Terms of Use - Landmark Worldwide

Landmark Worldwide Terms of Use

Welcome to Landmark Worldwide. Please read these Terms of Use ("Terms") and our Privacy Policy(the "Privacy Policy") carefully before using our website ("our Site" or the "Site"), mobile application (our "App" or the "App") and related services (collectively, the "Services") as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations. By using our Services, you accept these Terms, and you agree to abide by them. If you do not agree to all of these Terms, do not use the Services.

We reserve the right, at our sole discretion, to revise and update these Terms at any time. We will endeavor to notify you by posting a notice on our Site and sending an email to our users who have registered and paid for a course or created an account. We will post the last date of any change to these Terms at the bottom of this page. Your continued usage of the Services after such changes will mean you accept those changes.

"You", "your", "User" and "User of the Services" shall mean any person or company who accesses or uses the Services for any purpose. These Terms apply only to the use of our Services and the Content made available through our Services (which may include online materials related to courses that you have registered to take).

By accessing and/or using the Services, including by doing so after accessing these Terms, you represent and warrant that you are at least 18 years old, and otherwise legally qualified to enter and form contracts under applicable law. If you are using the Services on behalf of a company, you further represent and warrant that you are authorized to act and enter contracts on behalf of that company. These Terms include provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. See our Dispute Resolution section below for full details.

Information About Us

The Services are operated by Landmark Worldwide Enterprises, Inc. ("Landmark", "we" or "our"). We are registered in the State of Delaware, United States of America under company number 3571811.

Accessing Our Services

Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without prior notice. From time to time, we may restrict access to some parts of the Services to people using the Services who have registered for a course with us.

License to Use the Services; Your Use of the Services

Subject to your compliance with these Terms, Landmark grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access and use the Services in the manner intended by the Services. This license allows you to use the Services, but does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Services without the prior express written consent of Landmark. All rights not expressly granted in these Terms are reserved by Landmark.

Our Services, and any Content viewed through our Services, are solely for your personal and non-commercial use. Except for the limited license granted to you, no right, title, or interest shall be transferred to you. We may revoke your license at any time in our sole discretion.

Your Account

We may ask you to create a user account (your "Account") to access certain parts of the Services. You acknowledge and agree that you will only provide complete and accurate information to us in connection with your Account. This means that you cannot create your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all of your Content.

Account Security

You must treat all usernames and passwords as confidential and must not disclose them to any third party. You agree not to share your Account login details with anyone else. We have the right to disable any user identification code or password at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms. If you believe your Account has been accessed without your permission, you should immediately notify us.

Your Content

We refer to all content uploaded, posted, or communicated to or through the Services as "Content." Your Content includes your posts and status updates, images, photographs, profile pictures and information, video and audio recordings, artwork, music, literary works, gifs, memes, reviews, testimonials, comments, ratings, and your interactions with other users through the Services (both public and private messages). Your Content includes all Content posted through your Account, regardless of whether you personally posted it. It is up to you to make sure that your Content obeys these Terms and the law. It is not an excuse to say you did not understand the law, that you were simply reposting another user's Content, or that you've seen similar Content posted by others. Once you decide to post it, the Content becomes your responsibility.

If your Content contains any reviews, testimonials, or comments—including reviews of the Services, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that pursuant to the license granted in your Content (discussed below), Landmark will have the right to republish all or part of your reviews and comments on the Services, our social media accounts, advertising, and other media as we deem fit.

You agree not to post, upload, publish, submit, or transmit any of the following types of Content

Infringing Content. Any Content that infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy is prohibited.
Illegal or Obscene Content. Any Content prohibited by law is also prohibited on the Services. We also prohibit obscene Content, including Content depicting violence, bigotry, hatred, harassment, harm, racism, drug use, and similar illegal acts, whether fictionalized or real. We do not allow Content containing pornography, depiction of sexual acts, or nudity on the Services, whether legal or not.
Threatening, Defamatory, or Invasive Content. We do not allow any Content that threatens or spreads misinformation about other users or persons. We don't allow any Content that violates a user's privacy, such as doxing. The enforcement of this section is within our exclusive discretion. This means that we do not have to take down Content just because you feel it is dishonest or threatening.
Commercial Solicitations or "Spam." Do not post Content that solicits other users or constitutes spam. If you see other users posting spam, you should report it. We appreciate your help with our effort to keep the Services spam-free.

