These Terms of Service (this “Agreement”) is a binding agreement between you (“User”,
“you”
or
“your”) and AI Land Dealz, LLC, an Arizona limited liability company, and its affiliated
companies and representatives (collectively, “AI Land Dealz”, “we,” “us,” or “our”) for
the
use
of AI Land Dealz’s platform, made available through https://www.app.ailanddealz.com (the
“Application”). “Services” as set forth in this Agreement means all the technology-based
services and software provided through the Application., including but not limited to,
marketing
information, demographic data, direct mailing services, interactive mapping tools,
GPS-enhanced
visualization of land boundaries and topography, zoning and land use information, market
analysis, and investment insights. If you are an individual accepting the terms of this
Agreement on behalf of User, you represent and warrant that you have legal authority to
bind
User to this Agreement, you have read and understand this Agreement, and you agree, on
behalf of
User, to this Agreement. If you do not have authority as an individual to bind the User,
you
agree to remain bound by the terms of this Agreement in an individual capacity.
By registering for an account or otherwise accessing and using the Application, you
acknowledge
and agree to all the terms and conditions of this Agreement including our most updated
Privacy
Policy which can be found at https://www.ailanddealz.com/privacy-policy. This Agreement
governs
your obligations when using the Application and AI Land Dealz’s limits of liability to
you.
We may modify this Agreement from time to time and will post the amended Agreement at
https://www.ailanddealz.com/terms-of-service. You will be deemed to have accepted this
Agreement
as amended if you continue to access our Application after any amendments are posted.
For
assistance with the AI Land Dealz Application, please contact Customer Support at
support@ailanddealz.com.
1. Use of Our Services
- 1.1 The Application is
exclusively
designed for use primarily by businesses
and
commercial
entities. Users acting in a commercial capacity will not benefit from, nor have
recourse
to,
consumer law protections or rights typically available to individual consumers.
- 1.2 AI Land Dealz
reserves the
right to restrict certain Services
to
registered
users. In registering or accessing a registered account, you agree to provide
accurate,
current,
and complete account information and attest that all information previously
provided
to
AI Land
Dealz is accurate, current, and complete, including but not limited to your
name,
address,
telephone number, commercial affiliation, and email address. You agree to
periodically
update
this information as necessary to keep it accurate, current, and complete. AI
Land
Dealz
has no
liability rising from your failure to maintain accurate information, including
your
failure to
receive critical information about the Services; you are responsible for all
activities
related
to the Services that occur through your account and password, and agree to keep
your
registered
account information confidential and to not use other user accounts registered
with
AI
Land
Dealz, not permit the use of your account by third parties and not to sell,
transfer
or
assign
your account to any third party. AI Land Dealz reserves the right to terminate
any
registered
account it believes to be in violation of this Section or any other Terms in our
sole
discretion. If you suspect any violation of this Section, including but not
limited
to
any
unauthorized use of your account, you agree to notify us immediately at
support@ailanddealz.com.
- 1.3 Subject to
compliance
with this Agreement, AI Land Dealz
grants
you
a
limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and
freely
revocable
license to access and use our Application and Services in accordance with the
terms
and
conditions set forth in this Agreement (the “License”). Any attempt to
sublicense,
assign, or
transfer any of the rights, duties, or obligations in violation of the
provisions of
this
Agreement is void. Except to the extent otherwise provided under this Agreement
and
any
other
applicable AI Land Dealz policies published by AI Land Dealz or otherwise
provided
to
you, AI
Land Dealz reserves all right, title and interest not expressly granted under
this
License to
the fullest extent permitted by law. Any use of the Services not specifically
permitted
under
this Agreement is strictly prohibited and shall automatically revoke the
License.
- 1.4 We may provide
links to
third-party websites, resources or
services
through the
Services. You acknowledge and agree that AI Land Dealz is not responsible or
liable
for
(i) the
availability, terms or practices of such websites, resources or services, or
(ii)
the
content,
products or services available on or through such websites, resources or
services,
including
that any information provided is complete, accurate or up-to-date. Links to such
websites,
resources or services do not imply any endorsement by AI Land Dealz of such
websites,
resources
or services or the content, products or services available on or through such
websites,
resources or services. You acknowledge that you have sole responsibility for,
and
assume
all
risk arising from, your use of any such websites, resources or services or the
content,
products
or services available on or through such websites or services. We will not be
responsible or
liable for any damage or harm resulting from your interactions with such
websites or
services,
or the content, products or services available on or through such websites or
services.
