TERMS OF USE

GENERAL APPLICATION.  Your access and use of this website or any other applications, social media, or other site owned or maintained by Lawn Pride, Inc., an Indiana corporation (“Lawn Pride”), is governed by the policies, terms and conditions set forth below (“Terms of Use”). Please read these Terms of Use carefully before using this website. This website is made available for your access and use only on the express condition that you agree to the Terms of Use set forth below. If you do not agree, then do not access or use this website. By accessing or using this website, you and the entity you are authorized to represent (hereinafter “you” or “your”) signify your agreement that you understand, accept, and agree to be legally bound by these Terms of Use for all Lawn Pride media applications. All business transactions and orders that you place through this website or other Lawn Pride media applications signifies your acceptance of these Terms of Use.

USER ELIGIBILITY AND TERMINATION OF USE.  In consideration of your use of the Lawn Pride website, you represent that you are of legal age to form a binding contract and are not a person or entity that is barred from receiving services under the laws of the State of Indiana. You also represent and warrant that all information you provide, as prompted by any forms that you complete on this website, shall be and remain, true, accurate, current and complete, and you further agree to update such information as needed. You agree that Lawn Pride, in its sole discretion, may terminate or suspend your use of this website and Lawn Pride Services at any time and for any or no reason in its sole discretion, even if access and use is allowed to others. Upon such suspension or termination, you agree to immediately discontinue use of this website and further agree that Lawn Pride shall not be liable to you or any third party for any termination or suspension of your access to this website and / or Lawn Pride’s products and services.

MODIFICATIONS. Lawn Pride, in its sole discretion, reserves the right to revise any of the content on this website, including, without limitation, the following terms, conditions, and policies, at any time without further notice to you. Your continued use of this website after any such changes to these Terms of Use shall mean that you accept those changes.

SERVICE TERMS AND CONDITIONS.  The service terms and conditions applicable to all products and services provided by Lawn Pride (“Terms and Conditions”) govern your use of any such products and services obtained through this website, in addition to any other terms and conditions that are applicable to such transactions as set forth in these website Terms of Use. The Terms and Conditions are hereby incorporated into these Terms of Use such that all references herein to the Terms of Use shall be deemed to include the Lawn Pride service Terms and Conditions.

LIMITATION OF LIABILITY REGARDING USE OF THIS SITE.  Your use of this website, and / or your inability to use this website, constitutes your agreement that Lawn Pride shall not be liable to you for, and you expressly waive and agree to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, lost data, or emotional or mental injury, whether based on warranty, contract, tort, or any other legal theory, regardless of whether Lawn Pride is advised of such damages. In no event shall Lawn Pride be liable to you for, and you expressly waive and agree to make no claim for, exemplary or punitive damages, or for statutory minimum damages, treble damages, costs,  or attorney fees, or other losses of any kind, related to or arising out of your use of this site, including, but not limited to, your browsing, downloading of any data, use of any material, viruses, and / or computer or electronic malfunctions of any nature.

INDEMNITY.  You agree to defend, indemnify and hold Lawn Pride and its affiliates, officers, directors, employees, representatives, and agents, harmless from any and all liabilities, costs and expenses, including reasonable attorney fees related to or arising from (a) negligent acts or omissions by you in connection with your use of this website, use of any information on this website, including, but not limited to, your browsing, downloading of any data, use of any material, viruses, and / or computer or electronic malfunctions of any nature; (b) claims for infringement of patents arising from the use of this website or use of any content contained herein by you other than for its intended purpose; and (c) claims of copyright infringement resulting from the use of this website by you other than for its intended purpose.

DISCLAIMER OF WARRANTIES.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND ALL INFORMATION CONTAINED HEREIN. LAWN PRIDE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY PRODUCTS, MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THIS WEBSITE. LAWN PRIDE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR AS A RESULT OF ANY DELAY, OMISSION OR ERROR IN ELECTRONIC TRANSMISSION OR RECEIPT OF ANY ORDERS OR OTHERWISE MADE PURSUANT TO OR VIA THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SITE CONTAINS INFORMATION OBTAINED BY LAWN PRIDE THAT INDUSTRY SOURCES BELIEVE ARE RELIABLE, BUT LAWN PRIDE MAKES NO WARRANTY AND DISCLAIMS ALL WARRANTIES AND LIABILITY REGARDING DATABASE ERRORS AND OMISSIONS, AND IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES OR OTHER INFORMATION CONTAINED IN THE INFORMATIONAL DATABASES ACCESSIBLE THROUGH, OR CONTAINED IN, THIS WEBSITE. YOU ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

