Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SITE, MOBILE APPLICATIONS, AND SERVICES OFFERED BY LANDSCAPE HUB, INC. AND ITS AFFILIATES (COLLECTIVELY, “LANDSCAPE HUB”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AT WWW.LANDSCAPEHUB.COM (THE “SITE”), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY LANDSCAPE HUB (COLLECTIVELY, THE “SERVICES”).

By using the Services, in any manner, including, but not limited to, visiting or browsing the Site, you (the “User” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein. This Agreement applies to all users of the Services, including but not limited to users who are vendors, customers, merchants, contributors of content, information and other materials, and/or those who services on the Site. This Agreement does not provide for any third-party beneficiary rights to any party.

1. Landscape Hub is a Marketplace

Landscape Hub acts as a marketplace to allow users, who must comply with Landscape Hub’s policies, to offer, sell, and buy goods. You agree that Landscape Hub solely is a marketplace and, as such, is not responsible or liable for any content, including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links, posted by you, other Users, or outside parties on Landscape Hub.

2. Content

You grant Landscape Hub a license to use any information or content you supply to Landscape Hub and/or post on the Site (“Content”). Moreover, you grant Landscape Hub a nonexclusive, worldwide, perpetual, irrevocable, royalty free, sublicensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in the Content and in any media now known or not currently known with respect to your Content. You agree to allow Landscape Hub to store, translate, or reformat your Content on Landscape Hub and display your content on Landscape Hub in any way Landscape Hub chooses.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Landscape Hub user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Landscape Hub related communications. Landscape Hub has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any user to your email or physical mail list.

By posting Content on Landscape Hub, it is possible for an outside Site or a third-party to repost that Content. You agree to hold Landscape Hub harmless for any dispute concerning this use. If you choose to display your own Landscape Hub hosted image on another Site, the image must provide a link back to its listing page on Landscape Hub.

Landscape Hub considers any unsolicited suggestions, ideas, proposals, or other material submitted to it by Users via the Services (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be nonconfidential and nonproprietary, and Landscape Hub shall not be liable for the disclosure or use of such Material. If, at Landscape Hub’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Landscape Hub will also consider that Material to be nonconfidential and nonproprietary and Landscape Hub will not be liable for use or disclosure of the Material. Any communication by you to Landscape Hub is subject to this Agreement. You hereby grant and agree to grant Landscape Hub, under all of your rights in the Material, a worldwide, nonexclusive, perpetual, irrevocable, royalty free, fully paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever.

3. Information Control

Landscape Hub does not control the Content provided by users that is made available on Landscape Hub. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using Landscape Hub, you agree to accept such risks and that Landscape Hub and Landscape Hub’s officers, directors, agents, subsidiaries, joint ventures and employees are not responsible for any and all acts or omissions of users on Landscape Hub. Please use caution, common sense, and practice safe buying and selling when using Landscape Hub.

Landscape Hub is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Landscape Hub does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Landscape Hub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

4. Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Landscape Hub, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for the limited purposes provided in these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

  1. Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials;
  2. You may store files that are automatically cached by your web browser for display enhancement purposes; and
  3. You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  1. Modify copies of any materials from the Site;
  2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
  3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site may immediately cease and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Landscape Hub. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks

Landscape Hub’s name, Landscape Hub’s logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of Landscape Hub. You must not use such items without the prior written consent of Landscape Hub.

6. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright(s), you may request removal of those materials (or access thereto) from the Services or the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the written notice is accurate; and
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Horwood Marcus & Berk Chartered
Attn: Aaron D. Werner
500 W. Madison Street
Suite 3700
Chicago, Illinois 60661

It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of Users who are repeat infringers.

7. Site Availability

Landscape Hub reserves the right to withdraw or amend the Site, and any function or material provided on the Site, in its sole discretion without notice. Landscape Hub is not liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, Landscape Hub may restrict access to some parts of the Site, or the entire Site, from the Users.

8. Termination of Account

Without limiting our other remedies, Landscape Hub may issue a warning, or temporarily suspend, indefinitely suspend or terminate a User account if (i) the User breaches these Terms of Use or the policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (ii) we are unable to verify or authenticate any information the User provides to us; or (iii) we believe in our sole discretion that the User’s actions or inactions may cause legal liability for the User, our other Users or for Landscape Hub or are contrary to the interests of Landscape Hub or the Site.

9. Privacy; Ownership of Data; Publicity

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you receive information about another User through the Site or by providing Services, you must keep the information confidential and only use it in connection with providing the Services.

Landscape Hub may review any and all communications that you have with other Users on or through the Site, with or without notice to you. You acknowledge and agree that you have no expectation of privacy concerning the sending or receiving of communications by you when you use the Site or otherwise provide Services to Clients.

Landscape Hub is the sole and exclusive owner of all content, data and information that is submitted by Users on or through the Site (the “Data”). Landscape Hub may use, commercialize or reproduce the Data in any format or venue that Landscape Hub deems appropriate, without compensation to any User(s). No User shall reproduce or otherwise use the Data without Landscape Hub’s express written consent, which may be withheld in Landscape Hub’s sole discretion.

10. Geographic Restrictions

This Site is for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Disclaimer of Warranties

YOUR USE OF THE SITE AND INTERACTIONS WITH OTHER USERS THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LANDSCAPE HUB MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LANDSCAPE HUB NOR ANYONE ASSOCIATED WITH LANDSCAPE HUB REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. LANDSCAPE HUB HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation on Liability

IN NO EVENT WILL LANDSCAPE HUB BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification; Set-off

You agree to defend, hold harmless and indemnify Landscape Hub and its directors, officers, shareholders and assigns from and against any and all losses, costs, expenses, damages or other liabilities arising from or in connection with: (i) your actions or inactions through the Site or relating to your Services; or (ii) your use of the Site or Service; (iii) breach of contract or other claims made by Users with which you conducted business through the Site; (iii) your breach of any provision of these Terms of Use; (iv) any liability arising from the tax treatment of payments or any portion thereof received by you in connection with providing Services or otherwise in connection with your use of the Site; (v) any negligent or intentional wrongdoing by you; and/or (vi) your violation of any laws. Landscape Hub shall be entitled to participate in such defense through our own counsel at our own cost and expense.

If Landscape Hub determines that you have breached these Terms of Use, Landscape Hub may set-off any amounts Landscape Hub may reasonably be due from you in connection with such breach from any amounts then-currently in Landscape Hub’s possession related to the provision of your Services, even if such amounts would otherwise have been distributable to you in connection with Section 4(e) above. Upon exercising its set-off rights, Landscape Hub will provide you with notice thereof along with reasonable detail concerning such set-off amounts.

14. Governing Law; Jurisdiction; Waiver of Jury Trial

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and Cook County.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, MATTER OR PROCEEDING REGARDING OR ARISING OUT OF THESE TERMS OF USE.

15. Waiver and Severability

No waiver by Landscape Hub of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Landscape Hub to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16. Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and Landscape Hub with respect to the Site and your provision of the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site or your provision of the Services.

17. Changes to these Terms of Use

Landscape Hub may revise and update these Terms of Use, including our Fees, from time-to-time in our sole discretion. All changes are effective immediately upon Landscape Hub posting such new Terms of Use on its Site (such posting on the Site constituting notice to you), and shall apply to your use of the Site and the provision of your Services thereafter. Your continued use of the Site and your provision of Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time-to-time so you are aware of any changes to these Terms of Use.

18. Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to support@landscapehub.com.