I. Usage of WebSite(s), Lawnline Websites LLC website development platform and business tools.
These Terms and Conditions of Use (the "Agreement") constitute a legal agreement between you and Lawnline Websites LLC (the "Company") with respect to your access and use of the software developed and made available to you by the Company. Lawnline Websites LLC has created a computer-assisted website development platform. Its staff and customers use this software to create "derivative websites" ("Derivative(s)"). Derivative(s) are defined as any website which has been created, brought into existence, maintained, managed, edited, or controlled by usage of the Company's software and technology. Each Derivative possesses a control interface website, and a wide variety of associated business management tools. The scope of this User Agreement includes the Company's website development and management platform, and www.lawnlinewebsites.com. These are collectively termed the "Site(s)". The domain lawnlinewebsites.com, and all subdomains, are fully owned by the Company. Derivative Sites are owned by the individual customer. Your access and use of the Site(s) are conditioned upon your acceptance without modification of the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained in this Agreement, you may not access and use the Site(s). Your access and use of the Site(s) constitutes your acknowledgement that you have read, understand and agree to be bound by this Agreement. Please read the Agreement carefully and keep a copy of them for your reference.
This Site(s) and the services offered in connection with this agreement are available only to persons who can form legally binding contracts under applicable law. By using these Site(s), you represent and warrant that you are at least eighteen (18) years of age and otherwise able to form legally binding contracts under applicable law. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the legal authority to bind the entity to this Agreement. If you do not have the legal authority to bind the entity, you will be personally responsible for the obligations, including payment obligations, contained in this Agreement.
III. Electronic Communications
You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on or via the Site(s), satisfy any legal requirement that such communications be in writing.
IV. Your Account
If you use these Site(s), you are responsible for maintaining the confidentiality of and restricting access to your account and password and you agree to accept responsibility for all activities that occur on or in connection with the Site(s) under your account or password. You agree to immediately send notice to the Company if your password is compromised. You may not assign or otherwise transfer your account or any of your rights or obligations under this Agreement to, or share your account with, any other person or entity. You acknowledge that the Company is not responsible for third party access to your account resulting from your violation of this Agreement or theft or misappropriation of your account or password. You also acknowledge that The Company is not responsible or liable in any way from your actions resulting in disciplinary actions from professional organizations or associations. You acknowledge that the Company is not liable for any violations of copyright that you may commit. You also acknowledge that the Company is not responsible or liable for any actions you may commit that violates local or national laws or ordinances. The Company reserves the right to refuse or cancel service, terminate accounts or remove or edit content in its sole discretion.
V. Intellectual Property
You acknowledge and agree that the platform/software used to create the website is owned exclusively by the Company. Individual customer websites are owned by the customer. Customizations, graphics, content, and other media created specifically for the customer is owned by the customer. You further acknowledge and agree that the stock/template works of authorship contained in the Site(s), including, but not limited to, all design, text, images and source code, are owned or licensed by the Company (with the exceptions described below) and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used, in whole or in part, in any manner without the prior written consent of the Company. Lawnline Websites and Lawnline Websites LLC are trademarks of the Company. All other brands and logos (and domain names) on the Site(s) which have been specifically supplied by Customer will remain service/trademarks of their respective owners. Any original text or authorship provided by the customer will remain the property of its original copyright holder. Notwithstanding the above, the Company's software used to develop and manage customer websites, and all associated business tools, are NOT portable, that is the website(s) administrative control panel and tools cannot be "downloaded" and/or hosted with another vendor. You acknowledge that such an occurrence would cause irreparable harm to the Company, as the Site(s) utilize the Company's proprietary knowledge, methods and procedures. Such knowledge, methods, and procedures shall remain sole property of the Company at all times. Upon cancellation of your account with the Company, and only if your account is in good standing, you will be provided with an electronic copy of the content (code, text, and graphics) which you have written and supplied, or had the Company create specifically for you. This electronic copy will include informational pages, blog articles, contacts, and images which you have installed and own the copyright. You agree to observe and abide by all copyright and trademark laws.
