Land Academy et al Customer Agreement
This is a contract. This License Agreement (“Agreement”) accompanies any information, data, reports, and/or software (the “Services”) that you are accessing or that is provided. By accessing the Services, you are agreeing to all the terms and conditions of this agreement, including the product, pricing and billing information in any order confirmation, if applicable (“Order Confirmation”), the terms of which are incorporated into this Agreement by reference.
This Agreement pertains to any and all Services provided to or for or accessed by or heard by or understood by Customer regardless of the delivery method. It applies to all entities regardless of the relationship with Jack and Jill, Land Academy, House Academy, ParcelFact.com, Offers2Owners.com, CountyWise.com, BuWit, Steven Jack Butala, Jill DeWit, or other entities or websites collectively referred to as Land Academy (“Land Academy or Land Academy or Land Academy.com”) grants you (“Customer”) a limited, non-exclusive, non-transferable license to use the Services.
The license is provided you accept the following terms and conditions:
Land Academy has negotiated special pricing with industry resources, vendors and contractors, collectively called (“Services”) on behalf of its Customers.
For the use of these services, Customer agrees to pay a monthly subscription fee.
Land Academy reserves the right to change monthly subscription fee, remove parts of the services included, or make any changes to the membership. Land Academy will give at least 30 days’ notice.
IN ADDITION TO THE MONTHLY SUBSCRIPTION FEE, Customer will pay for the use of the “Services” at the negotiated rate. Some services will be paid directly to the individual entity and/or Land Academy may charge or bill Customer directly.
If at any point, the Customer fails to pay for service to Land Academy, their vendors, or their contractors, the Customer account is considered delinquent. Land Academy reserves the right to revoke access to all parts of Membership, including and Land Academy educational programs with no refund or other consideration.
Specific “Service” rates are disclosed on the web page(s) at the time of purchase.
1.Property.
The Services and all intellectual property rights therein are owned by Land Academy. No ownership rights are granted by this Agreement and, except for the limited license provided, Land Academy reserves all rights in and to the Services and all underlying data compilations and information contained therein, including but not limited to the exclusive intellectual property rights and the right to grant further licenses. Customer acknowledges that the Services are the proprietary property of Land Academy and are a valuable commercial product, the development of which involved an expenditure of substantial time and money by Land Academy
2. Permitted Use.
The Services are solely for use within Customer’s own organization by Customer’s own employees, for Customer’s own internal business purposes.
3. Restrictions on Use.
(a) Both during and after the term of this Agreement, Customer agrees as follows: Customer shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Services in any manner other than as expressly permitted in this Agreement, (ii) permit any parent, subsidiary, other affiliated entity or other third party, including any third party entity involved in a joint marketing arrangement with Customer, to use the Services or any portion thereof, (iii) resell, relicense or redistribute the Services in whole or in part (iv) use the Services to create any derivative products, (v) use the Services to create, enhance or structure any database in any form for resale or distribution, (vi) grant access to the Services, or any portion thereof, to individuals incarcerated in prisons or correctional institutions, (vii) allow access to the Services through any terminal located outside of Customer’s operations, (viii) use the Services outside the United States.
(b) Customer shall (i) comply with the published guidelines of the Direct Marketing Association, other applicable industry guidelines, and all federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions regarding the use, storage and dissemination of data such as the Services, (ii) abide by all prevailing federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions, including but not limited to those governing fair information practices and consumers’ rights to privacy, and any applicable non-solicitation laws and regulations; (iii) limit access to consumer information to those individuals who have a “need to know” in connection with Customer’s business and will obligate those individuals to acknowledge consumers’ rights to privacy and adhere to fair information practices and consumers’ right to privacy; (iv) abide by Land Academy’s privacy policies and Customer’s own privacy policies; and (v) use the Services in a manner that gives due consideration to matters concerning privacy.
(c) Customer understands that the data has not been collected for credit purposes and is not intended to be indicative of any consumer’s credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 1681(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Customer shall not use the Services (i) as a factor in establishing an individual’s eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (v) in any way that would cause the Services to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or (vi) in any other manner that would cause such use of the Services to be construed as a consumer report by any pertinent governmental authority.
(d) Customer shall be solely responsible for maintaining the confidentiality of any usernames and passwords used by its employees and Customer shall not permit usernames or passwords to be shared amongst its employees. Customer shall be responsible for all use and fees associated with accessing the Services with the password, whether or not authorized by Customer. Land Academy may prohibit concurrent sessions with the same username and password.
