Terms of Service

1. Acceptance of Terms

By accessing or using https://www.landbywater.com, creating an account, submitting a listing, purchasing a subscription, or using any Land By Water LLC service, users agree to these Terms of Service.

If you do not agree to these Terms, you should not use the platform.

2. Eligibility

Users must be at least 18 years old and legally able to enter into binding agreements. Users representing a business, brokerage, agency, or property owner confirm that they have authority to act on behalf of that entity or property owner.

3. Platform Services

Land By Water LLC provides an online marketplace for waterfront, land, recreational, lake, river, and coastal real estate marketing. The platform may support FSBO listings, agent listings, brokerage accounts, subscription plans, listing pages, buyer inquiries, and property discovery tools.

Land By Water LLC is a marketing platform and does not guarantee the sale, purchase, financing, inspection, appraisal, closing, or legal validity of any property transaction.

4. Accounts and Security

Users are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under their accounts. Users agree to provide accurate, current, and complete information and to update information when necessary.

We may suspend or terminate accounts that contain false information, violate these Terms, fail payment obligations, or create risk for the platform or other users.

5. Listings and User Content

Users are solely responsible for all property listings, photos, descriptions, pricing, acreage, water frontage, location details, contact information, and any other submitted content.

By submitting content, users represent that they have the legal right and authority to market the property and upload the submitted materials. Users must not submit false, misleading, infringing, unlawful, discriminatory, or fraudulent content.

6. Listing Accuracy Disclaimer

Land By Water LLC does not independently verify every listing, property detail, ownership claim, legal description, boundary, acreage, water access, zoning status, flood status, price, tax information, or seller representation.

Buyers, sellers, agents, and brokerages are responsible for conducting their own due diligence and consulting qualified professionals before entering into any real estate transaction.

7. Subscriptions, Billing, and Auto-Renewal

Certain services require paid subscriptions or listing plans. Subscription plans may include FSBO listing plans, agent listing plans, brokerage listing plans, or other paid services made available by Land By Water LLC.

Paid subscriptions renew automatically unless canceled before the next billing period. Users authorize recurring charges through the payment method provided at checkout. Users may cancel anytime to prevent future billing.

8. No Refund Policy

All payments, subscription fees, listing fees, and platform charges are non-refundable unless Land By Water LLC determines otherwise in its sole discretion or unless required by applicable law.

Canceling a subscription prevents future charges but does not create a refund for prior charges, unused time, unused listing capacity, or partially used billing periods.

9. Lead Routing and Communications

Buyer inquiries may be routed to listing owners, agents, or brokerages associated with a specific property. Land By Water LLC is not responsible for whether a lead results in contact, negotiation, showing, offer, contract, or closing.

10. Real Estate Disclaimer

Land By Water LLC is not responsible for legal, financial, brokerage, title, survey, appraisal, lending, insurance, tax, or inspection advice. Users should consult licensed professionals before making real estate decisions.

11. Prohibited Conduct

Users may not post false listings, impersonate another person or business, scrape data, harvest contact information, upload malicious code, interfere with platform operations, reverse engineer systems, violate intellectual property rights, or use the platform for unlawful activity.

12. Intellectual Property

The Land By Water name, branding, website design, marketplace structure, software, graphics, logos, copy, and platform systems are owned by Land By Water LLC or its licensors.

Users retain ownership of content they submit but grant Land By Water LLC a non-exclusive license to host, display, reproduce, distribute, promote, and market that content in connection with the platform.

13. Copyright Complaints

If you believe content on the platform infringes your copyright or intellectual property rights, contact us with a description of the claimed infringement, the location of the material, your contact information, and a statement that you have a good-faith belief the use is unauthorized.

14. Third-Party Services

The platform may rely on third-party services including Google Cloud, Supabase, Stripe, and Resend. Land By Water LLC is not responsible for outages, security incidents, pricing changes, errors, or failures caused by third-party providers.

15. Platform Availability

We may modify, suspend, update, discontinue, or restrict platform features at any time. We do not guarantee uninterrupted access, error-free operation, or permanent availability of any listing, page, account, or feature.

16. Disclaimer of Warranties

The platform is provided on an “AS IS” and “AS AVAILABLE” basis. Land By Water LLC disclaims warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and uninterrupted service to the fullest extent permitted by law.

17. Limitation of Liability

To the fullest extent permitted by law, Land By Water LLC shall not be liable for lost profits, lost business, lost data, listing inaccuracies, failed transactions, user disputes, property defects, third-party conduct, service interruptions, or indirect, incidental, special, consequential, or punitive damages.

18. Indemnification

Users agree to defend, indemnify, and hold harmless Land By Water LLC from claims, damages, liabilities, losses, costs, and expenses arising from user listings, submitted content, transactions, misuse of the platform, violation of these Terms, or violation of applicable law.

19. Termination

We may suspend or terminate access to the platform at any time if we believe a user has violated these Terms, failed to pay fees, created risk, submitted fraudulent information, or misused platform services.

20. Governing Law

These Terms are governed by the laws of the State of Missouri, United States, without regard to conflict-of-law principles.

21. Changes to These Terms

Land By Water LLC may update these Terms at any time. Updated Terms will be posted on this page. Continued use of the platform after changes are posted constitutes acceptance of the updated Terms.