PRIVACY POLICY
This Privacy Policy is effective as of October 2012.
We are committed to protecting your online privacy. Please read the following for more details about our privacy policy.
GrassChopper Landscape Management has developed this privacy policy ("Privacy Policy") to explain our practices regarding the use and disclosure of information we may obtain from users of our Internet website located at www.GrassChopperLandscape.com (the "Site") and to comply with applicable laws, rules and regulations. We believe that our practices allow us to provide great offers to you, without unnecessary use or disclosure of your information. If you have questions regarding this Privacy Policy, please send an email to contract@grasschopperlandscape.com, or call us at (704) 989-5716.
COLLECTING INFORMATION
For each visitor to our Site, our web server automatically recognizes only the consumer's domain name, but not the e-mail address unless the visitor has a static IP address, which may be recorded in our server logs. We collect the domain name and e-mail address (where possible) of visitors to our web page and aggregate information on what pages consumers access or visit. The information we collect is used to improve the content of our web page. Information volunteered on our Site by the visitor, such as survey information and/or site registrations or any personally identifiable information ("Personal Information") such as name, property address, mailing address, telephone number and email address (whether manually entered by the visitor or identified by us through use of a Neighborhood Discount #) may be used to provide you with information on new products and services or upcoming events or to provide you with updates to our website. If you requested information from us, we may contact you to discuss the information provided or to provide the information to you. If you would rather not receive this information from us in the future, please contact us through one of the channels identified in the "Opt-Out" section. Except as otherwise expressly provided in this Privacy Policy, we do not collect any personally identifiable information from individuals unless specifically provided by the individual. For example, you may voluntarily provide us with Personal Information when you request a quote for services on the Site, provide feedback on our products or services, send questions, solicitations, inquiries, critiques or comments to us. You are not required to provide Personal Information to access the Site. Personal Information might include: (a) contact information (e.g., name, address, phone number, date of birth and email address); (b) credit card information (e.g. credit card number); (c) information regarding certain of your preferences related to us or the Site; and/or (d) information regarding how you became aware of the Site. Personal information also includes information about an individual's activities, such as information about his or her activity within the Site, and demographic information, gender, geographic area, and preferences, when any of this information is linked to personal information that identifies that individual. We may also collect and store statistics and other non-personal information about the online activities of our visitors on an aggregate basis ("Non-Personal Information"). Non-Personal Information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. It includes non-personal information such as IP Address, browser type, system type, page hits, number of visits, web pages viewed and the length of visits to the Site. We may tie Personal Information to your IP Address for purposes of providing relevant information on products, services and offers to you when you revisit the Site. We may collect Non-Personal Information passively using technologies such as cookies. We use cookies to assign a unique identification to your computer. Cookies are files that your browser places on your computer's hard drive, which we may use to learn how you arrived at the Site. Cookies are also used to save and retrieve your e-mail address, password and preferences so you do not have to re-enter this information each time you visit the Site. In some cases we may track or collect information about your use of the Site by the numeric address assigned to the computer you are using (your IP address) or by the URLs that you come from or leave to. These methods also allow us to resolve server problems or administer the Site. We do not associate this information with any other Personal Information that you may have provided us. For reasons such as improving your experience at our Site or personalizing our Site to you (for example, providing better product and service recommendations or special offers or service recommendations that we think will interest you), we may supplement the information that you provide with information from third parties.
CHILDREN
We will not knowingly collect any Personal Information from children 17 years of age or younger. When you disclose Personal Information on the Site, you are representing to us that you are 18 years of age or older. If a person 17 years of age or younger has provided Personal Information to us, a parent or guardian should contact us at the email address or mailing address provided in the first paragraph of this Privacy Policy so that we can remove such Personal Information from our active databases.
