A. “LandSpeed” is a trademark of ABH Land Holdings, LLC.

B. “Software” refers to all proprietary ABH Land Holdings, LLC software including all HTML files, XML files, Java files, graphics files, animation files, automations, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software), the deliverables provided pursuant to this Agreement, which may include associated media, printed materials, and “online” or electronic documentation.

C. “ABH” means ABH Land Holdings LLC, the owner of LandSpeed, Price Boss and other software created and provided by ABH Land Holdings, LLC. In this Agreement, references to “ABH” as a Party mean and refer to ABH Land Holdings, LLC, and ABH Land Holdings, LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.

D. “Agreement” means this End User License Agreement (“The Agreement”) setting forth Your rights and obligations as a LandSpeed User.

E. “Parties” mean ABH and You. ABH and You are each a “Party.”

F. “Terms” mean and refer to the Terms and Conditions set forth herein.

G. “User” refers to a person who has created a LandSpeed Account. “User Account” refers to a User’s LandSpeed Account.

H. “Seat” means the User and any individual that is authorized by User to access the User’s Podio workspace.

I. “You” and “Your” means the LandSpeed User who has executed this Agreement by clicking “I Agree.”

By clicking “I Agree” to these Terms, transferring payment to ABH, and creating a User Account, You become a LandSpeed User. There are various products and services available to Users, and monthly prices applicable to such products and services. Prices are subject to change. Price changes are effective on the first day of the month after the price change is posted, By clicking “I Agree” and providing ABH Your credit card information You authorize ABH to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By Your continued use of ABH services, and unless You terminate this agreement as provided herein, You agree that ABH may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.

Your User contract with ABH begins when You click “I Agree.” Month-to-month services will continue month-to-month until either:

 

A. ABH cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to ABH.

 

OR

 

B. You provide ABH thirty (30) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If an additional charge occurs prior to the end of the notice period, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to ABH.

 

OR

 

C. Your credit card or ABH’s charge is denied for any reason and You do not provide ABH a new credit card within ten (10) days.

Annual plans can be cancelled by e-mail notice at any time prior to the anniversary date of purchase and will apply to the following year’s service.

 

Coaching contracts can be canceled after completion of the 6th month of the annual term by e-mail notice. The LandSpeed software portion still requires You to provide ABH thirty (30) days’ e-mail notice, as provided herein, of Your cancellation.

 

Annual plans are pre-paid for the current year in which they are paid.  Cancelations of annual plans affect the next year of service and are not pro-rated.

 

User may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation. The Podio portion of LandSpeed includes two Seats.  Additional seats will be charged at a rate of $24 per month.  LandSpeed employees needing to access to a Users workspace for support or the delivery of services are not charged to the User.

All no known and hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by ABH. The Software is protected by all applicable copyright laws and international treaties.

 

All information provided by ABH to User including lists, templates, due diligence, coaching and other information services are provided on a “best efforts” basis. It is the responsibility of User to review these materials for accuracy and applicability to User’s individual business requirements. ABH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR APPLICABILITY OF INFORMATION PROVIDED.

 

ABH and our partners will at all times reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are granted. Certain services are hosted by Citrix, Google or other third parties, or a subcontractor of their choice. All data stored as part of the Service may be backed up on a regular basis. The User is always encouraged to make backups of all data stored on the Service.

 

You agree to protect, defend, indemnify and hold harmless ABH, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against ABH for liability for payments for, damages caused by, or other liability relating to, You.

 

ABH does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that ABH will not at any time provide sales leads or referrals to You. Additionally, ABH’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ABH MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY ABH WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. ABH MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY ABH WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY ABH WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY ABH’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY ABH’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The ABH websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any ABH website and these Terms, these Terms shall control.

 

YOU AGREE THAT IN NO EVENT SHALL ABH’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ABH FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ABH OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

 

ABH will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of ABH. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. ABH shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

 

ABH may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without ABH’s or its assigns express written consent.

 

As a LandSpeed User, You will be required to create an account with ABH. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your LandSpeed User account, and You agree not to transfer Your password or User name to any third party. So called “agency accounts,” or accounts in which You host LandSpeed products for third parties, are prohibited. Should Your usage data indicate, in ABH’s reasonable opinion, that You are operating an “agency account,” i.e., hosting LandSpeed products for one or more third parties, You will be subject to cancellation of Your LandSpeed User Account or enhanced pricing for Your LandSpeed account, at ABH’s discretion. You are fully responsible for all transactions with, and information conveyed to, ABH under Your User Account. You agree to immediately notify ABH of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that ABH is not liable, and You will hold ABH harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

 

You grant ABH permission to use any and all photographs taken by ABH or its agents or employees, or submitted by You to ABH as well as all written endorsements of ClickFunnels that you send to us, or that you post on social media (photographs, social media posts, and messages sent to ClickFunnels are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of ABH or any product or service sold and marketed by ABH. You agree that this authorization to use Photographs may be assigned by ABH to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in ABH’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against ABH in exchange for this Release and Assignment. You hereby release and forever discharge ABH from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

 

If You have any questions or complaints concerning any of the Terms, You may contact ABH by e-mail at support@landspeedtech.com, or by regular mail at PO Box 1073, Ridgefield, CT 06877.

 

California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against ABH including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Washoe County, Nevada. You agree not to file suit against ABH or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and ABH. In the event that You and ABH are unable to reach agreement on an Arbitrator, You and ABH will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Washoe County, Nevada. The arbitrators selected by You and ABH will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and ABH and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

 

B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Nevada without regard to any choice of law provisions.

 

C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against ABH to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against ABH may not be joined or consolidated with claims brought by anyone else.

 

D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

 

E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents ABH from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect ABH’s rights prior to, during, or following any arbitration proceeding.

 

F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or ABH commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

 

ABH reserves the right to change these Terms, in whole or in part, from time to time at ABH’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms at www.landspeedtech.com/license-agreement. By Your continued use of ABH’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

 

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

 

No waiver by ABH of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

 

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

 

Any notice, report, approval or consent required or permitted herunder shall be in writing and will be deemed to have been duly given if delivered personally or mailed by first-class, registered or certified mail, postage prepaid to the address of Licensor as set forth herein (or such other address as Licensor may designate):

 

ABH Land Holdings LLC 


PO Box: 1073

Ridgefield, CT 06877

Email: support@landspeedtech.com