PROPRIETARY RIGHTS / INTELLECTUAL PROPERTY. The entire right, title, and interest in the intellectual property rights and the entire content made available through this web site, including all copyright, patent, trademark, trade secret or other legal rights (collectively “Content”) shall remain the exclusive property of Lawn Pride, its affiliates, or third parties. No license or other rights of any kind are granted or conveyed by Lawn pride in transmitting or making available proprietary or copyrighted information through this website to you or by you access to this Lawn Pride website, except for the limited, personal, nontransferable, revocable license to access and use this website for the purposes expressly provided pursuant to these Terms of Use. Any use of any Content on this website in contravention of these Terms of Use, is strictly prohibited. Any use any copyrights, trademarks, service marks, patents, trade secrets, or proprietary information that is not expressly approved by Lawn Pride, in writing, constitutes a violation of these Terms of Use and / or a violation of other laws, and is strictly prohibited.

DIGITAL MILLENNIUM COPYRIGHT ACT.  PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT – Lawn Pride respects the intellectual property of others and we ask those posting to this site to do the same.  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 sufficient information to allow us to locate the material, including the following information:

1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.

2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the web site where it is posted or the name of the book in which it has been published.

4. Identification of the URL or other specific location on this site where the material that you claim is infringing is located.

5. Your name, address, telephone number, and email address.

6. 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.

7. A statement by you, made under penalty of perjury, that the above information you provide us is accurate and that you are the copyright owner or are authorized to act on the behalf of copyright owner.

The contact information for Lawn Pride’s agent for notice of claims of copyright infringement related to this website is as follows:

Woodard, Emhardt, Henry, Reeves & Wagner, LLP

111 Monument Circle, Suite 3700

Indianapolis, Indiana 46204

Attn:  Timothy Thomas

(317) 634-3456 or tnt@uspatent.com

USE RESTRICTIONS — INAPPROPRIATE SUBMISSIONS / CONTENT.  You agree that you will not submit any content to this website that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or otherwise objectionable, and that your submissions to this website will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You acknowledge that the actions Lawn Pride considers inappropriate and grounds for removal of offending material and termination of your access to this Lawn Pride website include, but are not limited to, the following:

• Using the Lawn Pride website to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;

• Using the Lawn Pride website to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;

• Using the Lawn Pride website to post any content that defames Lawn Pride or its officers, directors, or employees, or that subjects them to public scorn, ridicule, disparaging remarks, or would in any manner misrepresent the products or services offered by Lawn Pride;

• Using the Lawn Pride website to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;

• Failing to obtain all required permissions when using the Lawn Pride website to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;

• Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;

• Using the Lawn Pride website in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or

• Inputting, uploading, or introducing viruses, worms, Trojan horses, time bombs, or other harmful code or computer programming routines that are intended to damage or interfere with, intercept, this website or Content herein, or that infringes the intellectual property rights of another.

You agree that you will not disguise the origin of information transmitted through this website and that you will not place false or misleading information on this website. You further agree that you will not access any services, information, application, or software in a manner not expressly permitted by Lawn Pride. You acknowledge that any submission that you make to the Lawn Pride website, including, but not limited to, any photographs or other data of any type or kind, is submitted voluntarily and without restrictions.  You further agree that Lawn Pride shall have the unrestricted and unlimited right to delete or destroy, or to publish and use any such submission, in any manner that Lawn Pride chooses, as determined in the sole discretion of Lawn Pride. Lawn Pride may revise the foregoing acceptable use policies, without prior notice. Any such changes shall be posted by Lawn Pride on this website. You shall be responsible for periodically reviewing Lawn Pride’s online terms and conditions and use policies to apprise yourself of any changes thereto and you agree to be bound by all such changes.

PRIVACY POLICY. Lawn Pride respects your concerns about privacy. This privacy notice is to inform you that Lawn Pride may collect personal information in order to understand your specific needs to serve you better. The type of information that Lawn Pride may obtain about you includes, not by way of limitation, the following:  your name, address, email address, credit card number, telephone number, user name, password, geographic location, payment and other personal information that may be provided to Lawn Pride for products and services. By downloading, registering, or using this website or any other Lawn Pride mobile applications or social media sites, you agree to this privacy policy which may change from time to time and your continued use after any such changes shall be deemed an acceptance of those changes.

