TERRAKAN, LLC WEBSITE TERMS & CONDITIONS

Your use of this website constitutes your agreement to accept, abide by and be bound by these terms of use.

By using Terrakan (including terrakan.Com) you agree to the following terms of service ("Terms of service") with Terrakan, Inc. D/b/a Terrakan ("Terrakan "), and the private policy. These terms of service apply to all users of Terrakan services (as defined below). Terrakan services include all aspects of Terrakan, including but not limited to the website, and all products, software and services offered via the Terrakan website (including the embeddable voice player and other applications), telephone, or other medium through which services are offered to or accessed by users (together, the " Terrakan service").Terrakan reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these terms of service at any time, including without limitation access policies, the availability of any feature of the Terrakan service, hours of availability, content, data, software or equipment needed to access Terrakan services, effective with or without prior notice. Although we may attempt to notify you when material changes are made to these terms of service, you should periodically review the most up-to-date version athttps://www.Terrakan.Com/terms. If you cannot comply with changes to these terms of service, or such changes are unacceptable to you, you must terminate, and immediately stop using the Terrakan service. Your continued use of any aspect of the Terrakan service following any revision to this terms of service constitutes your complete and irrevocable acceptance of any and all such changes.

You agree, as a condition of your use of the Terrakan Service, to provide Terrakan with accurate and complete information when registering for or using the Terrakan Service, and to update and maintain such information. The Terrakan Service is available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under these Terms of Service. By agreeing to these Terms of Service during user registration, you represent that you are at least eighteen (18) years of age and are either accepting the Terms of Service on behalf of yourself or on behalf of your child. You may not transfer, sell, or share your account with anyone, unless you are a parent or guardian, in which case you may permit one child to use your account instead of yourself. You are liable for all activities conducted through your account. The Children's Online Privacy Protection Act, 15 U.S.C § 6501 et seq. imposes rules regarding the collection of personal information from children. The Terrakan Service is not directed at children under the age of thirteen (13). If you are under the age of thirteen (13) you may not create an account and must not provide any personal information to Terrakan. Terrakan has the right, in its sole and absolute discretion and without providing notice to you, to suspend, restrict or terminate your use of the Terrakan Service and/or your account, and to refuse any future use of all or any portion or portions of the Terrakan Service at any time for any reason. Any advance payment you may have been made may not be refunded if you violate these Terms of Service.

When you sign up, you will establish an email address as the user ID and a password of your choice. You are responsible for protecting the confidentiality of your user ID and password, and you shall accept responsibility for all activities that occur under your user ID. You agree to: (1) exit from your account when you conclude each session, and (2) immediately notify Terrakan of any loss, compromise or unauthorized use of your user ID and password or any other breach of security. You may notify Terrakan by sending an e-mail to support@Terrakan.com.

By agreeing to Terrakan’s Enterprise Service You agree to Terrakan’s Terms of Use and Private Policy. You will be required to contact Terrakan with all required contact details and any other follow up information to be eligible forany Enterprise pricing plans. Contacting Terrakan for Enterprise pricing does not guarantee approval for purchase. Only Terrakan will have the authority to distribute Enterprise subscriptions and has the sole discretion to approve or deny any requests. You agree to uphold any and all agreed upon subscription plans until the termination or cancellation of the account. Payments of all fees and subscriptions must be paid on time, which is mentioned previously in the “Subscription Fees, Sales Tax and Payments” section of Terrakan’s Terms of Use. The usage of Terrakan’s Enterprise feature is subjugated to the “Permitted Uses” and Prohibited Uses”, as well as, applies to the entire Terms of Use agreement.

By using, navigating, or exploring any Terrakan’s consumer pages, you agreeto Terrakan’s Private Policy and Terms of Use. All information collected from the consumer page will be solely used to improve the overall services provided by Terrakan, as previously mentioned on the “Use Of Your Personal Data” section on the Private Policy. All data provided on any consumer page is responsibly aggregated from public data sources. You as the user are responsible for all future decisions made while using the figures and data provided by Terrakan. Terrakan will not be held responsible or liable for any losses or damages incurred as a result of utilizing Terrakan’s consumer page.

