TERMS OF USE OF LANDSHEALTH.COM ("SITE")
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF
THIS SITE. BY ACCESSING THIS SITE, YOU ARE
INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT
TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY
"CHANGE") BY LANDS
HEALTH AT ANY TIME, IN ITS SOLE DISCRETION.
YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE IS
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF SUCH CHANGE. PLEASE CONSULT THESE
TERMS OF USE REGULARLY.
LandsHealth.com is subject to
the Terms of Use of Lands Health, LLC. For purpose of
these Terms of Use, the term "Lands Health" includes Lands Health, LLC and all of its affiliated and
subsidiary companies, including without limitation
Lands Health, LLC, Issues Management, Inc. and
Lawrence & Schiller, Inc. by association. Lands Health may at
any time revise these Terms of Use by updating the
Site. You are bound by any such revisions and should
therefore periodically visit this page to review the
most current Terms of Use.
Access to This Site
To access this Site or some of the resources it has
to offer, you may be asked to provide certain
registration details or other information. It is a
condition of your use of this Site that all the
information you provide on this Site will be
correct, current, and complete. If Lands Health believes the
information you provide is not correct, current, or
complete, Lands Health has the right to refuse you access to
this Site or any of its resources, and to terminate
or suspend your access at any time.
Restrictions on Use
You may use this Site for purposes expressly
permitted by this Site. You may not use this Site
for any other purpose, including any commercial
purpose, without Lands Health's express prior written consent.
For example, you may not (and may not authorize any
other party to) (i) co brand this Site, or (ii)
frame this Site, or (iii) hyper-link to this Site,
without the express prior written permission of an
authorized representative of Lands Health. For purposes of
these Terms of Use, "co branding" means to display a
name, logo, trademark, or other means of attribution
or identification of any party in such a manner as
is reasonably likely to give a user the impression
that such other party has the right to display,
publish, or distribute this Site or content
accessible within this Site. You agree to cooperate
with Lands Health in causing any unauthorized co-branding,
framing or hyper-linking immediately to cease.
Proprietary Information
The material and content accessible from this Site,
and any other World Wide Web Site owned, operated,
licensed, or controlled by Lands Health (the "Content") is the
proprietary information of Lands Health or the party that
provided the Content to Lands Health, and Lands Health or the party that
provided the Content to Lands Health retains all right, title,
and interest in the Content. Accordingly, the
Content may not be copied, reproduced, distributed,
republished, uploaded, posted, or transmitted in any
way without the prior written consent of Lands Health, which
may be withheld in its sole discretion, except that
you may print out a copy of the Content solely for
your personal use. In doing so, you may not remove
or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or
any other proprietary notice or legend appearing on
any of the Content. Modification or use of the
Content except as expressly provided in these Terms
of Use violates Lands Health's intellectual property rights.
Neither title nor intellectual property rights are
transferred to you by access to this Site.
Hyper-Links
This Site may be hyper-linked to other sites which
are not maintained by, or related to, Lands Health.
Hyper-links to such sites are provided as a service
to users and are not sponsored by or affiliated with
this Site or Lands Health. Lands Health has not reviewed any or all of
such sites and is not responsible for the content of
those sites. Hyper-links are to be accessed at the
user's own risk, and Lands Health makes no representations or
warranties about the content, completeness or
accuracy of these hyper-links or the sites
hyper-linked to this Site. Lands Health is not responsible for
any hyper-linked site's privacy policies or terms of
use, and Lands Health takes no responsibility for such sites.
A hyper-link to a service or site is not an
endorsement of the service of the site, its content,
or its sponsoring organization. Furthermore, Lands Health
shall not be liable for any direct or indirect
system damage or other problems you may incur as a
result of linking to a Web site, including
consequences arising from your accessing third-party
technologies, sites information and/or programs.
What Information is Collected by the Site
In general, you can visit the Site while remaining
anonymous by not providing any personal Information.
In some cases, non-personal Information may be
automatically collected, such as your Internet
browser, computer operating system, domain name of
your Internet service provider, and/or the Web site
from which you linked to our Site.
