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Terms of Use

Death Valley Landscapes, LLC (#NV20181449010)
DeathValleyLandscapes.com
Terms of Use for this Website, and its Business Content
Last Updated: August 27, 2024

Unless other terms and conditions or agreements with Death Valley Landscapes, LLC (henceforward, the “business,” the “LLC,” etc) are expressly made, these Terms of Use govern your use of this website and its business content. It is acknowledged that these Terms of Use are subject to and incorporate the terms of any other legal notices that appear on this website or through communications with the business, including the Privacy Policy; and / or that appear as the result of communications between representatives of the LLC and interested parties.

Unless otherwise provided in a written agreement with the business, your use of this website and its business content constitutes your agreement to these Terms of Use. If you do not agree with these Terms of Use, please exit the website and refrain from conducting business with the LLC. Death Valley Landscapes reserves the right to change, modify, add or remove portions of these Terms of Use at any time. If we make any material changes to these Terms of Use that impact your rights, we will notify, by email, those individuals who have entered into communications and / or business agreements with the LLC, prior to the effective date of such changes with an opportunity for you to review the same, unless otherwise required by applicable law. All non-material amended terms automatically will take effect when they are posted here. Please check this page periodically for any modifications.

THESE TERMS OF USE CONTAIN LIMITATION OF LIABILITY, AND GOVERNING LAW & VENUE PROVISIONS. THESE PROVISIONS AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH DEATH VALLEY LANDSCAPES, LLC. PLEASE READ THEM.

Our information collection and use policies with respect to the privacy of personal information provided by you when communicating with the business are set forth in our Privacy Notice. You acknowledge and agree that between you and Death Valley Landscapes, you are solely responsible for the accuracy and content of your personal information, and agree to keep it up to date if relevant.

Ownership: All content on this website is the property of Death Valley Landscapes, LLC, and is protected by national and international copyright, patent, and trademark laws.

Advertising: Advertisements, promotions, and marketing messages may appear on the website from time to time.

Use of Content: You may display, reproduce, print, or download content, including photographic images, from this website only for your personal, non-commercial use. You may not publish, distribute, retransmit, sell or provide access to the content on this website, except as permitted under applicable law or as described in these Terms of Use. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools concerning this website and its business content, such as artificial intelligence (“AI”) for purposes of developing or training AI or conducting computer analysis, except with our express written consent. You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through this website, insert any code or product or manipulate the content existing therein, in any way that affects the user’s experience. If you want to reproduce or use content for any purpose or in any manner other than as described above, including for purposes of developing or training AI or to conduct computer analysis, you will need permission from Death Valley Landscapes.

User-Generated Content (henceforward, “UGC”): This section applies to the extent we have enabled posting of user-submitted comments, audio, video, text or other materials created in the context of this website and the business, or otherwise allow you to send information or materials—i.e., UGC—through communications with the LLC, that are relevant to the LLC’s mission (see MISSION STATEMENT).

You are responsible for your own UGC and are responsible for the consequences of sending it to Death Valley Landscapes. You must not do the following things: send or post UGC that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it (excepting under those instances pertaining to the non-legal “fair-use rule”); send or post UGC that reveals trade secrets, unless you own them or have the permission of the owner; send or post UGC that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others or is otherwise unlawful; send or post UGC that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity; send or post a sexually-explicit image; send or post advertisements or solicitations of business; send or post chain letters or the like; or impersonate another person.

By sending or posting UGC, you warrant and represent that you own or otherwise control all the rights to the content (excepting under those instances pertaining to the non-legal “fair-use rule,” where use includes proper attribution to the owner[s] of the intellectual property); and use of your UGC by the business will not infringe or violate the rights of any third-party. By sending UGC, you automatically grant to the LLC a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display it alone or as part of other works in any form, media, or technology, whether now known or hereafter developed. You retain the right to reuse your UGC as submitted to Death Valley Landscapes.

You may not use this website and its business content to sell, trade, or for other commercial purposes. You may not send UGC through communications existing from this website that violates the rights of any third-party or contains a virus or other harmful component. Nor may you use language or engage in any activity that is threatening, abusive, vulgar, discourteous, disruptive, or unlawful.

Please be aware that once you post UGC, there is the potential for the general public to read your words and/or have access to other kinds of UGC, even years from now. Death Valley Landscapes suggests that you exercise caution when posting UGC through this website and the business, and that you not disclose certain kinds of personal identifiable information.

