LANDING INC. – TERMS OF SERVICE AND PRIVACY POLICY

Last Updated: March 6, 2020

TERMS AND CONDITIONS

  1. WELCOME AND INTRODUCTION ACCEPTANCE OF TERMS Welcome to Landing / LandingLocals.com. This document is a binding legal agreement between you and Landing, Inc. Please read it carefully before using Landing or landinglocals.com. Throughout this Terms of Use, our company Landing Locals, Inc. is referred to as “Landing Locals”, “landinglocals.com,” “we”, “us” or “our” and you, the user, is referred to as “you” or “your.” These Terms may be referred to as the “Terms.” Throughout these Terms those providing home listings will be referred to as Home Providers and those seeking homes will be referred to as Renters. All Home Providers and Renters must be 18 years of age or older to use Landing Local’s services. If you have any questions or concerns about these Terms, or our Online Services, please contact us at hello@landinglocals.com.
  1. ACCEPTANCE OF TERMS If you do not agree to these Terms and the Landing Local Privacy Policy, you are not authorized to access the landinglocals.com website, fill out our forms, send us information or engage in our services. If you do not agree with these Terms, or do not understand them, please exit the site immediately. Your use of the website will always be governed by these Terms and Privacy Policy posted at the time, whether you have read them or not. Landing Local reserves the right to update and amend these Terms at any time and without prior warning to you. Any changes made to our Terms will be reflected through our website. It is your responsibility to read our Terms regularly. Landing Local will not be responsible to you for any unwanted outcomes that arise due to non-compliance with these Terms. Please be advised that the services offered by Landing Local are not available to users under 18 years of age.
  1. Landing Local’s ROLE (landinglocals.com) is a platform that enables Homeowners and property managers to list their available rental houses and Renters to look at the listings and communicate with each other.

Renters and Homeowners also acknowledge that Landing Locals is not a party to such Rental Agreements. Renters and Home Providers agree not to enter into any agreement that would in any way conflict, contravene, frustrate, or violate any of these Terms. Additionally, with the exception of its payment obligations hereunder once the product requires payment, Landing Locals disclaims all liability arising from or related to, any such agreements. Users acknowledge and agree that Landing Locals is a platform that facilitates connections but not a party to the agreement between Renter and Homeowner. Landing Locals recommends all platform users consult with their private insurance homeowners’ or renters’ insurance policies to understand exactly what is and what is not covered in the event of an occurrence. Landing Locals recommends all Homeowners platform users consult with an accountant to discuss tax implications as all rental income generated is taxable. Landing Locals takes no responsibility for actions or omissions of Homeowners or Renters including but not limited to their compliance with local city, county, state, or federal laws or regulations.

  1. INAPPROPRIATE AND ILLEGAL CONTENT PROHIBITED You agree not to post or make available any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. If you post inappropriate content, we may remove such content from our servers, and we may suspend or revoke your access to the Service, and we reserve the right to investigate and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
  1. YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY Although you may provide information and content to us and other users as part of your use of the Service, you agree to be respectful of others’ intellectual property rights. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for the infringement of third party rights caused by any information that is generated or submitted through your use of the Service. We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or revoke access to the Service for any user who is found to have infringed on the intellectual property rights of third parties, or us, or otherwise is found to have violated any intellectual property laws.
  1. DIGITAL MILLENNIUM COPYRIGHT ACT We value your intellectual property rights. As such, we reserve the right to suspend and/or terminate any user’s account who is found to have infringed on the intellectual property rights of users, Landing Locals, or third parties, or who violated any laws related to intellectual property. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Service, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at: Colin Frolich hello@uselanding.com (530) 213-3093
  1. INDEMNIFICATION As a Renter, you agree to release, defend, indemnify, and hold Landing  Inc. and its affiliates and subsidiaries, and their officers, directors, advisors, employees and agents, harmless from and against any claims, liabilities, damages, including punitive damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (c) your User Content; (d) your (i) interaction with any Home Provider, (ii) arranging of an accommodation, or (iii) creation of a listing; and (e) the use, condition, or renting of an accommodation by you, including but not limited to any property damage, bodily injury, mental anguish, or any other injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a renting or use of an accommodation. As a Home Provider, you agree to release, defend, indemnify, and hold Landing  Inc. and its affiliates and subsidiaries, and their officers, directors, advisors, employees and agents, harmless from and against any claims, liabilities, damages, including punitive damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any Renter, (ii) arranging of an accommodation, or (iii) creation of a listing; and (d) the use, condition or renting of an accommodation by you, including but not limited to any property damage, bodily injury, mental anguish, or any other injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of renting or use of an accommodation.
  1. FAIR HOUSING Landing Locals’s practices comply with the Fair Housing Act to the fullest extent of the law. We serve all people regardless of race, religion, color, national origin, age, sex, sexual orientation, marital status, disability, presence of minor children, receipt of public assistance or gender identity.
  1. DISPUTE RESOLUTION 