The Company reserves the right to update and make changes, additions or deletions ("Modifications") to the Site(s) at any time without notice to you. In the event you make any text or individual non-template related graphical element related Modifications or any such text or individual non-template related graphical element Modifications are made on your behalf, whether executed at your request by the Company or by any third party, all rights, title and interests in such Modifications shall be owned by you. Any global technical modifications that impact all customers, including, but not limited to, website functionality including speed or capability, "modules" developed to enhance functionality or purpose of the Site(s) or assist customers in their business/customer interactions will remain the sole property of the Company.
All data and other materials furnished by you in connection with the Derivative(s) or Site(s), including copyrights, trademarks, patents, trade secrets and any other proprietary information of yours shall remain your sole and exclusive property; provided, however, you hereby grant to the Company a non-exclusive, worldwide and royalty-free license during the term of this Agreement to edit, modify, adapt, translate, exhibit, publish, transmit, reproduce, create derivative works from, distribute, perform, display, and otherwise use such property, as determined to be necessary by the Company in its sole and absolute discretion, to maintain and provide access to the Site(s) to you. Specifically, the Company may use your website in any way it chooses for the purposes of marketing its products. The Company may also, at its discretion install notice on any Derivative(s) that the website was developed by Lawnline Websites.
In the event you develop or have developed any applications or software for use with the Derivative(s) or Site(s), you shall have all right, title and interest in such applications or software, subject, however, to the Company's exclusive right, title and interest to such applications or software. You hereby grant to the Company a worldwide, perpetual, non-exclusive and royalty-free license to use and commercialize all such applications and software developed by or on behalf of you for use with the Derivative(s) or Site(s). You agree that the granting or retention of any rights, title or interest to or by you in any applications or software shall not be construed by the parties hereto, any court of law or equity, or any arbitration panel to mean that the Company has granted or given up any rights, title, or interest in or to the Site(s) or any proprietary information of the Company. Notwithstanding anything herein to the contrary, you agree not to take any action that would limit the Company's development, marketing, sale, assignment, licensing or use of the Site(s) or any other websites containing the functionality or content, in whole or in part, of the Site(s).
VI. Usage License
Subject to the terms and conditions of this Agreement, the Company hereby grants to you, a personal, non-exclusive, non-transferable and revocable limited license to access and use the Site(s). The limited license to access and use the Site(s) granted herein only gives you the right to access and use the Site(s) as set forth in this Agreement and does not give you any ownership interest of any intellectual property (see Intellectual Property above). Except as expressly authorized by this Agreement, you are not granted any licenses, express or implied, to the Company's intellectual property or content thereon and, upon termination of this Agreement, your access and usage of the website management system will immediately terminate.
VII. No Unlawful or Prohibited Use
You shall be solely and exclusively responsible for (i) all content and activity on the Site(s); (ii) obtaining legal written permission from the right holder for the display of any material or activity on the Site(s); (iii) abiding by requirements, rules and regulations of any applicable local and/or national professional societies and organizations and (iv) ensuring that the content of the Site(s) does not violate the laws of the jurisdiction where the content is displayed. As a condition of your use of the Site(s), you warrant to the Company that you will not use the Site(s) to enter or transmit any unlawful, fraudulent, harassing, libelous or obscene information of any kind or any information in violation of another party's intellectual property rights or for any other purpose that is unlawful or prohibited by this Agreement. You may not use the Site(s) in any manner which could damage, disable, overburden, or impair the Site(s) or interfere with any other party's use and enjoyment of the Site(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site(s). You hereby agree to comply with the requirements of the Communications Decency Act, the Digital Millennium Copyright Act and all other laws applicable to the content and activity on the Site(s). You agree to indemnify the Company against any and all losses or damages suffered by the Company as a result of any such unlawful or prohibited use.
