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Terms & Conditions

Welcome to Dakota ProScapes!

We are Dakota ProScapes, LLC, a Texas limited liability company (“We”, “Us”, “ProScapes”, or the “Company”) and we offer www.dakotaproscapes.com (the “Site”) according to the Terms of Service (the “Terms” or “Terms of Service”) below, as well as our separate privacy policy (the “Privacy Policy”). Your use of this Site and the information, content, and services available through the Site are subject to the following Terms of Service. We reserve the right to modify these terms without notice. Your continued usage of the Site constitutes your acceptance of these Terms. If you do not agree to any of these Terms, please do not continue use of the Site. If you have questions about the Terms of Service, please contact us at: info@dakotaproscapes.com

General Terms

The Site is not intended for persons under 18. By using the Site, you are representing that you are at least 18 and are providing current and accurate information about yourself. We may prohibit any user from using the Site in its sole discretion at any time for any reason, and We are not liable for any damage or loss resulting from such prohibition. You are responsible for using the Site in a private and secure manner. You may not use the Site for any illegal activity or to violate laws in your jurisdiction. You may not use the Site to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You may not exploit the Site to access unauthorized information. Any abuse or threatened abuse of other users of the Site or of Company personnel will result in immediate account termination. The Company’s failure to enforce or exercise a right provided in these terms is not a waiver of that right. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

Limitations of Use

The Site and any Company information provided herein is available to you only to determine the availability of goods and services offered by ProScapes.. Unless authorized by ProScapes, you may not use information provided on this Site for any commercial use. You may not use the Site to make any speculative, fraudulent or false requests. ProScapes is not liable for information that is inaccurate due to technical defects in software used on our Site. If ProScapes notifies you that the manner in which you are using the Site is prohibited or unauthorized, you may no longer use the Site for that particular purpose and must immediately cease and desist from such use.

Ownership of Company Information

Information concerning ProScapes and its services, including project experience, customers, employees, text, graphics, button icons, audio and video clips, digital downloads, data compilations and logos, etc. is referred to as “Company Information.” ProScapes owns all copyrights, trademarks, service marks, and trade names related to our Company Information. All Company Information is proprietary to ProScapes.

Your Privacy

Your privacy is important to us. Our Privacy Policy is incorporated in this Agreement and subject to these Terms of Service. Consistent with the ProScapes Privacy Policy, we ask you to provide us with information when you use certain personalized services. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our Privacy Policy. IN NO EVENT SHALL PROSCAPES, ITS AFFILIATED COMPANIES OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PROSCAPES WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Links to Other Sites

The ProScapes Site may have links to other websites which are not operated, controlled or maintained by ProScapes. ProScapes is not responsible for the content of such websites and cannot guarantee that such websites will not change without knowledge. The inclusion of such links on the Site does not imply the Company’s endorsement or approval of the linked sites or their content. If you navigate away from our web page by clicking on an unaffiliated website link, you do so at your own risk and you should be aware that our Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from our Site or relating to any applications you use or install from another site.

Warranties and Disclaimers

ProScapes does not guarantee any information provided on this Site to be true. We assume no responsibility or liability for any content or information on this Site. The information on this Site is presented “as-is” and ProScapes is not liable for any damages as a result from the use of the Site. ProScapes also does not guarantee that the Site is error free. ProScapes hereby represents and warrants that use of the Site as contemplated herein will not infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROSCAPES MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. PROSCAPES DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND THE USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. ProScapes also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Limitation of Liability and Damages

WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL PROSCAPES OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF PROSCAPES OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE IDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL PROSCAPES’ OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO PROSCAPES HEREUNDER.

Jurisdiction; Choice of Law and Forum

This Site is operated by ProScapes in the United States and ProScapes makes no warranty that the materials and content on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced by filing suit in Denton County, Texas, within one (1) year after the incident upon which the claim or cause of action is based first occurred. By using the Site, you irrevocably consent that any cause of action you may submit in connection with your use of the Site or pursuant to these Terms will be filed in the state or federal courts in Denton County, Texas, which you acknowledge, consent, and agree will be the exclusive forum and venue for any legal dispute between you and us. You also agree that any dispute between you and us will be governed by the laws of the State of Texas, without regard to conflict of laws principles.

