Land Preserve LLC

Terms & Conditions

LAND PRESERVE TERMS OF USE AGREEMENT, PRIVACY POLICY AND MEMBERSHIP REPRESENTATIVE AGREEMENT

 

 

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Terms of Use”) governs your use of Land Preserve LLC’s (“Land Preserve”) services and membership, including access to Land Preserve property, its website, and all content associated therewith (the "Service"). By becoming a Land Preserve member you agree to be bound by all the terms and conditions herein.

Changes to Terms of Use

Land Preserve reserves the right, from time to time, with or without notice to you, to change these Terms of Use, in its sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the Land Preserve website. The most current version of the Terms of Use will supersede all previous versions.

Membership

Your Land Preserve membership grants you access to certain real estate owned by Land Preserve (the “Land Preserve Real Estate”), upon the Land Preserve Rules and Regulations, and subject to all federal, state and local laws, rules and regulations. 

Billing

By initiating your Land Preserve membership, you are expressly agreeing that Land Preserve is authorized to charge you a monthly membership fee at the then current monthly rate. Please note that prices are subject to change with notice. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against the method of payment you provided to Land Preserve to pay your membership fee (the “Payment Method”). The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Land Preserve membership or became a paying member on May 31st, your next payment date is June 30th and your Payment Method would be billed on that date. Membership fees are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We may change the fees in effect, or add new fees from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website at www.landpreserve.com/member and clicking on the “edit” button or you may submit the edits through the contact form located at www.landpreserve.com/contact. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your Land Preserve membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation

You may cancel your Land Preserve membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website at www.landpreserve.com and click on Member log in, then select the cancel subscription link. You must be logged in to cancel your membership.

Termination

Land Preserve reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

Rules and Regulations

You acknowledge that Land Preserve operates under rules and regulations established for the safety and protection of its members, and agree to be bound by such rules and regulations, as well by the rules and regulations subsequently approved and posted or otherwise published by Land Preserve. Such rules and regulations in effect from time to time are incorporated into these Terms of Use by reference. Land Preserve Real Estate regulations and policies are subject to change from time to time, without prior notice, in the sole discretion of Land Preserve. You agree to accept such reasonable change(s) as a condition of membership.

Referrals

In the event you refer a potential member to Land Preserve, and that potential member purchases a Land Preserve membership (the “Referred Member”), you shall be entitled to receive a Referral Fee. Land Preserve agrees to pay you a referral fee for each Referred Member as follows: fifty percent (50%) of the Referred Member’s initial monthly payment received by Land Preserve and ten percent (10%) of each additional monthly membership payment made by the Referred Member and received by Land Preserve (the “Referral Fee”). Land Preserve shall pay you all earned Referral Fees weekly by direct deposit or e-check. Should your membership be canceled due to non-payment of monthly dues, your voluntary cancellation, or termination by the company, you shall no longer be entitled to any referral fees, including any reoccurring commissions. To be a Land Preserve Member Rep and be paid as a Rep, you must be a member of Land Preserve and be current with your monthly dues.

Nothing contained herein is intended implicitly, or is to be construed, to constitute you as a joint venture with, or a franchisee, partner, agent or employee of Land Preserve.  You shall not have any express or implied right or authority to incur any debt, obligation or liability on behalf of or in the name of Land Preserve or to bind Land Preserve to any contract, agreement or undertaking with any third party.

Governing Law

These Terms of Use shall be governed by the laws of the State of Colorado, without regard to its conflicts of laws principles. You hereby irrevocably submit to the exclusive personal jurisdiction of any federal or state court of competent jurisdiction located in Denver, Colorado, in any action or proceeding relating to the Terms of Use.

Limitation of Liability

THE SERVICE, INCLUDING OUR WEBSITE, AND ALL CONTENT AND ASSOCIATED THEREWITH, OR ANY OTHER FEATURES ASSOCIATED WITH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, OUR WEBSITE AND ALL CONTENT ASSOCIATED THEREWITH, AND THE SAFETY AND CONDITION OF THE LAND PRESERVE REAL ESTATE. LAND PRESERVE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR CONDITION FREE, AND YOU AGREE THAT LAND PRESERVE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING ACCESS TO LAND PRESERVE REAL ESTATE, WITHOUT COMPENSATION OR NOTICE TO YOU. LAND PRESERVE SPECIFICALLY DISCLAIMS LIABILITY FOR YOUR USE OF LAND PRESERVE REAL ESTATE.

