Agreement between user and Lantana Consulting Group, Inc.
The Lantana Consulting Group, Inc. (Lantana) Website is composed of web pages operated by Lantana. “Lantana Website” shall be defined herein to include lantanagroup.com and all other web pages and web services operated or hosted exclusively by Lantana (“Services”).
The Lantana Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Lantana Website constitutes your agreement to all such terms, conditions, and notices.
Lantana reserves the right to disclose aggregated data, or information or statements we publish that do not provide attribution to any identifiable individual. Similarly, we reserve the right to disclose data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user's confidentiality.
Links to third-party sites
The Lantana Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lantana, and Lantana is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lantana is not responsible for webcasting or any other form of transmission received from any Linked Site. Lantana is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lantana of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of the Lantana Website, you warrant to Lantana that you will not use the Lantana Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Lantana Website in any manner, which could damage, disable, overburden, or impair the Lantana Website or interfere with any other party's use and enjoyment of the Lantana Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Lantana Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
Passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Lantana for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Lantana immediately at email@example.com. You agree to not share password or otherwise secured content on the Lantana Website.
Materials provided to Lantana or posted to any Lantana website
Lantana does not claim ownership of the materials you provide to Lantana (including feedback and suggestions) or post, upload, input, or submit to any Lantana Website (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Lantana and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with Lantana.
No compensation will be paid with respect to the use of your Submission, as provided herein. Lantana is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lantana’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
Lantana reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Lantana Website and the related services or any portion thereof at any time, without notice.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND LANTANA EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT LANTANA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LANTANA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LANTANA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE LANTANA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE LANTANA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LANTANA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE LANTANA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LANTANA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Except as specifically stated in these Terms, or elsewhere on this website, or as otherwise required by applicable law, neither Lantana nor its directors, employees, content providers, affiliates, or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, inability to use, or the performance of this website or its content, whether or not we have been advised of the possibility of such damages. Lantana uses reasonable efforts to ensure the accuracy, correctness, and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Except as prohibited by law, you will hold Lantana and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
Digital Millennium Copyright Act (DMCA) notices
Lantana respects the intellectual property of others, and, particularly as to user-generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide firstname.lastname@example.org the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- Description of the copyrighted work or other intellectual property that you claim has been infringed
- A description of where the material that you claim is infringing is located on the site
- Your address, telephone number and email address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf
Privacy and personal information
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode, and extent of advertising by Lantana on the Services are subject to change without specific notice to you.
All contents of the Lantana Website are Copyright 2023 by Lantana and/or its suppliers. All rights reserved.
All Lantana trademarks are strictly owned by Lantana, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any Lantana trademark without written authorization from Lantana.
The names of actual companies and products mentioned within the Lantana Website may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
General legal terms
The Terms constitute the whole legal agreement between you and Lantana and govern your use of the Services (but excluding any services which Lantana may provide to you under a separate written agreement), and completely replace any prior agreements between you and Lantana in relation to the Services.
You acknowledge and agree that the form and nature of the Services, which Lantana provides, may change from time to time with or without prior notice to you.
As part of Lantana’s continuing innovation, you acknowledge and agree that Lantana may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Lantana’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Lantana when you stop using the Services.
You acknowledge and agree that if Lantana disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
Unless you have been authorized by Lantana, you agree that you will not reproduce, copy, sell, trade, or resell the Services for any purpose. You agree that you are solely responsible for (and that Lantana has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Lantana may suffer) of any such breach.
You acknowledge and agree that while Lantana may not currently have set a fixed limit on the number of transmissions you may send, receive, or store/manage through the Services, such fixed limits may be set by Lantana at any time, at Lantana’s discretion.
You agree that if Lantana does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Lantana has the benefit of under any applicable law), this will not be taken to be a formal waiver of Lantana’s rights and that those rights or remedies will still be available to Lantana.
Unless Lantana has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software.
If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or Lantana (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of Vermont and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of Vermont. The arbitration requirement does not apply to requests for injunctive relief.
Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Terms, and your relationship with Lantana under the Terms, shall be governed by the laws of the State of Vermont, USA, without regard to conflict of laws provisions. You and Lantana agree to submit to the exclusive jurisdiction of the courts located within the State of Vermont to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Lantana shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.
These Terms are effective as of 2 May 2023.