USING YOUR INFORMATION
We or GrassChopper Landscape Management are the sole owners of all information collected on the Site. However, we are not in the business of sharing, selling, or renting any information gathered from the Site. We will not sell, share or rent the information gathered from the Site to others in ways that are different from what is disclosed in this Privacy Policy. The Personal Information that you provide will be available to us and GrassChopper Landscape Management, and our and their agents, representatives and affiliates (collectively, the "Receiving Parties"). By submitting Personal Information, you grant to the Receiving Parties a license to use such Personal Information for the purposes described in this section. Personal Information shall be used for the purposes indicated at the time you voluntarily provide such Personal Information. In addition, the Receiving Parties may also use your Personal Information, alone or in combination with the information submitted by other users, to improve the Site's navigation or infrastructure, in internal marketing analyses or reviews, and for other administrative purposes. Additionally, unless you notify us to the contrary, any Receiving Party may use your Personal Information in the future to provide you with information on products, services, special offers and/or deals. If you do not wish to receive these types of communications or allow a Receiving Party to use your Personal Information in such a manner, please contact us in the manner identified in the "Opt-Out" section below. We also might use Non-Personal Information to improve your experience on the Site and to enhance the Site. By using the Site, you grant the Receiving Parties a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute and transmit such Non-Personal Information for any purpose, and waive any moral rights and publicity rights in such Non-Personal Information. In all cases, however, any Receiving Party that has access to Personal Information or Non-Personal Information is required to use and protect such information in a manner consistent with this Privacy Policy and to use such information only to carry out the activities or services they are performing for you or for us.
OPT-OUT
If you choose to opt-out from allowing the Receiving Parties to use your Personal Information in the future to provide you with special offers/marketing communications, simply contact us directly at the email address, mailing address or phone number provided in the first paragraph of this Privacy Policy. Additionally, "Opt-out" instructions are contained in each special offer/marketing communication sent to you. Upon receipt and processing of an "opt-out" request, we will, within a commercially reasonable amount of time, remove your information from any listings used to provide you with special offers/marketing communications from Receiving Parties in the future. Please note that we may occasionally contact you for administrative purposes (including, without limitation, billing, as mandated by law for applications of product, newsletters or customer surveys) even if you unsubscribe from our email list.
CONTROLLING OR CHANGING YOUR INFORMATION
You may review, change, or request the deletion of your Personal Information and preferences at any time by contacting us at the email address, mailing address or phone number provided in the first paragraph of this Privacy Policy. We will then take all reasonable efforts to correct or remove your Personal Information from our active database.
SECURITY
We take every reasonable precaution to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. When our registration/order form asks you for Personal Information, that information may be encrypted and is protected with industry-standard encryption software - SSL. If we do so, we will notify you at that time if such encryption is available. Please note, however, that no data security measures can be guaranteed to be completely effective and we cannot guaranty the safety or security of your information. You understand that your use of the Site and submission of information to us is at your own risk.
LIMITS ON OUR ABILITIES
Your privacy is very important to us. However, due to the existing legal and technical environment, we cannot ensure that your Personal Information will not be disclosed to third parties in ways not described in this Privacy Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials that we, in our sole discretion, believe is required: (a) by law; (b) to protect and/or defend our property or other legal rights; and/or (c) to protect the personal safety, or property or other legal rights of others. In the event that all or substantially all of our stock and/or assets are transferred or sold to another entity, we might transfer Personal Information and Non-Personal Information to the acquiring entity.
CHANGES TO OUR PRIVACY POLICY
By using our Site, you consent to the collection and use of this information by us and GrassChopper Landscape Management. We use collected information in accordance with the privacy policy under which the information was collected. However, we reserve the right to change, modify, amend and/or update this Privacy Policy at any time with or without prior notice in our sole and absolute discretion. We will post such changes, modifications, amendments and/or updates on this webpage, and, if the changes are significant, a notice will be posted prominently on the Site, so that you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. However, your use of the Site following any changes, modifications, amendments and/or updates to this Privacy Policy constitutes your unconditional agreement to follow and be bound by this Privacy Policy as so changed, modified, amended and/or updated. You are responsible for reviewing this Privacy Policy each time you use or access the Site.
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TERMS OF USE
Last reviewed January, 2014.
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
In addition to reviewing the Terms of Use, please read our Privacy Policy. Your use of www.GrassChopperLandscape.com (the "Site"), owned or managed by GrassChopper Landscape Management., constitutes agreement to its terms and conditions.
We require that all persons or entities visiting the Site on the World Wide Web agree to the following terms and conditions. By accessing the Site, you confirm your agreement to and acceptance of these terms.