About these Terms of Service

We may modify these Terms of Service as necessary to reflect updates to the Site, www.dakotaproscapes.com, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Site. These Terms create an agreement between Us and You. They do not create any third-party beneficiary rights. Waiver of any remedy for a breach of these Terms does not prevent us from taking action in the future. The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms. BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND DAKOTA PROSCAPES LLC. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.

Privacy Policy

Dakota ProScapes values the privacy of those who use our website (the “Site”), products and services and makes all commercially reasonable efforts to protect it. This privacy policy discloses the privacy practices of Dakota ProScapes (“ProScapes”, “we”, “our” or “us”), which owns and operates the website, www.dakotaproscapes.com. Your access to and use of the ProScapes Website (“ProScapes Services”) are subject to ProScapes’ Terms of Service and all applicable laws. This privacy policy describes how and when ProScapes collects, uses, and shares information when you use ProScapes Services. ProScapes may receive your information through our website, email notifications, or other interactions with ProScapes Services. When using any ProScapes Services you consent to the collection, transfer, manipulation, storage, disclosure or other uses of your information as described in this Privacy Policy. Regardless of which country you reside in or supply information from, you authorize ProScapes to use your information in the United States and any other country where ProScapes operates.
We value your comments about our privacy statement and invite you to e-mail us with inquiries, suggestions and complaints at:  info@dakotaproscapes.com. Please read the following to learn more about what information we collect, what we do with that information, and how we may use your personal information.

Information Collected

How Information is Collected. In order to enhance your user experience and improve the ProScapes Services, ProScapes collects information about you from two sources: (i) information you affirmatively give to us; and (ii) information automatically collected when you use any ProScapes Services.

Information You Affirmatively Give Us. In the course of using ProScapes Services, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use of and activities at our website that may be connected with you (“Personal Information”). Personal Information that we collect may include, but is not limited to, your name, phone number, travel information, email address and home and business postal addresses. Personal Information may also include information you supply to us concerning your preferences and interests expressed in the course of using ProScapes Services.

Information Automatically Collected. We also collect information about your visit from the browser or ProScapes application on your computer or mobile device, including IP address, cookies and the pages you request – to analyze trends, administer the site, track your navigation of the site, deliver relevant advertisements and gather broad demographic information for aggregate use (note that IP addresses are not linked to “personally identifiable information”). Additionally, we collect aggregate information from multiple users without personally identifying individuals, such as geographic region, which we may share with our business partners – to improve understanding of customer needs and provide relevant services.

By choosing to use ProScapes Services, you are giving ProScapes permission to use and store such information consistent with this privacy policy.

How We Use Personal Information

Use of Personal Information. Personal Information is or may be used for the following purposes: (i) to provide and improve ProScapes Services, (ii) to administer your use of ProScapes Services, (iii) to better understand your needs, (iv) to fulfill requests you may make, (v) to personalize your experience, (vi) to provide or offer software updates and product announcements, and (vii) to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties.

We use information we obtain by technical means (such as the automatic recording performed by our servers or through the use of cookies) for the above purposes and in order to monitor and analyze use of ProScapes Services; for technical administration of ProScapes Services; to increase functionality and user-friendliness of ProScapes Services; to better tailor ProScapes Services to your needs, and to generate and derive useful data and information concerning the interests, characteristics, and use behavior of our users.

Sharing of Information. When you send information to ProScapes Services, you are granting ProScapes permission to use and take other actions with respect to such information (as described in the Terms of Service), in order to provide ProScapes Services. We do not share, sell, rent or otherwise distribute this information to others, except as disclosed in this Privacy Policy. ProScapes may share your information with others outside of ProScapes under the following circumstances:

  • We have your explicit consent to share the information;
  • We need to share your information to fulfill your service request;
  • We wish to contact you with information about services from our business partners;
  • We have a good faith belief that sharing or otherwise permitting access, disclosure, use or preservation of such information is reasonably necessary in order to comply with our legal obligations;
  • We believe it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud or potential threats against persons or property;
  • We believe it is necessary to investigate potential violations of our Terms of Service, or to enforce those Terms of Service;
  • We have a relationship with an affiliate or partner that you have an online or off-line (non-Internet) relationship with, or have visited the affiliate or partner’s website that links to or mentions ProScapes Services, and have registered for ProScapes Services through the partner or affiliate’s program or website.

