Landed

Terms of Use

Welcome!

Landed is provided by Endeavor LLC and is a career engagement platform that supports students in becoming the best version of themselves. Within Landed, students access assessments, rich data searches and filters, and activities designed to provide insights and assist the student in preparing their career journey. Additionally, students create a profile which they may choose to share publicly, receive feedback from both academic and work references, and communicate with their support system and other students. Landed also provides tools and access to the students’ wider support system: the counselors, teachers, parents or guardians, and other administrators.

These Terms of Use (“Terms”) apply to you if you are an organization, institution, university, college, school, or other entity (an “Institution”, or “You”) and also if you are an individual, customer, or authorized end user (a “User”, or “you”). These terms govern your access to and use of the services, including our (“Landed”, “We”, “Us”, “Our”) platform, website, or any other media form, channel, website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).

Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Platform, you agree to be legally bound by these terms. If you have entered into these Terms on behalf of an entity, you represent that you have the authority to bind that entity to these terms.

We provide cloud-based services on a subscription basis. We host the environment, manage the applicable servers, and provide ongoing updates. We do not provide the means to access the Platform in the form of internet access or hardware; these are solely your responsibility.

Feature additions, updates, and other changes are constantly being implemented into the Platform. You will receive notification and description of material changes as they occur; however, you agree that we are not required to provide any form of notification to you prior to making these changes. Supplemental terms, conditions or documents posted to the Platform from time to time are hereby expressly incorporated herein by reference. Landed reserves the right, in our sole discretion, to make changes or modifications to these Terms at any time. We will provide you notice of these changes through the Platform, and we agree that changes cannot be retroactive. By continuing to use the Platform after we publish changes to our terms, you are consenting to the updated terms as of their effective date. If you object to any changes, you may contact us and discontinue use of the Platform.

You agree to use the Platform only for its intended uses and not in any way that is unlawful or prohibited by these Terms. Unacceptable uses include, but are not limited to, the following:

  1. Using the Platform in a way that could damage, disable, overburden or impair it,
  2. Interfering with any other Institution or User’s use of or experience with the Platform,
  3. Submitting or transmitting content, files, videos, photos, web links, or other materials to the Platform that:
    1. Are defamatory, obscene, threatening or harassing,
    2. Contains any type of harmful component such as a virus, worm, or Trojan horse,
    3. Interferes with the operation, appearance, security or function of the Platform,
    4. Includes unsolicited commercial messages, or
    5. Impersonates any other person or misrepresenting yourself.
  4. Licensing, sublicensing, selling, reselling, transferring or assigning the Platform to any third party,
  5. Modifying or making derivative works based upon the Platform,
  6. Commercially exploiting the Platform in any way.
Access to certain areas of the Platform is restricted and/or limited. If you are provided with a username and password or granted access to restricted areas of the Platform, Content or Services, you must ensure that these credentials are kept confidential. Landed is not liable for any loss or damage arising from your failure to comply with these requirements.

We, in our sole discretion, may suspend or stop providing the Services to any User or you for actions that violate these Terms, or to protect the security, safety, and rights of other Users, Landed or the Platform, including to investigate suspected misconduct.

We are committed to protecting your privacy and maintaining a detailed Privacy Policy.

This Platform is hosted in the United States. If you access the Platform from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and Marks are provided on the Platform “AS IS” for informational and educational use only. Except as expressly provided in these Terms, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform to download and print materials from the Platform solely for your educational and non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, Content and Marks.

If you submit feedback, suggestions or ideas about how to improve the Platform including new features or functionality (Collectively, “Feedback”), we may use, without any restrictions, attribution or compensation to you, any ideas, know-how, concepts, techniques, and all applicable intellectual property rights relating to the Feedback for any purpose. You further warrant that any Feedback provided is original to you or you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

You may be required to register with the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password.

The Platform allows you to create a Profile, which displays accomplishments and other Content which you decide to contribute. This Profile may be shared publicly.