Terrakan’s 30-day free trial, entitles you access to Terrakan’s professional features and services for a period of thirty (30) days from the moment that you activate the trial period by submitting your payment details. By submitting your payment details and proceed with the 30-Days Free Trial Offer, you (I) consent to us using your payment details in accordance with our Privacy Policy, (II) acknowledge and agree to the Terrakan’s Terms of Use, and the Free Trial Policy. If you decide that you do not want to become a paying user of Terrakan upon the lapse of the Free Trial Period, you have toterminate your Professional Subscription by the end of the Free Trial Period. You may only use this Free Trial Offer once. Terrakan reserves the right, in its discretion, to withdraw or to modify Terrakan’s free trial at any time without prior notice and with no liability.

Terrakan may make your personally identifiable information available to its employees and third parties with whom it contracts in respect of the Terrakan Service. In addition, Terrakan may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about its users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that Terrakan may make such uses of information you provide or Terrakan collects. Terrakan is committed to protecting your privacy, but does not guarantee your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that Terrakan may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (1) comply with any legal process; (2) respond to claims of a violation of the rights of third parties; or (3) protect the rights, property, or safety of Terrakan, its users or the public. Terrakan does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein. As Terrakan continues to develop its business, it might sell its company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. In the event that Terrakan, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets. For more information regarding our privacy practices, please see the Privacy Policy.

The Terrakan Service may provide you with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the Terrakan Service. Terrakan provides these links for your convenience only. Terrakan does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. Terrakan is not directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use or reliance on any content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and is at your own risk. You agree that Terrakan is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them. Linking to Terrakan’s web site is strictly prohibited without written consent from Terrakan.

Under no circumstances shall Terrakan or its licensors or affiliates, or any of their employees, directors, officers or agents (collectively referred to as. Terrakan. For the purposes of this limitation of liability and the indemnification hereunder) be liable to any user on account of that user's use or misuse of or reliance on the Terrakan service. Arising from any claim relating to this agreement or the subject matter hereof, such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Terrakan has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Terrakan service, from inability to use the Terrakan service, or from the interruption, suspension, or termination of the Terrakan service (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Terrakan service or received through any links provided in the Terrakan service, as well as by reason of any information or advice received through or advertised on the Terrakan service or received through any links provided in the Terrakan service. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the Terrakan service or any information or merchandise that appears on, or is linked or related in any way to, the Terrakan service. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. If any part of this limitation of liability is determined to be unenforceable or invalid for any reason, the aggregate liability of Terrakan under such circumstances for liabilities that otherwise would have been limited shall not exceed the dollar amount which you paid to Terrakan for use of the Terrakan service. Without limiting the foregoing, under no circumstances shall Terrakan be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Terrakan was developed strictly for informational purposes. All calculations are estimates and provided for informational purposes only. Actual amounts may vary. You understand and agree that you are fully responsible for your use of the information provided on Terrakan. Investment in real estate market is subject to market risk, past performance is not a guarantee of future performance. We make no representations, warranties, or guarantees. Terrakan disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on Terrakan. Please ensure that you understand fully the risks involved and do invest money according to your risk bearing capacity. Hence, Terrakan is not liable for any losses in any case. All our services are nonrefundable. Terrakan Feasibility Analysis is based on public property records, and we do not guarantee its accuracy. All calculations are estimates and provided for informational purposes only. Actual amounts may vary. Also, we are not responsible for the data. Please contact Terrakan specialists with your inquiry. The contents of the Results herein are believed to be accurate, but are not guaranteed. The Results are indicative of the current land conditions and are intended for reference only. They should not be relied upon for development purposes, and their use does not guarantee governmental approval or permitting for any project. Furthermore, although the results are site specific, they are based on general assumptions, such as development distances, heights and areas. They do not take into account variations such as, but not limited to easements, topography, or existing built elements. You must consult a land-use and development professional to verify all information given herein and conduct any and all necessary due diligence prior to the purchase or designation of any property for development purposes. Terrakan is not liable for any losses in any case.

TerrakanFeasibility Analysis Reports are designed for single and multi-family properties. All purchased feasibility analysis reports will be saved automatically to your account. These reportsare not refundable, nor transferable between accounts.