This Terms of Use Agreement (this "Agreement"), which includes the terms and conditions of the Privacy Policy (discussed above) and any Additional Terms (defined below), sets forth the terms and conditions governing your use of the Site and your access to and use of the webpage, sub-pages, URLs, links, the Marks (defined below), copyrights, information, other content and services offered on or through the Site (collectively, the "Services"). The Privacy Policy and any Additional Terms are incorporated into this Agreement by this reference. Except as otherwise indicated, any reference herein to this "Agreement" shall include the Privacy Policy and any Additional Terms.
Please carefully review this Agreement before accessing or using the Site. By accessing or using the Site, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time to time by us (as further described below). Further, certain areas of the Site, including, without limitation, access to product or service ordering services, may require registration and/or be subject to additional terms and conditions of use; and we will provide you with notice of such additional terms and conditions on your registration.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE.
1. We Reserve the Right to Revise this Agreement. We have the right to make changes and updates to any information contained within the Site without prior notice. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement, the Privacy Policy and to impose new or additional rules, policies, terms or conditions on your use of the Site without prior notice. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon our publishing them on the Site, and we will update the effective date of this Agreement. If the revisions are significant, a notice will be posted prominently on the Site to notify you of such revisions. Access to particular areas on the Site may be subject to additional or different terms and conditions, as we may specify from time to time. You are responsible for reviewing this Agreement each time you use or access the Site. Your continued use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. If this Agreement is terminated for any reason, Sections 4, 8, 9, 10, 12, 14, 15, 16 and 17 of this Agreement shall survive any such termination.
IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THIS AGREEMENT AND THE PRIVACY POLICY AND/OR ANY ADDITIONAL TERMS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (A) THIS AGREEMENT; (B) THE PRIVACY POLICY; AND (C) ANY ADDITIONAL TERMS.
In addition, offers or coupons made available on the Site might be subject to additional terms and conditions provided in conjunction with the offer or coupon. We will provide these terms and conditions to you or post them on the offers or coupons to which they apply.
2. We May Discontinue the Site at Any Time. We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of the Site. We may refuse or restrict anyone from access to any or all of the Site at any time.
3. Acceptable Use of the Site. In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees, if any, associated with such access. In addition, you agree not to: (1) use or access the Site for any purpose that is unlawful or prohibited by this Agreement; (2) use or access the Site in a manner that could damage, disable, overburden, or impair the server hosting the Site or the networks connected to any server hosting the Site; (3) interfere with any third party's use and enjoyment of the Site; or (4) attempt to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the Site through hacking, password mining or any other means.
(a) Individual Use. Unless otherwise specified, copyright and all copyrightable subject matter on the Site is owned by GrassChopper Landscape Management. To the extent that we have the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, we grant you permission to make one copy or otherwise download from the Site, information and materials (including related graphics), provided: (1) the materials are for internal, non-commercial use only, except as provided in (b) below; (2) you shall not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own individual use unless otherwise specifically authorized by us; (3) you keep intact all legal notices, credits, copyright, and other proprietary notices; (4) you agree not to alter the material in any way; and (5) you do not use the materials in a manner that suggests an association with any of GrassChopper Landscape Management or our products, services or brands. If attribution to us is included, limited quotations from the content are hereby permitted.
4. For purposes of this Agreement, the term "Prohibited Text" includes, but is not limited to, text that is obscene, defamatory, libelous, slanderous, lewd, violent, illegal, offensive, disparaging or includes inappropriate words, abbreviations, language, signs, symbols, references, content or other statements. For purposes of this Agreement, the term "Prohibited Content" includes, but is not limited to, content that we, in our sole and absolute discretion, determine violates any applicable law, as well as, that which (i) promotes, suggests or encourages (a) gambling, including, without limitation, any content related to online casinos, sports books, bingo or poker, (b) the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity, or other adult content, violence, or the use of alcohol or tobacco products, or (c) the taking up of arms against any person, government or entity, or otherwise challenge or seek to overthrow any government, or (ii) otherwise contains (a) content that infringes upon, or otherwise violates, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, (b) any obscene, defamatory, libelous, slanderous, lewd, violent, illegal, offensive, disparaging or inappropriate words, abbreviations, language, signs, symbols, references, content or statements, (c) content that is deceptive or fraudulent, (d) hate speech, or other discriminatory, disparaging or denigrating content, whether directed at an individual or a group, and whether based upon race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition, (e) content that disparages, denigrates, or uses adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, us, (f) content the primary purpose of which is to advance a religious denomination, expand membership or encourage conversion, or (g) content advancing a particular political party or candidate or supporting lobbying for any particular party or candidate, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort.
