LANDOPTION ALERTS TERMS OF SERVICE
Effective Date: September 27, 2024
This Terms of Service Agreement (the "Agreement") is entered into by and between Dinger, Inc., doing business as Landoption and the entity or individual agreeing to this Agreement ("Customer"). This Agreement governs Customer's access to and use of the Landoption Alerts service ("Service"), which provides customized notifications regarding available land-use programs.
1. Service Description
1.1 Landoption Alerts:
The Service allows Customers to submit a map pin marking a specific location. Based on this location, Landoption will send alerts via email and/or text messages regarding programs available in that area. Alerts may include information on conservation, agriculture, or other land-use programs.
1.2 No Guarantee of Alerts:
Landoption does not guarantee any minimum number of alerts or the frequency of such alerts. Program availability may vary, and the Service is provided as-is.
1.3 No Warranty on Program Eligibility:
Landoption does not guarantee the quality, accuracy, or eligibility of any program found or alerted. It is the Customer's responsibility to assess the applicability of any program to their land or circumstances.
2. Subscription and Payment
2.1 Subscription:
The Service is offered as an annual subscription, which will automatically renew each year unless canceled by the Customer in accordance with this Agreement.
2.2 Payment Processing:
Payments for the Service are processed via Stripe, a third-party payment processor. Landoption does not store or manage any Customer credit card information. All payment details are handled by Stripe in accordance with their terms of service and privacy policy.
2.3 Renewal and Cancellation:
Customer’s subscription will automatically renew annually, and the applicable fee will be charged to the credit card on file. Customers can cancel their subscription at any time before the renewal date to avoid being charged for the subsequent year.
3. Customer Responsibilities
3.1 Accurate Information:
Customer agrees to provide accurate and complete information, including but not limited to, their map pin location and contact details for email and text notifications.
3.2 Privacy:
All information provided by the Customer is subject to Landoption’s Privacy Policy, which governs the collection, use, and disclosure of Customer information.
4. Use of Services
4.1 Personal Use:
The Service is provided solely for the personal use of the Customer and may not be resold or used for any commercial purpose without Landoption’s written consent.
4.2 Compliance with Laws:
Customer agrees to use the Service in compliance with all applicable laws and regulations.
5. Disclaimer and Limitations of Liability
5.1 No Warranty:
The Service is provided “as is” and “as available.” Landoption makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information provided through the alerts.
5.2 No Guarantee of Program Eligibility:
Landoption does not guarantee that any Customer will qualify for any program mentioned in the alerts. It is the Customer's responsibility to confirm program details and their eligibility with the program provider.
5.3 Limitation of Liability:
In no event will Landoption’s total liability arising out of or related to this Agreement exceed the total fees paid by the Customer for the Service in the preceding 12 months. Landoption will not be liable for any indirect, special, incidental, or consequential damages, including loss of revenue or profits.
6. Term and Termination
6.1 Term:
This Agreement commences on the Effective Date and continues until terminated by either party.
6.2 Termination by Customer:
Customer may terminate their subscription at any time via the Customer's account settings. Termination will be effective at the end of the current subscription period, and no refunds will be provided for partial periods.
6.3 Termination by Landoption:
Landoption reserves the right to terminate this Agreement and the Customer’s access to the Service for any reason, including but not limited to, violation of this Agreement or non-payment.
7. General Provisions
7.1 Governing Law:
This Agreement is governed by the laws of the state of Nebraska, without regard to its conflict of law principles.
7.2 Amendments:
Landoption reserves the right to amend this Agreement at any time. Any material changes will be communicated to the Customer, and continued use of the Service after such changes will constitute acceptance of the revised terms.
7.3 Assignment:
Customer may not assign this Agreement without the prior written consent of Landoption. Landoption may assign this Agreement at any time without notice.
By using the Landoption Alerts service, you agree to these terms. If you have any questions, feel free to contact us at [email protected].