You agree to indemnify, defend and hold harmless Terrakan from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from or arising out of any content you transmit through the Terrakan service, your use of the Terrakan service, your violation of the terms of service or user agreement or any harm you may cause to anyone in connection with same. You agree that Terrakan reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

You acknowledge and agree that the Terrakan Service and any necessary software used in connection with the Terrakan Service is the property of Terrakan and contains proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Terrakan Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Terrakan Service, except as set forth herein. Terrakan, the Terrakan logo and other Terrakan logos, product and service names may be trademarks, service marks or other intellectual property of Terrakan (the "Terrakan Marks"). You agree not to display or use the Terrakan Marks in any manner without the prior, express written permission of Terrakan.

The laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your account. You expressly agree that exclusive jurisdiction for any claim or dispute with Terrakan, arising out of or relating in any way to your account or your use of the Terrakan Service resides in the federal and state courts within the jurisdiction of the United States District Court for the Central District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Terrakan or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be invalid or unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service, the User Agreement and any document referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service, User Agreement or other document referenced herein will be effective only if in writing and signed by Terrakan.

Use of this website, any website owned and operated by Terrakan, LLC, and any use of Terrakan, LLC’s products is subject to all terms of use provisions herein and the license agreement between an authorized user and Terrakan, LLC. Permitted uses by an authorized user of Terrakan, LLC’s products in the ordinary course of their business include: (1) internal research purposes, as long as such research does not violate any other provision herein, specifically those pertaining to development of a similar or competing product or service. (2) providing information regarding a limited number of specific properties and market trends to your clients and or prospective clients in a manner that conforms to the professional capacity of your business type as noted in your license agreement. (3) gathering property specific data for the purpose of marketing that specific property for sale or lease. (4) researching and analyzing data to assist with property valuation, appraisal or real estate consulting regarding a specific property; and (5) creating periodic general market research reports for in-house use, or to market your services to existing and or prospective clients, as long as such reports do not specifically identify any individual property and that such reports are not commercially or generally distributed, and that such reports are not construed by Terrakan, LLC as a threat to the proprietary value of our product, which is to be decided solely at our discretion. If you have any concerns or questions related directly to a report you created and intend to distribute, we encourage you email a copy of the report to info@terrakan.Com with “terms of use review” in the email subject line. We will respond with our findings or with any questions we may have to arrive at a conclusion as to the report conforming or not conforming to our terms of use. Subject to the terms of use and provisions in your license agreement, as an authorized user, you may print information or copy information into word processing software, spreadsheet and presentation programs (or other software programs with the express written consent of Terrakan, LLC), as long as the level of information being printed or copied is reasonably in relation to your purposes, not what is considered a substantial amount of data, and used in manner compliant with all terms of use and license agreement provisions, including those directly related to copying information.

