811spotter Terms and Conditions of Use

Updated: 7/28/2021

These are the Terms and Conditions of Use (the “Terms of Use”) for the websites (collectively the “Site(s)”), titles, features, content, software, updates, audio content, video files, downloadable content, add-ons, products, and/or modified versions made available on our Sites (the “Content”), of Lantern Data System, LLC doing business as 811spotter, a Delaware limited liability corporation and its subsidiaries and affiliates (collectively, the “Company”, “811spotter”, “we”, “our” or similar references). By using this Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these Terms of Use, you should not use this Site.

We reserve all rights that are not expressly granted to you in these Terms of Use. We reserve the right to change these Terms of Use at any time, without notice to you. Your continued use of this Site following any such changes will constitute your acceptance of any such changes. Accordingly, you should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these terms may be superseded or supplemented by expressly designated legal notices or terms located on particular pages at this site.

1. Agreement. These Terms of Use specify the terms and conditions for access to and use of the Site. These Terms of Use may be modified at any time by the Company upon posting of the modified Terms of Use. Any such modifications shall be effective immediately. You can view the most recent version of these Terms of Use at any time at 811spotter.com\terms. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms of Use.

2. Privacy. Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at 811spotter.com/privacy.

3. Ownership. All content included on this Site is and shall continue to be the property of 811spotter or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intended Audience. This Site is not intended for any children under the age of 18.

5. Trademarks. “811spotter” and other terms are either trademarks or registered trademarks of the Company. Other product, service, and company names mentioned on this Site may be trademarks of their respective owners.

6. Site Use. You should assume that all contents of this Site are copyrights unless otherwise noted. You may not use materials on this Site in a manner that is inconsistent with these Terms and Conditions. You may freely view and use this Site and download material solely for your own personal, non-commercial use, provided that you retain all copyright notices and other proprietary notices contained in the original downloaded materials or any copies of the materials. However, you may not otherwise use, modify, display, copy, download, distribute, reproduce, retransmit or create derivative works from, the materials at this Site or that you download from this Site, without the prior written consent of 811spotter. Nothing in this Site creates, by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of 811spotter or of any third party. Any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. Breach of any of these terms results in termination of your authorization to use this Site, and upon a breach, you must immediately destroy any downloaded or printed materials.

Nothing on this Site gives you any license under any of 811spotter’s or any third party’s intellectual property rights. No logo, graphic, sound or image may be copied or retransmitted, without our written consent.

As a condition of your use of this Site, you represent to 811spotter that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Site in any manner that could damage, disable or impair this Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

811spotter does not claim ownership of any materials or information that you may provide to us via this Site (including questions or other communications) or post, upload or submit to us. However, by posting, uploading, or providing your submission, you are granting 811spotter and its affiliates and licensees permission to use your submission in connection with 811spotter’s business, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat your submission.

By providing your submission, you represent and warrant to us that you own or otherwise control all of the rights to your submission, including, without limitation, all the rights necessary for you to provide the submissions. The use of the Site is at the discretion of the Company and the Company may terminate your use of the Site at any time.

7. Links to Third Party Sites. We may provide certain links to other web sites. When you click on these links, you leave 811spotter’s Site. The links are provided as a service to users and are not sponsored by, affiliated with or controlled by 811spotter. You access any such links at your own risk. 811spotter makes no representations or warranties about the content of these links, or about the terms of use or privacy policies that may apply to such other sites. The inclusion of a link does not imply endorsement by 811spotter of the linked web site.

8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that any information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. As a condition of use of this Site, you, the user, agree to indemnify 811spotter, our affiliates, and officers, directors, employees and agents, and its providers (together, “indemnified parties”), from and against any and all liabilities, losses, damages and expenses, including attorneys’ fees, arising out or relating to your use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these Terms of Use or unauthorized use by you of this Site. You agree to cooperate as reasonably required in the defense of any such claim. We reserve the right, at our expense, to assume the defense and control of any claim with respect to which an indemnified party may be entitled to indemnification hereunder.

9. Disclaimer. We are providing this Site and the information and material contained herein on an “as is” and “as available” basis. This Site might contain errors or inaccuracies and may not be free from viruses. Your use of this Site and your reliance upon any information or material contained herein is at your own risk. We do not make any representations about the accuracy, completeness, timeliness, legality in your jurisdiction, reliability, currency, quality or suitability of this Site or any information or material contained herein. This Site and the information and material contained herein is provided to you without any warranties, express, statutory or implied. Without limiting the foregoing, ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ARE HEREBY EXPRESSLY DISCLAIMED.

10. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. The Company reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Applicable Law. The Site is administered by 811spotter from, and may be operated from servers located in, the State of California. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. All users of this Site expressly consent to the exclusive jurisdiction of the state or federal courts located in Sacramento, California, without regard to the conflicts of laws principles of any other state or country.

13. Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect.

14. Termination. The Company may terminate this Agreement at any time, with or without notice, for any reason or no reason.

15. Contact Information. If you have any questions about this Agreement, please contact us via email at: terms.questions@811spotter.com.