(e) Customer shall not use the Services for any purpose that (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (ii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
(f) Customer shall not remove, alter or obscure any proprietary notices in the Services and will reproduce all such notices on all copies or portions thereof.
(g) Customer agrees not to provide education of any kind to any unrelated 3rd party from themselves including, but not limited to, starting, operating or being involved in the following in any way; a podcast, live broadcast on the internet, television or film, education products, consulting, guidance or related information providing.
4. Delivery of Data and Format.
Customer acknowledges that the availability of data elements in the Services varies substantially from area-to-area, and circumstances may exist or arise which prevent Land Academy from providing such data or achieving complete representation of all data elements in the Services. Notwithstanding anything to the contrary, Land Academy may limit or discontinue the provision of the Services for geographic locations where: (i) Land Academy is restricted by rules, regulations, laws or governmental entities; (ii) Land Academy has discontinued the collection of data; or (iii) Land Academy is prohibited by third party providers. Land Academy may discontinue production, support, and maintenance of any Services if Land Academy develops an upgraded version or otherwise can no longer provide such Services.
5. Compliance Audits.
Land Academy reserves the right, during normal business hours, on reasonable notice, and at Land Academy’s expense, to audit the Customer to ensure Customer’s compliance with the terms and conditions of this Agreement. Land Academy shall select an auditor in its sole discretion. If such auditor determines there has been a breach in Customer’s compliance with the terms of this Agreement, Land Academy may immediately terminate this Agreement and pursue its other legal remedies. Should Customer not cooperate with Land Academy’s audit request within five (5) days, Customer shall be deemed to have conclusively admitted to a material breach in Customer’s compliance for which Land Academy may immediately terminate this Agreement and pursue its legal remedies.
6. Fees.
In consideration of the rights granted to Customer hereunder, Customer shall pay to Land Academy the fees stated within the Services. By submitting an order to Land Academy, Customer authorizes Land Academy to charge the credit card entered by Customer for the Services at the fees stated within the Services. Fees are exclusive of use, ad valorem, personal property, and other taxes, which are the responsibility of Customer. Land Academy shall charge Customer applicable sales tax, and Customer shall be responsible for filing all other taxes. Land Academy reserves the right to change the fees for the Services at any time. Additional charges may apply for training users at Customer locations. Customer shall provide all Internet connectivity, hardware and software necessary to access the Services.
7. Term and Termination.
The initial term of this Agreement is twelve (12) months commencing on the date Customer enters into this Agreement or as specified on the Order Confirmation, if applicable. Thereafter, the term shall automatically renew for additional successive twelve (12) month terms and at the current monetary rate charged as if Customer signed up in the current month, unless terminated by giving the other party not less than thirty (30) calendar days written notice of termination prior to the expiration of the then-current term. This monetary rate change applies to both membership access fees and any data or record charges incurred.
If either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within five (5) days following such notice.
Upon termination of this Agreement by either party, the following conditions must be met to close the account:
1. Customer, at its own expense, shall return all Services to Land Academy or certify that the Services have been destroyed within ten (10) business days of termination.
2. A verbal confirmation must be provided with all account owners to validate and finalize the account closure.
Any amounts unpaid by Customer shall be immediately due and payable. Failure to return or certify the destruction of the Services to Land Academy will result in:
(i) Customer’s obligation to pay a perpetual license fee for the Services; or
(ii) Customer’s obligation to permit Land Academy’s agent to have access to Customer’s premises for the retrieval of the Services, and Customer shall pay the actual costs as reasonably incurred by Land Academy to retrieve the same.
8. Disclaimer.
THE SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA, SUBJECT TO FREQUENT CHANGE. LAND ACADEMY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER’S OWN RISK. LAND ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER’S USE OF THE SERVICES.
9. Limitation of Liability.
LAND ACADEMY’S TOTAL LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO LAND ACADEMY DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT WILL BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. LAND ACADEMY SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF LAND ACADEMY IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. CUSTOMER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO CUSTOMER ABSENT SUCH LIMITATIONS.
