Terms & Conditions

TERMS & CONDITIONS

LAWNCAREDIRECTORY.COM

  1. About these Terms of Service
  1. LawnCareDirectory.com is provided by Two Knights Media, Inc., its providers, licensors, and affiliates ("LawnCareDirectory.com," "we," "us," or "our"). LawnCareDirectory.com provides the LawnCareDirectory.com Services to the User ("you" or "your") subject to the Terms of this legal agreement between you and LawnCareDirectory.com.
  2. In order to use these Services (defined below), you must first agree to and accept these Terms of Service and Use Agreement ("Terms").  Your use of the Sites and Services (or any part thereof) shall constitute your agreement to the Terms and your obligation to comply with their requirements.
  3. LawnCareDirectory.com provides users with access to a wide range of Internet-based, interactive information services, general and personalized content, and interactive tools ("Services") which are accessible through LawnCareDirectory.com Site ("Site"), by all methods and technological mediums currently or prospectively developed. Your use of the Sites and Service are, at all times, subject to all the Terms set forth herein as well as the policies and guidelines of LawnCareDirectory.com that may be posted and modified from time to time, all of which are considered part of these Terms, including, without limitation, the Privacy Policy. The Privacy Policy is incorporated into this Agreement by this reference.  Each time you use LawnCareDirectory.com, you reaffirm your agreement and express consent to the terms of our Privacy Policy.
  4. We recommend that you retain a copy of these Terms in either electronic or tangible format for your subsequent reference. If you would like a printed copy of these Terms, it is your responsibility to use the print function available to you by means of your personal technology resources.
  1. Changes to these Terms

We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Sites, and any use of the Sites or Services after such revisions have been posted signifies your consent and agreement to the modified Terms.

  1. Using the Site
  1. Eligibility

By accessing, using, or registering for LawnCareDirectory.com and its Services, you are representing that you are 18 years and over, that you agree to provide true, accurate, current and complete information, that you are of legal competence to enter into a binding agreement with LawnCareDirectory.com, and are not otherwise prohibited from using or receiving the Sites and Services pursuant to the laws of the local or national jurisdiction from which you are accessing or using the Sites and Services. If you are not able to make the representations in the preceding sentence you are prohibited from using the Sites and Services, however, any unauthorized use of the Sites and Services by you shall be subject to these Terms until such unauthorized use has been terminated. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services represents their acceptance of the Terms.

  1. Registration

Registration is optional; however, you will need to register with us to use all of the services provided by LawnCareDirectory.com. We will open an individual member profile for you when you register on LawnCareDirectory.com. You must provide true, accurate, current and complete registration information. You agree to keep this information up-to-date. You represent and warrant that (a) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations (b) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (c) all information that you provide is true and current.

  1. License and Permitted Uses

We grant you a non-exclusive, non-transferable, limited license to access and use of LawnCareDirectory.com and the Content subject to the terms and limitations of this Agreement. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. All Content is licensed and not sold. Except as otherwise provided in any supplemental terms that may apply to certain Content, you may download and temporarily store insubstantial portions of Content that you purchase to one personal computer storage device under your exclusive control. You may use such Content only (1) to display internally such Content for your individual research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not use any robot, spider, other automatic device, or manual to access and copy our database. You may not store or use the Content to create an archival, searchable database of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. Use of LawnCareDirectory.com or its Content as a means of generating revenue through the sale of Content or information to others is strictly prohibited and is a violation of this agreement.

  1. Use of Content, Forums, Comment areas, Message Boards

The Content is provided "as is" and your use or reliance on such materials are solely at your own risk. The Content is intended for general information, general discussion, education, and entertainment purposes only. Content is not endorsed or verified by LawnCareDirectory.com. The Site is not intended to provide personalized accounting advice. Nothing contained on the Site may be provided or should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. LawnCareDirectory.com and our Users cannot and do not assume responsibility, and expressly disclaim all liability, for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users, and neither do we endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on LawnCareDirectory.com that violates this Agreement, as determined by us in our sole discretion. You acknowledge the we may investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their User account and/or reporting such Content, conduct, or activity to law enforcement authorities. You agree that we may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (a) protect or defend our and our Users’ legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (b) protect the safety and security of LawnCareDirectory.com Users or members of the public including acting in urgent circumstances; (c) protect against fraud or for risk management purposes; or (d) comply with application laws or other legal process.

  1. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

  1. Communications from LawnCareDirectory.com and other Users

By registering with LawnCareDirectory.com, you agree to receive certain communications in connection with the Site. You can opt out of non-essential communications.