Lawn Pride may also use cookies and other technologies to enhance your online experience and to learn about how you use our website and services. A “cookie” is a text file that uniquely identifies the visitor’s browser and device characteristics. While most browsers accept cookies by default, you can manually set your browser to refuse all cookies, accept cookies from specific websites, or highlight when a cookie is sent to your browser. Lawn Pride servers may automatically record information when you visit our website, including the URL that directed you to our website, your IP address, browser type, the date and time of your visit, or other metadata. Your use of this website and / or your completion of any forms on this website constitutes your consent to Lawn Pride’s monitoring and collection of your information. To prevent unauthorized access and disclosure, to maintain data accuracy, and to ensure the appropriate use of your information, Lawn Pride utilizes industry standard physical, technical and administrative procedures to safeguard any personal information we collect. You agree to maintain the confidentiality of any usernames or passwords that you obtain for purposes of using this website and you acknowledge that Lawn Pride reserves the right to terminate your use of this website at any time as determined in the sole discretion of Lawn Pride. A link to another website from the Lawn Pride website does not constitute an endorsement or representation about the value, quality or usefulness of anything found on that third-party website or its privacy policies regarding the use of any information you may provide to websites accessed via links on this website.

LINKS TO OTHER SITES.  Lawn Pride makes no representations whatsoever about any other website that you may access though a hyperlink on the Lawn Pride website. When you access a non-Lawn Pride website, please understand that it is independent from Lawn Pride and that Lawn Pride has no control over its content. In addition, a hyperlink to a non-Lawn Pride website is at your own risk and shall not be construed as an endorsement or acceptance of responsibility for the content or use of the linked site. You must take whatever precautions you deem necessary before you use any hyperlink to access a non-Lawn Pride website.

JOB OPPORTUNITIES.  Lawn Pride is an equal opportunity employer. From time to time, Lawn Pride may post information on this website regarding employment opportunities with Lawn Pride.  In such event, you may inquire about completing an employment application with Lawn Pride.  No information set forth on this website shall constitute an offer of employment.

CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER OF THE LAWN PRIDE WEBSITE, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP.  YOU AND LAWN PRIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION.  YOU WILL NOT CONSENT TO THE CONSOLIDATION OF YOUR CLAIMS WITH THE CLAIMS OF ANY OTHER USER OF THIS WEBSITE OR GROUP OF USERS OF THIS WEBSITE WITHOUT THE EXPRESS WRITTEN CONSENT OF LAWN PRIDE, INC. ALL DISPUTES REGARDING THE ENFORCEABILITY OF THIS CLASS ACTION WAIVER SHALL BE DETERMINED BY ARBITRATION PURSUANT TO THE BINDING ARBITRATION PROVISION SET FORTH BELOW.

MANDATORY ARBITRATION.  Your use of the Lawn Pride website constitutes your express agreement that any and all claims that you may initiate against Lawn Pride which in any way relate to this website or to any information set forth herein, or to any contract, or other relationship with Lawn Pride, or to the lawn care services provided to you by Lawn Pride, shall be resolved by mandatory binding arbitration. This arbitration requirement applies to all claims, regardless of the legal theory under which such claim is brought, including claims sounding in equity, contract, tort, strict liability, fraud, or based on any other law or statute. The arbitration shall be conducted in Marion County Indiana under the Consumer Arbitration Rules of the American Arbitration Association and shall be governed by the Federal Arbitration Act. A demand for arbitration shall be made no later than one year after you knew or reasonably should have known of the factual circumstances giving rise to the claim.  An arbitration conducted hereunder shall not be consolidated with any other claims by any other person or entity and the Arbitrator’s decision shall be final and binding upon the parties. Any dispute regarding or related to the enforceability of this mandatory arbitration provision shall be decided by arbitration. If litigation or arbitration is initiated against Lawn Pride by you or the entity you represent in violation of these Terms of Use, or if Lawn Pride initiates or engages in litigation or arbitration against you or the entity you represent to enforce Lawn Pride’s rights under these Terms of Use, you and / or the entity you represent agree to pay Lawn Pride’s reasonable litigation / arbitration costs, including attorney fees, incurred in successfully enforcing the Terms of Use set forth herein. This arbitration provision shall survive the termination of your use of this website and shall survive the termination of any contract or other legal relationship you have with Lawn Pride. This mandatory arbitration provision is a material inducement to Lawn Pride allowing you to use the Lawn Pride website and to contract for services with Lawn Pride.  If you do not agree to this mandatory arbitration provision then you must cease using this website and you will be prohibited from contracting for services with Lawn Pride.    

 September 2020