Personal Information about you (e.g., your name,
address, telephone number, Social Security number,
and/or e-mail address) will not be collected unless
you provide it to us voluntarily. For example, Lands Health
retains e-mail addresses of visitors who respond to
the Site's e-mail forms, online forms, registration
forms, and surveys and contest entries. Lands Health also
retains information about the frequency of Site
visits, length of time of each visit, and aggregate
information on which Site page visitor's access.
If you choose not to
provide personally identifiable information, we may
not be able to respond to a request, or, an error
message may be displayed on your browser.
For more
information, view Lands Health's
Privacy Policy.
Cookies
Lands Health sends all of its Site visitors "cookies," a small
data file sent by the Site to your browser, which
may then be stored on your hard drive. Lands Health's cookie
enables the Site to recognize you if you have a Lands Health
policy or contract, or have utilized certain Site
features. In addition, the cookie may recall
information so that you do not have to resubmit it,
and also automatically updates Site information. If
available, you may program your browser software to
notify you of attempts to send cookies and/or you
may decline to accept or delete them.
Submissions
You hereby grant to Lands Health the royalty-free, perpetual,
irrevocable, worldwide, non exclusive right and
license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
perform, and display all content, remarks,
suggestions, ideas, graphics, or other information
communicated to Lands Health through this Site (together, the
"Submission"), and to incorporate any Submission in
other works in any form, media, or technology now
known or later developed. Lands Health will not be required to
treat any Submission as confidential, and may use
any Submission in its business (including without
limitation, for products or advertising) without
incurring any liability for royalties or any other
consideration of any kind, and will not incur any
liability as a result of any similarities that may
appear in future Lands Health operations. Lands Health will treat any
personal information that you submit through this
Site in accordance with its Privacy Policy.
Disclaimer
You understand that Lands Health cannot and does not guarantee
or warrant that files available for downloading from
the Internet will be free of viruses, worms, Trojan
horses or other code that may manifest contaminating
or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a
means external to this Site for the reconstruction
of any lost data. Lands Health does not assume any
responsibility or risk for your use of the Internet,
nor does Lands Health assume any responsibility for any
products or services or hypertext links to third
parties or for any breach of security associated
with your use of this Site or your transmission of
sensitive information through the Site or any
hyper-linked sites.
The Content is not
necessarily complete and up-to-date and should not
be used to replace any written reports, statements,
or notices provided by Lands Health. Investors, borrowers, and
other persons should use the Content in the same
manner as any other educational medium and should
not rely on the Content to the exclusion of their
own professional judgment. Information obtained by
using this Site is not exhaustive and does not cover
all issues, topics, or facts that may be relevant to
your goals. Account information available on this
Site is not the official record of your account.
Nothing on this Site should be construed as
rendering tax, legal, investment, or accounting
advice. All of the information in this Site, whether
historical in nature or forward-looking, speaks only
as of the date the information is posted on this
Site, and Lands Health does not undertake any obligation to
update such information after it is posted or to
remove such information from this Site if it is not,
or is no longer, accurate or complete.
YOUR USE OF THIS
SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. LANDS HEALTH DISCLAIMS ALL WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. LANDS HEALTH DOES NOT WARRANT THAT THE
FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY,
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES,
DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. LANDS
HEALTH
DOES NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT
IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LANDS
HEALTH MAY
MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND
NOT LANDS HEALTH, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR
ITS CONTENT. LANDS HEALTH MAKES NO WARRANTIES THAT YOUR USE OF
THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation on
Liability
LANDS HEALTH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,
INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE CONTENT ON THE SITE, EVEN IF LANDS HEALTH OR A
REPRESENTATIVE AUTHORIZED BY LANDS HEALTH HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
EVENT WILL THE COLLECTIVE LIABILITY OF LANDS HEALTH AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT
YOU HAVE PAID TO LANDS HEALTH FOR THE APPLICABLE CONTENT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Lands Health, its subsidiaries,
affiliates, licensors, content providers, service
providers, employees, agents, officers, directors,
and contractors (the "Indemnified Parties") harmless
from any breach of these Terms of Use by you,
including any use of Content other than as expressly
authorized in these Terms of Use. You agree that the
Indemnified Parties will have no liability in
connection with any such breach or unauthorized use,
and you agree to indemnify any and all resulting
loss, damages, judgments, awards, costs, expenses,
and attorneys' fees of the Indemnified Parties in
connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and
against any claims brought by third parties arising
out of your use of the information accessed from
this Site.