In the interest of resolving disputes between you and Landing Inc. in the most expedient and cost-effective manner, you and Landing Locals agree that any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, Landing Locals’ Privacy Notice or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Arbitration pursuant to this Section shall be confidential, and neither you, nor us, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. YOU AND Landing Locals EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. Nothing contained in this Section shall limit our ability to take action related to your access to the Service as provided in these Terms.

  1. GOVERNING LAW, VENUE, & PERSONAL JURISDICTION These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or to a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of Nevada County, CA. Both you and we consent to venue and personal jurisdiction there.
  1. DISCLAIMER OF WARRANTIES; “AS IS” WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE OR PARTICIPATE IN THE PROGRAM. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. J. OUR INTELLECTUAL PROPERTY The software, including all files and images contained in the Service created by Landing Locals, and accompanying data (collectively “Our IP”) are the property of Landing Locals or are used with permission from third parties. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse- engineer, disassemble, or otherwise convert Our IP without our permission. This Section does not apply to any component of Our IP that may be offered under an open source license.
  1. FORCE MAJEURE In no event shall the Landing Locals be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

PRIVACY POLICY

Landing Locals respects the privacy of its online visitors and users of its services. Landing Locals recognizes the importance of protecting information collected from users and has adopted this privacy policy to inform users about how Landing Locals gathers, stores, and uses information derived from their use of Landing Locals online site and services. This policy is current as of its last revision date. However, please note that this policy may be amended from time to time to reflect changes and additions to the privacy policy. Please check back for the most current version before relying on any of the provisions in this privacy policy.

COLLECTION OF INFORMATION By using Landing Locals’s online site and Landing Locals’s services, users agree that Landing Locals may collect personal information (as defined below).

Landing Locals will not share personal information with other parties except as described in this policy. Landing Locals may also collect general information as well as personal information. “General information” is information that describes the demographics and use of the service of users as a group but does not describe or reveal the identity of any particular user. “Personal information” is information about a user that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies any user or enables the recipient to communicate directly with any user.

Landing Locals may share general information with other parties for research purposes. Personal information about each user is not visible by other parties or other users except as described below. Landing Locals may access Personal information at any time. While Landing Locals will keep Personal information of each user confidential, Landing Locals is entitled to share Personal information about a user to selected recipients subject to prior agreement by the user. “Personal information” is information that can be used to uniquely identify a user, such as name, address or date of birth. You may be asked to provide personal information in connection with the use of Landing Locals’s online site and services. While Landing Locals collects personal information on a voluntary basis, Landing Locals’s collection of personal information may be a requirement for access to Landing Locals’s services. Use of Personal information is used internally by Landing Locals to deliver our services.

Landing Locals will not share personally identifying information with third parties for marketing purposes.

Landing Locals may use personally identifying information provided by users to send information about Landing Locals, including news about service updates and events. The users can opt-out at any time from receiving such communications. In some situations, personal information that users input in connection with their use of Landing Locals may be available to other users of Landing Locals. For example, during the creation of a Landing Locals account, Landing Locals collects a user’s email address and username, and first and last name. Some of this information is searchable and available to other users within Landing Locals. Landing Locals has no obligation to keep private personal information that a user makes available to other users. External websites and companies with links to and from Landing Locals’s online sites and products may collect personal information about users. Landing Locals’s privacy policy does not extend to these external websites and companies. Please refer directly to these companies and websites regarding their privacy policies.

Landing Locals may release personal information to comply with court orders or laws that require us to disclose such information. In the event of a reorganization, sale or merger we may transfer personal information to the relevant third party.

STORAGE OF PERSONAL INFORMATION We may collect and store any information contained in communications between yourself and other users on the site, where such communications have taken place via our on-site messaging system. We do not routinely monitor all communications but we may use software to track communications and we reserve the right to monitor them in order to investigate any suspected breach of our terms and conditions, illegal behavior or any other misuse of our service or for any other reasonable reason as determined by us from time to time. Our lawful basis for processing this information is the legitimate interest of the company. Namely, to ensure that the services we offer remain suitable for our customers, to help resolve any customer disputes, to facilitate the identification of fraudulent activity and to assist any other legal investigations.