The opinions and/or views expressed in UGC represent the thoughts of individuals, and not those necessarily of the business or any of its respective directors, representatives, officers, attorneys, or employees. Accordingly, notwithstanding anything else in these Terms of Use, Death Valley Landscapes should not be seen as endorsing any UGC in any way. The business, and any of its respective directors, officers, attorneys, or employees, shall not be liable for any UGC posted or sent to the LLC via communications originating from this website, or elsewhere.

Death Valley Landscapes does not have any obligation to monitor, edit, or delete UGC, but may do so in its sole discretion. UGC including, but not limited to, the following may be deleted or edited by the LLC:

  • Abusive or hurtful UGC about a commentor or another participant;
  • Off-topic and redundant UGC (this includes promotion of events, groups, pages, websites, organizations, and programs not related to or affiliated with the business);
  • UGC that uses foul or hateful language;
  • Personal attacks or defamatory statements or comments;
  • UGC that violate the privacy of our users;
  • UGC that is obscene, threatening, harassing, deceptive, or fraudulent;
  • UGC directed at children under the age of 13;
  • UGC that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party or individual; and
  • UGC that violates applicable laws or regulations.

By submitting UGC, you understand and acknowledge that this information is available to the public, and that we may use this information for internal and external promotional purposes. Please note that other visitors to the website and its business content may use your posted UGC beyond the control of Death Valley Landscapes. Except as expressly permitted by these Terms of Use, no other rights or licenses are granted to or implied for the use of UGC by visitors to the website, including any right to use UGC for purposes of training a machine learning or AI model, without the express permission of rightsholders in the applicable UGC. If you do not wish to have the UGC you have made available via communications originating from this website or otherwise, used, published, copied, and/or reprinted as permitted herein, please do not post UGC to the LLC.

Limitation of Liability: IN NO EVENT SHALL DEATH VALLEY LANDSCAPES, ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS AND LICENSORS, OR CONTENT PROVIDERS BE LIABLE: i) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR NONPERFORMANCE OF THE LLC WEBSITE AND ITS BUSINESS CONTENT, EVEN IF THE BUSINESS WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE; AND ii) FOR ANY DAMAGES, LOSSES AND/OR CAUSES OF ACTION EXCEEDING ONE THOUSAND US DOLLARS (US $1,000) IN THE AGGREGATE.

Indemnification: To the fullest extent permitted by law, you agree to indemnify and hold Death Valley Landscapes, its directors, officers, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of i) the information or material you submit as UGC, including, but not limited to, liability for violations of copyrights, trademark rights, trade secret rights, or any other intellectual property rights, or the privacy or publicity rights of others, or liability for information or material you provide that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, or is fraudulent or deceptive, ii) your use or unauthorized copying of materials from this website and its business content, or any of others’ content submitted as UGC, or iii) your violation of these Terms of Use or any applicable laws or regulations.

Governing Law & Venue: You agree that all matters relating to your access to or use of this website and its business content and these Terms of Use, including all claims or disputes, will be governed by the laws of the United States and the State of Nevada, without giving effect to any principles of conflicts of laws, including the United Nations Convention on Contracts for the International Sale of Goods. By accessing or using the LLC’s website and its business content, including but not limited to, purchases, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. Any claim or dispute relating to your access to business materials and/or sales of its business content or asserted under or relating to these Terms of Use, shall be brought in the appropriate state or federal court located in Nye County, Nevada (or possibly Clark County, Nevada, secondarily), and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Nye County, Nevada (or possibly Clark County, Nevada, secondarily), for the adjudication of any such claim or dispute.

Claims or Disputes Must be Filed Within One Year: To the extent permitted by law, any claim or dispute arising out of, or related to, the use of this website or its business content, or these Terms of Use, must be filed within one year after such claim or dispute arose. The one-year period begins when the notice of such claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it shall be permanently barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

Not Advice. Information contained in the LLC’s website is not intended to be medical, legal, tax, financial, or other advice and should not be considered medical, legal, tax, financial or other advice, nor is it intended to replace consultation with a qualified physician, attorney, or other professional.

Severability. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Survival. The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.

Waiver. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and your or our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms of Use constitute the entire agreement between Death Valley Landscapes, LLC, and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic).

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