- 1.5 The
Application may
display, include, or make available
third-party
content (including data, information, news articles, applications, and other
products,
services,
and/or materials) or provide links to third-party websites or services,
including
through
third-party advertising (“Third-Party Materials”). You acknowledge and agree
that we
are
not
responsible for Third-Party Materials, including their accuracy, completeness,
timeliness,
validity, copyright compliance, legality, decency, quality, or any other aspect
thereof.
We do
not assume and will not have any liability or responsibility to you or any other
person
or
entity for any Third-Party Materials. You are solely responsible for verifying
the
accuracy of
any Third-Party Materials, including, but not limited to, real estate data.
Third-Party
Materials and links thereto are provided solely as a convenience to you, and you
access
and use
them entirely at your own risk and subject to such third parties’ terms and
conditions.
- 1.6 You agree that
you will
not use our Services to: (a)
impersonate
any
person or entity or misrepresent your affiliation with any person or entity
(including,
without
limitation, by using email addresses associated with any of the foregoing); (b)
engage
in
spamming, flooding, harvesting of email addresses or other personal information,
(c)
automatically crawl or query the Services for any purpose or by any means,
including
without
limitation, screen and database scraping, spiders, robots, crawlers and any
other
automated
activity with the purpose of obtaining lists of users or any other information
from
the
Services, including specifically, property listings available through our
Services;
(d)
attempt
to decipher, decompile, disassemble or reverse engineer any of the computer code
comprising or
in any way making up a part of our Services; (e) violate any applicable federal,
state,
local or
international law or regulation (including, without limitation, any laws
regarding
the
export of
data or software to and from the US or other countries); (f) send chain letters
or
pyramid
schemes via our Services, (g) attempt to gain unauthorized access to other
computer
systems
through our Services, (h) copy, reverse engineer, or otherwise reproduce the
Services
for the
purpose of competing with AI Land Dealz; (i) use or otherwise rely on any
demographics
data, or
any similar data, for discriminatory purposes or (j) otherwise interfere with
the
use,
enjoyment, and privacy of others or use the Services in any manner that could
damage,
disable,
overburden, or impair our Services.
-
Additionally, you agree not to: (a) use the Application in any manner that could
disable,
overburden, damage, or impair the site or interfere with any other party’s use
of the
Application, including their ability to engage in real time activities through
the
Application;
(b) use any robot, spider, or other automatic device, process, or means to
access the
Application for any purpose, including monitoring or copying any of the material
on the
Application; (c) use any manual process to monitor or copy any of the material
on the
Application, or for any other purpose not expressly authorized in this
Agreement,
without
our
prior written consent; (d) use any device, software, or routine that interferes
with the
proper
working of the Application; (e) introduce any viruses, Trojan horses, worms,
logic
bombs, or
other material that is malicious or technologically harmful; (f) attempt to gain
unauthorized
access to, interfere with, damage, or disrupt any parts of the Application, the
server
on
which
the Application is stored, or any server, computer, or database connected to the
Application;
(g) attack the Application via a denial-of-service attack or a distributed
denial-of-service
attack; or (h) otherwise attempt to interfere with the proper working of the
Application.
- 1.7 Free Subscriptions. AI Land Dealz may offer a
free trial of the Services for initial
assessment
for a limited period. You agree that at the end of the trial subscription, you
will no
longer be
able to access the Services unless you subscribe to a paid subscription. During
any
trial
period, the Services are provided “as-is” with no warranty of any kind, may be
subject
to
limits
on use and are intended for evaluative purposes only. We are not liable for any
damages,
losses,
or liabilities of any kind that arise from the use of Services offered during
any free
trial
subscription. Use of the Services and the Application during any trial
subscription is
at
your
own risk.