We may also collect certain information about your visits to our website and how you use it. This may include your IP address, geographical location, browser type, referral source, length of visit, number of page views and similar information. We may use this information for a number of purposes, including website administration, optimizing the use and performance of the website, disclosing to third party contributors or for security purposes. Individual users will not be identifiable from this information.

This information may be collected by a third party website analytics service provider on our behalf and may be collected using cookies. We may also collect other information about your activity on the site that is specific to your user account, such as your search history and your search and account preferences. We use this information to improve your site experience and to send you content and messages that are relevant to you. We may use cookies to collect this information.

In some instances, we may receive some information that you submit to any third party website you access from a link contained in our website. Both we and the owner or operator of that third party website will be the data controller in respect of any such information. You should check the privacy policy of those third party websites to find out how they will use your data.

USE OF YOUR INFORMATION We will only use the personal information we collect from you in accordance with this privacy policy. In addition to the specific uses outlined above, we may use your information for the following purposes: to ensure that content from the website is presented in the most effective manner for you and for the device you’re using. Our lawful basis for processing this information is the legitimate interest of the customer. Namely, to ensure that the services we offer remain suitable for our customers, and to improve customers’ viewing experience of our platform;

to provide you with other marketing communications by mail and/or electronic means (such as email, text) about our products, services, events, special discounts and offers, which you have requested to be sent or which we feel may interest you, where you have not opted out of being contacted for such purposes. You are free to unsubscribe at any time by sending us an email at info@landinglocals.com.

to send you other general (non-marketing) commercial communications, such as information about the website and services provided to you by us at that time.

to provide customer service in relation to your use of the website, to contact you, to deal with inquiries and complaints relating to the use of the website and to notify you about changes to our services.

to develop, improve and personalize our website and associated applications in order to improve your Landing Locals experience. We share data with the organizations, including, but not limited to: HotJar- to improve website user experience Facebook Analytics- to help us understand our users’ usage and behavior across our platforms Google Analytics- to help us better market our products and services ● to provide third parties with statistical information about our users – this information will not be able to be used to identify any individual user.

Disclosure of your information to recipients (or categories of recipients)

Other than as expressly set out in this privacy policy or as otherwise required or permitted by law, we will not share, sell or distribute any of the information you provide to us without your consent.

USERS UNDER THE AGE OF 18 Landing Locals will not knowingly collect personal information from any person aged under 18.

COOKIES AND OTHER INFORMATION ON A USER’S MACHINE Landing Locals’s site and services may employ cookies and other technologies such as web beacons and pixel tags. Cookies are bits of electronic information that can be transferred to a user’s hard drive to customize a person’s use of a product or online site, keep records of a user’s access to an online site or product, or store information needed by the user on a regular basis. Use of cookies is typically associated with websites. For example, when you sign in to Landing Locals, Landing Locals may store your user ID and a combination of your IP address and time of login as a cookie on your hard drive. This cookie allows you to move from page to page without having to sign in again on each page. We may also use third party website analytic tools that employ cookies to collect certain non-personal information concerning use of our websites, such as referring web site addresses, page views and browser types. CORRECTIONS, UPDATES, AND REMOVAL OF PERSONAL INFORMATION If you are concerned about the accuracy of personal information maintained by Landing Locals or wish to review, access, amend or correct it, or would like your personal information removed from Landing Locals’s records or otherwise deactivated, please contact us. We may decline requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or are extremely impractical.

SECURITY AND DATA RETENTION We employ appropriate technological and operational security measures to protect against any unauthorized access to or unlawful processing of any personal information about you that we hold. We will retain your information for a period as defined in our data retention policy or as long as the law requires or permits.

Data transmission over the internet is inherently insecure. Although we employ appropriate technological and organizational security measures to protect your data we cannot guarantee the security of any data sent over the internet.

CALIFORNIA PRIVACY STATEMENT The following provision applies to users in the State of California. We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes, then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your personally identifiable information. We will retain your information for as long as needed to provide you with the Service and may retain your information in anonymized form perpetually for the purpose of improving the Service. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements. As explained in this Policy, we share your personally identifiable information in order to provide and support our services. CONTACTING Landing Locals If you have any questions or complaints about this privacy policy or the privacy practices of Landing Locals, please contact us at hello@landinglocals.com