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.
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.
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 firstname.lastname@example.org
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.
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.