Terms of use

Welcome to LandSearch, operated by LandSearch, LLC. We appreciate your engagement with our websites, mobile applications, other properties, and/or our related services (collectively known as the "Services," or, each individually, a "Service"). By doing so you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

1. Permissible Use

Unless you are a real estate, lending, or service professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate, lending, and service professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a property for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by LandSearch through the Services in making any loan-related decisions. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or email such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.

You agree to notify LandSearch of any known or suspected unauthorized activity relating to your account via support@landsearch.com.

2. Restrictions and Additional Terms

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, or other similar purposes. Further:

a. Acceptable Use

You agree not to use the Services in any way that is unlawful, or harms LandSearch, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. Violating this policy may result in an immediate and permanent restriction to send messages or access the Website. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other service professionals, underlying images of or information about real estate listings, or other data or content available through the Services.

DBA ("Doing Business As") titles are permitted as long as the aliased name is properly registered with a state or local office and/or follows the appropriate state's protocol. We recommend companies using a DBA title to reference the DBA title only as long as it meets the proper legal criteria.

b. Automated Queries

Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services unless you have received express written permission from LandSearch. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law.

c. Fees

LandSearch reserves the right to institute charges for its services and/or adjust its fee structure anytime with no less than 45 days prior notice to subscribers. You agree not to create, post, or otherwise publish on or through the site any content that impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity. Although LandSearch offers bulk discounts that can be applied company-wide, fees for services are to be based upon a per agent and/or individual basis. Providing an inaccurate agent count or agent consolidation is strictly prohibited. If you are past due on any payment to LandSearch in connection with the Services, LandSearch reserves the right to downgrade your account until all outstanding payments have been made. LandSearch reserves the right to terminate at its sole discretion any user at any time who infringes upon these terms or engages in any kind of fraudulent activity in connection with this site.

3. Materials You Provide; Account Use; Privacy; Third Party Website

For materials you post or otherwise provide to LandSearch in connection with the Services (your "Submission"), you grant LandSearch an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media. LandSearch will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. LandSearch may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant LandSearch the rights in this paragraph, that LandSearch's use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. For more information on what's considered complete information, see our listing quality policy and our feed specifications. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services. You may not share your user account(s) with others. You are responsible for all actions taken via your account. LandSearch will treat your use of the Services in accordance with its privacy policy.

You agree that you will not use any software, device, or process to interfere or attempt to interfere with the proper working of LandSearch or take any action that causes an unreasonably excessive load on our infrastructure.

4. The Role of LandSearch

LandSearch is a real estate resource for advertising land for sale and connecting buyers, sellers, and professionals. LandSearch does not act as a real estate agent for you or any other user. LandSearch does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, LandSearch does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Properties may only be purchased, sold, or leased in accordance with the rules of the appropriate jurisdictions.

Properties advertised on LandSearch are the sole responsibility of the owner, broker, agent, auctioneer, or any other entity that has the legal right to post them. All such products, services, and information are provided "as is" and "as available" without warranty of any kind and LandSearch does not guarantee that the data will be error-free or that defects will be corrected. While LandSearch makes every effort to ensure that all information displayed is accurate and comprehensive, we'd recommend buyers to perform due diligence and verify any and all information contained on the website. LandSearch is not responsible for listings that turn out to be inaccurate in any way.

5. Loans

a. The Role of LandSearch; Disclaimer

LandSearch is not a Lender, loan originator, loan processor, or underwriter. LandSearch does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. LandSearch does not take applications for credit or issue pre-approval letters. Your submission of information and any request for quotes or pre-approval is not an application for credit. LandSearch does not endorse, refer, or recommend any Lender or the products of any Lender. Consumers should rely on their own judgment in deciding which available loan product, terms, and Lender best suit their needs and financial means. Nothing contained in the Services is an offer to lend or a commitment for a loan, and LandSearch does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. LandSearch is not an agent of either any consumer or any Lender. LandSearch is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers or pre-approval requests are made by participating Lenders and not LandSearch. LandSearch assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services and any other information available there. Lenders may keep consumer loan request information and any other information provided by LandSearch or received by Lenders in processing a contact, whether or not a consumer is qualified for a loan with a Lender.

b. Participating Lenders

The Lenders participating on the Services are solely responsible for their services to consumers. LandSearch shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers' use of the Services or the services offered by Lenders. LandSearch is not responsible for any errors or delays caused by consumers or any Lenders in the loan process. LandSearch reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from using or participating in any of the Services offered by LandSearch.

c. Privacy

LandSearch may use personally identifying information provided by a consumer to improve the relevance of advertising shown to consumers. Please consult the Privacy policy for more information.

d. Disclosures and Consent

By using this website and Services, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. For specific information regarding applicable disclosures and consent, please see Licensing and Disclosures.

6. Software

The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then LandSearch grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 11, and 12).

7. Linked Materials and Third-Party Materials

The Services include links to third-party products, services and websites, as well as materials provided by third parties. LandSearch does not endorse, and takes no responsibility for such links, products, services, websites, and materials. Once you click on such a link and exit our site, our terms and policies no longer govern. You understand that LandSearch has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and LandSearch takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties. LandSearch may receive data from third-party websites to provide users with a more comprehensive experience. In these cases, the third-party's contract supersedes our Terms of Use and limits the scope of use for the listing data. LandSearch takes explicit action to comply with the terms of the agreement from the third-party and claims no ownership of the data they provide.

8. Claims of Copyright Infringement

LandSearch respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify LandSearch's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
  • Your address, telephone number, and, if available, email address, so that the copyright agent may contact you about your complaint; and
  • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation. Notices of copyright infringement claims should be sent by email to support@landsearch.com. If you give notice of copyright infringement by text email, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.

9. Intellectual Property

The Services are the property of LandSearch, and subject to the intellectual property rights of LandSearch and its licensors. ©2020 LandSearch, LLC. All rights reserved. Map data © Mapbox and © OpenStreetMap. All rights reserved. ZIP+4 data ©2006-2020 United States Postal Service. LandSearch, LandSearch.com, and the Pin Marker Design logo are trademarks and/or registered trademarks of LandSearch in the United States and/or other countries. You may not use any of LandSearch's trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. LandSearch does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.

10. No Warranty

LANDSEARCH PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LANDSEARCH AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LANDSEARCH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

11. Liability Limitation; Exclusive Remedy

IN NO EVENT WILL LANDSEARCH OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST LANDSEARCH OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

12. Changes; Discontinuance

LandSearch reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to LandSearch's properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. LandSearch may alter, suspend, or discontinue the Services at any time to you and/or to others, without notice.

13. Choice of Law; Disputes

These Terms of Use are legally binding under applicable law governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in El Paso County, Colorado for any and all disputes, claims, and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

14. Indemnification

You agree to defend and hold LandSearch, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.

15. Release

You release LandSearch, its affiliates, and their respective directors, officers, employees, and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

16. General

You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules, and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. LandSearch may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. LandSearch's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and LandSearch with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and LandSearch with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 10, 11, 12, 15 through 16.

Latest update: Jun 28, 2020