You shall not: 1.) Distribute, disclose, copy, reproduce, communicate to the public by telecommunication, make available, display, publish, transmit, assign, sublicense, transfer, provide access to, use, rent or sell, directly or indirectly (including in electronic form) any portion of the Product, or 2.) Modify, adapt or create derivative works of any portion of the Product. 3.) Access any portion of Terrakan, LLC's Password Protected Product unless you are an Authorized User for such Password Protected Product using the Passwords assigned to you by Terrakan, LLC to access the components, features and services of the Password Protected Product that your License Agreement authorizes you to access, subject to the terms contained in your License Agreement and the Terms of Use herein; 4.) Access or use any portion of the Product if you are or have plans to be a direct or indirect competitor of Terrakan, LLC, nor shall you provide, disclose or transmit any portion of Terrakan, LLC's Product to any existing or planned to be direct or indirect competitor of Terrakan, LLC (An example of a "direct or indirect competitor" of Terrakan, LLC includes, but is not limited to any internet real estate information and or real estate listing service or any other real estate related platform and or any employees, independent contractors and or agents of such platforms or services); 5.) Provide your Password or otherwise provide access to a Password Protected Product to any individual other than yourself, including by providing the results of queries of, reports (PDF reports) or exports (CSV files) generated from a Password Protected Product to a person who is not your client or your prospective client; or provide anyone a substantial amount of data that could be considered such a person or entity utilizing Terrakan, LLC's Products for purposes in which a subscription is required or in a manner that violates our Terms of Use. 6.) Use or distribute any Information from our Product, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; 7.) Attack the Website or Product via a DoS (Denial-of-Service) Attack. 8.) Utilize any robots, spiders, third-party browser tools, software, data mining tools, data extraction tools, or any other automatic service(s), tool(s), device(s) or manual process(s) for any purpose, specifically to monitor our Product, copy or scrape data from our Product or interfere with our Product in any way that disrupts its normal performance. 9.) Attempt to introduce, inject or apply to our Website or Product any Trojan horses, viruses, logic bombs, or any other malicious or harmful technology. 10.) Decode, reverse engineer, translate, copy, modify, decompile, or disassemble any portion of our Product. 11.) Reproduce, use, publish or compile any portion of our Product for any purpose, including selling or licensing any portion of our Product or making any portion of our Product publicly available; 12.) Store, copy or export any portion of our Product into any database, database-like tool or software. 13.) Publish any portion of the Product or provide access to any portion of the Product on or through the Internet by means of emailing, uploading, posting anywhere including any social media websites, any online bulletin board system, any data library, any listing service, through any other electronic network, or through any data sharing arrangement, with the exception that you may e-mail a report to a limited number of your clients and prospective clients that contains Information that complies with the Permitted Use provisions set forth in your License Agreement and the Terms of Use herein. 14.) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Product, or which, as determined by us, may harm Terrakan, LLC or users of the Website Product, or expose them to liability. 15.) Use the Website or our Product in any manner that could crash, impair, disable, damage or overburden this Website or our Product, or in any way interfere with any other Terrakan, LLC user or other party’s use of the Website or Product. 16.) Attempt to access our Product without authorization (unauthorized access), steal the Password of an Authorized User, interfere with, damage or disrupt any portion of the Website or our Product including our servers, databases and or any part of our underlying infrastructure. 17.) Communicate, transmit, or make available any content provided through or Website or Product in any way to the public or in a private manner, under any law, contractual obligation, agreement, or fiduciary duty, any information about our Product, except as set forth in your License Agreement. 18.) Provide false, inaccurate or incorrect registration information, misrepresent yourself or impersonate any other person or entity, or disguise your identity or the source of any information, data, photographs, images, or other data transmitted through our Product. 19.) Use any portion of the Product to engage, conduct, encourage or promote violating the Terms of Use herein. 20.) Use any portion of the Product to engage, conduct, encourage or promote any illegal activity or to violate any applicable local, state, federal, national or international laws, rules, regulations or ordinances, including those imposed by federal and state real estate professional practice boards, spam and privacy laws. 21.) Transmit electronically, through telecommunication or through any other means, to the public, to or through our Website or Product, any data, text, images, photographs, graphics or any other content/information in a manner that is: a.) Considered use the Website or Product in a manner that is in anyway unlawful, threatening, abusive, harmful, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability or violate any local, provincial, federal or international law, intentionally or unintentionally, or is otherwise objectionable; b.) Using our Website or Product in a manner that is considered to infringe on any copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party. c.) Constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation in the United States or other country.

As an Authorized User of Terrakan, LLC’s Product including any components of our Product, it is your responsibility to make the periodical subscription fee payments on time as per your subscription Agreement and Licensing Agreement. Failure to make such payments on time may result in your access to our Product being suspended until payments are made and up-to-date. If at any time your account is suspended due to non-payment, your account will still incur subscription fees as per your Subscription and License Agreement, regardless of whether your account is suspended or not. Subscriptions to Terrakan, LLC’s Product are subject to sales tax in applicable states. Any sales tax charges will be included as a separate line item on your invoice. Sales tax rates are subject to change, as this is not a factor Terrakan, LLC controls. Subject to the terms of any existing Subscription Agreement and Licensing Agreement with Terrakan, LLC, Terrakan, LLC reserves the right to, at any time, change the subscription fees charged for access to our Product, including fees charges for access to any component or feature contained in our Product. If you are accessing our Password Protected Product, you agree: 1.) To provide Terrakan, LLC with complete and accurate registration and billing information and promptly update this information in the event in changes, and 2.) To pay any applicable license fees or other fees incurred by your use of the Password Protected Product, as defined in your Subscription Agreement and License Agreement.