When you post prohibited Content, it creates legal problems for you and Landmark. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold us harmless for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys' fees and other costs we incur to defend our company in a lawsuit related to your Content. To prevent such claims from happening, we reserve the right to remove or edit your Content, but we have no obligation to do so, and we do not conduct such reviews as a matter of practice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

License to Display Your Content

You are always the owner of your Content; however, we require a license from you to legally display your Content. Without this license, we could not allow you to upload any Content. Accordingly, you grant to Landmark a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created. You remain solely responsible for your Content, including ensuring that it does not violate applicable laws or third-party rights.

Third Party Content

Our Services are a venue for Content supplied by Landmark, third parties and visitors. Accordingly, Landmark has no specific prior review process or editorial control over such Content. Any opinions, advice, statements, services, offers, representations, or other information or Content expressed or made available by third parties, including information providers, or any other User of the Services, are those of the respective parties and not necessarily those of Landmark. If you are accessing the Services, neither Landmark nor any third-party provider of information makes any guarantees to you about the accuracy, completeness, or usefulness of any third-party Content, nor its merchantability or fitness for any particular purpose.

Mobile Services

Subject your compliance with these Terms, Landmark grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Landmark reserves all rights in and to the App not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

When you access the App through a mobile network, your mobile provider's rates and fees regarding data usage, minutes, and messaging may apply. Your network or device may have limitations that prevent the App from working.

When you use our App, you may be given the opportunity to turn on or off certain permissions for us to access your device or third-party accounts. For example, we may ask for permission to track your activity across third-party apps. Your ability to give or revoke such permissions is located within the general platform settings for your device and is not controlled by us.

By downloading and/or installing our App, you consent to receive automatic software updates, where available.

Payments

You agree to pay Landmark all fees associated with any purchases made by you through the Services. It may be necessary for Landmark to change the fees and charges in effect, including for any subscription plans, and Landmark reserves the right, in its sole discretion to update fees. Landmark will communicate any price changes to you in advance and, if applicable, how to accept those changes.

Links to and from Third Party Sites

There may be links established between the Services and other sites on the World Wide Web or Internet which are not under the control of, or maintained by, Landmark. These links do not necessarily constitute an endorsement by Landmark of those sites. Landmark undertakes no obligation to monitor such sites, and you agree that Landmark is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage. You further agree that in the event that you establish a link from any other site to the Services, you will immediately discontinue such link upon receiving written notice from Landmark of its objection to any such link.

Termination

Your access to and use of the Services will be subject to Landmark's authorization. Landmark reserves the right to terminate your access to the Services at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While Landmark's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action, Landmark does not represent that it will, nor is it required to, either actively monitor such behavior or to provide such notice to you. Landmark's right to terminate your access is in addition to all other legal or equitable remedies available to Landmark hereunder, which rights are fully and expressly reserved by Landmark. Upon termination of this Agreement for any reason, you shall cease to use or further access the Services and shall be liable for any unauthorized attempts to do so via any means.

Proprietary Materials Agreement

You understand that all concepts, information, and materials on the Services (including without limitation trademarks, logos, graphics, course materials, and images) (the "Materials") are the proprietary property of Landmark and/or our third-party licensors and suppliers and are protected by copyright, patent, trademark, trade secret, and other applicable laws. Any Content (whether images, text, video, audio or other information or materials) that any User of the Services provides to Landmark (the "Submissions") are not considered part of the Materials but are subject to the restrictions set forth below. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of Landmark, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and "good will" of Landmark.
You have the limited right to display the Materials only on your personal device, and to copy and download the Materials provided that: (1) any copyright and trademark notices appearing on such Materials are also displayed, copied or downloaded as part of the Materials, and are not removed, moved, or obscured, and (2) such display, copy, or download is solely for your personal informational use. This limited right to access, display, and use the Materials terminates automatically, without notice to you, if you breach any of these Terms. All goodwill generated from the use of the Materials will inure to Landmark's exclusive benefit.
You acknowledge that the Materials are intended solely for use in Landmark's programs and provided to you solely on the basis that you will only use the Materials for your personal use. You understand that while you are free to use the Materials for your own personal use, and free to tell others about the benefits you realized from participating at Landmark, you agree and confirm that you will not use the Materials for any purpose other than your own personal use except with the prior written permission of Landmark.
You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting any of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to your clients or to others, except with the prior written permission of Landmark. You also agree that the Materials and the Services will not be used for any commercial purpose whatsoever without prior written authorization from Landmark.
Unless expressly indicated otherwise herein by Landmark, even if you have previously obtained Landmark's prior written permission to use any Materials or Submissions, you must obtain such written consent each time before again using any Materials or Submissions from the Services.
Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the Submissions of any party.

