TERMS AND CONDITIONS

The websites and mobile applications on which these Terms and Conditions ("Terms") appear are owned and operated by Lake Data Services, LLC, a Missouri limited liability company ("LakeMapper.com," "we," "our," or "us"). For purposes of these Terms, "Site" includes the LakeMapper.com website and any mobile applications we may offer, and "you" or "your" means the person accessing the Site and any persons that allow others to provide information about themselves to us. The Site may provide information, documents, tools, products, services, accounts, offers, and geographic real estate mapping data focused on lake properties (collectively, "Services").

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS, AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE'S HOMEPAGE, BY CLICKING ON A BOX OR ICON, OR BY DOWNLOADING A MOBILE APPLICATION, YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER (SECTION 24). These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator's decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. We will make commercially reasonable efforts to notify you of any material changes to these Terms however we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms except for changes to our agreement to arbitration, which is discussed more fully below. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms. You are responsible for regularly reviewing these Terms.

In addition to these Terms, your use of certain Services may be governed by additional agreements.

DESCRIPTION OF SERVICES

LakeMapper.com provides an online real estate portal specializing in lake and waterfront properties, featuring:

Geographic Mapping Services: Interactive mapping tools and geographic data specifically focused on identifying lakes and their associated properties. Our platform helps you locate lakes across the United States (excluding U.S. territories such as Puerto Rico and the U.S. Virgin Islands), map their geographic locations, and identify parcels adjoining each lake.
Property Information: Access to property data, ownership information, tax parcel data, and related real estate intelligence for lake properties. Property data is derived from public records, including county tax assessor records, and third-party data sources.
Data Enrichment Services: Enhancement of property records with owner contact details and other relevant information obtained from third-party data providers to support your marketing and business development efforts.
Direct Mail Services: Integrated direct mail capabilities allowing subscribers to send marketing materials, postcards, and other communications to property owners through our third-party direct mail service provider(s).
Data Export Tools: Ability to export property lists and marketing data based on plan type and subject to fee structure as outlined within the subscriber "wallet" and on the current pricing page: https://www.lakemapper.com/pricing.
Subscription Access: Multiple subscription tiers providing varying levels of access to our platform and services.

The specific features and capabilities available to you will depend on your subscription plan level.

PRIVACY NOTICE

Besides these Terms, we also publish a Privacy Notice. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.

ACCESSING THE SITE AND SERVICES

We reserve the right to withdraw or amend this Site, and any Services or Materials we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both: (i) Making all arrangements necessary for you to have access to the Site; and (ii) Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or certain of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.

ACCOUNT REGISTRATION AND SECURITY

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use your computer or mobile device, login information or any other means to access the Services, you will be held responsible for any transactions they undertake, and we will not be liable for any damages resulting to you.

Enterprise Accounts: If you subscribe to an Enterprise plan, you may designate authorized sub-users under your parent account. As the primary account holder, you are responsible for:

All activity conducted by your authorized sub-users
Maintaining the confidentiality of all account credentials
Ensuring all sub-users comply with these Terms
Adding or removing sub-user access as needed
All fees and charges incurred by any authorized sub-user.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

SUBSCRIPTION PLANS AND PRICING

LakeMapper.com offers the following subscription options:

Individual Subscriber Plans

Starter (Quarterly): Requires a three (3) month initial commitment with quarterly billing thereafter.
Starter (Annual): Twelve (12) month commitment with annual billing
Pro (Quarterly): Requires a three (3) month initial commitment with quarterly billing thereafter.
Pro (Annual): Twelve (12) month commitment with annual billing

Enterprise Subscriber Plans

Enterprise and custom service arrangements are available with separate rates, terms and conditions that may vary from this Agreement. To learn more about Enterprise and custom service arrangements, please visit https://www.lakemapper.com/contact

Activity-Based Fees

In addition to subscription fees, certain services may consume credits allocated to your subscription plan or incur additional charges on an activity basis. Additional credits may be purchased as needed. Activity-based services include, but are not limited to:

Direct mail campaigns and postcard mailings (charged on a per-piece basis, calculated and collected before order submission)
Data enrichment and append services (such as adding contact information to property records)
Premium data exports or bulk data downloads
Third-party data access fees

Activity-based pricing will be clearly displayed within the Site before you commit to any such services.