You acknowledge and agree that Terrakan, LLC may interrupt, terminate, discontinue, or block your access to our Product or portions thereof at any time, subject to the terms of any License Agreement in place between you or your company and Terrakan, LLC. Terrakan, LLC reserves the right to terminate or suspend your account and or use of a Terrakan, LLC Product or service or to terminate your License Agreement upon determination that you and or someone on your account has violated any of the Terms of Use provision herein or any provisions included in any other Licensing Agreement or Subscription Agreement between you and or your entity, and Terrakan, LLC. In the event we suspend or terminate your account or access to our Product or services, you must stop using any and all portions of our Product and or services immediately, and you must permanently delete and destroy all portions of our Product within your possession or control, including but not limited to all PDF reports and CSV exports you may have created using our Product and or services; and, upon written request from Terrakan, LLC, you must certify, in writing, your compliance with this provision. If you are a Terrakan, LLC Client and as a result an Authorized User of our Product, your License Agreement with Terrakan, LLC will include an initial term. Unless otherwise stated in your License Agreement with Terrakan, LLC, your License Agreement will automatically renew upon its expiration your initial term, unless you notify Terrakan, LLC in writing a minimum of 30-days prior to such expiration date, that you do not wish to renew your License Agreement. In such a case where you do not wish to renew your License Agreement with Terrakan, LLC, upon expiration of your License Agreement, you must permanently delete and destroy all portions of our Product within your possession or control, including but not limited to all PDF reports and CSV exports you may have created using our Product and or services; and, upon written request from Terrakan, LLC, you must certify, in writing, your compliance with this provision. Terrakan, LLC reserves the right to terminate your account, suspend your account, and or restrict your account from accessing our Product in whole or in part at any time.

In such a case where Licensee or Terrakan, LLC do not wish to renew the Licensee’s License Agreement with Terrakan, LLC upon expiration of the License Agreement; or upon Licensee or Terrakan, LLC terminating the License Agreement before its expiration date for whatever reason, within ten (10) days after the effective date of termination or non-renewal, Licensee must permanently delete and destroy all portions of our Product within Licensee’s possession, control and or custody, including but not limited to all PDF reports and CSV exports Licensee may have created using our Product and or services; and, upon written request from Terrakan, LLC, Licensee must certify by means of a written affidavit deemed satisfactory by Terrakan, LLC, affirming Licensee’s compliance with this provision. In addition, Terrakan, LLC reserves the right to, at its sole expense, audit the Licensee’s compliance with this provision, provided that such audit will occur with the Licensee being present and under reasonable supervision of the Licensee (as long as such supervision does not restrict Terrakan, LLC from carrying out the audit to an extent deemed fit and satisfactory).

The Licensee is solely responsible to obtain and maintain all computer, hardware, software, telecommunication equipment, and Internet services necessary to access Terrakan, LLC’s Product, including any service fee doing so may carry. The Licensee acknowledges that the Terrakan, LLC Product is accessible only through specific web browsers, which as of the date of this Agreement include Google Chrome, Firefox and Safari. The Licensee agrees to use only these web browsers to access the Terrakan, LLC Product.

Neither party to this Agreement may assign this Agreement to any third party without the other party’s prior written consent, with the exception that, Terrakan, LLC may assign this Agreement without the Licensee’s/User’s prior written consent, to any entity that acquires all or substantially all of the business or assets of Terrakan, LLC relating to this Agreement, whether such an event is executed by means of a merger, reorganization, acquisition, sale or other ownership transfer vehicle. Any assignment made in violation with this provision shall be void, and this Agreement shall benefit and bind the permitted successors and assigns of the parties.

Any and all notices required under this Agreement will be in writing, and shall be delivered personally or mailed by registered or certified mail, return receipt requested, or delivered by an overnight U.S. or international carrier. If such notices are being delivered to Licensee, the notice shall be delivered to Licensee's address specified on the Subscription Form of this Agreement or to such other address as Licensee may provide and specify after this Agreement is executed. If any such notice is being delivered to Terrakan, LLC, it shall be delivered to the address set forth on the Subscription Form of this Agreement.

Terrakan, LLC shall not be held liable for any damages resulting from any failure to perform any obligation under this Agreement or from any delay in the performance due to causes beyond Terrakan, LLC's control, acts of God, an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder, a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), third party service and or interest provider outages or disruptions or slowdowns, vandalism or hacker attacks, fire, governmental demands, industrial disputes, failure of technology or telecommunications or other method or medium of storing or transmitting the Licensed Product. However, in such cases, the Licensee will still remain obligated to pay their subscription fees as agreed to herein.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that, the remaining provisions of the Terms of Use will continue in full force and effect.

