THE FOLLOWING DESCRIBES THE TERMS ON WHICH TerraStride, Inc. OFFERS YOU ACCESS TO OUR SERVICES via our site terrastridepro.com and any other site owned or operated by Terrastride, Inc.
Welcome
to TerraStride, Inc.'s User Agreement. This User Agreement describes
the terms and conditions applicable to your use of our services at
www.terrastridepro.com.
Any reference in this User Agreement to we or our shall refer to
TerraStride, Inc.
When this User Agreement refers to
terrastridepro.com it
also refers to all websites and other media published by TerraStride,
Inc.
This User Agreement is effective immediately. We
may amend this User Agreement at any time by posting the amended
terms on our site. This User Agreement may not be otherwise amended
except in a writing signed by you and TerraStride, Inc.
1. Eligibility.
Our
services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the
foregoing, our services are not available to minors. If you do not
qualify, please do not use our services. Further, our services are
not available to temporarily or indefinitely suspended
terrastridepro.com
customers.
1.1
Terrastridepro.com Communication
Terrastridepro.com
utilizes email as a vital and primary communication channel with
customers. As a registered user, you hereby acknowledge and grant us
permission to communicate with you via email (as well as other
communication channels such as phone and fax) for any purpose we
determine to be relevant including, but not limited to, system
messages, product updates, billing and payment inquiries, service
announcements and other marketing messages. We will use reasonable
efforts to honor your request to opt out of marketing messages, but
under no circumstances will we have any liability for sending any
email to its registered users/customers.
2.
Fees and Services.
2.1
Registering.
Registering
on www.terrastridepro.com
is free.
2.2
Paid Services
You
must purchase a subscription to our services in order to share your
maps’ map objects and media with anyone. You do not need a
subscription to share free maps; however, the public will only be
able to view a map’s property boundary and description utilizing
the free tier. Premium subscription rates are detailed on the
Subscription Settings portion of your user profile. On this page
users may purchase property credits. These credits are then applied
to maps, allowing users to share fully viewable maps with others. We
offer both monthly and yearly payment options for various credit
packages. Credit packages can be upgraded or downgraded at any time.
Upgrades will take effect immediately. Downgrades will be reflected
at the start of the next payment cycle (monthly or yearly, depending
on the payment option selected).
3. TerraStride Pro is Only a Marketing Tool.
3.1
Overview.
Our
site acts as a Marketing Tool for sellers of property and others who
wish to use our mapping technology. We are not involved in the actual
transaction between buyers and sellers. As a result, we have no
control over the quality, safety or legality of the properties or
services advertised, the truth or accuracy of the listings, the
ability of sellers to sell the properties or services or the ability
of buyers to buy properties, items or services. We cannot ensure that
a buyer or seller will actually complete a transaction.
3.2
Safe Trading.
We
cannot and do not confirm each or any user's purported identity.
3.3
Release.
We
are not involved in the actual transaction between buyers and
sellers, in the event that you have a dispute with one or more users,
you release TerraStride, Inc. (and our officers, directors, agents,
subsidiaries, affiliates and employees) from any and all claims,
demands, damages (actual and consequential), losses, costs and
expenses of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
3.4
Information Control.
We
do not control the information provided by our users, which is made
available through our site. You may find other user's information to
be offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice safe trading when using our site. Please
note that there are also risks of dealing with foreign nationals,
underage persons or people acting under false pretense.
4. Buying.
Use
common sense when purchasing property or other services. Due
diligence and inspections are normal and should be part of the
purchase of any property. Competent legal counsel should be employed
to purchase property or anything of significant value.
5. Advertising and Selling.
5.1
Fraud.
Without
limiting any other remedies, we may suspend or terminate your account
if you are found (by conviction, settlement, published statements,
statements of others, our own investigation, accusation or otherwise)
to have engaged in fraudulent activity in connection with our
site.
5.2
Accuracy.
You
guaranty, warrant and represent that every piece of information you
place in any advertisement on our site is accurate, true and correct
and you guarantee without caveat to its veracity in all forms and
parts.
6. Your Information.
"Your
Information" is defined as any information you provide to us or
other users in the registration process, in any part of TerraStride
Pro.com or through any email feature. You are solely responsible for
Your Information, and we act as a passive conduit for your online
distribution and publication of Your Information. With respect to
Your Information:
6.1
Your Information (or any items listed therein):
(a)
shall not be false, inaccurate or misleading; (b) shall not be
fraudulent or involve the sale of counterfeit or stolen items; (c)
shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or
privacy; (d) shall not violate any law, statute, ordinance or
regulation (including without limitation those governing export
control, consumer protection, unfair competition, antidiscrimination
or false advertising); (e) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) shall not be
obscene or contain child pornography or be harmful to minors, and if
so shall be distributed only to people legally permitted to receive
such content; (g) shall not contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information; (h) shall not create liability for us or cause us to
lose (in whole or in part) the services of our ISPs or other
suppliers; and (i) shall not link directly or indirectly to or
include descriptions of goods or services that: (aa) are prohibited
under this User Agreement; (bb) are identical to other items you have
on the site; or (cc) you do not have a right to link to or include.