10. Indemnification.
CUSTOMER AGREES TO INDEMNIFY AND HOLD LAND ACADEMY HARMLESS FROM AND AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES BY THE CUSTOMER, OR ATTRIBUTABLE TO CUSTOMER’S BREACH OF THIS AGREEMENT; PROVIDED THAT LAND ACADEMY GIVES CUSTOMER PROMPT WRITTEN NOTICE OF ANY SUCH CLAIM. LAND ACADEMY SHALL CONTROL THE DEFENSE AND ANY SETTLEMENT OF SUCH CLAIM, AND CUSTOMER SHALL COOPERATE WITH LAND ACADEMY IN DEFENDING AGAINST SUCH CLAIM.
11. General.
(a) Unless specified otherwise in a fully executed license agreement with Land Academy, this Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes any prior understanding or agreement, oral or written, relating to the Services.
(b) The interpretation and construction of this Agreement, and all matters relating hereto, shall be governed by the laws of the State of Arizona applicable to agreements executed and to be performed solely within Arizona. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of Arizona, Maricopa County Branch and the Superior and Municipal Courts of the State of Arizona, Maricopa County in any litigation arising out of relating to this Agreement or its subject matter. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(c) The prevailing party shall be awarded its reasonable attorney’s fees and costs in any lawsuit arising out of or related to this Agreement.
(d) No modification, amendment, supplement to or waiver of any provision of this Agreement shall be effective unless in writing and duly signed by an authorized representative of both parties hereto.
(e) Any provision of this Agreement that contemplates performance subsequent to the expiration or earlier termination of this Agreement shall survive such expiration or termination and shall continue in full force and effect until fully satisfied.
(f) Land Academy shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond Land Academy’s reasonable control.
(g) Customer may not assign this Agreement or any rights or obligations hereunder.
(h) Neither party shall use, or permit their respective employees, agents and subcontractors to use the trademarks, service marks, copyrighted material, logos, names, or any other proprietary designations of the other party, or the other party’s affiliates, whether registered or unregistered, without such other party’s prior written consent.
(i) Except with Land Academy’s prior written approval, Customer shall not disclose Land Academy as a data source to any third party, unless required by federal, state or local laws or government regulations and with prior notice to Land Academy.
(j) Customer shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data.
(k) Any notice or other communication required or permitted under this Agreement shall be sufficiently given if delivered in person or sent by one of the following methods: (a) registered U.S. mail, return receipt requested (postage prepaid); (2) certified U.S. mail, return receipt requested (postage prepaid); or (3) commercially recognized overnight service with tracking capabilities. Notices to Land Academy shall be sent to 8390 E Via de Ventura F110-254 Scottsdale, AZ 85258, with a copy to Land Academy’s counsel at the same address marked Attention: Legal Department. Notices to Customer shall be sent to the address entered by Customer in the registration information. Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail or overnight service.
By accessing the information contained within the Services and clicking “I Accept,” Customer agrees to be bound by all terms and conditions contained in this Agreement. By clicking “I Accept,” you assert that you are an authorized agent of Customer with the authority to bind Customer to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained herein, you may not use the Services.
12. Products Physically Delivered.
All orders are subject to product availability. If an item is not in stock at the time you place your order, you will be notified with an expected delivery date.
13. Delivery.
All packages are shipped by Land Academy or other third party supplier. Orders are filled according to the information displayed on the webpage at the time of checkout. Please contact the shipping company directly with any tracking-related questions. An email will be sent to you as order confirmation.
14. Shipping Costs.
Shipping costs are displayed at the time of check out. If a package is sent back for inspection or incorrect address submitted by customer, the customer will pay for costs associated with re-delivery.
15. Damaged Items in Transport.
If there is any damage to the package on delivery, please contact us or the third-party vendor responsible for distribution immediately. Claims of damage in transport must be received within seven business days of when the item was first delivered or the first attempt for delivery. Terms and Conditions are superseded by any third-party terms and conditions in the case of third-party shipping. Land Academy takes no responsibility for items shipped by third-party vendors.
16. Participation/Spectating.
By participating in the content of our education materials and experience, you agree to the following;
EARNINGS Any income or earnings statements are estimates of income potential only, and there is no assurance that your earnings will match the figures we present. Your reliance on the figures we present is at your own risk. Any income or earnings depicted are NOT to be interpreted as common, typical, expected, or normal for the average student. This particular result may be exceptional, and the variables that impact results are so numerous and sometimes uncontrollable, Land Academy makes no guarantees as to your income or earnings of any kind, at any time.
Where specific income figures are used, and attributed to an individual or business, those persons or businesses have earned that amount. But, there is no assurance that your earnings or income will match those figures, or that you will make any money at all. If you rely upon our examples or figures, you do so at your own risk, and you accept all risk associated with your reliance.
