PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
LAST UPDATED: December 22, 2023
Welcome to Landing International, Inc. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org
The Services are offered and available to users who are 18 years of age or older and reside in the United States or other territories. By using the Services, you represent to us that you are of legal age to form a binding contract with Landing and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND LANDING AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Updates to Terms & Conditions
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.landinginternational.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
You may be required to sign up for an account, and select a password and username (“Landing User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Landing User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You may not share your account information, including your log-in and password, with anyone else without our prior written permission.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Landing);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Landing account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
In addition, you understand that Landing has disclosed or may disclose information relating to Landing’s technology or business (including pricing accessible only to authorized users) (hereinafter referred to as “Proprietary Information”). You agree: (i) not to divulge to any third person any such Proprietary Information, (i) to give access to such Proprietary information solely to those of your employees with a need to have access thereto for purposes of these Terms, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that you take with your own proprietary information, but in no event less than reasonable precautions to protect such Proprietary Information. The foregoing will not apply with respect to any information that you can document (a) is or becomes generally available to the public other than through your own wrongful act, or (b) was in your possession or known by you prior to receipt from us, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was independently developed without use of any Proprietary Information. Nothing in this Agreement will prevent you from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that you give us reasonable written prior notice of such disclosure to contest such order.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by trademark, copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Landing’s) rights.
You understand that Landing owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
For all User Submissions, you hereby grant Landing a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile phone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Landing account or input a temporary User Submission, in each case in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Landing the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Landing the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Landing the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Landing users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Landing’s business for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Landing account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Landing’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Landing, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Landing, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing the copyrights of another, and to terminate the accounts of repeat alleged infringers; to report potentially infringing content, firstname.lastname@example.org. To learn more about the DMCA, click here.
We also respect others’ intellectual property rights when it comes to trademark rights. We therefore reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To report suspected trademark infringement, please email email@example.com.
Use of Services
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person who posted that content, and you access all such information and content at your own risk. Landing is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that the Content that you contribute is accurate, true, and correct. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Landing has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Landing will not and cannot monitor, verify, censor or edit the content of any third party marketplace or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Landing shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Marketplace or the App, as those terms are defined in the Purchase Order Terms and Conditions, or between users and any third party, you agree that Landing is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Landing, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Changes to Services
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Pricing Terms, Subscription Terms, and Purchase Order Terms
We reserve the right to charge for certain or all Services. Charges for Services are as described in your settings pages, and the terms for those Purchases are defined in the Purchase Order Terms, below. Your use of the Services requires payment of all applicable fees for such Services.
With respect to any purchase you make using the Services, the Purchase Order Terms and Conditions apply.
Landing offers three subscription options to use our Services.
- Basic Subscription: The “Basic Subscription” includes all Services on our site except for the ability to publish training materials to the Landing Mobile App, BeautyFluent (the “App”).
- Plus Subscription: The “Plus Subscription” gives you access to all of the Landing Services plus the ability to publish training materials to the App.
- Premium Subscription: If Brands choose a Premium Subscription which is associated with a specific retailer, such retailer may share sales and product data with Landing. By choosing a Premium Subscription, Brands agree and affirm that such data may be shared with Landing.
Your Basic Subscription, Plus Subscription or Premium Subscription (collectively, a “Subscription”) may be paid for on a monthly, quarterly, or annual basis (the “Initial Subscription Fee”) with automatic renewals (“Renewal Subscription Fee”) as selected by you and described more fully below. You acknowledge and agree that Landing is authorized to charge your Payment Method, (as defined below) used for (i) the Initial Subscription Fee, and (ii) Renewal Subscription Fees in months, quarters, or years, as applicable. Discounts may apply for payment on a quarterly or annual basis. You may also have access to a free trial period of the Platform Subscription, which will automatically convert into a paid annual subscription term after a specified period of time. You must cancel your Subscription before it renews in order to avoid billing of the Renewal Subscription Fee to the Payment Method. Refunds cannot be claimed for any partial subscription period. Automatic renewal can be disabled on your settings page prior to the date of conversion.
These Terms and Conditions and the App Terms and Conditions will apply to any App Subscription. For more information about the App Terms and Conditions, please click [HERE].
Where applicable, you shall pay all fees in connection with such for-fee products/services purchased by you in the manner specified on or selected through the Services (or as otherwise agreed upon in writing by you and us). Unless otherwise specified, the following terms apply to all purchases.