The Platform may allow you to communicate to other users, contribute to message boards and forums, and post certain Content materials such as, but not limited to, photographs, text, art, documents, and video. For all Content you contribute, you represent and warrant that said Content:

  1. Are created and owned by you or you have the necessary rights and permissions to use
  2. Are not false, inaccurate, or misleading.
We do not assert any ownership over your Content. You retain full ownership of all of your Content and we are not liable for any statements or representations in your Content provided by you in any area on the platform.

You are solely responsible for your Content to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.

We have the right, in our sole and absolute discretion:
  1. To edit, redact, or otherwise change any Content,
  2. To re-categorize any Content to place them in more appropriate locations on the Platform, and
  3. To pre-screen or delete any Content at any time and for any reason, without notice.
We have no obligation to monitor your Content.

The Platform may contain links to third-party websites or resources. You acknowledge and agree that Landed is not responsible or liable for:

  1. The availability or accuracy of such websites or resources, or
  2. The content, products or services on or available from such websites or resources.
Links to such resources do not imply any endorsement by Landed of such websites or resources or the content, products or services available from such websites or resources. You are solely responsible for the use of such websites or resources.

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify all or part of the Platform without notice at any time.

While we will make every effort to provide advanced notice of any outage, we cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

In the unlikely event we end up in a legal dispute, you agree to resolve it in the Commonwealth of Kentucky.

Landed takes the security of your information very seriously and works diligently to protect your information from any loss, misuse, and unauthorized access or disclosure. Given the nature of technology, Landed cannot provide a guarantee that information provided during transmission through the internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others.

Landed is hosted in a secure server environment that uses a firewall and other technology to prevent interference or access from outside intruders. The Platform requires unique usernames and passwords. We strongly recommend that you choose a strong, unguessable password, and require that you do not disclose your password to anyone.

These safeguards we put in place are there to prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data. We will continue to enhance security procedures as new technologies and procedures become available. We are not responsible for security breaches outside of our reasonable control.

Family Educational Rights and Privacy Act ("FERPA")

If you are subject to the provisions of the Family Educational Rights and Privacy Act (FERPA), you agree to appoint Landed as a "school official" as that term is used in FERPA §§99.7(a)(3)(iii) and 99.31(a)(1) and as interpreted by the Family Policy Compliance Office, and determines that Landed has a "legitimate educational interest," for the purpose of carrying out its responsibilities under the Agreement.Landed acknowledges that personally identifiable information obtained from you by Landed in the performance of this Agreement:

  1. Will not be disclosed to third parties, except as expressly provided for in FERPA §§99.31, without signed and dated written consent of the student, or if the student is under eighteen (18) years of age, signed and written consent of the student's parents/guardians, and
  2. Will be used only to fulfill Landed's responsibilities under our Agreement. In accordance with FERPA, any consents to disclose information may be made electronically.

Children's Online Privacy Protection Act ("COPPA").

In the event that your use of the Platform subjects you to the provisions of COPPA, you acknowledge that (i) if you choose to make the Platform available to Users that you shall be considered the "operator" of the Platform for the purposes of COPPA, and (ii) you shall fully comply with COPPA and any rules or regulations promulgated thereunder.

Children under the age of 13 are not allowed to create their own account in the Services. Accounts for students and children under the age of 13 are created under the direction of the applicable Institution (generally a school).

We are required under the Children’s Online Privacy Protection Act (“COPPA”) to obtain verifiable parental consent in order to collect, use or disclose personal information from children under the age of 13. As provided for by COPPA, Landed relies on the applicable Institution to obtain this parental consent for the online collection of personal information from children who are students of such Institution.

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Content posted by users of the Platform; (2) use of the Platform; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Platform, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

You agree to keep your contact information up to date.

We retain your information for the length of time necessary to meet our contractual commitments to Institutions. Most of the time, these commitments extend past the end date of our agreements. At any time, an Institution or User may submit a written request to delete all information related to their account. We will follow these instructions within 30 days of receipt.

Our failure to exercise or enforce any right or provision within these Terms shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Platform. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Nothing contained in these Terms or any other agreement will be construed or implied to create an agency, partnership, or employer and employee relationship.

These terms will apply until terminated by either you or Landed, pursuant to the provisions in your Service Agreement.

If you have questions about these Terms, our Privacy Policy, or the use of the Platform, please contact us at: hello@landed.us