Last Updated on February 7, 2020
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.
registration and termination
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.
enterprise subscription policy
consumer site user agreement
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.
single and multi-family report disclaimer
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
terrakan feasibility analysis disclaimer
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.
intellectual property rights
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.
subscription fees, sales tax and payments
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.
account access suspension, termination and interruption
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.
user data and information
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.
exclusive right to remediate
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.
authorized user confidentiality
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.
geographic, geospatial and map data
data and information accuracy
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.
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.
geographic use restrictions
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.
limitation on time to file claims
governing law and jurisdiction
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.