2. Application Operations and Responsibility.
- 2.1 The
Application
provides a suite of functionalities
designed
to
enhance
real estate search and streamline real estate investment strategies. This
includes
interactive
mapping, zoning and land use information, market analysis, investment insights,
and
property
detail overlays with essential geo-data. These tools are intended to assist
users in
making
informed property investment decisions but are not substitutes for professional
advice
or
judgment. Users are solely responsible for their real estate activities in
compliance
with
applicable laws and industry standards.
- 2.2 The Application allows
you
to access and manage property data,
create
direct
mailing campaigns, and receive insights on property characteristics. You are
responsible
for
managing access to your account and for all activities that occur under your
account. AI
Land
Dealz is not responsible for any errors or omissions in the data provided to you
or
for
any
damage or loss that may result from reliance on the data accessed through the
Application.
- 2.3 AI Land Dealz does
not
endorse or recommend any specific real
estate
property
or investment, accessed through the Application. The Application does not verify
the
accuracy of
the real estate information listed or referred to. All content related to real
estate
properties
and features is provided for informational purposes only.
- 2.4 AI
Land
Dealz disclaims all responsibility for any
transactions or
decisions made based on information obtained from the Application. All
agreements,
transactions,
or decisions arising from the use of the Application are solely between the
respective
parties
thereto. AI Land Dealz holds no liability for any aspect of any transactions or
interactions
facilitated through the Application.
- 2.5 AI Land Dealz may
disclose
User
information or data to third-parties as necessary to facilitate use of the
Application.
This
includes, but is not limited to, disclosure of User information to third-party
organizations to
facilitate direct mailing campaigns. You acknowledge and agree that AI Land
Dealz is
not
responsible for any breach of this Agreement as a result of third-party use of
User
data.
Notwithstanding anything to the contrary contained in this Agreement, AI Land
Dealz
may
aggregate User content, data and information in such a way that it will not
identify
you
and AI
Land Dealz may use that aggregated data to develop and improve the Application,
for
diagnostic
and corrective purposes in connection with the Application, and for any other
lawful
purpose.
3. Subscription Services and Fees
Certain portions of the Services require a payment of fees for access and use (the
“Subscription
Services”). “Subscription Fee” means the monthly or annual fee for the Subscription
Services
made available on the Application from time to time or otherwise communicated to you at
the
time
you register for Subscription Services which you will pay in accordance with this
Section 3.
All
listed fees are exclusive of taxes. AI Land Dealz may, in its sole and absolute
discretion,
change its Subscription Fees at any time. AI Land Dealz may charge and/or retain
Subscription
Fees if you do not fulfill your contractual obligations under this Agreement. Any unpaid
Subscription Fee may be charged at any time, regardless of whether you continue to use
the
Subscription Services. All payments will be made in United States dollars via (a)
electronic
funds transfer, (b) credit card or (c) as otherwise required by AI Land Dealz, as per
the
instructions of AI Land Dealz. AI Land Dealz may elect to use third-party payment
service
provider for payment, analytics, and other business services. In the event that AI Land
Dealz
uses a third-party payment service provider for payment, analytics, or other business
services,
the provider will collect identifying information about the devices that connect to its
services. This information may be used to operate and improve the services it provides
to AI
Land Dealz. You can learn more about the privacy practices of such third-party payment
service
provider through their privacy policy, accessible from their official website.
4. Email and Text Communication Consent.
By using AI Land Dealz’s Services, you agree to receive emails and text messages from us
regarding the Services to which you have subscribed as well as promotions, and other
notifications related to our Services. These communications are intended to keep you
informed
about opportunities that may be of interest to you. By providing your mobile phone
number,
you
are expressly consenting and “opting in” to receive marketing text message via automated
technology.
If you decide at any time that you no longer wish to receive such communications, you
have
the
option to opt out. To unsubscribe from emails, you can follow the unsubscribe link
provided
at
the bottom of each email. To stop receiving text messages, you can reply with “STOP” to
any
message we send.
Please note that opting out of these communications may affect your ability to receive
important
updates and offers about new services and features that may enhance your business
management
experience.