Trademarks,
Service Marks, and Copyrights
"Lands Health," and Lands Health logo are federally registered
trademarks of Lands Health. Unless otherwise specifically
noted, images, trademarks, service marks, logos, and
icons displayed on the Site are the property of Lands Health
or the party that provided the trademarks, service
marks and logos to Lands Health, and may not be used without
Lands Health's prior written consent. Lands Health and any party that
provided trademarks, service marks, and logos to Lands Health
retain all rights with respect to any of their
respective trademarks, service marks, and logos
appearing in this Site. Any unauthorized use of the
images may violate copyright laws, trademark laws,
privacy and publicity laws, and communications
regulations and statutes.
Information You
Provide
You may not post, send, submit, publish, or
transmit in connection with this Site any material
that:
- you do not have
the right to post, including proprietary
material of any third party;
- advocates
illegal activity or discusses an intent to
commit an illegal act;
- is vulgar,
obscene, pornographic, or indecent;
- does not
pertain directly to this Site;
- threatens or
abuses others, libels, defames, invades privacy,
stalks, is obscene, pornographic, racist,
abusive, harassing, threatening or offensive;
- seeks to
exploit or harm children by exposing them to
inappropriate content, asking for personally
identifiable details or otherwise;
- infringes any
intellectual property or other right of any
entity or person, including violating anyone's
copyrights or trademarks or their rights of
publicity;
- violates any
law or may be considered to violate any law;
- impersonates or
misrepresents your connection to any other
entity or person or otherwise manipulates
headers or identifiers to disguise the origin of
the content;
- advertises any
commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in
any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services)
except as may be specifically authorized on this
Site;
- solicits funds,
advertisers or sponsors;
- includes
programs which contain viruses, worms and/or
Trojan horses or any other computer code, files
or programs designed to interrupt, destroy or
limit the functionality of any computer software
or hardware or telecommunications;
- disrupts the
normal flow of dialogue, causes a screen to
scroll faster than other users are able to type,
or otherwise act in a way which affects the
ability of other people to engage in real time
activities via this Site;
- includes MP3
format files;
- amounts to a
"pyramid" or similar scheme;
- disobeys any
policy or regulations established from time to
time regarding use of this Site or any networks
connected to this Site; or
- contains
hyper-links to other sites that contain content
that falls within the descriptions set forth
above.
Lands Health reserves the
right to monitor use of this Site to determine
compliance with these Terms of Use, as well the
right to remove or refuse any information for any
reason. Notwithstanding these rights, you remain
solely responsible for the content of your
submissions. You acknowledge and agree that neither
Lands Health nor any third party that provides Content to Lands Health
will assume or have any liability for any action or
inaction by Lands Health or such third party with respect to
any submission.
No Representation
as to Suitability.
Lands Health makes no representation as to the financial or
other suitability of any product described on this
Site for any user. In order to evaluate whether a
particular product is suitable for your needs, you
should contact a competent advisor.
Violations of
Rules and Regulations
Lands Health reserves the right to seek any remedy available
at law or in equity for any violation of these Terms
of Use, including the right to block access from a
particular Internet address to this Site.
Security
Passwords used for this Site (if any) are for
individual use only. You will be responsible for the
security of your password. Lands Health will be entitled to
monitor your password and, at its discretion,
require you to change it. If you use a password that
Lands Health considers insecure, Lands Health will be entitled to
require the password to be changed and/or terminate
your account.
You are prohibited
from using any services or facilities provided in
connection with this Site to compromise security or
tamper with system resources and/or accounts. The
use or distribution of tools designed for
compromising security (e.g., password guessing
programs, cracking tools or network probing tools)
is strictly prohibited. If you become involved in
any violation of system security, Lands Health reserves the
right to release your details to system
administrators at other sites in order to assist
them in resolving security incidents. Lands Health reserves
the right to investigate suspected violations of
these Terms of Use.
