Terms of Use and Conditions of Service
These terms and conditions of use and service (the “Terms”) cover your access and other use (collectively, “use”) of the sites, templates, applications, tools, services and features of the website (collectively, the “Website”) of Land Use Labs LLC (LUL). References to “you”, “your,” and similar terms refer to you, as a user of the Website. References to “us”, “we,” “our,” and similar terms refer to LUL.
Please read the Terms carefully before you use the Website.
1. Acceptance of the Terms and the Privacy Policy
1.1. Acceptance of the Terms and Conditions. By using the Website, online at landuselabs.com, or by clicking to accept or agree to the Terms when this option is made available to you, you are agreeing to be bound by these Terms (your agreement with us being, the “Agreement”). This is true even if you are based in a location other than the United States. If you do not want to agree to these Terms, you must not access or use the Website.
1.2. Acceptance of the Privacy Policy. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound by the Privacy Policy, online at www.landuselabs.com/privacy. Even if you are based in a location other than the United States, you also consent to the transfer, processing, and storage of your data in the United States, subject to our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us with any personal information.
1.3. International Use Provision. Our Website is hosted in the United States, and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy. We are committed to protecting your data and our Privacy Policy details how we comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Economic Area and the California Consumer Privacy Act (CCPA) for California residents, where relevant, along with other relevant international and local privacy regulations.
2. Content-Related Terms
2.1. Applicability. These Terms apply to each visitor to and user of the Website (individually “User” and collectively, “Users”).
2.2. Content. From time to time, the content on the Website may include, among other things, information, software, processes, maps, geospatial data, text, illustrations, displays, images, trademarks, designs, icons, photographs, video, and audio, and the design, selection, and arrangement thereof, and other content or materials that appear on the Website (collectively, the “Website Content“), all of which are owned by LUL and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We reserve all rights in the Website Content and the design, compilation, and template of the Website.
2.3. Limitations. Unless you have our express written permission, you may not use, host, store, reproduce, modify, license, create derivative works of, communicate, download, publish, publicly display, or distribute any of the Website Content. If we provide you with express written permission to take such actions with regard to the Website Content: (a) you must display and keep intact all copyright and other proprietary notices; (b) you must credit the “National Zoning Atlas, online at zoningatlas.org,” (c) you must not commercially use (including sell) any of the Website Content; and (d) you must not use the materials in a manner that suggests LUL approval or participation without our written permission.
2.4. Permission to Publish Certain Images. Notwithstanding the preceding subsection, you may without our express written permission create screenshots of the publicly-accessible version of the National Zoning Atlas, online at zoningatlas.org, and publish these screenshots in reports, documents, websites, publicity, or other publicly available materials with a credit to “National Zoning Atlas, online at zoningatlas.org.”
2.5. Other Agreements. Certain webpages, services, and use cases created by or affiliated with LUL - including but not limited to use of our platforms, API access, or receipt of bulk data files - may be governed by additional or separate agreements, which may be executed between you (or your organization) and us. These Terms apply to the extent they do not conflict with the applicable license agreement. In the event of a conflict, the license agreement shall prevail. We also may use third parties for certain services, including, for example, payment processing, and they may have separate terms that apply.
3. Functionality-Related Terms
3.1. Our Management of the Website. We reserve the following rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law) to: (a) change parts or all of the Website and its functionality; (b) suspend or discontinue parts or all of the Website; (c) terminate, suspend, restrict, or disable your access to or use of parts or all of the Website; and (d) remove or modify content in the Website under any circumstances, including but not limited to circumstances involving proven or alleged illegality, offensiveness, or copyright infringement.
3.2. Your Use of the Website. For the avoidance of doubt, to ensure the integrity and security of data contained in the Website and for other reasons, you may not: cause any of the Website Content to be framed or embedded into another website without our written permission; decompile or reverse engineer any of the software or code we use; probe, scan, or test the vulnerability of our system or network; use any software or other means to scrape or otherwise gather data from the Editor for any purpose, including but not limited to using web scraping tools, bots, or other automated processes to access or extract data from the Editor, including data to which you have not been given explicit access; interfere with or disrupt any user, host, or network by, for example, distributing malware or overloading any part of the Website; avoid, bypass, remove, deactive, impair, descramble, or otherwise circumvent any technological or other measure used by LUL. You may create a link from another site that you own or participate in to our homepage, provided that you do not damage our reputation, take advantage of our reputation, or imply that we have endorsed or approved you or any statements you have made in connection with the link or otherwise.