Promotional Offers

From time to time, we may offer free trials, promotional pricing, introductory discounts, or referral credits. Any promotional offers will be subject to the specific terms and conditions disclosed at the time of the offer. We reserve the right to modify or discontinue promotional offers at any time without prior notice.

Free Trial Terms: Select subscription plans may include a seven (7) day free trial. A valid credit card is required to start a free trial. If you sign up for a free trial, you will not be charged during the trial period. However, unless you cancel before the trial period ends, your account will automatically convert to a paid subscription and you will be charged at the then-current subscription rate. We will notify you before the end of your trial period to remind you of the trial end date and provide instructions on how to cancel if you do not wish to continue with a paid subscription.

PAYMENT TERMS

Accepted Payment Methods

We accept the following payment methods: Credit Cards (Visa, MasterCard, American Express, Discover)

Billing and Authorization

By providing a payment method and subscribing to our Services, you:

Authorize us to charge your payment method for all fees associated with your subscription and any activity-based services you utilize
Represent and warrant that you have the legal right to use the payment method provided
Agree to maintain current and accurate payment information

We use third-party payment processors to manage subscription billing and payment processing. By providing payment information, you authorize us to share your payment details with our payment processors and agree to comply with their applicable terms of service. We do not directly store your complete credit card information

Automatic Renewal

Unless you cancel your subscription prior to the renewal date, your subscription will automatically renew for successive periods equal to the initial subscription term (monthly or annual) at the then-current rates. We will provide you with advance notice before charging your payment method for each renewal period

Failed Payments

If any charge to your payment method fails, we reserve the right to:

Suspend or terminate your access to the Services
Attempt to process payment using updated payment information
Charge any fees associated with failed payment processing

You remain responsible for any uncollected amounts and any costs we incur in collection efforts.

Price Changes

We reserve the right to modify our pricing at any time. Price changes for existing subscribers will take effect at the next renewal period following notice of the change. We will provide you with reasonable advance notice of any price changes.

DIRECT MAIL SERVICES

Service Description

LakeMapper.com partners with one or more third-party direct mail service providers to offer integrated mailing capabilities. We work with specialized vendors to ensure quality printing, processing, and delivery of your direct mail campaigns. When you use our direct mail services, you are also subject to the terms and conditions of our direct mail service partners.

Your Responsibilities

When using direct mail services, you agree to:

Comply with all applicable federal, state, and local laws governing direct mail, marketing communications, and data privacy, including but not limited to the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), and applicable state-specific marketing laws
Ensure all content you submit for mailing is accurate, lawful, and does not violate any third-party rights
Verify that you have the legal right to contact recipients included in your outreach and to use their information for marketing purposes
Honor all opt-out, unsubscribe, or "do-not-contact" requests required under applicable law
Indemnify LakeMapper.com for any claims arising from your use of direct mail, email, or other marketing services

We share necessary information (including recipient addresses and mailing content) with our service providers solely for the purpose of fulfilling your direct mail orders.

Content Standards for Mailings

All materials submitted for direct mail must comply with the Content Standards outlined in Section 10 of these Terms. We reserve the right to refuse to process any mailing that we determine, in our sole discretion, violates these standards or applicable law.

Third-Party Service Providers

Direct mail fulfillment is provided through our partner vendors. We are not responsible for delays, errors, or failures in direct mail delivery that result from third-party service provider performance. Activity-based charges for direct mail services are calculated and collected before order submission to our fulfillment partner and are non-refundable once your order has been submitted for processing. Processing typically begins within 24-48 hours of submission to the fulfillment partner.

PROPRIETARY RIGHTS AND USE OF THE SITE

Unless otherwise specified in these Terms, all information and screens appearing on this Site are the sole property of us or our subsidiaries and affiliates, and other parties. We provide content through the Site that is copyrighted or contains protectable trademarks of us or our third-party licensors and suppliers (collectively, the "Materials"). Materials may include documents, services, software, site design, text, graphics, logos, video, images, icons, mapping data, and other content, as well as the arrangement thereof.

Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download the Materials for the sole purpose of using the Services for your internal business purposes in accordance with your subscription level.

Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors', or the Site's other user's intellectual property rights. All rights not expressly granted herein are reserved.

If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

Restrictions on Use of Property Data

Property data, mapping information, and geographic data provided through the Site are licensed for your use in accordance with your subscription level. You may not:

Resell, redistribute, or sublicense property data or mapping information to third parties for commercial purposes
Use automated tools (bots, scrapers, crawlers) to extract data from the Site beyond the export functionality we provide
Compile databases or datasets from Site data for commercial distribution or resale
Use data obtained from the Site in violation of applicable privacy laws or property owner rights

Permitted Sharing for Service Providers: If you are a real estate professional, lake management company, or other service provider using the Site to provide services to your clients, you may share property lists and property information with your clients as reasonably necessary to provide your professional services. However, you may not share property owner identity information or contact information without the property owner's consent, except as necessary for legitimate business outreach in accordance with applicable law.

Third-Party Data and Mapping Services: The Site incorporates mapping data and third-party datasets subject to the applicable licenses of those providers.

USER CONTRIBUTIONS AND CONTENT

The Site contains interactive features (collectively, "Interactive Services") that allow users to create, post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") on or through the Site. Interactive Services include, but are not limited to, the ability to create custom postcard templates using our embedded applications, flag lakes that may have been incorrectly identified due to water body recognition issues, and other user-generated content features we may offer from time to time.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary, and to the extent visible to other users and third parties, public information. Do not include any information in your notes or feedback that you wish to keep confidential. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Content Standards

These content standards apply to all User Contributions and use of Interactive Services, as well as to any content you submit for direct mail campaigns. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms and our Privacy Notice
Be likely to deceive any person
Promote any illegal activity, or advocate, promote, or assist any unlawful act
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
Impersonate any person or misrepresent your identity or affiliation with any person or organization
Involve commercial activities or sales that violate anti-spam laws or regulations
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

PERMITTED USES AND PROHIBITED ACTIVITIES

By accessing or using the Site, you agree that: (i) Your use of the Site is subject to and governed by these Terms; (ii) You will only access or use the Site and transact business with us if you are at least eighteen (18) years old; (iii) You will use the Site solely for its Services offered in the normal course of business; (iv) You will always act in accordance with the law and custom, and in good faith; (v) You will comply with and be bound by these Terms as they appear on the Site each time you access and use the Site; (vi) Each use of the Site by you indicates and confirms your agreement to be bound by these Terms; and (vii) These Terms are a legally binding agreement between you and us that will be enforceable against you.

You further agree to not use the Site in any way that: (i) Changes or alters the Site or content or Services that may appear on the Site; (ii) Impairs in any way the integrity or operation of the Site; (iii) Interferes with or induces a breach of the contractual relationships between us and our employees; (iv) Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; (v) Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications; (vi) Transmits any harmful or disabling computer codes or viruses; (vii) Harvests email addresses from the Site; (viii) Transmits unsolicited email to the Site or to anyone whose email address includes the domain name of the Site; (ix) Interferes with our network services; (x) Attempts to gain unauthorized access to our network services; (xi) Suggests an express or implied affiliation or relationship with us without our express written permission; (xii) Impairs or limits our ability to operate the Site or any other person's ability to access and use the Site; (xiii) Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity; (xiv) Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (xv) Dilutes or depreciates our or any of our affiliates' name and reputation; (xvi) Transmits or uploads content or images that infringe upon any third party's intellectual property rights or right to privacy; or (xvii) Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

Competitive Use Restriction:

You agree not to use the Site or Services to build, support, or develop any product or service that is competitive with or substantially similar to LakeMapper.com's Services.

PROPERTY DATA AND MAPPING INFORMATION

Data Accuracy

While we strive to provide accurate and current property data and mapping information, we make no warranties regarding the completeness, accuracy, timeliness, or reliability of any property data, geographic information, ownership records, or other information provided through the Site. Property information is derived from county tax assessor records, public records, USGS datasets, third-party mapping services, and third-party data sources and may contain errors, omissions, or outdated information.