- We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account, such as your bank account or debit or credit card, linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use for-fee Services or purchase products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services or purchase of such products in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
- Recurring Billing. After the initial free trial period, Landing will charge you for the Services on a monthly, quarterly, or annual basis per your selection, as described above. By using the Services, you agree to a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, QUARTERLY, AND ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT PAGE.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF FOR-FEE SERVICES OR PURCHASES OF PRODUCTS UNDER YOUR ACCOUNT.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Reaffirmation of Authorization. Your non-termination or continued use of the Services reaffirms that we are authorized to charge your Payment Method for that service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially signed up for the Services.
Landing is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our absolute discretion, including your breach of these Terms. Landing has the sole right to decide whether you are in violation of any of the restrictions set forth in these
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Warranty Disclaimer. Neither Landing nor its licensors or suppliers makes any representations or warranties concerning any information, including Content, contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material, including Content, contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, nor of any Content provided by users. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Landing or others (unless provided expressly and unambiguously in writing for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY LANDING (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LANDING (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LANDING IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Landing, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) any Content you provide, and (c) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Landing’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles, California, or the Central District of California. Except where not permitted by law, you and Landing waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Landing elect to have claims and disputes resolved by arbitration, as described above. In any litigation between you and Landing over whether to vacate or enforce an arbitration award, you and Landing waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND LANDING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Landing are entitled to arbitration; instead all claims and disputes will be resolved in a court in the Los Angeles, California, or the Central District of California, as described above.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Landing may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Landing agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Landing, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Landing, and you do not have any authority of any kind to bind Landing in any respect whatsoever. You and Landing agree there are no third party beneficiaries intended under these Terms.
Purchase Order Terms & Conditions
One of the Services is an online marketplace (the “Marketplace”) for appropriately qualified sellers (“Brands”) to offer to sell goods (“Products”) to prospective retailers (“Retailers”). In the event of a sale of any Products, unless otherwise specified, the sale is made directly between the Brand and Retailer, and is governed by this Purchase Order Terms and Conditions and reflected in the Purchase Order of the Retailer. If there are conflicts between these Purchase Order Terms and Conditions and the Purchase Order of the Retailer, the Retailer’s Purchase Order governs.
The Role of Landing.
The role of Landing is expressly limited to making the Marketplace available and maintaining the Marketplace for Brands, Retailers, or other Users. Landing is an intermediary and not an agent or fiduciary for any Brand, Retailer, or other User for any purpose. Landing is not responsible for the actual sale of any Products and, unless otherwise indicated on the Website, does not vet or control the information provided by Brand, Retailer, or other Users, nor their statements, acts, or omissions. Landing is independent from the Seller, Buyer and User, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Marketplace by Landing.
Landing may, but is not obligated to, provide intermediary services between Retailer and Brand in connection with customer service or dispute resolution matters. In the event Landing elects in its sole and absolute discretion to provide intermediary services, then the decision of Landing is final and binding on all parties and cannot be appealed, challenged or reversed.
Landing may charge a Transaction Fee to Brands for any orders processed through the Marketplace. If assessed, Transaction Fees are displayed in the Settings Menu for Brands, and use of the Services are subject to Transaction Fees. Transaction Fees may change from time to time, and any increases will be disclosed to you before they take effect.
Conditions of Sale
Relationship of the Parties.
Brand(s) are responsible for accurately describing and pricing the Products it is offering for sale and for delivering the Products to Retailer(s) in accordance with the arrangements made between Brand and Retailer.
Retailer(s) are solely responsible for determining the value of the Products being purchased, to pay the purchase price to the Brand and to arrange for shipping of the Products purchased.
The role of Landing is expressly limited as set forth herein. Landing relies on the Brand(s) and Retailer(s) for the information each provides on the Marketplace and is not responsible in any way for: (i) the description of the Products and their ingredients that are provided by the Brand(s), (ii)the pricing of Products on the Marketplace provided by Brand(s), or (iii) the terms and conditions provided by Retailer(s). Landing is not responsible for the transfer of legal ownership of Products.
Products Available on the Marketplace.
All Products displayed on the Marketplace are offered for sale subject to availability. The Marketplace is designed to provide the Retailer(s) access to Products as the Brand(s) present them. Accordingly, Landing does not verify any information provided by the Brand(s) (or its representative selling an Products) and Landing makes no representations or warranties with respect to the Brand, the Retailer, the Products or the information related to the Products.
The Sale Process.
When a Retailer identifies product(s) for purchase, the Retailer makes an offer to purchase the product(s) including all margin, payment, damage and shipping terms (“Offer”) directly through the Marketplace’s checkout page. By making an Offer, the Retailer irrevocably agrees to pay for the Products on the terms specified.
