Terms & Conditions

These Terms & Conditions (this “Agreement”) set forth the terms governing your access to and use of the websites, personalized design pages (each, a “pURL”), partner portal, and related products and services (collectively, the “Service”) operated by Lotcrest LLC, a New York limited liability company (“Lotcrest,” “we,” “us,” or “our”). This Agreement is a legally binding contract between you (“you” or “your”) and Lotcrest. By accessing or using any part of the Service — including scanning a QR code on a postcard we mailed you, visiting a personalized design page, submitting a contact form, or signing in to the partner portal — you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you are entering into this Agreement on behalf of a business or other legal entity (for example, as a contractor partner), you represent that you have the authority to bind that entity, in which case “you” and “your” refer to that entity. If you do not agree with the terms of this Agreement, you must not access or use the Service. You acknowledge that this Agreement is a contract between you and Lotcrest even though it is electronic and is not physically signed by you.

Lotcrest is a marketing and lead-generation company. The Service identifies recent home sales from public records, gathers publicly available property and parcel information along with licensed aerial imagery, and uses that information to create an illustrative, AI-assisted landscape and outdoor design concept of a property. We then mail the homeowner a personalized postcard with a QR code linking to a private page where the homeowner can view their design concept and, if they choose, ask to be connected with a licensed, insured local contractor partner (a “Partner”).

All designs, renderings, and visualizations produced by the Service are illustrative concepts only. They are not construction plans, engineering documents, architectural drawings, surveys, permits, or price quotes, and they must not be relied upon for construction, excavation, planting, grading, boundary determination, or any other physical work. Designs are generated in part using artificial intelligence and public data, and may not accurately reflect property boundaries, dimensions, elevations, utilities, easements, setbacks, zoning restrictions, or existing site conditions.

Lotcrest does not perform construction, landscaping, or any physical work of any kind. Any actual work is performed by independent Partners who are separately licensed and insured, and who are not employees, agents, or joint venturers of Lotcrest. If you engage a Partner, your contract is with the Partner alone. Lotcrest is not a party to, and has no responsibility for, any agreement between you and a Partner, including the scope, quality, pricing, scheduling, permitting, or performance of any work. Lotcrest makes no representation that any Partner will offer to perform work, or that any design concept can be built at any particular price or at all.

The Service is intended for use by adults. You must be at least eighteen (18) years old and capable of forming a binding contract to use the Service. Personalized design pages are intended for the addressee of the mail piece (or another adult owner or resident of the property) and do not require an account.

Partner portal accounts are available by invitation only. If you are issued an account, you are responsible for maintaining the security of your credentials and you are fully responsible for all activities that occur under your account. Credentials are personal and non-transferable and may not be shared with or used by any other individual or entity. You must promptly notify us at info@lotcrest.com of any unauthorized use of your account or any other breach of security. We may suspend, disable, or delete your account if we determine that you have violated this Agreement, provided false information, or engaged in conduct that could damage our reputation, goodwill, or the integrity of the Service.

To view your design or request an introduction to a Partner, you may be asked to submit your name, email address, and phone number, and to check a consent box. By checking the consent box and submitting the form, you provide your express written consent to be contacted by Lotcrest and by the Partner named on the form by telephone call, text message (SMS/MMS), and email — including calls and texts placed using automated technology or prerecorded messages — at the number and address you provide, about your design and related services. Consent is not a condition of any purchase. Message and data rates may apply, and message frequency varies.

You may revoke your consent at any time by replying STOP to any text message, clicking the unsubscribe link in any email, or emailing info@lotcrest.com. Revocation of consent will be honored across all channels — mail, email, and SMS — and we maintain a permanent do-not-contact suppression list to that end. We keep an immutable record of each consent you give (including its timestamp) as evidence of compliance with applicable telemarketing laws, including the Telephone Consumer Protection Act (TCPA).

When you submit information through the Service — such as your contact details, project notes, preferences, or answers to questions about your property — you represent that the information is accurate, that you are entitled to provide it, and that it does not violate any law or the rights of any third party. You grant Lotcrest a non-exclusive, royalty-free license to use that information as necessary to provide the Service to you, including sharing it with the named Partner as described in our Privacy Policy.

If you provide us with suggestions, ideas, feedback, testimonials, or other comments about the Service (“Feedback”), you grant Lotcrest a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, and incorporate that Feedback into the Service and our business without any obligation or compensation to you. We will not publish a testimonial that identifies you or your property address without your separate permission.

In addition to the other terms of this Agreement, you agree not to use the Service, or permit any third party to use the Service:

• for any unlawful purpose or in violation of any applicable law or regulation;
• to access, probe, guess, enumerate, or attempt to view personalized design pages that were not addressed to you or your household;
• to conduct any systematic or automated data scraping, harvesting, crawling, or extraction of content or data from the Service;
• to misrepresent your identity, your ownership of or relationship to a property, or your affiliation with any person or entity, or to submit false or misleading information;
• to interfere with, disrupt, or circumvent the security or proper functioning of the Service, including transmitting viruses or other malicious code;
• to copy, reproduce, resell, or commercially exploit any design, rendering, imagery, or other content from the Service except as expressly permitted by this Agreement; or
• to reverse engineer, decompile, or attempt to discover the source code or underlying models or data of the Service.

We reserve the right to suspend or terminate your access to the Service, and to pursue any other available remedies, if we believe you have violated any of these prohibitions.

The Service and all of its content — including design concepts and renderings, text, graphics, page layouts, software, and the Lotcrest name, logo, and marks — are owned by Lotcrest or its licensors and are protected by copyright, trademark, and other intellectual property laws. Aerial imagery displayed in the Service is used under license from government and other authorized sources. This Agreement does not transfer to you any ownership of any intellectual property, and all rights not expressly granted are reserved by Lotcrest and its licensors.

