Terms and Conditions of Use

Introduction By accessing the Landmark Digital, LLC℠ (hereinafter, “Landmark”) website (the “Site”), you agree that you will be bound by the terms and conditions set forth herein (the “Agreement”). We reserve the right to change the terms and conditions of this Agreement, from time to time. By using the Site after we make such changes, you agree to be bound by the new terms and conditions. We will also from time to time, change the content of the Site. Some of the pages of the Site contain their own terms and conditions that may by their terms supersede the terms and conditions of this Agreement.

Copyright Copyright © Landmark Digital, LLC℠. All rights reserved. This site has been published since 2007 and is periodically updated and revised. Except as specifically permitted herein, you may not reproduce any portion of the Materials (as defined below) posted on this Site without prior written permission from Landmark. This prohibition includes, but is not limited to editorial and pictorial content.

Trademarks All pages on this Site, including logo, splash screen and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Landmark or other third parties. Landmark’s owned or administered Marks include, but are not limited to, Landmark Digital Services, LLC, Landmark.com and BlueArrow. You may not use the Marks without Landmark’s prior written consent, or the consent of the third parties that may own the Marks.

General Use Parameters and Restrictions All materials contained in the Site (the “Material” or “Materials”), which include, among other things, images, illustrations, designs, icons, photographs, audio clips, video clips, articles, documents, products, software, services and written and other materials that are part of this Site, are the copyrighted or trademarked property of. All trademarks, service marks, and trade names are proprietary to Landmark. You may not copy, reproduce, republish, upload, post, transmit or distribute the Materials in any way without Landmark’s prior express written permission. You may not “mirror” any Material contained on this Site on any other server. You may not use any of the Materials on any other Web site or networked computer environment for any purpose.

Nothing on this Site shall be construed as conferring any license under any of Landmark’s or any third party’s intellectual property rights. You acknowledge sole responsibility for obtaining any such licenses. You may display, copy, distribute or download the Materials on this Site provided that ALL of the following conditions are met: (1) both the copyright notice which appears on this Site and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, noncommercial and informational use and will not be copied or posted on the Internet or any other network computer or broadcast in any media, and (3) no modifications of any of the Materials are made. You are prohibited from copying or imitating, in whole or in part, the design or layout of this Site or elements protected by trade dress that are protected by United States and International law and other intellectual property rights.

Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, or other laws. Such violations may result in severe civil and criminal penalties against you. Landmark will prosecute violators to the maximum extent possible.

Use of Software This Site may contain software and documentation or other Materials available for download. All such software and related Materials are the copyrighted works of Landmark and/or other parties. If you use the software, you agree to be bound by the terms of the license agreement accompanying the software. You are prohibited, and you agree that you will not download or use any software unless you agree to abide by the terms of the license agreement.

Submissions & Third Party Content You agree not to submit to the Site shall any content which (a) is libelous, defamatory, invasive of privacy, or is obscene, pornographic, abusive or threatening; (b) violates or infringes any person’s legal rights or the legal rights of any entity, including, but not limited to, copyrights, trademarks and patents; (c) violates any law; (d) advocates any unlawful activity; or (e). solicits funds for or otherwise advocates any organization, goods or services.

You are solely responsible for any Materials you submit, and that Landmark has no responsibility for any of these Materials, including their legality, originality, reliability and appropriateness. By submitting your content, you agree to be bound by these terms.

Disclaimer Landmark makes no representations or warranties of any kind, whether express or implied, regarding this Site or its contents. Landmark expressly disclaims any such representations and warranties, including, but not limited to those relating to merchantability and fitness for a particular purpose. Moreover, Landmark does not represent or warrant that any Materials which you may access at or through the Site are current, accurate or complete. The Site and all of its contents are provided on an “as is” basis only. Landmark may change information relating to pricing and availability without notice. You agree that you will use the Site and any Materials available at or through the Site solely at your own risk. You also agree that you are solely responsible for all costs associated with any servicing or repairs of any equipment you use, including your computer, as part of your use of the Site and that Landmark will not in any way be liable to you for damages of any kind which relate to your use of the Site. You also agree to waive any and all claims of any kind or nature against Landmark, its officers, employees, affiliates or licensees, with respect to your use of this Site or any of the information or Materials available at the Site.