5. Intellectual Property and Other Content.
- 5.1 You acknowledge
that
all
content and materials available through our Application Services, including, but
not
limited
to
text, images, audio, video, interfaces, information, data, source code, object
code,
software,
trade names and trademarks, are the property AI Land Dealz (collectively, our
“Content”);
our
Content and any content licensed to us by third party content providers are
protected by
copyright, trademark, and other intellectual property laws and treaties of the
United
States
and
foreign countries. Nothing in this Agreement grants you any license or right to
use our
Content
except as expressly stated in this Agreement. The Agreement does not provide you
a
license
to
use, reproduce, distribute, display, or provide access to any portion of the
Services on
third
party sites or otherwise.
-
Our Content may only be accessed through the Application and neither it nor the
technology
used
to compile or operate the Application and the Services may be copied, modified,
sold,
reproduced, reverse engineered, reverse compiled, distributed, republished,
displayed,
posted,
be used to create derivative or collective works, or transmitted in any form, in
whole
or in
part, without AI Land Dealz’s prior written consent, which may be withheld or
revoked in
our
sole discretion. Unless you are otherwise explicitly granted permission, this
Agreement
does
not
grant you any right or license with respect to any trademarks, service marks,
graphics,
or
logos.
- 5.2 AI Land Dealz respects
the
intellectual property rights of others and
expects
you
to do the same. We may, in our discretion, disable and/or terminate the accounts
of
users
who
infringe or a charged with infringing the intellectual property rights of
others. If you
are
a
copyright owner or an agent thereof and believe that any content in the Services
infringes
upon
your copyrights, you may submit a notification pursuant to the Digital
Millennium
Copyright
Act
(“DMCA”) by providing AI Land Dealz’s Copyright Agent (identified below) with
the
following
information in writing:
- A physical or electronic signature of a person authorized to act on behalf
of
the
owner
of the
work that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or,
if
multiple
copyrighted works at a single online site are covered by a single
notification,
a
representative
list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the
subject
of
infringing activity and that is to be removed or access to which is to be
disabled
and
information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an
address,
telephone
number or email address;
- A statement that you have a good faith belief that use of the material in
the
manner
complained
of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under
penalty
of
perjury,
that you are authorized to act on behalf of the owner of an exclusive right
that
is
allegedly
infringed.
AI Land Dealz designated Copyright Agent to receive notifications of claimed
infringement
is:
AI Land Dealz, LLC
Email: support@ailanddealz.com
Use subject line: Copyright Claim
- 5.3 If you submit to us or
post through
our Application any testimonial,
comment,
review, suggestion, feedback or work of authorship (collectively, a
“Submission”) you
acknowledge and agree that such submission will not be confidential or secret
and may be
used by
us in any manner. AI Land Dealz assumes no liability for the disclosure or use
of
information in
a Submission that you consider contains confidential or proprietary information,
and no
submission sent to us will be considered or treated as confidential information.
We do
not
pre-screen submissions and we will have no obligation to read any particular
submission
submitted or sent to us.
-
In submitting any Submission to us, you: (a) represent and warrant that the
submission
is
original to you, no other party has any rights in the Submission, and that any
moral
rights
in
such submission have been waived, and (b) grant us a royalty-free, unrestricted,
worldwide,
perpetual, irrevocable, non-exclusive and fully transferable, assignable and
sublicensable
right
and license to use, reproduce, publish, distribute, display, translate,
summarize,
modify
and
adapt such submission (in whole or part) and/or to incorporate it in other works
in any
derivative work, form, media, or technology now known or later developed with or
without
your
name and in our sole discretion.
6. Disclaimer of Warranties, Limitation of Liability, Indemnification, and
Representations.