The Brand, at its sole discretion, may: (i) accept the Offer; (ii) decline the Offer; or (iii) make a counter-offer to the Retailer (“Counter-Offer”). By making a Counter-Offer, the Brand agrees to sell the Products to the Retailer at the Counter-Offer price and conditions.
Shipment and payment will be handled per the terms of an accepted Offer or Counter-Offer as the case may be. Any shipment discrepancy must be reported to the Brand within thirty (30) days of receipt of the Product(s) by the Retailer.
Landing shall collect and remit payment to Brand(s) pursuant to the Offer or Counter-Offer, as the case may be as part of its Services.
Due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Marketplace. Landing has the right to correct any inaccuracies or mistakes, and to void any purchase of an Products that displays an inaccurate price or description once brought to our attention.
Retailer will pay all charges, including without limitation transportation charges, insurance premiums, and shall be responsible for all taxes (except Brand’s U.S. income taxes), duties, costs of compliance with export and import controls and regulations, and other governmental assessments.
Brand warrants to Retailer and to Landing that the Products, when shipped to Retailer by Brand, will conform in all material respects to the applicable specifications sheets shipped with the Products. Such warranty does not apply to units that have been damaged, mishandled, mistreated; used or maintained or stored other than in conformity with such specifications and Brand’s instructions; or modified, altered or repaired in any manner by any party other than Brand. RETAILER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING WARRANTY SHALL BE THE REPLACEMENT OF OR (AT BRAND’S OPTION OR IF REPLACEMENT IS IMPRACTICAL) REFUND FOR RETURNED NON-CONFORMING UNITS OF PRODUCT FOR WHICH FULL DOCUMENTATION AND PROOF OF NON-CONFORMITY IS PROVIDED TO BRAND WITHIN NINETY DAYS AFTER THE ORIGINAL NON-CONFORMING UNITS ARE SHIPPED BY BRAND. EXCEPT FOR THE FOREGOING WARRANTIES, BRAND DOES NOT MAKE (AND HAS NOT AUTHORIZED ANYONE TO MAKE) ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Remedies for Non-payment.
If for any reason the Retailer cancels payment made by credit card or any other means following receipt of the Order Confirmation, or the Retailer otherwise fails to make any payment with respect to the Total Purchase Price (“Default”), then the Retailer shall remain liable to the Brand for the Total Purchase Price in full, as well as any additional costs related to the sale of the Products, including but not limited to applicable taxes, storage and handling fees and any incurred costs or fees associated with collection of any amount due to Landing and/or the Brand including but not limited to legal fees and costs related to currency fluctuations.
Without limitation to any other provision of these Terms, in addition to any other remedies at law or equity, Landing reserves the right, at its election, to retain any and all payments paid by Retailer prior to Default with respect to the Products as liquidated damages, and to cancel the sale of the Products without any further obligation to Retailer.
Logistics by Landing Terms & Conditions
In connection with a sale between a Brand and Retailer pursuant to the Services provided by Landing, the Brand desires to store consigned inventory of certain Products (the “Consigned Product”) at Landing’s third-party logistics premises (hereinafter referred to as the “Premises”). Further, the Brand desires Landing to provide fulfillment and shipping services related to Offers; provided that, Landing has the ability to change the third-party logistics partner at its sole discretion. Brand is willing to provide such Consigned Products to Landing at the Premises from time to time upon the following terms and conditions:
- From time to time, in order to fulfill Offers, Landing and Brand shall mutually determine and confirm in writing the amount of Consigned Product to be stored at the Premises. Brand shall safely deliver the Consigned Product according to the guidelines provided by Landing at Brand’s expense, except as mutually determined by the parties.
- Landing will manage fulfillment and shipment of all Offers or Offers from specific Retailers as expressly approved by you on website.
- Except as withdrawn to fulfill Offers, Landing shall not remove the Consigned Product from the Premises. Brand may remove any Consigned Products from the Premises from time to time upon reasonable advance notice to Landing.
- Charges for these Services will be as accepted by you on our website from time to time and deduced prior to any remittances issued to you pursuant to Orders.
- Unless caused by employees of Brand, Landing shall be responsible for all loss, damage or shortages to the Consigned Product that is stored at the Premises; provided that the we will be allowed an annual allowance for inventory shrinkage of 1.5% of the inventory stored at the Premises.
- Upon the termination of the Logistics by Landing Services by the Brand, Landing shall determine whether we will either promptly return any of the goods remaining in the Consigned Product at our sole cost and expense or shall promptly pay for the balance of goods in the Consigned Product at the Brand’s actual cost for such goods in effect at the time of termination.
- It is acknowledged that Consigned Product is the property of Brand, until such time as the Landing removes the item to fulfill Offers in the ordinary course of its business.