(a) Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Site. Accordingly, you shall not: (i) access or attempt to access data or materials not intended for you or any areas of the Site not intended for general public access; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, or overloading, "flooding," "mailbombing" or "crashing" the Site. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Site.
(b) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR "SPIDER" THE SITE OR ANY OF THE PAGES OF THE SITE INFRINGES ON OUR COPYRIGHTS. DO NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SITE.
(c) Termination. We have the right to terminate or restrict your access to the Site, unilaterally and without notice, in the event you violate this Agreement. We also reserve any and all remedies at law or equity in connection with the violation of this Agreement. We may and will terminate or restrict your access to, and use of, the Site immediately if we believe that your conduct fails to conform with this Agreement. Upon termination of your access to, and use of, the Site, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the Site. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Site, the Marks or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Site), you may also be subject to civil and criminal liability.
(d) You Are Responsible For All of Your Activities. You represent and warrant that any information you provide to us by means of the Site, including, without limitation, as part of any registration or application or to gain access to the Site, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Site including, without limitation, any content in the personalized areas of the Site, may be used only for its intended purpose. We expect that you will exercise caution, good sense and proper judgment in using the Site. You agree NOT to use the Site for or in connection with any of the following activities:
(e) Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
(f) Any fraudulent or illegal purpose;
(g) E-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another's privacy or exploits children, or transmitting any sexually explicit materials, including images and other content; and
(h) Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of our (or anyone else's) Site, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies.
(i) Account Password and User ID. You agree that you will comply with any security processes and procedures we specify with respect to access to or use of the Site. If you are required to become a registered user of the Site, you must receive or establish one or more passwords and accounts in the manner we designate. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. Accordingly, you shall maintain the security and confidentiality of your accounts. Do not divulge your password or account information to any third party. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that we shall not be responsible for any losses incurred in connection with any misuse of or failure to secure passwords, nor shall they have any responsibility whatsoever for your failure to comply with this Section.
(j) Ownership. Information and materials posted by us on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by GrassChopper Landscape Management, us or third parties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user a license under any copyright, trademark, patent or other Intellectual Property Right (defined below) of us or any third party. We provide the content of this Site for lawful purposes only. The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services displayed on the Site, including without limitation, any variation of the term or phrase "GrassChopper Landscape Management" (collectively, the "Marks") and other Intellectual Property Rights are GrassChopper Landscape Management's registered and/or common law marks or other Intellectual Property Rights and may not be used in any manner without GrassChopper Landscape Management's prior written consent. Other products and service marks are trademarks of us or their respective owners. All content and materials on the Site including, without limitation, the Marks, button icons, images, audio clips, and software, copyrights, patents and other Intellectual Property Rights included in the Site, are GrassChopper Landscape Management's or our property or our licensors' property and are protected by United States and international copyright, patent, trademarks, and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the Site is our exclusive property and is protected by United States and international copyright laws. All software used on the Site is our property or our licensors' property and is protected by United States and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material on the Site is permitted without the express written permission of us and any other applicable copyright owner. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on the Site, but you may download, display and print one (1) copy of the content displayed on the Site on a single computer for your personal-non-commercial use (see Section 4(a) above). You will not use the Marks or other Site content on any site, website, web page, portal, or on any form of advertisement which you operate, authorize or control without GrassChopper Landscape Management's or our express written permission. You may not use the Marks or copyrighted materials in any search engine descriptions, content, meta-tags, "white lettering", key words, or other means of directing or influencing web traffic to any website, web page, portal or e-mail operated, controlled or authorized by you without our express written permission and your doing so constitutes a violation of our rights under United States federal and state law, and other international laws and is a breach of this Agreement. You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporates any content from the Site, the Marks, our copyrighted materials or any marks that are confusingly similar to the Marks. You may not resell the Services (or any part thereof). You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks or copyrighted material from the Site. All rights not expressly granted under this Agreement are expressly reserved to us. If you believe your rights under applicable copyright laws are being infringed, you may notify us in accordance with the instructions set forth in Section 17 hereof. For purposes of this Agreement, the term "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
(k) Use and Access Outside the United States. The Site is hosted in the United States. If you visit from the European Union or other foreign jurisdictions, please note that (a) we make no representations or warranties that the information, products or services contained on the Site is appropriate for use or access or is available in other jurisdictions and (b) these jurisdictions have laws governing data collection and use that may differ from United States law. You should be aware that if you transfer personal information to us through the Site, you are transferring such information to the United States and the United States does not have the same data protection laws as the European Union and some other regions. By providing personal information to us, you consent to the transfer of it to the United States and the use of it in accordance with the Privacy Policy.