Any and all claims or representations as to income earnings made on our web sites, in our materials, or anywhere on the internet or information are not to be considered as average earnings. Testimonials are not representative. There can be no assurances that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results. Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore, we do not guarantee or imply that you will win any incentives or prizes that may be offered, that you will make any income or earnings, that you will do well, or that you will make any money at all. If you rely upon our examples or figures, you do so at your own risk, and you accept all risk associated with your reliance.
Real property businesses and earnings derived therefrom, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our programs, products, services or on our website, should be done only with the knowledge that you could experience significant losses, or make no money at all. Only risk capital should be used. All products and services of our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information. Users of our programs, products, services and website are advised to do their own due diligence when it comes to making business decisions and all information, programs, products and services that have been provided should be independently verified by your own qualified professionals.
Our information, programs, products and services should be carefully considered and evaluated before reaching a business decision, or whether to rely on them. All disclosures and disclaimers made herein, on our web sites or in any materials provided to you apply equally to any offers, prizes or incentives that may be made by our company.
You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company programs, products and/or services.
17. Terms and conditions of use.
The content generated by Land Academy is provided “as is.” By using Land Academy’s content, you agree to indemnify, defend, and hold harmless Land Academy, its owners, employees, and contributors from any damages that may arise, including damages from any third party noted, linked, or represented within content. Land Academy makes no representations or warranties of any kind, express or implied, as to the operation of this entity, nor the information, content, materials, or products included. Land Academy will not be liable for any damages of any kind arising from the use of this content, nor from any third party noted, linked, or represented. We reserve the right to make changes to these terms and conditions at any time.
18. Copyrights.
All written content within Land Academy is fully protected by U.S. and International copyright law and may not be reproduced without express consent from the author(s). All graphic images, logos, and likenesses within Land Academy are the property of Land Academy, with the exception of public-domain images. We are unaware of any graphic images, logos, and likenesses within Land Academy website that are not the property of Land Academy or in the public domain. If you are the copyright holder of a graphic image, logo, or likeness within Land Academy website, please contact us at support@landcademy.com and the image will be removed from the website immediately.
19. Links to Third Party Sites.
The links to third party Web sites on the pages of this web site will let you leave this site. The linked sites are not under our control and we are not responsible for the contents of any linked site. We are providing these links only as a convenience. Including the links on this web site does not express or imply any endorsement of any third party products or services. The site owner and site creator are not responsible for the practices employed by websites linked to or from this website nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of this Web site.
“Addendum A”
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
Revised Settlement agreement dated October 23, 2019 is entered into by and among Customer (referred to herein as the “Customer”) and Land Academy (referred to herein as the “Land Academy”) and collectively referred to herein as the “Parties”.
Circumstances have arisen between the Parties. Parties desire fully and finally to resolve and to settle any and all disputes and differences between them on the terms and conditions set forth in Settlement Agreement.
WHEREAS, Customer wishes to discontinue their subscription to the Offers2Owners, ParcelFact, and/or ANY other subscription service provided, and affiliation with Company (referred to herein as the “Subscription”).
WHEREAS, Company wishes to release Customer from said subscription and dissolve and terminate the agreements, whether actual or implied, (referred to herein as the “Agreements”) on the terms and conditions set forth in this Settlement Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and of the conditions, covenants and agreements set forth below, the amount and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1.Mutual Releases.
(a) Effective upon timely payment as provided in Section 2 below, the Parties, on behalf of themselves, and all persons or entities claiming by, through or under them, and their respective heirs, successors and assigns, hereby fully, completely and finally waive, release, remise, acquit, and forever discharge and covenant not to sue the other Parties, as well as the other Parties’ respective officers, directors, shareholders, trustees, parent companies, sister companies, affiliates, subsidiaries, employers, attorneys, accountants, predecessors, successors, insurers, representatives, vendors, trade names, usernames, social media names or presence and agents with respect to any and all claims, demands, suits, manner of obligation, debt, liability, tort, covenant, contract, or causes of action of any kind whatsoever, at law or in equity, including without limitation, all claims and causes of action arising out of or in any way relating to Agreements. The Parties warrant and represent that they have not assigned or otherwise transferred any claim or cause of action released by this Settlement Agreement.