You agree that Lands Health
shall not be responsible for damages or losses
resulting from any breach of security caused by your
failure to maintain the confidentiality of your
password. If you permit access to your password by
third parties, then you agree to defend, indemnify
and hold Lands Health harmless against any liability, losses,
damages or costs and expenses (including attorneys'
fees) arising out of, or resulting from, such access
and related use of this Site. Lands Health reserves the right
to block access to this Site for any reason. You
also agree to immediately notify Lands Health if you:
- Become aware of
any loss or theft of your password, or
- Become aware of
any unauthorized use of your password.
Finally you
acknowledge and agree that you will not: (i) collect
or store personal data about other users of this
Site, or (ii) upload, e-mail or otherwise transmit
any material that contains viruses or any other
computer code, files or programs that might
interrupt, limit or interfere with the functionality
of any computer software, hardware, database or
file, or communications equipment that is owned,
leased or used by Lands Health.
For your protection,
Lands Health may require the use of encryption technologies
for certain types of communications conducted
through this Site. This Site has adopted industry
standard security measures in place to protect the
loss, misuse and alteration of the information under
our control. While we provide those technologies and
use other reasonable precautions to protect
confidential information and provide suitable
security, we do not guarantee or warrant that
information transmitted through the Internet is
secure, or that such transmissions will be free from
delay, interruption, interception or error. While
there is no such thing as "perfect security" on the
Internet, we will take all reasonable steps to
insure the safety of your personal information.
Lands Health reserves the
right to fully cooperate with any law enforcement
authorities or court order requesting or directing
Lands Health to disclose the identity of anyone posting any
e-mail messages, or publishing or otherwise making
available any materials that are believed to violate
these Terms of Use.
BY ACCEPTING THIS
AGREEMENT YOU WAIVE AND HOLD HARMLESS LANDS HEALTH FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY LANDS
HEALTH DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER LANDS HEALTH OR LAW ENFORCEMENT AUTHORITIES.
E-Mail
Certain portions of this Site may offer you the
ability to e-mail a message to Lands Health. E-mail
functionality, if any, is provided to you to
facilitate communications between you and Lands Health. You
agree, however, that you will not use e-mail to
request, authorize or effect the purchase or sale of
any securities or other product or service, to
change your address or other account information, to
change your User Codes, to transmit personal credit
information (including credit card numbers), to send
fund transfer instructions, or for any other
financial transactions that require formal
authorization in accordance with applicable law or
Lands Health policies and procedures. Any such requests,
orders, or instructions that you send to Lands Health by
e-mail will not be accepted or processed by Lands Health. Lands Health
shall have no liability for any loss or damage that
arises from unaccepted e-mail requests, orders or
instructions. Moreover, Lands Health shall have no liability
for any loss or damage that results from
interception and/or unauthorized use by third
parties of any information you send by e-mail. For
information regarding Lands Health's use of your e-mail
address, please review our Internet Privacy Policy.
Children
This Site does not intend to market any Lands Health products
or services to children. Lands Health does not knowingly
gather or solicit data from children through this
Site for marketing purposes.
Recommended
Browser
For optimal performance, please use either at least
Netscape Communicator 7.0 or Internet Explorer 5.5
when connecting to this Site.
Miscellaneous
These Terms of Use will be governed and interpreted
pursuant to the laws of the state of South Dakota,
United States of America, notwithstanding any
principles of conflicts of law. You specifically
consent to personal jurisdiction in Iowa in
connection with any dispute between you and Lands Health
arising out of these Terms of Use or pertaining to
the subject matter hereof. The parties to these
Terms of Use each agree that the exclusive venue for
any dispute between the parties arising out of these
Terms of Use or pertaining to the subject matter of
these Terms of Use will be in the state and federal
courts in Sioux Falls, South Dakota. If any part of
these Terms of Use is unlawful, void or
unenforceable, that part will be deemed severable
and will not affect the validity and enforceability
of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties
relating to this subject matter. Notwithstanding the
foregoing, any additional terms and conditions on
this Site will govern the items to which they
pertain. Lands Health may revise these Terms of Use at any
time by updating this posting.