5. We May Provide Third Party Content on the Site. We may occasionally provide third party content or link to third party websites on the Site. Such websites are not under our control. Accordingly, we make no representations whatsoever concerning the accuracy, reliability, content or availability of the information, products, and/or services found on or through such websites. The fact that we have provided a link to a site is NOT an endorsement, authorization, sponsorship, or affiliation by us with respect to such site, its owners, or its providers. We are providing these links only as a convenience to you. We have not tested any information, software, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the internet. We do not make any representations or warranties as to the security or use of any information (such as credit card and other sensitive information) you might provide on or through any such websites. You should review the third parties' terms of use and privacy policies before you use their services.
6. Information Provided by You. Any information provided by you to us, including but not limited to feedback, data, questions, comments, suggestions, information, ideas, concepts, knowledge, techniques, content, or materials (collectively, "Submissions"), shall be deemed to be non-confidential and we assume no obligation to protect same from disclosure. We shall have no obligation of any kind with respect to such information and unless we indicate otherwise, you grant GrassChopper Landscape Management, and our agents, representatives and licensees (the "Receiving Parties") a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, disclose, distribute, modify, adapt, publish, translate, create derivative works from, distribute, and display the Submissions, for any purpose, including but not limited to developing, manufacturing or marketing products and/or modifying or improving the Site, throughout the world in any media. You grant the Receiving Parties, and any of the Receiving Parties' sublicensees, the right to use the name that you submit in connection with such Submissions, if the Receiving Parties choose.
7. Consent to Monitoring. We are under no obligation to monitor the information residing or transmitted to this Site. However, anyone accessing this Site agrees that we may monitor the Site to: (1) comply with any necessary laws, regulations or governmental requests; and (2) in our sole discretion, operate the Site in a manner we deem proper or to protect against conduct we deem inappropriate. We shall have the right but not the obligation, to reject or eliminate any information residing on or transmitted to the Site that we, in our sole discretion, believe is unacceptable or inconsistent with these terms and conditions. The submission of information or materials to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by us for any purpose whatever.
8. Compliance with Laws. You may use the Site only for lawful purposes. The use of the Site is subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Site. This obligation includes your agreement to comply with all applicable laws, regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorization from us.
9. Your Access to Certain Services. As a convenience and courtesy to you, we may provide you access to certain webpages of the Site for purpose of contracting with us to sell products or services to you. If we do so, any offers or sales made in connection with the use of such webpages will be subject to our purchase policies and this Agreement. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You may obtain a copy of this Agreement by printing it now at no additional cost to you or by contacting us at the email address provided in Section 18 of this Agreement. We may charge you up to $10 per copy of this Agreement if you request that we send you additional copies. In addition, you understand that certain services on the Site such as a general contents page and a current information page (which provides information that may include, without limitation, news of interest to users of the Site) may include materials and information from third parties, and you acknowledge and agree that we have minimal control over such information. Accordingly, we cannot guarantee, represent or warrant that the content contained in the Site is accurate, appropriate to you, and/or inoffensive (see Section 5).