Licensee agrees to and acknowledges that if it creates any settings within their account with Terrakan, LLC’s Product including but not limited to saved search criteria, groups, folders, saved property records and or sales in groups and or folders, and any other setting available within Terrakan, LLC’s Product now or that may be made available at a point and time in the future, collective referred to as “User Data”, Terrakan, LLC nor its officers, agents, contractors, or licensors shall be held accountable, responsible or liable for any of such User Data, including the loss, destruction or use by third parties of such User Data. The Licensee under no circumstances shall provide access to their account to anyone else, especially, not to any third-party competitor for any purposes whatsoever.

Terrakan, LLC employs reasonable security protocol and measure to safeguard and protect our Users data. However, in consideration that the Internet is not 100% safe, Licensee acknowledges that, despite such security precautions taken by Terrakan, LLC, Licensee’s use of, or connecting to, the Internet provides the opportunity for unauthorized third parties to circumvent such security precautions and illegally gain access to the Terrakan, LLC’s Product and User Data. Licensee hereby acknowledges and agrees that Terrakan, LLC cannot and will not guarantee or accept any liability in connection with the absolute integrity, privacy, security or authenticity of any information transmitted over or stored in any system connected to the Internet, including User Data, or that any such security precautions Terrakan, LLC employs will be adequate or sufficient.

Under no circumstances shall Terrakan, LLC’s liability for any and all damages, losses or causes of action incurred by Licensee, which are related to this Agreement, exceed the amount paid by Licensee to Terrakan, LLC over the 12-month period preceding such occurrences.

If for any reason the Licensee is dissatisfied with Terrakan, LLC’s Product and as a result wish to discontinue their subscription before Licensee’s subscription term has expired, it is at the sole discretion of Terrakan, LLC to terminate or modify said Agreement, for which Terrakan, LLC has no obligation or requirement to do.

Terrakan, LLC reserves the right to modify this agreement at any time. In the event that Terrakan, LLC modifies this agreement, Terrakan, LLC will notify the Licensee of such changes by email and or by posting such notice through Terrakan, LLC’s product. If the Licensee does not agree with the modification, Licensee may terminate this agreement within 30 days of the modification notice by giving written notification to Terrakan, LLC of such request for termination.

In addition and subject to other provisions related to confidentiality herein and in your Licensing Agreement, Terrakan, LLC reserves the right to comprise statistical information regarding your use of various components and features of our Product and services, including but not limited to all login activity, searches performed, PDF reports created and CSV exports. Terrakan, LLC also reserves the right for Terrakan, LLC and its contractors to access any portion of its product or services to perform customer support, product or system maintenance, product development, security inspections, protection against unauthorized use of our Products or services, and in response to legal processes, or if otherwise required to do so by law.

The property specific geographic and geospatial data provided through our Product is obtained by Terrakan, LLC through public and private sources and utilized to create proprietary data, which is then made available to users. Significant efforts are made to validate this data; however, Terrakan, LLC shall not be held liable or accountable for any geographical data errors. Terrakan, LLC uses Google Maps and Open Street Maps to render maps in our Products. Such use of Google Maps API is compliant to Google Maps API terms of use and with the permission of Google Maps.

You may provide a hyperlink to the home page of this Website (Terrakan, LLC.) subject to the following conditions: 1.) You must remove any such link within 1-hour upon request from Terrakan, LLC. 2.) You may only provide a hyperlink to the home page of our Website if you do so in a manner that is not considered by Terrakan, LLC to in any way be: defamatory, misleading, of negative intension (towards Terrakan, LLC, any person or any other company), to market a competing product, to publish negative information about Terrakan, LLC, to cause Terrakan, LLC any harm, in any attempt to discredit Terrakan, LLC or our Product, or in any other way that violates the terms of use herein or any other applicable law. 3.) You may not publish a hyperlink to this Website on any Website considered to contain mature content or on any Website that is considered to be unsafe. 4.) You may not under any circumstances create a frame/iframe of our Website and or our Product or any of its Content, as this is strictly prohibited. Through means of linking to our Website or any other means, under no circumstances shall Terrakan, LLC be portrayed or deemed an associate of or to be associated or affiliated with, or as endorsing or sponsoring any website or organization that links to this Website, or is linked to from this Website, or any service or product that may be offered through such websites. If you’re an Authorized User of Terrakan, LLC’s Product and wish to state that you subscribe to our Product in any content made available to the public (i.e. in website content), you may do so; however, you must provide a link to or copy of such content to Terrakan, LLC for our review. Please email such links and or content to Info@ Terrakan.com.io with a summary of what you’re requesting, and include the exact content and context in which you wish transmit this information.