(b) The Parties acknowledge and agree that these releases are GENERAL RELEASES. The Parties expressly waive and assume the risk of any and all claims for damages which exist as of this date, but which they do not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect his or her or its decision to enter into this Settlement Agreement. The Parties expressly acknowledge that this waiver of claims includes any claims for any alleged fraud, deception, concealment, misrepresentation or any other misconduct of any kind in procuring this Settlement Agreement. The Parties specifically do not, however, waive or release any claim that may arise for breach of this Settle Agreement.
2. Payment. By signing this Settlement Agreement, Customer agrees that the credit or debit card on file with Company will be charged according to the amounts posted below.
3. Subscription. is a 12-month commitment. Below is the Subscription Release Fee for each month of the duration of the subscription:
For $250 Subscription Amount:
Mo Balance Due Release Fee
1 $3,000 $1,500
2 2,750 1,375
3 2,500 1,250
4 2,250 1,125
5 2,000 1,100
6 1,750 875
7 1,500 375
8 1,250 325
9 1,000 250
10 750 200
11 500 125
12 250 75
For $275 Subscription Amount:
Mo Balance Due Release Fee
1 $3,300 $1,650
2 3,025 1,513
3 2,750 1,375
4 2,475 1,238
5 2,200 1,100
6 1,925 963
7 1,650 413
8 1,375 344
9 1,100 275
10 825 207
11 550 138
12 275 75
For $295 Subscription Amount
Mo Balance Due Release Fee
1 $3,540 $1,770
2 3,245 1,623
3 2,950 1,475
4 2,655 1,328
5 2,360 1,180
6 2,065 1,033
7 1,770 443
8 1,475 370
9 1,180 295
10 885 221
11 590 147
12 295 95
For $375 Subscription Amount:
Mo Balance Due Release Fee
1 $4,500 $2,250
2 4,125 2,063
3 3,750 1,875
4 3,375 1,688
5 3,000 1,500
6 2,625 1,313
7 2,250 563
8 1,875 469
9 1,500 375
10 1,125 282
11 750 188
12 375 100
For any prepaid yearly or monthly subscriptions to ParcelFact or NeighborScoop, there are no refunds.
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6. No Admission of Liability. Neither the payment of any sums nor the execution of Settlement Agreement shall be construed as an admission of liability or fault by any Party. Any and all liability is expressly denied by all Parties.
7. Confidentiality. The Parties and their respective counsel represent and agree that, except for matters of public record as of the date of Settlement Agreement, they will keep the terms and contents of Settlement Agreement confidential, and that they will not hereinafter disclose the terms of Settlement Agreement to other persons except as compelled by applicable law or to individuals who have a need to know about Settlement Agreement and its contents, such as Parties’ legal counsel, tax advisors, or other retained professional representatives, all of whom shall be informed and bound by this confidentiality clause. In no event will any party make or cause to be made any comment, written statement, or press release to any member of the media concerning the fact of this settlement or the substance or terms of this settlement.
8. Authority. The Parties represent and warrant that they possess full authority to enter into Settlement Agreement and to lawfully and effectively release the opposing Party as set forth herein, free of any rights of settlement, approval, subrogation, or other condition or impediment. This undertaking includes specifically, without limitation, the representation and warranty that no third party has now acquired or will acquire rights to present or pursue any claims arising from or based upon the claims that have been released herein.
9. Entire Agreement. The Parties represent and agree that no promise, inducement, or agreement other than as expressed herein has been made to them and that Settlement Agreement is fully integrated, supersedes all prior agreements and understandings, including without limitation, any and all agreements between the parties actual or implied and any other agreement between the Parties, and contains the entire agreement between the Parties.
10. Voluntary and Informed Assent. The Parties represent and agree that they each have read and fully understand Settlement Agreement, that they are fully competent to enter into and sign Settlement Agreement, and that they are executing Settlement Agreement voluntarily, free of any duress or coercion.
11. Costs, Expenses and Attorneys’ Fees. Customer will bear all costs, expenses, and attorneys’ fees incurred in connection with the Agreements.
12. Governing Law and Jurisdiction. The laws of the State of Arizona shall apply to and control any interpretation, construction, performance or enforcement of Settlement Agreement. The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to Settlement Agreement shall be the Arizona State District Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.
13. Intentionally Left Blank
14. Construction. Settlement Agreement shall be construed as if the Parties jointly prepared it, and any uncertainty or ambiguity shall not be interpreted against any one Party.