10. We Make No Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE SITE OR THE INFORMATION CONTAINED ON THE SITE. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE, NONINFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, DELAY OR ERROR-FREE MANNER (INCLUDING, WITHOUT LIMITATION, ANY ERRORS, DELAY OR INTERRUPTIONS DUE TO PROBLEMS WITH COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD OR FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE CONNECTIVITY), OR THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. IN ADDITION, NO ADVICE OR INFORMATION GIVEN BY US, OUR AFFILIATES OR OUR OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES BASED ON USER-PROVIDED INPUT ON ANY SALES TRANSACTIONS PAGE OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
11. Limitation of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND GRASSCHOPPER LANDSCAPE MANAGEMENT, AND OUR AND THEIR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, PARTNERS, SUCCESSORS, ASSIGNEES, LICENSEES, AGENTS, VENDORS, CONTRACTORS AND SUPPLIERS (COLLECTIVELY, "INDEMNIFIED PARTIES") WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, COPYING, OR DISPLAY OF THE CONTENT RESULTING FROM ACCESS TO OR USE OF THIS SITE, OR THE INTERNET GENERALLY, THIS AGREEMENT OR THE USE OF ANY ASPECT OF THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE CONTENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. WE MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME.
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Indemnity. You agree to indemnify and hold harmless the Indemnified Parties, and, at our request, to defend the Indemnified Parties from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) any aspect of the Site, your breach of this Agreement, or any other activities of yours accomplished using the Site.
13. Order of Precedence. This Agreement governs your use of the Site. This Agreement does not modify, alter or amend any other agreement, if any, you have entered or will enter into with us or any of our related or affiliated entities. To the extent that any provision of this Agreement, or any supplemental agreement offered as part of any registration for Services on the Site conflicts with any provision of your other agreements with us or any of our related or affiliated entities, the terms of this Agreement shall control.
14. Dispute Resolution. If a dispute arises out of or relates to this Agreement or its breach (with the exception of rights to injunctive or equitable relief with respect to Intellectual Property Rights and obligations with respect to confidentiality), then the dispute shall be resolved in binding arbitration in accordance with the following procedures: (i) the dispute must be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction, (iii) the location of the arbitration shall be within fifty miles of our principal place of business, as identified in Section 18 of this Agreement, and (iv) any such controversy or claim shall be arbitrated on an individual basis, and shall not be commenced, conducted or consolidated in with any claim or controversy of any other party. Notwithstanding the foregoing, we may seek injunctive or equitable relief with respect to Intellectual Property Rights and obligations with respect to confidentiality with respect to Intellectual Property Rights and obligations with respect to confidentiality, in any court having proper jurisdiction, and you consent to exclusive jurisdiction and venue in such courts.
15. Choice of Law and Forum. Subject to Section 14, by accessing or using the Site, you and we each agree that the substantive laws of the State in which we are located, as identified in Section 18 of this Agreement, will govern with respect to all matters relating to or arising from this Agreement, or the use of (or inability to use) the Site, and that such laws will apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth above, you and we agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state and federal courts located within fifty miles of our principal place of business, as identified in Section 18 of this Agreement, with respect to such matters. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred. If you access this website from outside of the United States of America, then you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
16. Miscellaneous Terms. Subject to the terms of this Agreement and our other operating rules and policies for the Site, this Agreement constitutes the entire agreement between you and us with respect to the subject matter addressed herein, and governs your use of the Site, superseding any prior agreements between you and us relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with us. Neither the course of conduct between the parties nor trade practices shall act to modify this Agreement. We may assign our rights and duties hereunder to any party without any notice to you. You may not assign this Agreement without our prior written consent. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Without limiting the foregoing, the Services and the Site are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. IF SO, PLEASE DO NOT ACCESS THE SITE.
17. Copyright Notice and Takedown Policy Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to us at the address indicated below in Section 18.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3(A), the notification must include the following:
an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material that you claim is infringing is located on the Site sufficient to allow us to locate the material;
identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
your address, telephone number, and e-mail address;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
18. Questions, Comments or Concerns. If you have any questions, comments, or concerns regarding this Agreement, including, without limitation, the Privacy Policy, and/or the Site, or are providing notification of claimed copyright infringement in accordance with Section 17 above, please contact us below:
GrassChopper Landscape Management
5933 Meadowmere Drive
Mornoe, NC 28110
(704) 989-5716
Contact@GrassChopperLandscape.com