- 6.1 WE CANNOT
AND DO NOT
GUARANTEE OR WARRANT THAT FILES AVAILABLE
FOR
DOWNLOADING FROM THE INTERNET OR THE APPLICATION WILL BE FREE OF VIRUSES OR
OTHER
DESTRUCTIVE
CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS
TO
SATISFY
YOUR
PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND
OUTPUT,
AND
FOR
MAINTAINING A MEANS EXTERNAL TO OUR APPLICATION AND/OR SITE FOR ANY
RECONSTRUCTION OF
ANY
LOST
DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR
DAMAGE
CAUSED
BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY
HARMFUL
MATERIAL
THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA,
OR
OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS
OBTAINED
THROUGH THE APPLICATION OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY SITE
LINKED
TO IT.
-
YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE
APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ANY SERVICES
OR ITEMS
OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS,
WITHOUT
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AI LAND DEALZ NOR
ANY
PERSON
ASSOCIATED WITH AI LAND DEALZ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
APPLICATION.
WITHOUT LIMITING THE FOREGOING, NEITHER AI LAND DEALZ NOR ANYONE ASSOCIATED WITH
AI LAND
DEALZ
REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR
ITEMS
OBTAINED
THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT
DEFECTS
WILL BE CORRECTED, THAT OUR APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE
OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR
ITEMS
OBTAINED
THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
-
TO THE FULLEST EXTENT PROVIDED BY LAW, AI LAND DEALZ HEREBY DISCLAIMS ALL
WARRANTIES OF
ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO
ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE.
-
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED
UNDER
APPLICABLE
LAW.
- 6.2 TO THE
FULLEST EXTENT
PROVIDED BY LAW, IN NO EVENT WILL AI LAND
DEALZ,
ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS,
SERVICE
PROVIDERS AND AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
ARISING
OUT
OF
OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY SITES
LINKED
TO
IT,
ANY CONTENT ON THE APPLICATION OR SUCH OTHER SITES, INCLUDING ANY DIRECT,
INDIRECT,
SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL
INJURY,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS
OF
BUSINESS
OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY
TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
AI LAND
DEALZ
DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN BY USERS OF THE APPLICATION AND
THE
SERVICES
THAT
THE APPLICATION PROVIDES.
-
AI LAND DEALZ TAKES NO RESPONSIBILITY NOR ASSUMES ANY LIABILITY FOR ANY
THIRD-PARTY
CONTENT.
ANY
AND ALL USE OR RELIANCE ON THIRD-PARTY CONTENT OR OTHER INFORMATION PROVIDED OR
OBTAINED
THROUGH
THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK, INCLUDING INFORMATION
PROVIDED BY OR
FOR
AI
LAND DEALZ. AI LAND DEALZ IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, CONTENT,
OR
INFORMATION
PROVIDED BY ANY THIRD PARTY.
-
YOUR USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR
APPLICATION
IS AT
YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT
FROM
YOUR
USE
OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES
AND ARE
SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR
MOBILE
DEVICE
USED
IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE
USE OF
OUR
SERVICES, CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
- 6.3 YOU AGREE TO
DEFEND, INDEMNIFY,
AND HOLD HARMLESS AI LAND DEALZ, ITS
AFFILIATES
AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE
PROVIDERS AND
AGENTS
FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES,
INCLUDING
WITHOUT
LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR CONNECTED TO
YOUR
USE OF
THE
SERVICES, BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A
THIRD
PARTY,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SHALL COOPERATE AS REQUIRED BY US IN
THE
DEFENSE
OF
ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF
ANY
MATTER
SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY
CLAIM
WITHOUT
OUR
PRIOR WRITTEN CONSENT.
- 6.4 You represent
and warrant
that (i) you have the ability to enter
into
this
Agreement and grant all assignments, licenses, and permissions contemplated or
contained
herein;
(ii) your use of the Application and the Services will be in compliance with all
laws,
regulations, this Agreement, any AI Land Dealz policies, and third party
policies, as
applicable
to you; (iii) your Content and any Submissions are original to you and do not
infringe,
misappropriate, or otherwise violate the rights, including any intellectual
property
rights
or
rights of publicity or privacy, of any person; (iv) your Content and any
Submissions do
not
contain any obscene, libelous, defamatory, abusive, or inappropriate content;
and (v)
our
use of
any Submissions you provide will not infringe, misappropriate, or otherwise
violate the
rights,
including any intellectual property rights or rights of publicity or privacy, of
any
person.