No Professional Advice

The property data and mapping tools provided on the Site are for informational and business intelligence purposes only and do not constitute professional real estate advice, legal advice, appraisal services, surveying services, or title verification. You should independently verify all property information and consult with appropriate professionals before making any real estate or business decisions based on data obtained from the Site.

Third-Party Data Sources

Property data and mapping information are compiled from various public and third-party sources. We do not guarantee the accuracy of information provided by third parties and are not responsible for errors or omissions in such data. Geographic boundaries, lake locations, parcel boundaries, and property associations are approximate and should not be relied upon for legal, surveying, or conveyancing purposes.

ELECTRONIC COMMUNICATIONS

By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information, account updates, direct mail campaign confirmations, and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with us.

You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to: (i) Remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us; (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site; and (v) Terminate or suspend your access to all or part of the Site for any reason, including any violation of these Terms. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms
Non-payment of fees
Fraudulent or illegal activity
Violation of direct mail or anti-spam laws
Excessive or abusive use of the platform that impacts system performance
Sharing account credentials with unauthorized users
At our sole discretion

Upon termination, your right to use the Services will immediately cease. Termination does not relieve you of any payment obligations incurred prior to termination.

CANCELLATION AND REFUNDS

Cancellation by You

You may cancel your subscription at any time through your online account dashboard, or by visiting our Contact Us page or through the methods specified in Section 27.

Cancellation will take effect at the end of your current billing period. You will continue to have access to the Services through the end of the paid period, but your subscription will not renew.

Minimum Commitment Periods

Monthly subscriptions require a three (3) month minimum commitment. If you cancel a monthly subscription before the end of the three-month minimum period, you remain responsible for payment of all monthly fees through the end of the minimum commitment period.

Refund Policy

Subscription Fees: Subscription fees are non-refundable except as required by applicable law. If you cancel during a billing period, you will not receive a refund for that period but will retain access through the end of the period.

Activity-Based Fees: Fees for direct mail services, data enrichment services, and other activity-based charges are non-refundable once the service has been initiated or the order has been submitted for processing.

Exception: If we terminate your account due to our breach of these Terms or failure to provide the Services, you may be entitled to a pro-rated refund for any unused portion of prepaid subscription fees.

THIRD-PARTY LINKS AND SERVICES

This Site may link to other websites that are not sites controlled or operated by us (collectively, "Third-Party Sites"). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. The information provided does not constitute legal or accounting advice or counsel. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

MINIMUM AGE

We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.

DISCLAIMER OF WARRANTIES

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS, ANY CONTENT, OR OTHER POSTED MATERIALS ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE SITE, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU.

PROPERTY DATA DISCLAIMER: WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RELIABILITY OF ANY PROPERTY DATA, MAPPING INFORMATION, OWNERSHIP RECORDS, PARCEL BOUNDARIES, LAKE LOCATIONS, OR GEOGRAPHIC DATA PROVIDED THROUGH THE SITE. PROPERTY INFORMATION IS PROVIDED FOR INFORMATIONAL AND BUSINESS INTELLIGENCE PURPOSES ONLY AND SHOULD BE INDEPENDENTLY VERIFIED. WE DO NOT WARRANT THAT PROPERTY OWNER CONTACT INFORMATION IS CURRENT OR ACCURATE.

DIRECT MAIL DISCLAIMER: WE ARE NOT RESPONSIBLE FOR THE DELIVERY, TIMING, QUALITY, OR EFFECTIVENESS OF DIRECT MAIL SERVICES PROVIDED THROUGH THIRD-PARTY VENDORS. WE MAKE NO WARRANTIES REGARDING THE RESULTS OR OUTCOMES OF ANY DIRECT MAIL CAMPAIGNS.

LIMITATION OF LIABILITY

WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE MATERIALS, AND ANY CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (1) THE PRICE OF THE SERVICES PURCHASED IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY OR (2) FIFTY DOLLARS ($50). ENTERPRISE ACCOUNTS: NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT TO NEGOTIATE DIFFERENT LIABILITY LIMITS WITH ENTERPRISE ACCOUNT CUSTOMERS THROUGH SEPARATE WRITTEN AGREEMENTS.