15. Modification. No oral agreement, statement, promise, undertaking, understanding, arrangement, act or omission of any Party, occurring subsequent to the date hereof may be deemed an amendment or modification of Settlement Agreement unless reduced to writing and signed by the Parties hereto or their respective successors or assigns.
16. Severability. The Parties agree that if, for any reason, a provision of Settlement Agreement is held unenforceable by any court of competent jurisdiction, Settlement Agreement shall be automatically conformed to the law, and otherwise Settlement Agreement shall continue in full force and effect.
17. Number. Whenever applicable within Settlement Agreement, the singular shall include the plural and the plural shall include the singular.
18. Headings. The headings of paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of Settlement Agreement.
19. Counterparts. Settlement Agreement may be executed in several counterparts and all counterparts so executed shall constitute one agreement binding on all Parties hereto, notwithstanding that all the Parties are not signatories to the original or the same counterpart. Facsimile signatures shall be accepted the same as an original signature. A photocopy of Settlement Agreement may be used in any action brought to enforce or construe Settlement Agreement.
20. No Waiver. No failure to exercise and no delay in exercising any right, power or remedy under Settlement Agreement shall impair any right, power or remedy which any Party may have, nor shall any such delay be construed to be a waiver of any such rights, powers or remedies or an acquiescence in any breach or default under Settlement Agreement, nor shall any waiver of any breach or default of any Party be deemed a waiver of any default or breach subsequently arising.
Types of Personal Data We Collect.
Customer understand and agrees to the following; Land Academy collects the following Personal Data from all Registered Users who contact Land Academy seeking more information or create an account:
- First name;
- Last name;
- Email address;
- Any other information that you upload or submit to the Website directly or indirectly including credit card information.
In addition, Land Academy collects the following Personal Data from all Users:
- Your geolocation;
- Your IP address;
- Your browser and search engine information;
- Your device information;
- Your visitor history;
- Your usage of the Website, including, without limitation, any links or items clicked or pages viewed and statistics;
- Information stored in cookies, pixel tags, or web beacons;
- Analytical data from Google Analytics and/or Google AdSense; and
Any other additional analytic data that you voluntarily submit to the Website.
Land Academy may collect this Personal Data from you through various channels, including, but not limited to, through your voluntary submission of information to the Website, through requests initiated by you through the Website, through the collection and analysis of information concerning your computer and browsing activities, through the use of cookies, web beacons, pixel tags, Google Analytics, Google AdSense, and through other sources permitted by law.
Cookies & Similar Technologies.
The Website also utilizes Cookies. Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the Cookie. We use Cookies and similar technologies to enable our systems to recognize your browser and to provide certain features. We also use “web beacons” to help deliver Cookies and gather usage and performance data. The Website may also include Cookies, web beacons, and other similar technologies from third-party service providers.
You have a variety of tools available to control the data collected by Cookies, web beacons, and similar technologies. For example, you can use controls in your Internet browser to limit how the websites you visit are able to use Cookies and to withdraw your consent by clearing or blocking Cookies. You can also stop Land Academy from placing Cookies on your device by contacting support@landacademy.com to opt-out or opting out using the Cookie notification opt-out on your initial visit to the Website.
The table below sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies. Please understand that if you block, delete, or opt-out of cookies, you may not be able to take full advantage of our Website.
| Type of Cookie | Description | Managing Settings |
| Required Cookies (Strictly Necessary) | Required – or strictly necessary – cookies enable you to navigate the Website and use its features. | Because required cookies are essential to operate the Website there is no option to opt out of these cookies. |
| Functional Cookies (Non-Strictly Necessary) | Functional – or non-strictly necessary cookies – allow us to remember information you have entered or choices you make, and provide enhanced, more personal features. We use Google Analytics to help us analyze how our Website is used, including the number of visitors, where the website visitors have come from, and the pages they visit. This information is used by us to improve our Website. We use WordPress Core to track user sessions that allow Registered Users to log in and stay logged in. We use Keap to determine whether or not a User is on our email list and which marketing message to display based upon emails received and pages visited on the Website, among other uses. | To manage the use of functional cookies on the Website, please consult your individual browser settings for cookies. Note that opting out may impact the functionality you receive when using our Website. You can also adjust your individual browser settings relating to cookies by visiting these pages: For other browsers not listed, please consult the documentation that your browser manufacturer provides. To learn more about safeguarding your data for websites using Google Analytics, visit here. To opt of our data collection by Google Analytics, you can download and install a Google Analytics opt-out browser add-on here. You can opt out of Keap cookies and communications by selecting the “unsubscribe” button at the bottom of any e-mail correspondences received. |
| Targeting or Advertising Cookies (Non-Strictly Necessary) | We use Google Webmaster Tools and Google Analytics to log when users view specific pages or take specific actions on or getting to the Website. Google Analytics specifically allows us to provide targeted advertising in the future. We may also use Google AdWords as a tool to acquire relevant new clients who are looking for our service and Google AdSense to show our clients other relevant advertising that may assist them while they are using our site. | To learn more about How Google uses cookies targeted in advertising, visit here. To adjust your Google Ad Settings and learn how opt out of particular targeted advertising visit here or the Network Advertising Initiative opt-out page here. |
Lawful Basis for Processing Your Personal Data.