  1. Content
  1. Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by LawnCareDirectory.com. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including but not limited to illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network.  You acknowledge that posting Content that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on LawnCareDirectory.com will at all times comply with the terms of this Agreement.
You are solely responsible for backing up any Content that you store on any customizable area on LawnCareDirectory.com. We are not responsible for the loss of any data or Content you elect to store on the Site. By submitting Content on LawnCareDirectory.com, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on LawnCareDirectory.com; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties’ consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.

  1. Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against LawnCareDirectory.com and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

  1. Ownership

LawnCareDirectory.com offers features where Users may post Content, including without limitation, areas to post business profiles and comments on forums and discussion boards. Except for the Content we and our Users license to you, we do not claim ownership of any Content posted by you or our other users.  We own the Site Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the LawnCareDirectory.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the LawnCareDirectory.com Content are retained by us.

  1. Advertising 

By submitting Content to the Site: (a) you grant us, our affiliates, and distributors a perpetual, worldwide and royalty free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content and (b) you grant other users of LawnCareDirectory.com free permission to view and use your Content. If you participate in any feature on LawnCareDirectory.com that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on the Site. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from LawnCareDirectory.com at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.

  1. Spam

You may not use LawnCareDirectory.com to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest Content or information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use LawnCareDirectory.com to violate the terms of this Agreement.

  1. Other

User Content does not necessarily reflect the opinion of LawnCareDirectory.com. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates the Content guidelines outlined in these Terms. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

  1. Lawn Care Listing Service
  1. Description and Disclaimers 

The LawnCareDirectory.com Listing Service is an optional fee-based service provided by LawnCareDirectory.com to move your company listing into a higher ranking in the LawnCareDirectory.com company browser and search results list for a 30-day ("Monthly") or 12-month period. A credit card is required to set-up the Lawn Care Listing for the monthly or annual period. Your credit card is billed at the time of your Listing submission. All Lawn Care Listings must conform to the LawnCareDirectory.com editorial guidelines, and must be relevant topically to the category and location. All Lawn Care Listings are subject to final approval by the LawnCareDirectory.com editorial team, which in their sole discretion may reject a Lawn Care Listing request for any reason. There are no refunds after you purchase a Lawn Care Listing. LawnCareDirectory.com reserves the right to decide whether, where, and how a Lawn Care Listing is listed. LawnCareDirectory.com reserves the right to reject a Lawn Care Listing submission.

  1. Listing Service Participation

This Lawn Care Listing Service shall be effective on the date you pay for your Listing or receive a listing for free as part of an offer, and will continue for an initial term ("Initial Term") of 30 days (1 month), or one year from this date. The Initial Term shall be renewed automatically for the same length of term as the Initial Term (a 30-day or one year) each ("Renewal Term") and the Monthly or annual fee will be billed to your credit card at the start of a Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your Lawn Care Listing will remain active until the end of your Initial Term or a Renewal Term, unless otherwise terminated by LawnCareDirectory.com. If you request that your Lawn Care Listing be removed before the end of the Initial Term or a Renewal Term for which you have pre-paid the recurring monthly or annual fee, you agree that LawnCareDirectory.com will not be required to refund any portion of such fee.

  1. Listing Service Permitted Use 

See License and Permitted Uses Section of this Terms of Service Agreement to review the permitted use of the Content provided in the Lawn Care Listings. We reserve the right to revoke the Listing Service from any User at any time.

  1. Fees and Payment

You agree to pay the applicable fees and charges for purchases that you make from LawnCareDirectory.com. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from LawnCareDirectory.com are disclosed in these Terms of Service. All charges are nonrefundable. If you are making a Content purchase or obtaining an optional service from LawnCareDirectory.com, you must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from the Site, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges. You agree that we may charge your payment method for all amounts due to us without additional notice or consent unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on LawnCareDirectory.com. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

  1. Mobile and Wireless Services

We may offer from time-to-time mobile applications and services.  If you access LawnCareDirectory.com through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from LawnCareDirectory.com that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.

  1. Refund Policy 

Due to the type of the information and services being sold, we unfortunately cannot accept returns of articles, profiles, lists or reports once they have been delivered. We cannot and do not warrant that the information available through this Service is accurate, complete or updated but rather is provided to the user 'as is'.