If a design concept was prepared for your property, Lotcrest grants you a personal, non-exclusive, non-transferable, non-commercial license to view, download, and share that design for your own household purposes — for example, showing it to family members or to contractors you are considering. You may not sell, license, or otherwise commercially exploit any design, remove any watermark or “illustrative” labeling, or present a design as a survey, plan, or professional work product. This license ends if you violate this Agreement.

The Service may link to or integrate with third-party websites and services, such as scheduling tools (for example, Calendly) used to book a consultation, and the websites of our contractor Partners. These third-party services are governed by their own terms and privacy policies, and Lotcrest does not control, endorse, or assume responsibility for them. Your use of any third-party service is at your own risk, and you should review the applicable terms and policies before using it.

A link from the Service to a third-party resource does not imply any approval, association, sponsorship, or affiliation with that resource unless expressly stated. Lotcrest is not responsible for the actions, products, services, or content of any third party, including any Partner.

THE SERVICE, INCLUDING ALL DESIGNS, RENDERINGS, PROPERTY DATA, AND OTHER CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LOTCREST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Without limiting the foregoing, Lotcrest makes no warranty or representation that any design concept is buildable, permitted or permittable, code-compliant, accurately scaled, or suitable for your property or budget; that property data (which is drawn from public records and licensed sources) is accurate, current, or complete; or that any Partner will perform, or perform satisfactorily, any work. Public records may contain errors, and aerial imagery may be outdated or may not reflect current site conditions. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOTCREST, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DIMINUTION IN PROPERTY VALUE, COST OF SUBSTITUTE SERVICES, OR LOSS OF DATA OR GOODWILL) ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, LOTCREST SHALL HAVE NO LIABILITY FOR ANY WORK PERFORMED (OR NOT PERFORMED) BY ANY PARTNER OR OTHER CONTRACTOR, OR FOR ANY DISPUTE BETWEEN YOU AND A PARTNER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF LOTCREST AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS RELATING TO THE SERVICE WILL BE LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNTS YOU ACTUALLY PAID TO LOTCREST FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. These limitations apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Lotcrest and its members, managers, officers, employees, agents, suppliers, and licensors from and against any liabilities, losses, damages, and costs, including reasonable attorneys’ fees, incurred in connection with any third-party claim, action, or demand arising from or relating to (a) information or content you submit through the Service; (b) your use of or access to the Service; (c) your violation of this Agreement or of any applicable law or third-party right; (d) any agreement, transaction, or dispute between you and any Partner or other contractor; or (e) your willful misconduct or negligence.

Our indemnification obligations, if any, and yours under this section are conditioned on the indemnified party promptly notifying the indemnifying party in writing of the claim, giving the indemnifying party control of the defense and settlement (provided no settlement admits liability of, or imposes non-monetary obligations on, the indemnified party without its consent), and providing reasonable cooperation at the indemnifying party’s expense.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND LOTCREST TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF FROM US. Except as expressly provided below, you and Lotcrest agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service (each, a “Dispute”) shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision. The arbitration shall be conducted by a single arbitrator in the State of New York (or remotely, at either party’s election), and the arbitrator’s decision shall be final and binding.

YOU AND LOTCREST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If a court decides that this class waiver is unenforceable as to a particular claim, that claim (and only that claim) shall be severed and brought in court, while all other claims proceed in arbitration.

Notwithstanding the foregoing, (i) either party may bring an individual action in small claims court for disputes within that court’s jurisdiction, and (ii) either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information. You may opt out of this arbitration provision by sending written notice to info@lotcrest.com within thirty (30) days of first accepting this Agreement; opting out will not affect any other provision of this Agreement.

This Agreement, and any Dispute arising out of or relating to it or the Service, shall be governed by the laws of the State of New York, without regard to its conflict-of-law rules, and, where applicable, the laws of the United States. For any claim not subject to arbitration and for any action to compel arbitration or enforce an arbitration award, the exclusive jurisdiction and venue shall be the state and federal courts located in Albany County, New York, and you consent to the personal jurisdiction of those courts. Each party waives any right to a jury trial in any proceeding arising out of or relating to this Agreement.

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, government action, labor disputes, internet or utility outages, or third-party service failures.

We may modify this Agreement from time to time. When we make material changes — such as changes that reduce your rights, expand your obligations, or alter the dispute-resolution or governing-law provisions — we will update the “Last updated” date at the top of this page and, where we have your contact information, provide notice by email before the change takes effect. Non-material changes (such as clarifications and typographical corrections) take effect immediately upon posting.

Your continued use of the Service after the effective date of a revised Agreement constitutes your acceptance of the changes. If you do not agree to a change, your sole remedy is to stop using the Service.

If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. The failure of Lotcrest to enforce any right or provision of this Agreement is not a waiver of that right or provision.

This Agreement, together with our Privacy Policy and any additional terms you agree to in connection with a specific feature of the Service (such as the partner portal), constitutes the entire agreement between you and Lotcrest with respect to the Service and supersedes all prior or contemporaneous understandings regarding the Service. You may not assign this Agreement without our prior written consent; we may assign it in connection with a merger, sale, or reorganization.

If you have any questions, concerns, or complaints regarding this Agreement or the Service, please contact us:

• Email: info@lotcrest.com
• Lotcrest LLC, a New York limited liability company (county of designation: Albany County, New York)

This document is a working draft prepared for launch and is pending attorney review.