Terrakan, LLC strives to provide the most accurate and up-to-date data possible; however, all information and data provided by Terrakan, LLC through its Product to Authorized Users are for general information purposes only, and in no way constitute any relationship between Terrakan, LLC and Authorized Users in which Terrakan, LLC can be held legally liable or accountable for any errors or inconsistencies in the data and information provided. Authorized Users should not rely on the data and information obtained through Terrakan, LLC’s Product to make significant decisions concerning their professional practice or financial decisions. Authorized Users should reference source documents, and conduct their own independent research and analysis before deciding to rely on any data. Anyone that relies on such data provided through Terrakan, LLC’s Product does so at their own risk and agrees to hold Terrakan, LLC harmless for any inaccurate data provided through our Products and for any consequence relating directly or indirectly to any decision, action or inaction by you based on data and information obtained through our Products. Terrakan, LLC is not responsible for any use of our Website or Product by anyone that is unauthorized to access our Website or Product.

As stated in the provision above, Terrakan, LLC strives to provide the most accurate and up-to-date data possible; however, all information and data provided by Terrakan, LLC through its Product to Authorized Users is for general information purposes only, and is provided to Authorized Users “As Is” and without any warranties as to its accuracy. Furthermore, we do not provide any warranties that our Product will always be available, uninterrupted or without errors. By using our Website and or Product you accept these terms and agree that Terrakan, LLC will not be responsible or held liable for any loss of income as a result of errors, inaccurate information or service interruptions of our Product. Any reliance on our Product is made at your own risk and with acknowledgement that Terrakan, LLC makes no warranties.

If you cause a technical disturbances to this Website or our Product, and or violate the Terms of Use in any way set forth herein these Terms of Use or as described within your License Agreement with Terrakan, LLC, you agree to be held responsible for any and all liabilities, costs and expenditures resulting from such disruption, including reasonable attorneys' fees, fines, and any other cost associated with enforcing our Terms of Use and or License Agreement by means of pursing compensation from those who caused such disruption through litigation and other means of legally enforcing our Terms of Use and License Agreement.

You agree to indemnify, defend, and hold harmless Terrakan, LLC, its officers, employees contractors, agents, licensors, suppliers, successors and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your (or any user included under your account) violation of these Terms of Use, your Subscription Agreement or License Agreement, or your use of this Website or our Product, including, but not limited to, any use of the content provided through this Website or our Product or other Terrakan, LLC services.

Terrakan, LLC respect’s the privacy of our users and Website visitors and any personal information you provide to us in connection with or as a result of your use of our Website, Product or services. Use of this Website and our Product is subject to Terrakan, LLC’s Privacy Policy located at Privacy Policy, which is hereby incorporated into, and made part of these Terms of Use. Terrakan, LLC reserves the right, and you authorize us, to use any and all personal information provided by you in any manner consistent with our Privacy Policy.

Terrakan, LLC’s Product employs various trademarks and service marks, logo, graphics, slogans, phrases and other means of brand identification of Terrakan, LLC and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable owner.

You acknowledge that Terrakan, LLC is the exclusive owner and will retain exclusive ownership of all proprietary right in and or to our Product, including intellectual property rights and including those governed under laws of the United States and any other applicable national or international laws and rights, and including those related to trademarks, patents, copyrights, and trade secrets. By entering into a Licensing Agreement with Terrakan, LLC, you are being licensed to use our Product or services as described in your specific License Agreement; and in no way are you being sold or relayed ownership temporarily or permanently over any of our Products or services. Licensee hereby acknowledges that the foregoing applies to all Terrakan, LLC Products and services including those currently made available or to be made available on-line, off-line and or through any mobile device, without limitation to any future Product developments and or enhancements, including but not limited to any such that may in part or in full come as a result of Terrakan, LLC’s analysis of Licensee’s usage of our Product and or services, or as a result of any of the Licensee’s suggestions, ideas, feedback, identification of errors, or anything else resulting out of a Licensee’s usage and or evaluation of Terrakan, LLC’s Product or services. Under no circumstance will any such case result in conference of any rights and or ownership in Terrakan, LLC’s Products to Licensee; nor will any such case exonerate Licensee or hold them unaccountable to comply with and abide by the provision set forth in this License Agreement, Terrakan, LLC’s Terms of Use and Conditions, and Terrakan, LLC’s Privacy Policy.