Without limiting the foregoing, Land Preserve assumes no liability or responsibility for any of the following: (i) personal injuries or death resulting from a member’s use of the Service; (ii) any interruption in the availability of the Service; and (iii) any losses or damages arising from the use of the Land Preserve Real Estate, or otherwise through the Service itself. Land Preserve does not represent or warrant that the information accessible via its site is accurate, complete or current. We do not make any representations with respect to the content contained on Land Preserve Real Estate or the descriptions thereof.  No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Land Preserve or its affiliated parties.

IN NO EVENT SHALL LAND PRESERVE, OR ITS SUBSIDIARIES OR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, THE LAND PRESERVE REAL ESTATE, OUR WEBSITE AND ALL CONTENT ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE MONTH'S MEMBERSHIP FEES ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby agree to indemnify, defend and hold harmless Land Preserve and its parents and affiliates, and their respective directors, officers, employees, contractors, agents, successors, and assigns, (collectively, the “Land Preserve Parties”) (Land Preserve and each of the Land Preserve Parties an “Indemnified Party”), from and against any and all liability (including, without limitation, attorney fees and costs) incurred by the Indemnified Parties in connection with any actual or alleged claim (“Claim”) arising out of: (i) your use of the Service, including the Land Preserve Real Estate; (ii) any breach or alleged breach by you of these Terms of Use or; (iii) any breach or alleged breach by you of any Land Preserve rule or regulation; or (iv) any actual or alleged violation or non-compliance by you with any applicable law, court order, rule or regulation in any jurisdiction.  

 

LAND PRESERVE PRIVACY POLICY 

Land Preserve takes your privacy very seriously.  This Privacy Policy applies to the Land Preserve website, located at www.landpreserve.com, and governs its data collection, usage, and services. This Privacy Policy discloses how we collect, protect, use, and share information gathered about you on our Web site. 

Automatically-Collected Non-Personal and Aggregated Information

When you visit Land Preserve’s website, we log general data, such as your domain name, the name of the webpage from which you entered our website, the pages you visit on our website, and how much time you spend on each page. We use this information for internal
analysis, as well as to monitor use of and improve our website. We also may use IP addresses to analyze trends, administer the website, and gather information for aggregate use. Land Preserve does not link IP addresses to personally identifiable information.

Purchases and Registration

In order to purchase memberships, items/products and register for events on www.landpreserve.com, you must create an account and provide your name, address and email address.

Member Payments

You need to create an account to make a payment to Land Preserve; you must provide your name, address and e-mail address and any other information deemed necessary by the credit card or bank processing the payment.  For information about the handling of your credit card or bank payment information, please see the section below titled "Security of Your Information.”

Any credit card information to Land Preserve will be used solely for the purposes in which was provided. Land Preserve processes your information on servers located in the United States and will never share payment information with third parties.

We will take appropriate steps to protect your personal information’s security.  We will also protect your personal information in storage. Land Preserve has implemented security policies, rules, and technical measures to protect the personal data that we have under our control from: unauthorized access; improper use or disclosure; unauthorized modification; and unlawful destruction or accidental loss.  All employees who have access, and are associated with, personal data processing must – by law – respect the confidentiality of our visitor's personal data.

All sensitive information (such as your credit card information) that you provide to Land Preserve through our website is transmitted either to us or to our credit card processor using Secure Socket Layer (SSL) encryption.  SSL is a proven coding system that lets your browser automatically
encrypt, or scramble, data before you send it to us.  We do not store credit card information on our site.  You can tell your transmission
is protected by the “https” (“s” for “secure”) denotation on our Web address, as opposed to an unsecure “http” denotation.

