1. Overview and Acceptance of Terms

Welcome to LandByWater.com (the “Site”), owned and operated by Land by Water, LLC (“Land by Water,” “we,” “us,” or “our”). The Site provides an online platform where users may view residential real estate listings for properties located on or near lakes (“Listings”). By accessing or using the Site, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”), together with our Privacy Policy, which is incorporated herein by reference.  If you do not agree to these Terms, you must immediately discontinue use of the Site.

2. Description of Services

The Site is an online listing platform that displays real estate properties located on or near lakes and water (“Lake Properties”) for informational purposes only. The Site allows Users to browse, search, and view Listings submitted by third-party real estate agents, brokers, or individual property owners (collectively, “Listing Providers”). The Site is free for Users to access and view Listings.

Land by Water does not itself buy, sell, lease, or rent real property. Land by Water is not a real estate broker, agent, or salesperson and does not provide real estate brokerage services. The Site is intended solely as a venue for Users to locate and review available Lake Property listings and to connect with Listing Providers directly.

3. Eligibility

You must be at least eighteen (18) years of age to use this Site. By using this Site, you represent and warrant that you are at least eighteen (18) years of age and are otherwise legally capable of entering into binding contracts under applicable law.

4. User Accounts

Certain features of the Site may require you to create an account. Users are not required to create an account to view Listings; however, certain features (such as saving listings) require account registration. If you create an account, you agree to provide accurate, current, and complete information during the registration process (including your name, email address, and phone number) and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

5. Acceptable Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not:

(a) Use the Site in any manner that violates any applicable federal, state, local, or international law or regulation;

(b) Use the Site to discriminate against any individual or class of individuals protected under federal, state, or local fair housing laws, or in any manner that has a discriminatory impact or promotes illegal, racist, or discriminatory activities or outcomes;

(c) Impersonate or attempt to impersonate Land by Water, a Land by Water employee, another User, or any other person or entity;

(d) Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm Land by Water or Users of the Site;

(e) Use any robot, spider, scraper, or other automated means to access the Site for any purpose, including monitoring or copying any material on the Site, without our prior written consent;

(f) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;

(h) Reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, or reverse engineer any portion of the Site without our prior written consent;

(i) Use the Site to harvest or collect email addresses or other contact information of other Users without their consent for purposes of sending unsolicited emails or other communications;

(j) Use the Listing information displayed on the Site for any purpose other than your personal, non-commercial use in connection with a potential real estate transaction;

(k) Use the Site or any information obtained from the Site to develop competitive products or services; or

(l) Attempt to, or permit or encourage any third party to, do any of the foregoing.

6. Listing Information; Disclaimer of Accuracy

The Listings displayed on the Site are provided by third-party Listing Providers, including real estate agents, brokers, and individual property owners. Land by Water does not independently verify the accuracy, completeness, or reliability of any Listing information, including but not limited to property descriptions, photographs, pricing, square footage, lot size, lake frontage measurements, availability, or other property details.

All Listing information is provided on an “as is” basis and is deemed reliable but not guaranteed. You acknowledge and agree that:

(a) Listing information may contain errors or omissions and is subject to change, including changes in price, availability, or terms, without notice;

(b) Listings may be withdrawn or sold without prior notice;

(c) Photographs may not reflect the current condition of a property, may be digitally enhanced, or may include virtual staging that differs from the actual appearance of the property;

(d) You should conduct your own independent investigation and verification of any property and any Listing information before making any real estate decision;

(e) Land by Water is not responsible for any errors, inaccuracies, or omissions in the Listing information provided by Listing Providers; and

(f) Land by Water does not endorse, recommend, or guarantee any particular property, Listing Provider, or transaction.

7. No Professional Advice

The Site and its contents, including all Listing information, are provided for general informational purposes only. Nothing on the Site constitutes or is intended to constitute legal, financial, tax, real estate, investment, or other professional advice. You should consult with qualified professionals, including a licensed real estate agent, attorney, home inspector, surveyor, and/or financial advisor, before making any decisions regarding real property.

8. Intellectual Property

The Site, including its design, text, graphics, logos, icons, images, audio clips, software, source code, and all other content and materials (collectively, “Site Content”), excluding Listing content provided by third-party Listing Providers, is the property of Land by Water or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use, subject to these Terms. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Site Content except as permitted by these Terms.

9. User Content

If the Site permits Users to submit content, such as saved listings, messages to Listing Providers, or other materials (“User Content”), you retain ownership of your User Content but grant Land by Water a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with operating and improving the Site.

You represent and warrant that you own or have the necessary rights to submit any User Content and that your User Content does not violate or infringe the rights of any third party.

We reserve the right, but are not obligated, to remove or edit any User Content at our sole discretion and without notice.

10. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Land by Water, including mapping services used to display property locations. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Land by Water is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

11. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

12. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND LISTINGS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LAND BY WATER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

LAND BY WATER DOES NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY LISTINGS, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAND BY WATER, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF LAND BY WATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF LAND BY WATER TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO LAND BY WATER, IF ANY, FOR ACCESS TO THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Land by Water, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; (d) any User Content you submit or make available through the Site; or (e) any dispute between you and a Listing Provider or any other third party.

15. Modifications to Terms

Land by Water reserves the right to modify or update these Terms at any time in its sole discretion. If we make material changes to these Terms, we will make commercially reasonable efforts to notify you, such as by posting a notice on the Site or updating the “Last Updated” date above. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of and agreement to such changes. You are responsible for reviewing these Terms periodically.

16. Modifications to the Site

Land by Water reserves the right to modify, suspend, or discontinue the Site or any portion thereof at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

17. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Butler County, Missouri, and you hereby consent to personal jurisdiction and venue in such courts.

19. Digital Millennium Copyright Act (DMCA)

Land by Water respects the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, please provide written notice to our designated copyright agent with the following information:

(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material you claim is infringing is located on the Site;

(d) Your contact information, including address, telephone number, and email address;

(e) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DMCA Copyright Agent: Clayton Brown

Email: dmca@landbywater.com

20. Fair Housing

Land by Water is committed to compliance with the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, and all applicable state and local fair housing laws. Land by Water does not discriminate on the basis of race, color, religion, sex, national origin, familial status, disability, sexual orientation, gender identity, or any other class protected under applicable law.

21. Electronic Communications

By using the Site, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

22. Miscellaneous

(a) Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or policies published on the Site, constitute the entire agreement between you and Land by Water regarding the use of the Site and supersede all prior agreements and understandings.

(b) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

(c) Waiver. The failure of Land by Water to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

(d) Assignment. Land by Water may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

(e) No Agency. No agency, partnership, joint venture, or employment relationship is created between you and Land by Water as a result of these Terms or your use of the Site.

(f) Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.