Terms of Use

Terms of use

These Terms of Use (the “Terms”) govern your use of all websites or mobile websites owned or operated by Wood Ranch Development, LLC (“Terraine”), including the website currently located at www.terrainelife.com (the “Site”), any applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by Terraine, and any other applications, interactive features, blogs, social media platforms, widgets, and resources offered by Terraine through traditional Internet websites, mobile devices, or other platforms (all of which are collectively referred to as the “Services”). For clarity, these Terms govern any Site or Services that provide a link to this page. By using the Site or Services, you agree to these Terms.

Eligibility

You must be at least 18 years old and legally capable of agreeing to these Terms of Use to use the Site or the Services.

Additional terms

Your use of certain Services on the Site may be subject to additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.

Use of the site and services

You are responsible for your use of the Site and Services. At Terraine, our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Terraine. When you use the Site or Services, you may not:

• Violate any law or regulation;
• Violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights, particularly by interfering, disrupting, or attempting to gain unauthorized access to other accounts on the Site or any other computer network or to portions of the Site that are restricted;
• Transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• Send unsolicited or unauthorized advertising or commercial communications, such as spam;
• Disseminate, store, or transmit viruses, Trojan horses, or any other malicious or unsolicited software;
• Stalk, harass, or harm another individual;
• Impersonate or misrepresent your affiliation with someone else, create a false identity, or otherwise attempt to mislead any person as to the identity or origin of any communication;
• Use any means to “scrape,” “crawl,” or “spider” any pages contained in the Site (although Terraine may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Terraine reserves the right to revoke these exceptions either generally or in specific cases);
• Use automated methods to use the Site or Services in a manner that sends more requests to the Terraine servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
• Interfere with or disrupt the Site or Services.

User generated content

We may allow you to create and publicly share content, information, or materials on the Site or Services, or via third-party websites and services such as social media sites (collectively “User Generated Content” or “UGC”).

From time to time we may reach out to you on third-party websites and social media sites to request permission to use your UGC. We may do so when you use specific hashtags or comment on our social media pages. When we reach out to you to request your permission to use your UGC, our use is based on the grant of rights contained in this section.

By (1) creating and posting UGC through our Site/Service, or (2) granting us permission to use UGC created through a third-party website, you give Terraine permission to use your UGC as follows:

• You grant to Terraine and its affiliates a license to use, reproduce, display, perform, distribute, and adapt (including without limitation edit, modify, translate, and reformat) your UGC in connection with the Site and Services, and any Terraine or affiliate social media accounts.
• We may display commercial messages and/or advertisements in connection with your UGC or on pages where your UGC may be viewed by you or others.
• We may use your UGC to advertise and promote Terraine, its affiliates, its business partners, and the Site or the Services.
• Our license to use your UGC is non-exclusive, meaning you may use your UGC for your own purposes or let others use your UGC for their purposes.
• Our license to your UGC is fully paid and royalty-free, meaning we do not owe you anything else in connection with our use of your UGC. However, when feasible we may credit you on social media when using your UGC.
• We may exercise our rights to use your UGC anywhere in the world.
• Our license to use your UGC is perpetual and irrevocable, meaning that our license can last for an indefinite period of time. Our license survives the termination of these Terms for any reason. However, you may request removal of your UGC as described below.
• We may refuse to accept or transmit User Content. We may remove User Content from the Site or Services for any reason.

For all your UGC, you represent and warrant that:

• You own all rights to your UGC or, alternatively, that you have the right to give Terraine the rights described above (including without limitation rights in any musical compositions and/or sound recordings embodied or embedded in your UGC);
• You further irrevocably waive any “moral rights” or other rights with respect to the attribution of authorship or integrity of materials regarding your UGC that you may have under any applicable law under any legal theory.
• You have paid and will pay in full any fees or other payments that may be related to the use of your UGC; and
• Your UGC does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit UGC regardless of how we receive it. We may remove your UGC from the Site, Service, or our third-party social media profiles for any reason.