The lawful basis for us processing your Personal Data for the uses described above will typically be because you have provided your consent; it is necessary for our contractual relationship; the processing is required for us to comply with legal obligations; and/or the processing is in our legitimate interest of providing you information about real estate investing and our other services.
How Land Academy Uses Your Personal Data.
We use your Personal Data based on your consent to provide you with the Website, process any requests made by you, communicate with you, identify and fix problems with the Website, communicate with you, and update you regarding changes to the Website and the Land Academy and third-party services offered through the Website.
By using the Website, you further authorize the following specific uses of your Personal Data:
- Enable your use of the Website and its associated services;
- Improve algorithms;
- Measure service usage;
- Develop new features;
- Contact and communicate with you, whether through email, telephone, text message, and/or messages within the Website;
- Customize and/or tailor the Website and your user experience, which may include targeted selection and display of third party advertisements within the Website;
- Aggregate certain information that does not include your personal information and disclose it for analysis, demographic profiling and/or targeted advertising;
- Advertise products and services of Land Academy;
- Transmit and process your information and actions within the Website;
- Provide statistical information, and include you in the same, where applicable;
- Provide you with technical service and support, including updates;
- Provide you with information concerning Land Academy’s benefits or services;
- Store, archive, retrieve, and make copies of your user-generated content;
- Understand your needs and requests;
- Communicate promotions or other offers;
- Process payments;
- Prevent and detect illegal activities or violations of your Terms of Use;
- Combine your personal and personally identifiable information with information from other Land Academy applications and/or services; and
- Facilitate your use of the Website and upgrades/replacements to the Website.
Sharing of Your Personal Data.
Land Academy Shares Your Personal Data with third parties in the following circumstances:
- Where Land Academy has obtained your consent;
- Where sharing or disclosure of your Personal Data is necessary to provide you with the Website, and/or associated services (We may share your personal or personally identifiable information with trusted third parties who assist us in operating the Website, providing the associated services, and conducting our business);
- Where sharing or disclosure of your Personal Data is necessary pursuant to a campaign with Google, Facebook and/or Instagram;
- Where sharing or disclosure of your Personal Data is necessary to share personal or personally identifiable information with Land Academy’ parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners;
- Where Land Academy has been purchased by a third party;
- Where sharing or disclosure of your Personal Data is necessary to respond to requests by government authorities;
- Where your Personal Data is demanded by a court order or subpoena;
- Where sharing or disclosure of your Personal Data is needed to protect the employees, independent contractors, officers, directors, members, users, or owners/shareholders of Land Academy;
- Where sharing or disclosure of your Personal Data is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty; and
- Where Land Academy is otherwise legally obligated to share your personal or personally identifiable information.
Land Academy Shares Your Personal Data With the Following Third-Parties:
- Stripe (privacy policy here)
- Google, including Google Analytics (privacy policy here);
- Helpscout (privacy policy here);
- Keap (privacy policy here);
- Wordfence (privacy policy here);
- Paid Membership Pro (privacy policy here).
No Liability Third-Party Services and Third-Party Links.
The third-party service providers affiliated with Land Academy have their own independent privacy policies governing the use of your Personal Data pursuant to the GDPR and we encourage you to read those privacy policies carefully. You understand that even if Land Academy deletes your Personal Data that it may still be available in a third-party service provider’s database. Land Academy has no responsibility or liability for the Personal Data collection, use, or storage activities of the third-party services providers used by Land Academy to provide you with the services associated with the Website.
Land Academy may outsource or subcontract some of our technical support, tracking and reporting functions, database management functions, and other services to third parties. We may share information from or about you with them so that they can perform their services as long as they comply with this Privacy Policy and the GDPR. You understand and agree that Land Academy will not be held responsible for any third-party communications sent by entities that Land Academy does not own or control. You are encouraged to review any third-party privacy policies before utilizing any such third-party service.