Furthermore, you may not create any map on our site (or consummate
any transaction that was initiated using our service) that, by paying
to us the premium map fee, could cause us to violate any applicable
law, statute, ordinance or regulation.
6.2 Solely
to enable us to use the information you supply us with, so that we
are not violating any rights you might have in that information, you
agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to
exercise any and all rights you may have in Your Information, in any
media now known or not currently known, with respect to Your
Information.
7. Privacy.
We strongly urge you to read our Privacy Statement and Notice of Privacy Practices, which is accessible through the home page of terrastridepro.com at www.terrastridepro.com/privacy/. Our Privacy Statement and Notice of Privacy Practices describes TerraStride’s information practices and procedures for collection and use of personal information when you use www.terrastridepro.com or sign up to use our services. Our Privacy Statement and Notice of Privacy Practices are hereby incorporated into this User Agreement by reference. By agreeing to this User Agreement, you acknowledge that you have reviewed, understood and explicitly consented to the terms and conditions set forth in the Privacy Statement and Notice of Privacy Practices.
8. Access and Interference.
You
agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of
terrastridepro.com. You
agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure. Much of the
information on our site is updated on a real time basis and is
proprietary or is licensed to us by our users or third parties. You
agree that you will not copy, reproduce, alter, modify, create
derivative works, or publicly display any content (except for Your
Information) from our website without the prior expressed written
permission of us.
9. Breach.
Without
limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your
registration and cancel any maps you created using our site and
refuse to provide our services to you: (a) if you breach this User
Agreement or the documents it incorporates by reference; (b) if we
are unable to verify or authenticate any information you provide to
us; or (c) if we believe that your actions may cause legal liability
for you, our users or us.
10. No Warranty.
WE
AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some geographic
regions (such as States) do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights and you may also have other
legal rights which vary from state to state.
11. Liability Limit.
IN
NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS, LOST
REVENUE OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR
THIS USER AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR
LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY AND ALL CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A)
THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, AND (B) $100. Some geographic regions
(such as States) do not allow the limitation of liability, so the
foregoing limitation may not apply to you.
12. Indemnity.
You
agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any and all
claims, demands, damages (actual and consequential), losses, costs
and expenses (including reasonable attorneys' fees) due to or arising
out of your breach of this User Agreement or the documents it
incorporates by reference, or your violation of any law or the rights
of a third party.
13. Legal Compliance.
You
shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our web site and services.
14. No Agency.
You
and TerraStride, Inc. are independent contractors, and no agency,
partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
User Agreement.
15. Notices.
Except
as explicitly stated otherwise, any notices shall be given by postal
mail to TerraStride, Inc. at 1712 St. Julian Place, Columbia, SC
29204. Notice shall be deemed given 24 hours after email is sent to
you at the email address you provided, unless the sending party is
notified that the email address is invalid. Alternatively, we may
give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to us during the registration
process. In such case, notice shall be deemed given 3 days after the
date of mailing.
16. Arbitration.
Any
controversy or claim arising out of or relating to this User
Agreement or our services shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The
arbitration shall be held in Columbia, SC. Judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. Either you or we may seek any interim or preliminary relief
from a court of competent jurisdiction in necessary to protect your
or our rights or property pending the completion of arbitration.
17. General.
This
User Agreement shall be governed in all respects by the laws of the
State of South Carolina. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our
site may be interfered with by numerous factors outside of our
control. If any provision of this User Agreement is held to be
invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference
purposes only and in no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. This User Agreement sets forth the
entire understanding and agreement between us with respect to the
subject matter hereof.
18. Your Responsibility to Uphold the User Agreement.
You
agree to this User Agreement and also agree not to provide any other
person a link to www.terrastridepro.com
or
its sub-pages such that that person avoids seeing or agreeing to this
User Agreement.
DISCLAIMER
terrastridepro.com
is
an independent website, owned by TerraStride, Inc., and is not
affiliated with any real estate agency, contractor or developer. The
publisher is neither an agent nor broker. No responsibility can be
assumed as to the description or condition of properties listed. Due
care and diligence is used in the posting of advertising copy, but no
warranty is implied or given by the publisher. The contents of the
advertisements online are the responsibility of the advertiser. The
publisher reserves the right to reject questionable advertising. This
entire disclaimer applies to all websites and publications owned by
TerraStride, Inc.