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ADDITIONAL LIMITATIONS: WE SHALL NOT BE LIABLE FOR: (i) ANY DECISIONS MADE OR ACTIONS TAKEN IN RELIANCE ON PROPERTY DATA OR MAPPING INFORMATION PROVIDED THROUGH THE SITE; (ii) ANY DAMAGES ARISING FROM DIRECT MAIL CAMPAIGNS OR COMMUNICATIONS SENT USING OUR SERVICES; (iii) ANY CLAIMS BY THIRD PARTIES ARISING FROM YOUR USE OF PROPERTY DATA OR DIRECT MAIL SERVICES; (iv) ANY FAILURE TO ACHIEVE EXPECTED RESULTS FROM MARKETING ACTIVITIES CONDUCTED THROUGH THE SITE; (v) INACCURACIES IN PROPERTY OWNER CONTACT INFORMATION OR OTHER THIRD-PARTY DATA; OR (vi) ANY THIRD-PARTY DATA PROVIDER ERRORS, OUTAGES, OR FAILURES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors and third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Site. Such acts may include: (i) providing content to or communicating with us or, to the extent applicable, our subsidiaries or affiliates; (ii) unauthorized use of material obtained through the Site; (iii) engaging in a prohibited activity; or (iv) any other action that breaches these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

ADDITIONAL INDEMNIFICATION OBLIGATIONS: You specifically agree to indemnify us for: (i) Any claims arising from your use of direct mail services, including but not limited to claims of unsolicited marketing, privacy violations, harassment, or violations of the CAN-SPAM Act, TCPA, or other telemarketing or direct mail laws; (ii) Any claims by property owners or third parties arising from your use of property data obtained through the Site; (iii) Any claims that content you submitted for direct mail violates third-party intellectual property rights, privacy rights, publicity rights, or other legal rights; (iv) Any regulatory fines or penalties imposed due to your use of our Services in violation of applicable law; and (v) Any claims arising from your redistribution or misuse of data obtained from the Site.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
Description of the copyrighted work that you claim has been infringed
The location on the Site of the material that you claim is infringing
Your address, telephone number and email address
A statement that your claim of infringement is based on a good faith belief; and
A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Our designated agent for notice of alleged copyright infringement pursuant to the Digital Millennium Copyright Act is:

Paul Langhorst
Lake Data Service, LLC (DBA LakeMapper.com)
8740 Big Bend Blvd
Room L
Saint Louis, MO 63119
314-324-8685 (Change before launch)
Email: support@lakemapper.com

Our DMCA agent information is also registered with the U.S. Copyright Office and available in the Copyright Office's online directory at www.copyright.gov.

INJUNCTIVE RELIEF

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in St. Louis, Missouri. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in Section 27 below.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action ("Claim") between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the State of Missouri; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association ("AAA"). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. If this is a consumer-purpose transaction, the applicable rules will be the AAA's Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator's award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA's Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys' fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties' and the AAA's resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision. Stage One: In Stage One, if at least fifty (50) Claims are submitted as part of the Mass Arbitration, claimants' counsel and LakeMapper.com will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee. Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants' counsel and LakeMapper.com will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee. Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this arbitration provision and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at support@lakemapper.com and including in the subject line "Rejection of Arbitration Provision."

ACCESSIBILITY

LakeMapper.com is committed to ensuring that our website is accessible to all users, including individuals with disabilities. If you have difficulty accessing any part of the Site, please Contact Us so that we can provide you with assistance or information in an alternative format.

MISCELLANEOUS

Merger. These Terms (which hereby incorporate by reference any other provisions applicable to use of the Site) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Sites and information, software, products and services associated with it.

Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.

Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of St. Louis, Missouri, except where the jurisdiction and venue are mandated by applicable assignment.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Site as further described in our Privacy Notice.

No Waiver. No failure, omission or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site's postings as accurate as possible, but we do not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

QUESTIONS AND CONTACT INFORMATION

If you have any questions or comments about these Terms or this Site, please contact us by email at support@lakemapper.com.

You also may write to us at:

Lake Data Services, LLC
Attn: Customer Support Manager
8740 Big Bend Blvd
Room L
Saint Louis, MO 63119
314-324-8685 (Change before launch)

By using the LakeMapper.com Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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