We understand that Annual Subscription customers may forget that they are signed up for service with us. As a result, we offer a limited refund only for these accounts and only if a refund inquiry is made within 7 days of the subscription renewal payment. Your subscription renewal begins at 12 a.m. EST on the day your payment is made. Any requests for a renewal subscription refund that is made more than 7 days after the 12 a.m. EST cut-off will not be honored.

Exceptional circumstances can take place with regard to the character of the product we supply. Although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted for our Service Team's approval. We reserve the right to rectify the error or defect within 7 business days of the e-mails receipt. If any deficiency is approved and we fail to correct it within 7 business days from the date that we received the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full. At a Customer's request, replacement of the product of the same or around the same value can be offered. Please be advised that temporary access to your account can be requested by our technicians in order to identify and fix the possible issues with our Products. Failure to provide such access in a timely manner may result in a delayed resolution of the issue. Refusal to provide access to your account will result in your inability to qualify for a refund.

Please note that we do not bear any responsibility and therefore we do not satisfy any refund/ return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc.) other than those which are specified as compatible in the description. We don't guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications. The customer may request PDF versions of the Business Kit.

As a Customer, you are responsible for understanding this refund policy upon purchasing any item on our site.

Our Service Team is always ready to assist you and deliver professional support in a timely manner. Thank you for purchasing our products or services.

  1. Billing Problems and Disputes

You must notify LawnCareDirectory.com about any billing problems or discrepancies within 30 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 30 days, you agree that you waive the right to dispute such problems or discrepancies.

  1. Indemnity

You agree to indemnify, defend, and hold LawnCareDirectory.com, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "LawnCareDirectory.com Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of the Site, (b) your violation of the Terms, (c) any products or services purchased or obtained by you in connection with the Site, or (d) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LawnCareDirectory.com. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Disclaimers and Limitations of Liability
  1. Disclaimer of Warranties

We provide LawnCareDirectory.com "as is," "with all faults," and "as available." Your use of LawnCareDirectory.com is at your own risk. We and our Users make no express warranties or guarantees about LawnCareDirectory.com and it’s Content. To the extent permitted by law, we disclaim implied warranties that LawnCareDirectory.com and its Content are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, timely, reliable, or non-infringing.  We do not guarantee the results that you may obtain from your use of LawnCareDirectory.com.  We do not guarantee that LawnCareDirectory.com will meet your requirements.  We do not guarantee that you will be able to access or use LawnCareDirectory.com at times or locations of your choosing.  No oral or written information or advice given by our representatives shall create a warranty.

  1. Limitation of Liability 

We, our parent, and our Users shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of LawnCareDirectory.com.  These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known the possibility of such damages.  Because some stats or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in these states or jurisdictions, our and our supplier’s liability in such state or jurisdiction shall be limited to the extent permitted by law. You agree, and you will require that any third party who indirectly uses the content provided by you ("Third Party User") to agree, that in no event shall we or our Users be liable for the results of any Third Party User’s use or reliance upon LawnCareDirectory.com, for its inability or failure to conduct its business, or for direct, indirect, incidental, special, consequential, or exemplary or punitive damages, including, without limitation, damages for lost profits, whether in tort (including negligence), contract, strict liability, under statute, in equity, at law, or otherwise.   In no event shall our or our Users’ cumulative liability to you for any and all claims relating to the use of LawnCareDirectory.com services exceed the total amount you paid for the particular LawnCareDirectory.com service within an immediate 12-month period.

  1. Choice of Law and Venue

New Jersey law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and LawnCareDirectory.com (a "Claim"), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction, and the exclusive venue of, the state and federal courts located within Morris County, New Jersey.

  1. Termination 
  1. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing LawnCareDirectory.com with a notice of termination.  Please review our Privacy Policy for information about what we do with your account when terminated.
  2. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
  3. In the event of any termination, whether by you or us, these Terms will continue in full force and effect, including our right to use Your Content.
  1. Electronic Contracting and Notices

You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding LawnCareDirectory.com (collectively, "Notices") or anything related to your use of the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.

  1. Procedure for Making Claims of Copyright Infringement  

If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) a description of the copyrighted work that you claim has been infringed and a description of the infringing activity; (c) 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; (d) identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material; (e) your name, address, telephone number, and email address; (f) 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; (g) 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 are authorized to act on the copyright owner's behalf.

  1. General Terms 
  1. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
  2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
  3. Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  4. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
  5. Any failure on the part of LawnCareDirectory.com to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  6. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
  7. The Terms are not assignable, transferable or sublicensable by you except with the prior written consent of LawnCareDirectory.com, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
  8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

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