In addition, when you post a review or any other comment regarding our Services, community, or any other product or service, you agree to disclose all material connections you may have in relation to the subject of your comment. A “material connection” is one that could influence the weight or credibility another person would give to the communications or messages made by you.

If you have authorized us to use your UGC via third-party social media sites, you may request we remove the content from our social media profiles by sending a request to [hello@terrainelife.com] with the subject line “Request Removal of UGC.” If you or another person appear in the UGC, we will endeavor to remove the UGC within 30 days. If the UGC does not identify a specific person, we will remove the UGC at our discretion.

Product reviews

We make no claims or promises about the quality, accuracy, or reliability of any recommendations, reviews, comments, or other content available on or through the Site, Services, or on third-party social media profiles we control. Terraine is not liable for any loss or damage that might arise from your reliance on any recommendations or other content available on or through the Site, Services, or our social media profiles.

Accuracy

Depictions represented on the Site, in print, on signage, in video and/or in email communications are for illustrative purposes only and may not accurately represent the actual product or service. All dimensions and locations are approximate. Terraine reserves the right to make changes without prior notice or obligation. Product descriptions, specifications, and pricing are subject to change. We recommend verifying all information before making any decisions based on it.

Ownership

Other than UGC, we own or license the content on the Site and Services, including, but not limited to, all product brochures, community and home information contained within or linked into the Site, organization, graphics, design, compilation, and other matters related to the Site, software, text, visual, and audio content (“Content”), Terraine trademarks, trade names, logos, and brand elements (“Terraine Marks”) and the trademarks, trade names, logos, and brand elements of third-party products and services that may be offered on the Site or through the Services (“Third-Party Marks”). The Content, Terraine Marks, and Third-Party Marks are protected under U.S. and international laws. The posting of information or materials on the Site by Terraine does not constitute a waiver of any rights in such information and materials. We reserve the right, in our sole discretion, to edit or delete any documents, information, product, and service descriptions, terms, and other information provided herein, subject to change without notice.

Feedback

We always welcome and appreciate your feedback and suggestions about Terraine. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

Digital Millennium Copyright Act

Terraine respects the intellectual property rights of others. Upon proper notice, Terraine will remove UGC or other applicable content that violates copyright law and, where possible, terminate or block the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Terraine has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Terraine’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. identification of the claimed infringing material and information reasonably sufficient to permit Terraine to locate the material;
3. information reasonably sufficient to permit Terraine to contact you, such as an address, telephone number, and, if available, an email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. your physical or electronic signature.

Please send all of the above enumerated information to the following copyright agent:

Wood Ranch Development, LLC 489 W. South Jordan Pkwy, Suite 200 South Jordan, Utah 84095 Telephone No.: 310-920-8802 Email Address: hello@terrainelife.com

Please do not send notices or inquiries unrelated to alleged copyright infringement to the designated agent.

Privacy

Terraine respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.

Links

Our Site and Services may contain links to other websites or social media profiles. A link to a third party’s website or social media profile does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Changes and corrections to the site or services

Terraine enhances and updates its Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. Terraine reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, at our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

Disclaimer and limitations on our liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TERRAINE, ITS AFFILIATES, AND ITS AND THEIR AFFILIATES’ OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ARISING OUT OF OR IN THE COURSE OF CONDUCT, TRADE, CUSTOM OR USAGE). TERRAINE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE SITE OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL TERRAINE, ITS AFFILIATES, OR ITS OR THEIR AFFILIATES’ OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, OR ANY PRODUCTS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the County of Salt Lake. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to these terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting a notice on our Site prior to the change becoming effective. Your continued use of the Site or Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Site or Services.

Contact information

If you have any questions about these Terms, please contact us at:

Wood Ranch Development, LLC 489 W. South Jordan Pkwy, Suite 200 South Jordan, Utah 84095 Email: hello@terrainelife.com Phone: 310-920-8802