Intellectual Property Infringement

If you are a copyright owner or an agent thereof and believe that any Content on the Services infringes upon your copyrights, you may file a copyright infringement notification with us. To do so, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements)

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To expedite our ability to process your request, such written notice should be sent to our designated agent at: legal@landmarkworldwide.com

Prohibited Conduct

We impose certain restrictions on your use of the Services. You are prohibited from doing any of the following

Providing false, misleading, or inaccurate information to Landmark or any other person in connection with your Account, your Content, or the Services;
Impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
Accessing the Account of any other user;
Modifying or changing the placement and location of any advertisement posted through the Services;
Harvesting or collecting information about users, including email addresses and phone numbers;
Using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the App for any use, including any use on another website, app, or media;
Accessing Content or data not intended for you, or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breaching security or authentication measures;
Interfering with the use of the Services by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
Forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Services, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Services; or
Creating additional Accounts to promote yourself, your business, or a third party (or another's) business, or causing others to do so.

Notice to Users Who Have Registered For a Course

If you have registered and paid for a course with Landmark, Landmark may provide notice to you via email, or (at its discretion) via certified U.S. Mail, to the address provided on your registration form or such other address provided by you to Landmark. You shall provide notice to Landmark via email to: legal@landmarkworldwide.com, or by sending an email to your local Landmark office.

Jurisdiction, Dispute Resolution and Choice-Of-Law

This section governs any dispute between you and Landmark, and how that dispute will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between Landmark and you.

Arbitration (U.S.A. Only)

Except where expressly prohibited by law, you agree that any dispute, claim, or controversy arising from or relating to your use of the Services, these Terms, the Privacy Policy, your participation in any program (or any of its associated activities), including without limitation the interpretation, application, execution, performance, or enforcement of any provision of these Terms, including any claims of wrongful acts or omissions in your registration in any programs and the warnings and disclosure, Content, or delivery of any programs (or any of its associated activities) by Landmark, will be submitted to and determined by final and binding arbitration.

The arbitration shall be administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules and Procedures and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Such Rules and Procedures can be found at https://www.jamsadr.com/adr-rules-procedures/ and are updated from time to time.

Claims shall be heard by a single arbitrator. The arbitrator shall be a retired judge. The place of arbitration shall be in the State of Delaware. The laws of Delaware govern these Terms, without regard to conflict of law principles, and the arbitrator will apply Delaware law to the claims in the arbitration. The award shall be made within twelve (12) months of the filing of the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The arbitrator shall have no authority to award exemplary or punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall be entitled to an award of its reasonable attorney's fees, arbitration costs, and arbitrator fees, as determined by the arbitrator and where not prohibited by law. The arbitrator, in rendering an award in any arbitration conducted pursuant to this provision, shall issue a reasoned award stating the findings of fact and conclusions of law on which it is based, and the arbitrator shall be required to follow the laws of the State of Delaware. You understand that by agreeing to arbitrate your disputes with Landmark, you are waiving your rights to other legal resolutions, and you make such waiver willfully and knowingly.

Landmark will pay all JAMS filing, administration, and arbitration fees. However, if the arbitrator determines that you have filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay fees for the arbitration. The JAMS fees do not include attorneys' fees. Regardless of who wins the claim, each party will be responsible for paying their own attorneys' fees. The only exception is if the claim is brought under a law that specifically allows a party to recover their attorneys' fees. If this applies, the arbitrator may award attorneys' fees as they see fit under such law.

Neither you or Landmark shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted to arbitration and determined as provided herein and then only for the enforcement of such arbitration award; provided, however, that, notwithstanding this dispute resolution policy, Landmark may apply to a court of competent jurisdiction in the State of Delaware, to seek injunctive relief and provisional remedies before or after the pendency of any arbitration proceeding. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of Landmark to submit any claim seeking relief other than injunctive relief to arbitration.