Unfortunately, no transmission over the Internet can ever be 100% secure.  While we strive to protect your information to the fullest extent, we cannot ensure or completely guarantee the security of such information.

Cookies

Land Preserve’s website uses "cookies" to personalize your online experience; for example, it allows our site to interactively recognize repeat visitors. A “cookie” is a text file that a webpage server anonymously places on your hard disk. www.landpreserve.com cookies cannot run programs or deliver viruses to your computer. The webpage server assigns cookies only to you, and the server can only read cookies in the domain that assigned the cookie to you. www.landpreserve.com does not match your personally identifiable information with your cookie, and we will not share/sell “non-aggregated” information contained within cookies with any third party.

You may accept or decline cookies. Most browsers automatically accept cookies, but you may modify your browser to decline cookies. If you so choose, you may not be able to fully experience the interactive features of our website.

Your Personal Information

You can use our website without divulging any personally identifiable information, including your email address. We do not collect personally identifiable information about you unless you expressly provide this information to us on a voluntary basis. If you do not want to submit personal information to us via the Web, you may contact us directly by writing or calling the contact provided herein.

Land Preserve does not rent, sell, or share personal information about you with third parties except as required by law. To the extent third parties assist Land Preserve in the services we offer on this site, said third parties have no independent rights to your data and will adhere to this Privacy Policy.

Data Security

Land Preserve has placed commercially reasonable physical, electronic, and managerial procedures in place to prevent unauthorized access to your personal data, maintain data accuracy, and ensure the correct use of information.

External Links

Land Preserve’s website may provide links to external websites for your convenience. We do not monitor these links, and those sites are subject to their own privacy policies/terms and conditions. We are not responsible for these sites’ content, accuracy, or practices, nor do we endorse them in any right.

Your California Privacy Rights

If you are a California resident, you are entitled by law to request an “Information Sharing Disclosure.”  If you provide notice to our address below, we will provide you with a notice of your right to prevent sharing of your personal information, as well as a cost-free means of doing so.  To receive such a notice, submit a written request to the address listed below, specifying that you seek your "California Customer Choice Notice."  Please allow thirty (30) days for a response.

Changes to this Privacy Policy

Land Preserve will occasionally amend this Privacy Policy. We note our most recent Privacy Policy’s effective date at the top of this document. Please periodically review this policy to inform yourself as to how we will protect your information. If we materially change the way we collect, use, and/or share your personal information, we will post notice of the changes in a clear and conspicuous manner on our website.

Children's Guidelines

Land Preserve complies fully with the Children's Online Privacy Protection Act of 1998 (COPPA).

Our site does not knowingly collect identifiable personal information from children under age 13.  If we discover that a person under the age of
13 has provided us with any personally identifiable information, we will delete that information from our systems.  We cannot reply to information requests from children under the age of 13, if so identified.  We encourage parents to supervise children when they browse the Internet.

Disputes

Any disputes regarding this Policy, or disputes arising from your use of this website, shall be governed by Colorado law. You hereby submit to exclusive jurisdiction of Denver County District Court in connection with any suit, action or other proceeding concerning this Policy and/or your use of the website.

 

 

MEMBER REPRESENTATIVE AGREEMENT

This Member Representative Agreement (“Rep Agreement”) applies only to a member that becomes a Land Preserve Member Representative (“Member Rep”), as defined as follows. This Rep Agreement governs your representation of Land Preserve LLC (“Land Preserve”) services and membership, in the process of procuring a potential member to become a member of Land Preserve, and representing that member (the “Referred Member”) during by which time they are a member of Land Preserve. By becoming a Land Preserve Member Rep you agree to be bound by all the terms and conditions herein. To be a Land Preserve Member Rep you must be a member of Land Preserve and be current with your monthly dues.

Referral Fees

In the event you refer a potential member to Land Preserve, and that potential member purchases a Land Preserve membership and becomes a Referred Member, you shall be entitled to receive a Referral Fee. Land Preserve agrees to pay you a referral fee for each Referred Member as follows: fifty percent (50%) of the Referred Member’s initial monthly payment received by Land Preserve and ten percent (10%) of each additional successive monthly membership payment made by the Referred Member and received by Land Preserve (the “Referral Fee”). 