With Whom Information is Shared

Public Information – ProScapes may share as it sees fit information that you voluntarily make public. Since such public information can be accessed by the public and used by any member of the public, such use by third parties is beyond the control of ProScapes.

Personal Information – ProScapes collects personal information (name, address, email, date of birth, etc.). We use the information we collect during the information request process for administrative, analytical, correspondence, and operational purposes.  ProScapes will never share your personal information without your consent, unless compelled to do so by law.

Under narrow circumstances, ProScapes may disclose your personal information without asking for your consent to protect the legal rights of ProScapes or its affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers; to protect the safety and security of users of the ProScapes Services or to enforce our Terms of Services; to protect against fraud or for risk management purposes; or to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required. If you notify us that you believe your legal rights have been violated by ProScapes or another user of ProScapes Services, we may provide the information that you provide to us to others to the extent that we believe it is necessary to evaluate and respond to your complaint. For instance, if you submit a notice of copyright infringement to us, we may send a copy to the person or entity who uploaded, stored, or transmitted the material addressed by the communication.

Non-Personal Information and Aggregate Data

ProScapes may share with third parties your non-personal information and related aggregated data. For example, ProScapes may share IP addresses or general demographic information of its users to provide anonymous aggregated data to business partners about the volume of use on ProScapes Services and the specific ProScapes Services in which users are most interested. Because this form of data does not identify particular users, these third parties will not be able to contact you based solely on this data.

Change of Control

If ProScapes sells all or part of its business, makes a sale or transfer of assets, is otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, ProScapes may transfer your personal information and non-personal information to one or more third parties as part of such transaction.

How You Can Control the Information We Collect, Use and Share

You have the choice about whether to disclose your personal information or other information about yourself to ProScapes. Regardless of your choices with respect to promotional communications and updates regarding content, ProScapes may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.

Cookies

Cookies are small data files that a website you visit may save on your hard drive that usually includes an anonymous unique identifier. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. ProScapes Services use cookies for user authentication, keeping track of your preferences, promotional campaigns that require user identification, keeping track of our audience size and traffic patterns, and in certain other cases. You can configure your browser to accept cookies, reject cookies or notify you when a cookie is being used.

Links

The ProScapes website and services may contain links to other sites. ProScapes is not responsible for the privacy policy or other practices employed by websites linked to, or from, our web site nor the information or content contained therein. This privacy statement applies solely to information collected by this website.

International Users

ProScapes abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union. The following link provides more information about the U.S. Department of Commerce Safe Harbor Program. http://www.export.gov/safeharbor/

Our Policy Toward Children

This Site is not directed to children under 18 years of age. We do not knowingly collect personally identifiable information from children under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at info@dakotaproscapes.com. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.

Changes and Updates

From time to time, we may make changes to this privacy policy. In order to ensure that you are familiar with our most updated policies and practices, you should check the effective date indicated above of this privacy policy each time you use ProScapes Services. If we make any changes, we will notify you of such changes by posting the updated privacy policy on the ProScapes Website. We may also send you an email alerting you of such changes. You will be bound by any such changes to the policy when you use ProScapes Services after those changes have been posted. If we make material revisions concern practices where we have represented that we will obtain your consent to use or disclose your personal information, we will obtain your consent before taking any action inconsistent with those representations.

If ProScapes should ever sell its assets, merge with another entity or file for bankruptcy, information collected from this website and in the operation of the services may be transferred as assets of ProScapes.

Contact Us

ProScapes welcomes your feedback regarding this Privacy Policy and our Terms of Service. If you have questions, comments, or concerns about either one, please contact us by e-mail at info@dakotaproscapes.com1. Acceptance of Terms

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