Professional Landscape Design Software
TERMS AND CONDITIONS OF USE
   

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These and Conditions of Use (“Terms of Use”) apply exclusively to your access to, and use of, the IdeaSpectrum.com web site, owned by Idea Spectrum, Inc. ("Company"), located at www.IdeaSpectrum.com (the "Site") and the information and other services provided therein (the "Services"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the web site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Terms of Use.

Copyright and Trademark Information
Copyright ©2016, Idea Spectrum, Inc. All rights reserved. We or our content providers own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions. Hypertext linking to this web site without the prior written permission of Idea Spectrum, Inc. is strictly prohibited. Inquiries to obtain permission for such linking should be addressed to support@ideaspectrum.com.

You may use the content on our web site only for your own information purposes. Publishing, broadcasting, modification, distribution, and transmission in any way without the prior written consent of Idea Spectrum, Inc. is strictly prohibited. Idea Sprectrum reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below) for your personal use. However the copies must be for your own use.  You cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.

Idea Spectrum®, Realtime Landscaping®, Realtime Landscaping Architect™, Realtime Landscaping Pro™, Realtime Landscaping Plus™, Realtime Landscaping Photo™, Client Dream™, and Water Garden Studio™ are the trademarks of Idea Spectrum, Inc. They may not be used in connection with any third party products or services.

Feedback.  If you provide us with any feature requests, comments, suggestions or other feedback ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.

WARRANTY DISCLAIMER
WE PROVIDE CONTENT ON THIS WEB SITE AS A SERVICE TO YOU, OUR CUSTOMER. OUR WEB SITE MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT OF THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. IDEA SPECTRUM, INC. EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OR TRANSMISSION OF PERSONAL INFORMATION BY THIRD PARTIES.

TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, IDEA SPECTRUM, INC. ITS SUPPLIERS, CONSULTANTS, DIRECTORS, OFFICERS AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS WEB SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, "CONTENT"), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IDEA SPECTRUM, INC. DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. IDEA SPECTRUM, INC. DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED ON THE WEB SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.

THE IDEA SPECTRUM, INC. WEB SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES. IDEA SPECTRUM, INC. IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. IDEA SPECTRUM, INC. MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY IDEA SPECTRUM, INC.  IDEA SPECTRUM, INC. DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.

THIS WEB SITE IS OPERATED IN THE STATE OF WASHINGTON, UNITED STATES OF AMERICA AND IDEA SPECTRUM, INC. MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.

LIABILITY DISCLAIMER
AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR WEB SITE AND USE OF ITS CONTENT, YOU AGREE THAT IDEA SPECTRUM, INC. IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR INACTION IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF IDEA SPECTRUM, INC. ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM IDEA SPECTRUM, INC. IN THE APPLICABLE TRANSACTION. IDEA SPECTRUM, INC. SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF IDEA SPECTRUM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

Indemnity
You agree to indemnify Idea Spectrum, Inc. and its officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

  • any use by You or Your employees or agents of this web site in breach of these terms,
  • any claim that the uploading or emailing of any material by You or on Your behalf is an infringement of Your or any third party's copyright, trademark or other intellectual property rights;
  • any claim that the copying, modification, processing, printing, display, transmittal or other actions taken by us in accordance with these terms of any material uploaded or emailed by You or on Your behalf is an infringement of Your or any third party's copyright, trademark or other intellectual property rights.

Changes to Web Site
Idea Spectrum may change the format and content of the web site (or any products or services offered by this web site) at any time.  Idea Spectrum may terminate or suspend the operation of this web site (or terminate or suspend provision of any products or services offered via this web site) for support or maintenance work, in order to update the content or for any other reason. Idea Spectrum may do this at any time and without notice.

Choice of Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to choice of law rules. Any disputes shall be submitted to mediation in King County, Washington prior to any litigation.  Litigation arising out of or in connection with the use of this web site or Idea Spectrum, Inc. products shall be exclusively in state or federal courts located in King County, Washington. In any action to enforce this Agreement, the prevailing party shall be entitled to recover all court costs and expenses and reasonable attorneys' fees, in addition to any other relief to which it may be entitled.

Waiver
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

Severability
If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect. These terms of use are the entire agreement between us governing your use of our web site and supercede any oral representations or agreements.  Any amendment of this Agreement must be in the form of a writing signed by authorized representatives of both parties.