Landmark has not authenticated in any way any Materials which have been supplied by parties other than Landmark. Landmark does not furnish, sell, license or lease any Materials except those specifically identified as being provided by Landmark.

Landmark may be required to report to and cooperate fully with law enforcement authorities or comply with court orders which request or direct Landmark to disclose the identity of anyone who submit Materials which may be threatening or libelous or which violates any law.

Our Site may be accessed from other countries around the world and may contain references to Landmark licenses, services, programs or products which are not available in your country. Any reference to these services, programs are products does not indicate that Landmark intends to implement any of them in your country.

Limitation of Liability & Indemnity Neither Landmark, nor Landmark.com, nor any of its officers, directors, employees, affiliates or any of its other representatives will be liable for damages arising out of or in connection with your use of or the inability to use this Site. This is an all-encompassing limitation of our liability that applies to all damages of any kind, including but not limited to, damages that are compensatory, direct, indirect or consequential, loss of profit, income or data, damage to property and claims by any other persons or entities. You agree to defend, indemnify and hold harmless, Landmark, its officers, directors, employees, agents, distributors and its affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from or related to your use of the Site or your breach of any of the agreements, representations or warranties you have made to or with Landmark.

Links to Third-Party Sites Our Site may contain links to other web sites which are not under Landmark’s control. Landmark makes no representations of any kind regarding the content of such sites and you agree to irrevocably waive any claim against Landmark with respect to such sites. You agree that anytime you access a different web site through Landmark’s Site, you do so at your own risk. Landmark is not responsible for the accuracy or reliability of any information or Materials contained on non-Landmark web sites you access through our Site. Any comments regarding any such other web sites, including the Materials and resources contained on them, should be directed to the entity whose web site contains these Materials or resources. However, Landmark’s webmaster would like to be copied on any complaint addressed to any such linked non-Landmark sites.

Landmark’s Policy Regarding Linking to This Site Landmark allows other sites linking to our Site, so long as the following guidelines are followed. Developers should link to our home page (http://www.Landmark.com or http://Landmark.com) rather than linking to internal pages. By linking to our homepage, you ensure that your site avoids containing broken links in the future. You may not use the Landmark logo or any other graphics or text to imply an endorsement or support by Landmark without written permission. To inquire further, contact:

Webmaster Landmark Digital Services, LLC First American Building 3100 West End Avenue, Suite 300 Nashville, TN 37203

When linking to internal pages, you should inform us as to which pages you want to link to, the specific content on the page you are interested in, when you plan to start linking and the duration for which the link will be available. Also include the URL of the page that contains the link. Upon linking to Landmark.COM, Landmark’s content should appear in its own browser window, by setting the href target to “_blank” or by spawning a new browser. The Landmark.COM page must not appear within a frame. In addition, the content of Landmark.COM must not be portrayed as belonging to anyone other than Landmark Digital Services, LLC nor should your site imply that Landmark is endorsing your products or services. By linking your site with the Landmark Site, you agree that you will not provide false or misleading information about Landmark, its officers, directors, affiliates or its services or activities. You further agree that your web site does not infringe the rights of any other person or entity, including but not limited to copyrights and trademarks. You also agree that your site does not violate any laws, advocate unlawful activity or contains content which is not appropriate for all ages. Landmark reserves the right to remove or to request you to remove any links to any Site which is not in compliance with the foregoing terms and conditions. Should you have any questions, please contact our webmaster at webmaster@Landmark.com.

No Endorsements The appearance of or reference to any information, Materials or other content on, or linked to, from this Site does not constitute an endorsement, express or implied of any products or services provided by entities other than Landmark.

Governing Law and Jurisdiction By accessing this Site, you and Landmark agree that all matters relating to your access to, or use of this Site shall be governed by the statutes and laws of the State of Tennessee, without regard to the conflicts of laws principles thereof. You and Landmark also agree and hereby submit to the exclusive personal jurisdiction and venue of the Commercial Part of the Supreme Court of Davidson County and the United States Middle District Sixth Circuit Court with respect to such matters.

Termination This Agreement is effective unless and until terminated by either you or Landmark. You may terminate this Agreement at any time. Your access to this Site may be terminated immediately, without notice from us, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Landmark, you agree that you will cease use of the Site immediately and destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.