Except as may be required by law or in connection with proceedings to confirm a final arbitration award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

You agree that arbitration is the sole and exclusive procedure for resolution of disputes between you and Landmark.

Negotiation and Arbitration (Non-U.S. Residents)

If you reside or have a place of establishment outside of the United States, you agree that the parties shall attempt in good faith to resolve any dispute arising out of or relating to your use of the Services, these Terms, the Privacy Policy, your participation in any program (or any of its associated activities), including without limitation the interpretation, application, execution, performance, or enforcement of any provision of these Terms, including any claims of wrongful acts or omissions in your registration in any programs and the warnings and disclosure, Content, or delivery of any programs (or any of its associated activities) by Landmark promptly by negotiation. If the dispute has not been settled within such time as the parties may agree in writing, either party may initiate arbitration with respect to the matters submitted to negotiation by filing a written demand for arbitration with JAMS ( Judicial Arbitration and Mediation Services) or its successors. Thereafter, the dispute will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Such Rules and Procedures can be found at https://www.jamsadr.com/adr-rules-procedures/ and are updated from time to time.

The tribunal will consist of a single arbitrator who is a retired judge and professionally fluent or proficient in English. The parties agree that the arbitration may take place over videoconference unless the parties mutually agree to participate in person, in which case the arbitration will take place in the location where you reside. The language to be used in the arbitral proceedings will be English. The laws of Delaware govern these Terms, without regard to conflict of law principles, and the arbitrator will apply Delaware law to the claims in the arbitration. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.

The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the privacy of any hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply. As an individual consumer, the laws where you reside or have a place of establishment may allow you to bring a claim relating to these Terms where you reside under the laws where you reside irrespective of the Delaware law. If you are acting as a business, you agree to submit to the exclusive jurisdiction of Delaware courts.

If you are accessing the Site from India, you and Landmark hereby expressly agree that the provisions of Part I of the (Indian) Arbitration and Conciliation Act, 1996 shall not apply to the arbitral proceedings. Further, in an event of any legal issue arising from your accessing the site from India, the legal jurisdiction for all the parties will be in India.

If you are a customer located in India, questions regarding this Policy or the information practices of our website and Services should be directed to The Office of the Privacy Officer as listed above or to Landmark's registered office in India located at

Landmark Worldwide Breakthrough Technologies Pvt Ltd.
Unit- 2, First Floor, NEPTUNE UPTOWN ,
N.S. ROAD ,
MULUND (W),
MUMBAI - 400080
+91 22 25914501/02

No Class Actions

Regardless of where you reside, you agree that any arbitration or other legal action shall be limited to yourself and Landmark as parties, and any joinder of other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Landmark, including as a plaintiff or class member in any purported class action.

Disclaimer of Warranties

If you, as a User of the Services, are accessing the Services from Australia or New Zealand, please refer to the subheading below: "Disclaimer of Warranties – Australia/New Zealand."

If you, as a User of the Services, are accessing the Services from the UK, please refer to the subheading below: "Disclaimer of Warranties – UK."

As a User of the Services you acknowledge that, to the extent permitted by law, Landmark makes no warranty or representation of any kind as to the availability of the Services or any portion thereof, that the Services or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that Landmark shall have no liability for any unavailability of the Services, Content, or the Materials.

Users accessing of any Content or Materials made available by or through Landmark and third parties is subject to your agreement to this provision and these Terms.

LANDMARK DOES NOT PURPORT TO OFFER ANY MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, RELIGIOUS, OR OTHER PROFESSIONAL ADVICE TO USERS. PLEASE SEEK THE ADVICE OF COUNSELING PROFESSIONALS (PHYSICIANS, THERAPISTS, CLERGY, QUALIFIED BUSINESS ADVISORS, LAWYERS, FINANCIAL ACCOUNTANTS, ETC.), AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT.

THE SERVICES AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY LAW, LANDMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LANDMARK DOES NOT WARRANT THAT THE SERVICES, CONTENT, MATERIALS, OTHER GOODS/SERVICES RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES WILL BE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY LAW, LANDMARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILBLE TO YOU THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT, SUBJECT TO ANY STATUTORY GUARANTEES WHICH CANNOT BE EXCLUDED, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.

Should you have any issues regarding any Landmark goods or services please contact your local office and tell us what the issue is.

