General Terms And Conditions

Last Modified: October 5th, 2018

LAND GORILLA, LLC (“Us” “Our” “We” or “LG”) appreciates your interest in Our services. Your use of our website, www.LandGorilla.com, whether directly or through associated site including system.landgorilla.com, constructionloanmanager.com, (the “site”), or otherwise in association with use of our SaaS Land Gorilla Construction Manager, whether web or mobile based (collectively, “Digital Property”) is at all times subject to these terms and conditions of use (“Terms”) and our privacy policy at [privacy policy].

All LG code and specifications, and all other code and specifications for LG’s Digital Property and the operation of the site, are subject to their express or implied licenses.

License Grants & Restrictions: Not limiting any proprietary rights that We may have in the site, Our Digital Property or any necessary software under any applicable laws governing intellectual property, proprietary rights, and the like, We grant you a non-exclusive, non-transferable, limited privilege to access and use the site and Digital Property per any registration terms solely with supported browsers through the Internet for your own internal purposes, subject to these terms. You shall not permit the site or Digital Property to be used by or for the benefit of unauthorized third parties. Nothing in the Terms shall be construed to grant you any right to transfer or assign rights to access or use the site. All rights not expressly granted to you are reserved by us. Except as expressly authorized by LG, you agree not to: (1) modify, rent, lease, sell, distribute, or make derivative works based upon the site or Digital Property; or (2) reverse engineer or access the site or Digital Property in order to (a) build a competitive product or service; (b) build a product using similar features, functions, or graphics of the site or Digital Property; or (c) copy any features functions or graphics of the site or Digital Property, in whole or in part. You further acknowledge and agree that, as between the parties, We own all right, title, and interest in and to the site and Digital Property, including all intellectual property rights therein.

Security, Passwords and Means of Accessing the Site and Digital Property: You agree not to access or use the site in any manner that could damage, disable, overburden, or impair any user accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the site or any of LG’s Digital Property, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the site or any LG accounts, including that of the company through which you access Digital Property or LG computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the site or any LG accounts, computer systems or networks.
Services that require you to open an account include a registration process through which you provide LG with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the site with any other person. You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the LG site. You agree to notify LG immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms.

No Unlawful or Prohibited Use: You agree not to use LG’s site or Digital Property for any unlawful purpose or otherwise prohibited by these Terms or any terms set forth in the Master Services Agreement between an associated company through or on behalf of which you access the site. You agree that you will neither use the site nor Digital Property in any way that is: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to enter use; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.

Indemnity: To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless LG, its officers, members, managers, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of information you enter into the LG site.

Termination of Use: You agree that LG, in its sole discretion,may at any time discontinue providing or limit access to the site and Digital Property accessed through it. You agree that LG shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the site or any of its Digital Property.

Disclaimer of Warranties: UNLESS OTHERWISE AGREED IN WRITING, ALL INFORMATION, MATERIALS AND PROCESSES INCLUDED IN THE SITE AND DIGITAL PROPERTY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.

WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE AND DIGITAL PROPERTY.

WE DO NOT WARRANT THAT (1) THE SITE OR DIGITAL PROPERTY WILL MEET YOUR SPECIFIC REQUIREMENTS, (2) THE SITE OR DIGITAL PROPERTY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR DIGITAL PROPERTY WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR ASSOCIATED WITH THE DIGITAL PROPERTY WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SITE OR DIGITAL PROPERTY WILL BE CORRECTED.

WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, CONTENT, OR ADVICE OBTAINED THROUGH THE SITE OR BY USE OF DIGITAL PROPERTY BUT NOT INCLUDED IN THESE TERMS.
WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT ON THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY CLAIM RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OF, MISUSE OF, RELIANCE ON, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, OR THE INABILITY TO USE THE SITE, OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, IS LINKED, OR IS RELATED IN ANY WAY TO THE SITE; (ii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING DAMAGES INCURRED BY THIRD PARTIES); (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (vi) ANY OTHER MATTER RELATING TO THE SITE.

Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

General: These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between the parties and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms). Any waiver of any provision of the Terms will be effective only if in writing and signed by an authorized representative of LG. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

For information on making claims of copyright infringement, use the following [link to Procedure for Claims]. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner. You agree that you will not use the site to infringe LG’s intellectual property rights, including all its Digital Property, or the third party intellectual property rights. Do not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any content of Digital Property accessed through Our site.

Contact Information: If you have any questions regarding these Terms, direct them to:
contact@landgorilla.com or via postal mail at:

Land Gorilla
1241 Johnson Ave. #154
San Luis Obispo, Ca 93401
(805) 242-5847