SF Landmark, LLC (referred to as “SF Landmark", "Landmark” “Company,” “us,” “our,” or “we”) provides the www.sflandmark.com site (“Site”) and various related services (“Services”) subject to your compliance with these terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between SF Landmark, LLC and you or your company. In addition, when using particular Services on this Site, users shall be subject to any posted guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in these Terms of Use.

All such guidelines or rules are hereby incorporated by reference into these Terms of Use. By using our Site or Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please discontinue use of the Site immediately. Your remedy for dissatisfaction with this Site, or any Services, content, or other information available on or through this Site, is to stop using the Site and/or those particular Services. Your agreement with us regarding compliance with these Terms of Use becomes effective immediately upon commencement of your use of this Site.

Your Access to the Site

To access this Site or some of the resources it offers and to interact with us, you may be asked to provide certain personal or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete and that you will abide by these Terms of Use. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy www.sflandmark.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Restrictions on Your Use

You are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site in accordance with these Terms of Use. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site and Services, you warrant to us that you will not use the Site or Services for any purpose that is prohibited by these terms, conditions, and notices and will do none of the following:

• Conduct or promote any illegal activities while using the Site or Services;

• Upload, distribute or print anything that may infringe upon the rights or others or that is unlawful;

• Transmit any information that we believe to be, in our sole discretion, abusive, excessively violent, harassing, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;

• Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

• Use the Site or Services to generate unsolicited email advertisements or spam;

• Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services;

Use the Site or Services in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site;

• Impersonate another user or an employee of SF Landmark, LLC, or its partners or providers; or

Co-brand this Site without the express prior written permission of an authorized representative of SF Landmark, LLC. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site.

You agree to cooperate with SF Landmark, LLC in causing any of the prohibited activities set forth in this section to immediately to cease.

Payment of Fees

If you purchase our Services or products, you agree to pay all associated fees. You agree to provide us with accurate and complete billing information as required for us to process the fee, including, for example, valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 5 business days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that we may, at our sole option, suspend our Services, withhold any final products (including signage or other products that you have purchased), and require you to pay the overdue amount immediately by other means acceptable to us. In the event that legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Trademarks

The Company name, SF Landmark, LLC, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company or as otherwise set out in these Terms of Use. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

SF Landmark, LLC and Third-party Proprietary Information

The material, content, and Services accessible from this Site, including, but not limited to any other website owned, operated, licensed, or otherwise controlled by us (the “Content”) is the proprietary information of SF Landmark, LLC or the party that provided or licensed the Content to SF Landmark, LLC, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, decompiled, reverse engineered, disassembled, transferred, distributed, republished, resold, sublicensed, uploaded, posted, used to create derivative works, or transmitted in any way without the prior written consent of SF Landmark, LLC or the Content owner. Neither title nor intellectual property rights are transferred to you by access to this Site. Notwithstanding this provision, users of SF Landmark, LLC Services and the Site are not permitted to use the Content as a component of, or basis for, a database prepared for use by the said user or any third party. Furthermore, all copies of Content, whether in print or electronic form, must incorporate all of SF Landmark, LLC’ or third-party copyright and/or other intellectual property rights notices.

Your Proprietary Information

SF Landmark, LLC agrees that it has no rights to the images, files, data, documents, information, or other material that you submit or upload in the course of using the Site and Services (“Submitted Data”). You, and not SF Landmark, LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Submitted Data. SF Landmark, LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Submitted Data. By using the Services, each user represents and warrants to SF Landmark, LLC that it has the legal right to submit the Submitted Data. You agree to indemnify, defend and hold SF Landmark, LLC harmless from any liability caused by your submission of Submitted Data in violation of a third party’s copyright or other rights of ownership. SF Landmark, LLC reserves the right to withhold, remove and/or discard Submitted Data without notice for any breach, including without limitation, non-payment of fees. In addition, SF Landmark, LLC reserves the right to withhold, remove and/or discard any Submitted Data submitted to SF Landmark, LLC, which, in SF Landmark, LLC’ sole opinion, is in violation of SF Landmark, LLC’ internal policies for publishable material. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY DATA SUBMITTED TO US WILL BE RETAINED FOR ANY PARTICULAR PERIOD OF TIME, AND YOU AGREE TO MAINTAIN ON YOUR SERVERS DUPLICATE COPIES OF ALL SUBMITTED DATA SUBMITTED TO US.

Service Updates

The Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.

Links

This Site may contain links to other sites, which are not maintained by or related to us. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or us. SF Landmark, LLC has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be used and third-party sites accessed at the user’s own risk, and SF Landmark, LLC makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this Site. We provide links as a convenience, and the inclusion of any link to a third-party site does not necessarily imply endorsement by us of that site or any association with its operators.

Advertisements

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Content, user-generated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by us on the Site are subject to change without specific notice to you. In consideration for our granting you access to and use of the Site and Services, you agree that we may place such advertising on the Site or Services.

Messages, Requests, or Other Comments or Content to or for Us

The Site may provide you with the ability to contact us through email addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

Geographic Restrictions

The owner of the Site is based in the state of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. SF Landmark, LLC does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and SF Landmark, LLC does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.

Limitation of Liability

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF FEES PAID OR PAYABLE FOR THE COMPANY’S SERVICES PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

Indemnity

You will indemnify and hold SF Landmark, LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

No Waiver

No delay or failure by SF Landmark, LLC to enforce any of these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use. Neither the receipt of any funds by SF Landmark, LLC nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of SF Landmark, LLC shall have any legal effect.

Severability

If any clause or provision set forth in this Terms of Use statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Governing Law and Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the State of California, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in the County of San Francisco, California. You agree to submit to the personal jurisdiction and venue of the courts of the State of California for any legal proceeding involving the Site, regardless of who initiated the proceeding.

This English-language Terms of Use statement is SF Landmark, LLC’ official agreement with users of this Site. In case of any inconsistency between this English-language Terms of Use statement and its translation into another language, this English-language document shall control.

Arbitration

Any controversy or claim arising out of or relating to this Terms of Use or the provision of the Services shall be finally settled by binding arbitration in accordance with the most current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and SF Landmark, LLC agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or SF Landmark, LLC may seek an interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or SF Landmark, LLC (or its agents, suppliers, and subcontractors) pending the completion of arbitration. YOU AND SF Landmark, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SF Landmark, LLC agree otherwise, the arbitrator may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against SF Landmark, LLC or SF Landmark, LLC’ affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. SF Landmark, LLC may freely assign its rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, SF Landmark, LLC shall be excused from liability for non-delivery or delay in delivery or availability of Services available through our Site arising from any event beyond SF Landmark, LLC’ reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond SF Landmark, LLC’ reasonable control, whether or not similar to those which are enumerated above.

Changes to this Agreement

SF Landmark, LLC reserves the right, in its sole discretion, to modify, alter, or otherwise change this Terms of Use at any time. We will provide notice of such change on this Site. Please review the Terms of Use and/or additional terms periodically for changes. Your continued use of the Site constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Site.

For More Information

If you have any questions regarding our Terms of Use, please contact us by sending an email to support@sflandmark.com.

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