Limits on Liability

WHILE WE HAVE TAKEN EVERY CARE IN COMPILING THE SERVICES, YOU ACKNOWLEDGE THAT THE INFORMATION CONTAINED ON THE SERVICES DOES NOT PURPORT TO OFFER ANY MEDICAL, LEGAL, PSYCHOLOGICAL, THERAPEUTIC, RELIGIOUS, OR OTHER PROFESSIONAL ADVICE TO USERS. PLEASE SEEK THE ADVICE OF COUNSELING PROFESSIONALS (PHYSICIANS, THERAPISTS, CLERGY, QUALIFIED BUSINESS ADVISORS, LAWYERS, FINANCIAL ACCOUNTANTS, ETC.), AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT.

THE SERVICES AND ALL CONTENT, MATERIALS, AND SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, LANDMARK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. LANDMARK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. LANDMARK SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, LANDMARK SHALL NOT BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE CONTENT, MATERIALS, SERVICES, OR ITS ASSOCIATED PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LANDMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, CONTENT, MATERIALS, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.

Disclaimer of Warranties - Australia/New Zealand

If you are accessing the Services from Australia, the warranties below will not apply to you and you will instead be subject to the provisions of this paragraph. You may be entitled to warranties under the Australian Consumer Law which cannot be excluded.

If you are accessing the Services from New Zealand, the warranties below may not apply to you. You may be entitled to warranties under the Consumer Guarantees Act 1993 ("CGA"). The Services cannot be used for commercial purposes without written authorization from Landmark and you agree that the provisions of the CGA, where applicable, will only apply to these Terms where the Services are used for personal use.

OUR GOODS MAY COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW OR THE CGA (AS APPLICABLE BASED ON WHETHER YOU ARE LOCATED IN AUSTRALIA OR NEW ZEALAND). YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND FOR COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.

Disclaimer of Warranties - UK

If you are accessing the Services from the UK, in addition to the information under the paragraphs " Disclaimer of Warranties" and "Limits on Liability," the following three paragraphs apply to you

You, as a User of the Services, acknowledge and agree that Landmark has no liability for any errors or omissions in the Services, including in the Content, Materials, and Submissions, whether provided by Landmark or third parties. You further acknowledge and agree that Landmark makes no warranty or representation of any kind as to the availability of the Services or any portion thereof, that the Services or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that Landmark shall have no liability for any unavailability of or inaccuracy in the Services, Content, or the Materials.

Users will bear all risk associated with any Content that you access. Users accessing any Content made available by or through Landmark and third parties is subject to your agreement to this provision and these Terms.

We do not exclude or limit our liability for fraudulent misrepresentation by us or our employees or agents or death or personal injury caused by our negligence or that of our employees and agents.

Application of Disclaimers

Please be aware that some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you.

Indemnities

To the fullest extent permitted by law, by using the Services, you agree to indemnify and defend Landmark and its parents, subsidiaries, affiliates, Directors, Managers, Officers, consultants, employees and agents, and hold them harmless from any and all losses, damages, actions of any kind, injury (including death), claims and expenses, including attorney's fees, arising from your use of the Services, Materials, any user Content, your violation of these Terms, or your violation of any rights of another.

Entire Agreement; Severability; No Unintentional Waiver

These Terms, including the Privacy Policy, constitute the entire agreement between you and Landmark regarding the use of the Services and supersede any prior agreements or understandings between you and Landmark. If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.

No Third-Party Beneficiaries

You acknowledge and agree that these Terms shall in no event be construed as a third-party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.

Assignment

Landmark may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to you.

Consent to Receive Electronic Messages

You consent to receive electronic communications from us, such as text messages, emails, and mobile push notifications. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows

For email, click on the "unsubscribe" link in the email and follow any subsequent directions.
For mobile push notifications, change your permissions in the general settings for your mobile device.

For text messages, message and data rates may apply. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. Message frequency varies. Reply HELP for help or STOP to cancel at any time. Carriers are not liable for delayed or undelivered messages.

Questions, Comments or Notices

If you have questions, comments, or notices about the Services, these Terms, or our Privacy Policy please contact us in writing at the address below:

LANDMARK WORLDWIDE
ATTN: OFFICE OF THE GENERAL COUNSEL
Email: legal@landmarkworldwide.com