7. Miscellaneous.
- 7.1 This
Agreement will be governed by the laws of the state of
Arizona,
without regard to its provisions relating to conflict of laws. The prevailing
party in
any
suit,
action or proceeding, including any arbitration proceeding, will be entitled to
recover
its
reasonable legal fees and costs and expenses from the other party. The parties
irrevocably
consent to the exclusive jurisdiction of the courts located in Maricopa County,
Arizona
for
any
dispute arising out of this Agreement or the Services. Any claim arising out of
or
related
to
this Agreement or the Services must be filed within one year after such claim
arose;
otherwise,
the claim is permanently barred, which means that you will not have the right to
assert
the
claim.
-
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS
AGREEMENT
OR
THE
SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;
OTHERWISE,
SUCH
CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- 7.2 We each agree that
any
dispute resolution proceedings will be
conducted
only on
an individual basis and not in a class, consolidated or representative action.
If
for
any reason
a claim proceeds in court rather than in arbitration, we each waive any right to
a
jury
trial
unless prohibited by applicable law. We also both agree that you or we may bring
suit in
a state
or federal court in Phoenix, Arizona to enjoin infringement or other misuse of
intellectual
property rights.
- 7.3 If we are unable to
perform any obligation under this Agreement
because
of any
matter beyond our reasonable control, including but not limited to, pandemic or
widespread
outbreak of infectious diseases, government shutdown, lightning, flood,
exceptionally
severe
weather, fire, explosion, war, civil disorder, industrial/labor disputes
(whether or
not
involving our employees), acts of government, loss of or problems with
telecommunications,
utility services or other third party services, and hostile network attacks
(each, a
“Force
Majeure Event”), we will have no liability to you for such failure to perform;
provided,
however, that we will resume performance promptly upon removal of the
circumstances
constituting
the Force Majeure Event.
- 7.4 AI Land Dealz’s failure
to
enforce any of our rights or to act with
respect
to a
breach by you or others of this Agreement does not constitute a waiver of any
rights
and
will
not limit our rights with respect to that breach or any subsequent breaches. No
waiver
by AI
Land Dealz of any of the provisions in this Agreement will be of any force or
effect
unless made
in writing and signed by a duly authorized officer of representative of AI Land
Dealz.
- 7.5 If any provision of
this
Agreement shall be unlawful, void or for
any
reason
unenforceable, then that provision shall be deemed severable from this Agreement
and
shall not
affect the validity and enforceability of any remaining provisions.
- 7.6 We may assign this
Agreement, or certain of our rights or
obligations
under
this
Agreement, to any party at any time without notice to you. You may not assign
your
rights or
obligations under this Agreement, by operation of law or otherwise, without the
prior
written
consent of AI Land Dealz. Any attempt by you to assign such rights shall be
void.
- 7.7 Any provisions of
the
Agreement that contemplate performance
or
observance
subsequent to the expiration or termination of this Agreement shall survive such
expiration or
termination.
- 7.8 No agency, partnership,
joint
venture, employee-employer or
franchiser-franchisee
relationship is intended or created by this Agreement.
- 7.9 This Agreement,
our
Privacy Policy, and any other agreements
provided
by AI
Land Dealz that incorporate this Agreement or the Privacy Policy by reference
constitute
the
entire and exclusive understanding and agreement between you and AI Land Dealz
regarding
your
access to the Services and supersede and replace any and all prior or
contemporaneous
oral or
written representations, understandings or agreements between you and AI Land
Dealz
regarding
the subject matter hereof. You acknowledge and agree that you have not relied on
any
representations or warranties whatsoever, express, implied, at common law,
statutory
or
otherwise, except for the representations or warranties expressly set forth in
the
Agreement.
The headings in the Agreement are for reference purposes only and do not limit
or
otherwise
affect the meaning or interpretation of any of the provisions hereof.
- 7.10 This Application is
operated
by AI Land Dealz, LLC. If you have any
questions or
concerns, please contact us at support@ailanddealz.com. You can also write us
at:
This Agreement was last modified in November, 2024.