Should the Referred Member cancel their membership or their membership be canceled by the company, and then that same Referred Member becomes a member of Land Preserve again in the future or is reinstated by Land Preserve as a member, you will be paid ten percent (10%) of the initial and each successive monthly membership payment until by which that Referred Member cancels their membership or is terminated.

In the event that a Referred Member that you referred also becomes a Land Preserve Member Rep, and a potential member purchases a Land Preserve membership from that same Member Rep, Land Preserve agrees to pay you a referral fee of twenty five percent (25%) of the initial monthly payment received by Land Preserve and five percent (5%) of each additional successive monthly membership payment made by the Referred Member. Should the Member that you referred cancel their membership or their membership be canceled by the company, you will continue to be entitled to the reoccurring referral fee of five percent (5%) from the Referred Member signed by the Member Rep until or unless that Referred Member cancels their membership.

Land Preserve shall pay the Member Rep all earned Referral Fees weekly by direct deposit or by crediting a debit card via a payment processing firm.

Independent Contractor

You as a Member Rep are an independent contractor of Land Preserve, and you will be responsible for paying your own income taxes. You are not an employee of Land Preserve, and income taxes will not be withheld, nor will you be provided any benefits or compensation other than the Referral Fees due to you. 

Nothing contained herein is intended implicitly, or is to be construed, to constitute you as a joint venture with, or a franchisee, partner, agent or employee of Land Preserve.  You shall not have any express or implied right or authority to incur any debt, obligation or liability on behalf of or in the name of Land Preserve or to bind Land Preserve to any contract, agreement or undertaking with any third party.

Non-Compete and Non-Disclosure

You as a Member Rep have been provided certain trade secrets of Land Preserve, such as methods, techniques, pricing data, referral payment processes, marketing information, logos, mottos, and various other proprietary and/or otherwise special information. You as a Member Rep agree not, at any time during your time as a Member Rep or subsequent to the end of your term as a Member Rep, to disclose or divulge to others any trade secrets, confidential information, or any other proprietary data; nor use or copy any logos, mottos or other proprietary data.  The Member Rep agrees not to compete directly or indirectly with Land Preserve by forming a similar business, nor serve as an officer, owner, partner, director, agent or consultant with any firm or entity engaged in a business similar to or competitive with Land Preserve.

Responsibility to Adhere to Local Laws, Rules, Regulations

It is in the best interest of you as a Member Rep to act responsibly and respectfully. It is your responsibility to know and adhere to local laws and regulations. Land Preserve is not responsible for any tickets, summons or fines you may incur.  Land Preserve can cancel your membership at any time if you do not adhere to local laws, rules and regulations.

Use of Land Preserve Formats, Logos, etc.

As a Member Rep, you must use Land Preserve logos, slogans, mottos, formats and other trade materials and symbols.  You must utilize the formats provided by Land Preserve and the format cannot be altered other than inserting your name, phone number, email address and Member Code into the format (i.e., you will have access to a standard Land Preserve business card and brochure format that you can insert your own personal information into certain fields).

You will need to print out any brochures, business cards, or any other printed materials yourself at your own cost; and incur the cost of tables, banners, vendor fees, or any other materials if you plan to do trade shows, events, etc. You must utilized Land Preserve formats, logos and other standardized materials provided by the company.

Proper Representation

You must not misrepresent Land Preserve in any way (i.e., you cannot lie to make a sale).  You must generally adhere to the Member Rep Agreement specified herein, and generally follow recommended guidelines by the company. 

You must agree and adhere to these Land Preserve Terms of Use Agreement including this Member Representative Agreement prior to representing Land Preserve in any sale transaction.

 

 

 Questions about our Terms of Use, Privacy Policy, or Membership Agreement

If you have any questions about this Privacy Policy, please contact us at the following:

LAND PRESERVE LLC

286 Main Street, PO Box 2322

Elizabeth, CO  80107

303-646-LAND (5263)

questions@landpreserve.com