Land Academy may include or offer third-party products or services on the Website and provide third-party links to the same. These third-party websites have separate and independent privacy policies. Land Academy has no responsibility or liability for the content and activities of such third parties or their websites. We encourage you to read carefully the privacy policies of all such third-party websites. We seek to protect the integrity of the Website and therefore welcome any feedback about any such third-party websites.
Personal Data Transfer and Storage.
Your Personal Data is stored and processed on computers and servers in the United States and through your use of the Website, you consent to the processing and storage of your Personal Data and personally identifiable information. You understand that your Personal Data may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction. If you are located outside the United States and choose to provide Personal Data to us, please note that we transfer your Personal Data to the United States and process it here and that we may store portions of your Personal Data in the United States.
Website Users understand and agree that if they provide Land Academy with Personal Data that it is stored indefinitely unless the User contacts Land Academy to have their Personal Data removed from storage.
Personal Data Security.
Land Academy uses standard technology to store and help prevent against the unauthorized disclosure of your Personal Data. Though we undertake commercially reasonable efforts to protect your information, no website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk.
In order to protect your Personal Data, Land Academy uses specific security measures, such as Secure Sockets Layer (SSL) protocol, which encrypts information you input to at least 128-bit strength. This is denoted in most web browsers by a small padlock appearing on the bottom bar of the window and the address of the window changing from http:// to https://, indicating a secure connection.
Purchase or Sale of the Website or Other Assets.
Land Academy may purchase other businesses or sell components of its business, including, but not limited to, the Website. In the event Land Academy purchases another business or sells any component of its business, your Personal Data will continue to be used consistent with the terms of this Privacy Policy.
How To Stop Land Academy from collecting your Personal Data.
You can stop Land Academy from collecting your Personal Data by contacting support@landacademy.com and requesting that Land Academy stop collecting your Personal Data. Additionally, you can adjust your web browser settings to limit or turn off Cookies or other tracking techniques, or you can cease use of the Website. You may contact Land Academy with any requests regarding your Personal Data. Land Academy also honors Do Not Track requests and signals.
Your Obligations.
When using the Website, you are obligated to inform Land Academy of any changes to your Personal Data.
California Residents.
Under California’s “Shine the Light Law,” California residents have the right to receive information that identifies any third-party companies or individuals that Land Academy has shared your Personal Data within the previous calendar year, as well as a description of the categories of Personal Data disclosed to that third party. You may obtain this information once a year and free of charge by contacting Land Academy at the address below.
Children’s Online Privacy Protection Policy.
The Website is not intended for or directed to users under the age of 18, and Land Academy does not knowingly or intentionally collect Personal Data from children under the age of 13 or other minors. Where appropriate, Land Academy takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Website or in response to advertisements. If you are concerned that Personal Data may have been inadvertently provided to or collected by Land Academy, please contact us immediately so appropriate steps may be taken to remove such information from Land Academy’s database.
Contact and Notices.
All questions and concerns regarding this Privacy Policy may be submitted to Land Academy at:
Land Academy
8390 East Vía de Ventura
Scottsdale, AZ 85258
The BuWit Family of Companies: Code of Conduct for All
(Members, Investors, Internal Team, Vendors, Customers).
Based on the philosophy of “we are better together,” The BuWit Family of Companies strives to provide the best education, tools, and resources to aid investors’ efforts worldwide.
We choose to associate with individuals and partners who share our culture, values, and mindset. That includes ethical decisions using integrity, honesty, and forward-paying intentions.
At the BuWit Family of Companies we believe there is enough to go around and we are better together.
Respect and straightforward communication are at the center of our way of doing business. We strive for transparency and trust and expect our associates to perform accordingly.
The BuWit Family of Companies has created a unique and proven model for buying and selling undervalued property. By accepting our Code of Conduct and Terms and Conditions, you are agreeing you will not create an education program, podcast, eBook, online/print publication, or online community.
To avoid conflicts of interest, we reserve the right to immediately discontinue business and contact with individuals / entities for any reason, especially those who do not act in similar fashion, without refund, and may pursue legal action as is deemed appropriate.
Committed to our purpose, we meticulously select service providers and hire team members who uphold The BuWit Family of Companies standards. We expect and ask you to accept and implement the same spirit.
