Terms & Conditions
October 15, 2023
1. Commitment to Confidentiality
LandGate understands the importance of the confidentiality of your data, search history and portfolios. LandGate is committed to keep this information confidential and not to disclose it to any third party without your consent or as required by law. LandGate will not use this information for any purpose other than to assist you in valuing land and its resources, providing you with customer service, and improving and maintaining the Website.
2. Authorized Use
As a condition of use, you agree to use the Website for your internal use only. This is limited to:
Copying information from the Website necessary for your internal use to view, save, print, and email such information;
Utilizing or distributing analysis from the Website, provided LandGate is cited as a source; and
Utilizing or distributing derivative works using data and analysis from the Website, provided LandGate is cited as a source.
You are expressly restricted from and by using the Website agree not to do all of the following:
Selling, sub-licensing and/or otherwise commercializing any Website material;
Using the Website in any way that may or is damaging to the Website, any person or business entity, including but not limited to LandGate;
Using the Website in any way that impacts user access to the Website;
Using the Website contrary to applicable laws, regulations or LandGate’ policies;
Engaging in data mining, data harvesting, data extracting or any other similar activity in relation to the Website or while using the Website;
Using automated queries to include screen and database scraping, robots, crawlers, spiders or any other automated activity with the purpose of obtaining information from the Website;
Using the Website to engage in any advertising or marketing;
Using a device, software, or routine to interfere with the proper working, operation or functionality of the Website or infrastructure;
Decompile, disassemble or reverse engineer any portion of the Website; and
Provide/post/authorize a link to the Website from a third-party website.
4. User Account & Login
You are responsible for activity that happens via your account. Your account profile will show your valuation history and your portfolio. You are solely responsible for any and all equipment and connections necessary to access the Website. You agree to notify LandGate of any unauthorized use of which you may become aware.
5. Security Measures
Any user login and password you may have for this Website are confidential and you must, and agree, to maintain confidentiality of such information. You agree to use commercially reasonable efforts to protect the security of the Website. If you share your login and password with, or fail to protect your login and password from, a third party, the third party may have access to your search history and any portfolios you create.
7. Intellectual Property
You do not have or acquire any rights or license to the Website, text, graphics, interfaces, materials, trademarks, logos, audio, computer code, information, or data. You do not acquire or have any rights or license to use, reproduce, distribute, display or provide access to the Website to any third party, or third party website.
The Website may post third party advertising.
10. Linked Materials & Third-Party Materials
The Website may have include links to third party services, products or materials. LandGate take no responsibility and does not warrant or endorse such services, products or materials. Your decision to have dealings with third parties in connection with the Website is solely between you and the third party. LandGate is not responsible for any costs or damages of any time arising out of or in connection with your dealings with a third party.
Certain areas of the Website are restricted from access by you and LandGate may further restrict access by you to any areas of the Website, at any time, in its sole and absolute discretion.
12. Bing & Open Street Map Google Maps & Virtual Earth
13. Subscriber Authorization
By subscribing to LandGate products or services, you agree to allow LandGate to use your name, logo and/or trademark without notice to or consent in connection with certain promotional materials that LandGate may disseminate to the public. The promotional materials may include, but are not limited to, brochures, videos, internet website, press releases, advertising and/or other periodicals, and any other materials, relating the fact that you have or had a subscription with LandGate.
14. No Warranties
LandGate evaluation relies partly on public data, and LandGate cannot guarantee the accuracy of any public data submitted to any regulatory agency.
LandGate makes no warranty or guaranty of the accuracy or reliability of evaluations or other services provided on this site or other sites to which this site may be linked. All data contained herein is subject to change without notice.
The reservoir analysis and economic evaluation provided in a package (“Materials”) are given as a best estimate using the most current data available. LANDGATE HAS NOT AND WILL NOT MAKE OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, ABOUT THE MATERIALS, OR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE WEBSITE OR IN THE MATERIALS. By accepting these Materials you hereby acknowledge that you shall not be justified in relying on the Materials or any information contained therein without independent investigation and verification thereof, and you hereby waive and relinquish any and all claims, actions or causes of action which you may ever have against LandGate with respect to any Materials or the contents thereof.
Evaluations are conducted with as much accuracy as possible, but are still an estimate. LandGate does not guarantee these estimated economic evaluations. Past performance is no guarantee of future performance. To the extent that evaluations by LandGate include estimates and forecasts of future performance, such information is provided without warranty, express or implied. Estimates and forecasts provided by LandGate are based upon best information available at the time of preparation of said estimate or forecast. You must use your own knowledge, research and experience to decide about evaluations. User will not hold LandGate liable for any losses User may experience in the conduct of their business. LANDGATE HAS NOT AND WILL NOT MAKE OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANT OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, ABOUT THE ECONOMIC EVALUATIONS, OR THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE WEBSITE. LandGate attempts to ensure that data provided is the latest available, but User must use other tools to ensure that the data is up-to-date.
LandGate does not guarantee, represent or warrant that your use of the Website will be uninterrupted or error free. You agree that LandGate may, from time to time, remove service of the Website.
You expressly agree that your use, or inability to use, the Website is at your sole risk.
You agree to indemnify to the fullest extent LandGate and, its officers, members, employees, attorneys, and business partners from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of these Terms. You agree to indemnify LandGate, and its officers, members, employees, attorneys, and business partners from all claims and/or legal action against for providing information that may be inaccurate. By using this service in any form, you agree to indemnify and hold harmless LandGate, its officers, employees, business partners, attorneys, and any other person or entity involved in storing, retrieving, evaluating or displaying the data from any and all liability that may be caused by use of the Site. The term “liability” includes, but is not limited to claims, suits, expenses, damages, court awards, including costs and attorney fees incurred.
16. Limitation of Liability
IN NO EVENT SHALL LANDGATE, NOR ANY OF ITS MEMBERS, OFFICERS, EMPLOYEES, BUSINESS PARTNERS OR ATTORNEYS BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR MATERIALS, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT, OR OTHERWISE, AND LANDGATE, INCLUDING ITS MEMBERS, OFFICERS, EMPLOYEES, BUSINESS PARTNERS AND ATTORNEYS SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE OR MATERIALS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED BY LANDGATE.
You release LandGate and its officers, members, employees, attorneys, and business partners from any liability related to any and all claims that you may assert against third parties arising out of the Website.
18. Termination of Access
You agree that LandGate may terminate your access to the Website for cause, including but not limited to, as directed by law enforcement or governmental agencies, discontinuous or material modification of the Website, unexpected technical issues or problems, and at your request.
20. No Legal or Tax Advice
The information contained herein is under no circumstance to be construed as investment advice. LandGate does not provide accounting, tax or legal advice. All economics are given after severance, ad valorem taxes, and royalty payments, but before federal and state tax. It is the responsibility of the user to verify the local, state, and federal taxes for the properties they evaluate. It is also the user responsibility to calculate and retain the right amount of local, state, and federal taxes in their business, or oil and gas transactions.
LandGate shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification to or consent from you. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
LandGate is permitted to revise these Terms at any time as it sees fit, and by using the Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Website.
These Terms will be governed by and construed in accordance with the laws of the State of Colorado, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Colorado for the resolution of any disputes.
This site is protected by the United States Copyright laws and no reproduction of any material from this site is authorized. Any further use of this material is prohibited. Copyright 2018, LandGate Corp.
25. Entire Agreement