3.3. Disclaimers. To the fullest extent permitted by applicable law, LUL will not make any warranties, either express or implied, about the Website. The Website is provided to you “as is” and “as available.” LUL also disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement. LUL will not make any warranty or representation that the Website will: (a) be timely, accurate, complete, reliable, uninterrupted, or error-free; (b) meet your requirements or expectations, or be suitable for legal, engineering, or land survey purposes; (c) be free from viruses or other harmful components; (d) contain functional or accurate links to third party websites, regulations, or information; or (e) contain content accessible or appropriate outside of the United States. We are under no obligation to pre-screen, validate, or otherwise verify the accuracy or timeliness of content posted on the Website, whether directly contributed by a member of the LUL research team, or of content related to links posted on the Website, and we are not responsible for Website Content and specifically disclaim any liability related thereto.
4. Commercial Terms
4.1. Fee Payments and Taxes. From time to time, you may conduct business on this Website, including submitting payment for our webpages, services, or uses. When you submit any payment through this Website, you warrant that you are authorized to use the payment method you provided; that we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and we are authorized to charge you the fee for the subscription you have selected using the established payment method and the information you provide as of the applicable date of payment. If you fail to pay on a timely basis, you will be liable for any third-party collection expenses, including attorneys’ fees, we incur as a result of your failure to pay on a timely basis. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your purchase. We reserve the right to change pricing at any time. If you have an active subscription, changes to pricing will not apply until your next renewal.
4.2. Promotions. We may offer promotional credits, such as free trials, free credits, or discounts (collectively, a “Promotion”) for paid features on the Website. Promotions are non-transferable, non-refundable, and have no cash value. They are designed for one-time use for specific webpages, services, or uses, and they cannot be combined with other offers. We reserve the right to set eligibility requirements, expiration dates, and terms for Promotions. We are under no obligation to accept an expired or otherwise invalid or valid Promotion, even if you have otherwise satisfied the eligibility requirement.
5. Miscellaneous Terms
5.1. Liability. You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will LUL or our affiliates or our directors, officers, employees, or agents be liable with respect to any claims arising out of or related to the Website or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of, or inability to access or use parts, some or all of the Website, including without limitation interruption of use or cessation or modification of any aspect of the Website; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access, or, unauthorized alteration of, any content, information or data, including without limitation the Website Content; or (e) any of the Website Content or other conduct or content of any user or third party using the Website, including without limitation defamatory, offensive, or unlawful conduct or content. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of LUL for all claims arising out of or related to the Website and this Agreement exceed twenty dollars ($20).
5.2. Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold harmless LUL and its affiliates and its directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, “Losses”) arising out of or related to: (a) your breach of this Agreement; or (b) your violation of any law or regulation or the rights of any third party.
5.3. Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms will be resolved exclusively in the courts of the State of Delaware.
5.4. Dispute Resolution. Before filing a formal claim against LUL, you agree to try to resolve the dispute by first emailing info@landuselabs.com with a description of your issue. All formal disputes must be resolved through arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures in effect at the time of the dispute, with any arbitration hearings to take place at a location to agreed upon in Washington, DC, in English, or, if agreed, by video conference, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action.
5.5. Entire Agreement. This Agreement constitutes the sole and entire agreement between you regarding the subject matter of this Agreement, and it supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty, or representation except those expressly set out in this Agreement.
5.6. Waiver, Severability, and Assignment. Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer, or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, with thirty (30) days of prior written notice.
5.7. Survival. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Content-Related Terms, Disclaimers, Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and Waiver, Severability, and Assignment.
5.8. Modifications. We reserve the right to change these Terms at any time without notice, and we will post the most current version on our site. We will endeavor to notify you if changes may affect your substantive rights, but it is your responsibility to review these Terms periodically for any changes. Your continued use of the Website after any changes to these Terms will constitute your acceptance of such changes. If you disagree with our changes, then you must stop using the Website.
5.9. Contact Us. If you need to contact us, you can always reach us by email at info@landuselabs.com.