Terrakan, LLC is a Corporation based in the State of Los Angeles County, within the United States. Terrakan, LLC provides this Website and our Product for use only by people located in the United States. We make no claims or representations that this Website, our Product or any of the content provided through them is accessible, appropriate or legal to access outside of the United States. Access to our Website or our Product may not be legal by certain persons or in certain countries. If you access this Website or our Product from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws, and any consequences that might arise as a result.

No legal or other action or claim arising out of these terms of use, and or your license agreement and or your subscription agreement, may be brought more than one (1) year after the cause of such action or claim has arisen.

Terrakan, LLC is a Delaware Corporation with its headquarters located in the State of Los Angeles County of the United States. Unless otherwise agreed to in writing by Terrakan, LLC, the federal and state courts located in the State of Los Angeles County shall be the exclusive jurisdiction for any action brought by or against Terrakan, LLC in connection with these Terms of Use or use of our Product.

This Agreement and all provisions contained herein are in full effective and not to be considered waived unless otherwise documented herein by Terrakan, LLC. Failure, delay or neglect by a party to enforce any provision of this Agreement or exercise its rights under this Agreement at any time shall not and will not be construed to be a waiver of that party’s rights under this Agreement; and therefore, in no way will affect the enforceability and validity of this Agreement in whole or part; nor will it prevent or restrict in any way such party to take subsequent actions to seek remedy and or retribution in accordance with the provisions of this Agreement and as entitled to by law. Consequential Damage Waiver Under no circumstances shall Terrakan, LLC, its officers, contractors or agents be held liable for any indirect, incidental, consequential, or any other damage incurred by Licensee, without limitation to damages categorized as loss of business, profits, business interference/interruptions, loss of business information resulting from or related to the Licensee’s use of or inability to use/access Terrakan, LLC’s Product and or services, regardless of whether or not Terrakan, LLC has been advised of any such potential damages.

This License Agreement contains the entire understanding of the parties with respect to Terrakan, LLC’s Licensed Product and it supersedes any prior oral or written statements made by Licensee and or Terrakan, LLC, or their respective representatives and any documents relative to the subject; however, this Agreement does not supersede any other written license agreement between the parties unless expressly provided herein. The Licensee agrees to keep all content, terms and provisions of this Agreement strictly confidential. This Agreement may not be published, made publically available, amended, modified or superseded by anyone other than Terrakan, LLC, nor may any of its terms or conditions be waived, unless expressly agreed to in writing by all parties and legally documented. If any provision of this Agreement is held to be invalid, illegal or unenforceable; the validity, legality and enforceability of the remainder of the Agreement will not be affected and remain fully enforceable. If a provision is held to be invalid, illegal or otherwise unenforceable, such a provision shall be replaced with an enforceable provision that carries the intent and benefits of the original provision. The Licensee acknowledges that in the event Licensee breaches of any terms and or provisions of this Agreement, as a result of such an occurrence, Terrakan, LLC may suffer irreparable harm; and therefore, shall be entitled to injunctive relief, without being required to post a bond, and shall be entitled to all other monetary remedies available in equity or permitted under applicable laws. The License Agreement provisions of Sections contained herein titled: Prohibited Uses, Authorized User Accessibility, Automatic Subscription Renewal, License Fees and Payments, Account Access Suspension; Termination; Interruption, Post-Termination, Hardware, Assignment, No Warranties, Notices, Force Majeure, User Data and Information, Governing Law; Jurisdiction, Waiver, Consequential Damage Waiver, Indemnification, Data and Information Accuracy, No Warranties, Security Disclaimer, Limitation on Time to File Claims, Limitation of Damages, Exclusive Right to Remediate, Modification. Will survive non-renewal or any other termination of this Agreement into perpetuity.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Terrakan, LLC with respect to this Website and supersede all prior understandings, agreements, representations and warranties, both written and oral; except if you have entered into a License Agreement with Terrakan, LLC, in which case you are bound by both your License Agreement with Terrakan, LLC and these Terms of Use.