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Product & Feature Specific Terms
Anti-Bribery & Corruption Policy
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This page contains Jurisdiction Specific Terms for our Services.
If you are receiving any of the Services, please read the applicable terms carefully, as they form part of the Agreement between us, as described in the LandTech General Terms and Conditions, unless explicitly stated otherwise on your Order Form.
Geographic location relevant to the Services | Contracting entity | Sites operated (in respect of the Website Terms of Use) | Address | Governing law | Jurisdiction and dispute resolution |
---|---|---|---|---|---|
United Kingdom | Land Technologies Ltd | land.tech, community.land.tech, givemyview.com, built-id.com | 9 Appold St, | ||
Hackney, | |||||
London, | |||||
EC2A 2AP | English Law | Subject to the exclusive jurisdiction of the courts of England and Wales | |||
United States of America | Land Technologies, Inc. | landtech.us | 251 Little Falls Drive, | ||
Wilmington, | |||||
New Castle County, | |||||
DE 19808 | Delaware Law (without regards to conflicts of laws principles) | Disputes arising in connection with the Agreement will be settled exclusively through binding arbitration administered in St. Petersburg, Florida by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable (non-monetary) relief from any court having jurisdiction. |
Clause 19.1 of the Website Terms of Use shall include, in addition:
“If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland”
Section 4, “Your Obligations”, of the General Terms & Conditions shall include, in addition:
4.5 You shall: (i) obtain any necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation applicable to Your use of the Services; and (ii) limit use of the Services to your Users who have been appropriately trained.
4.6 If You use the Services for direct marketing purposes, You shall comply with the published guidelines of the Direct Marketing Association and all applicable non-solicitation and privacy laws and regulations.
4.7 You are solely responsible for using (and Your Users using) the Services and all data obtained through the Services in full compliance with all applicable federal, state and local laws, including without limitation all laws concerning privacy, solicitation and advertising practices, and data security, and You are solely responsible for monitoring and complying with any changes in law that may affect Your use of the Services or data obtained through the Services. Without limiting the generality of the foregoing, You represent, warrant and covenant that You will comply with the following laws and regulations: (a) Do-Not-Call (“DNC”) registry prohibitions for both voice calls and text messages; (b) any licensing and bonding requirements applicable to Your business; (c) consumer cancellation rights; (d) mandatory disclosures; (e) cell phone restrictions; (f) text messaging restrictions; (g) opt-out rules; (h) call recording laws; (i) record retention requirements; (j) direct mail rules and best practices; (k) CAN SPAM Act and related email rules; and (l) all other applicable laws and regulations, as the same may be adopted or amended from time to time.
4.8 Without limiting the generality of any other provision hereof, in the event that You use text messaging or calling to communicate with persons whose information is obtained through or using the Services, You represent and warrant that You are aware that, among other requirements, and will comply with, the Telephone Consumer Protection Act (“TCPA”) and consumer protection rules and regulations that restrict and set forth circumstances under which You must obtain prior express written consent from a consumer before you can send them marketing calls or text messages. You must obtain consent from each and every recipient of such calls and texts, on each and every subject beyond the scope of the original consent. You are responsible for obtaining all required consents, and for complying with all applicable laws, including all amendments thereto from time to time, with respect to all text messages sent or received to persons whose information is obtained through or using the Services.
4.9 You represent, warrant and covenant that:
4.9.1 You shall obtain all required consents of any person with whom You communicate using data derived from the Services, You shall honour all opt-outs and consent revocations received from any person, and that You are solely responsible for doing so.
4.9.2 You will use the Services only in a manner that is acceptable under this Agreement and not for anything other than Your legitimate business purposes.
4.9.3 You will not use the Services, or any data derived therefrom:
4.9.3.1 For credit evaluation of or any other form of background check on an individual;
4.9.3.2 As a factor in establishing an individual’s eligibility for credit or insurance;
4.9.3.3 In connection with underwriting individual insurance;
4.9.3.4 To evaluate risk in connection with the marketing or sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
4.9.3.5 For purposes of debt collection or for marketing or selling debt relief products or services;
4.9.3.6 In evaluating an individual for employment purposes;
4.9.3.7 In connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority;
4.9.3.8 In any other manner that would cause such use to be construed as a consumer report by any governmental authority.
4.9.3.9 For any marketing or telemarketing except in strict compliance with all governing laws;
4.9.3.10 In a manner that is actually or potentially libelous, slanderous, threatening, harmful, harassing, indecent, obscene, in violation of the intellectual property rights of any person or so as to cause nuisance, annoyance or inconvenience to any person;
4.9.3.11 To engage in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activity prohibited by applicable laws;
4.9.3.12 To violate the publicity or privacy rights of another individual;
4.9.3.13 To create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for Your internal, legitimate business use;
4.9.3.14 To access or use the personal or confidential information of any third party without their permission, or attempt to do so;
4.9.3.15 To mislead recipients of any call, text, email or other message as to Your identity, including without limitation by creating a false caller ID (e.g., ID spoofing), forging addresses or headers, or fraudulently undertaking other technical measures to misrepresent the origin or identity of the sender or caller; or
4.9.3.16 To impersonate another person, act as another entity without authorization, or create multiple accounts.
Section 8, “Liability and Indemnity”, of the General Terms & Conditions shall include, in addition:
8.10 We, and our third-party suppliers, do not warrant that We have obtained the consent of individuals whose data may be included in the Services for the disclosure or use of their personally identifiable information or for such individuals to be contacted. We, and our third-party suppliers, do use commercially reasonable efforts to honour requests from such individuals that their data be removed from Our systems. We therefore do not commit that any search results or other data set obtained through the Services reflects all individuals who might meet the search criteria, or that subsequent searches will return consistent results.
8.11 You agree to indemnify and hold harmless Us and our affiliates, and Our and their respective directors, officers, members, managers, employees, agents and successors and assigns, from and against any claim made by any third party that arises from, or is in any way connected with, Your use of the Services in violation of federal, state or local Do-Not-Call laws, rules or regulations.