You acknowledge and agree that the Company may, in its sole discretion, without prior notice and without any refund of any payments made by you to the Company, remove any material from the Site(s) and/or suspend or terminate your access to the Site(s) or any or all of your online activities at any time if, in the Company's sole discretion and judgment, you have placed, or caused to be placed on the Site(s) unacceptable material or activity.
You further acknowledge and agree that the Company will comply with all subpoenas and court orders that appear to be lawful and valid, including subpoenas and court orders requesting information about you or your use of the Site(s), without prior notice to you. The Company reserves the right to report activity that it believes to be potentially criminal to the appropriate law enforcement agencies.
VIII. Links To Third Party Sites/Third Party Services
The Site(s) may contain links to other webSite(s)s (the "Linked Site(s)s"). The Linked Site(s)s are not under the control of the Company and the Company is not responsible for the content on any Linked Site(s) or any other webSite(s) linked from a Linked Site(s). The Company is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by the Company of the Linked Site(s), its operators or the products or services offered by such operators.
Certain services made available via the Site(s) are delivered by third party websites and organizations. By using any product, service or functionality originating from the Site(s), you hereby consent to the Company sharing information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers of the Site(s).
The Site(s) invokes a number of applications and services that were not developed or are not operated by the Company and that are not under the control of the Company, including, but not limited to, your mobile phone's or computer's operating system, browser, email and SMS programs, dialer and other applications and services. The Company cannot assure you that these third-party applications and services will function and expressly denies any liability related to such third party applications and services. In addition, depending on your data plan, you may incur charges from your provider for use of their network in connection with the Site(s). You are solely responsible for any and all costs you incur with your internet and/or wireless service provider and any other third parties as a result of your usage of the Site(s).
You agree to pay the monthly fee to the Company for the Site(s) usage, hosting and control panel access in accordance with the Company's current fee schedule and payment policy, as may be revised by the Company from time to time. Any additional services requested by you will be charged at the Company's then current rates and billed to you in accordance with the Company's payment policy. The Company reserves the right, in its sole discretion, to revise its fee schedule and payment policy at any time without notice to you. By continuing to use the Site(s), you agree to be bound by any such revisions. The Company encourages you to periodically review the fee schedule and payment policy to stay informed of updates.
You agree to reimburse the Company for or, at the Company's sole discretion, advance to the Company all reasonable out-of-pocket expenses incurred in connection with the Company's performance of any services requested by you.
If you fail to pay any fee when due, (i) late charges of eighteen percent (18%) per annum, or the maximum allowed under applicable law, shall accrue on the past due amount and (ii) the Company may suspend or terminate your access to the Site(s). Any such suspension and/or termination shall not relieve you from your obligation to pay the fees owed and you agree that you will be liable for all costs of collection, including but not limited to attorneys' fees, court-related costs, and collection agency fees.
You agree to abide by the Company's cancellation policy. All cancellation notices must be sent to the Company electronically using the main account holder's login username and the ticket system for notification located on your control panel. Upon receipt of your cancellation notice, the Company will terminate service immediately (not at the end of the billing period).
You agree that you understand and will abide by the Company's refund policy. If you cancel, there are no refunds of any kind, this includes your one-time fees, monthly subscription/access fees and any additional fees paid to the Company for other services such as customizations and marketing. As indicated above, cancellation notifications must be sent to us electronically using the Company's ticket system. Service will be terminated immediately (not at the end of the billing period). In the event that the Company has been requested to perform customization or additional service and this request is canceled by you prior to completion, you are liable for any time/work the Company has already performed. No refunds for work performed or time spent will be given.
You agree to indemnify, defend and hold harmless the Company, its members, managers, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site(s) or services, any postings made by you or your violation of any of this Agreement, any rights of a third party or any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
XIII. Disclaimer of Warranties and Liabilities
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE(S) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE(S) AT ANY TIME.
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE(S) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CONDITION, UNITERRUPTED USE, MERCHANTABILITY OF COMPUTER PROGRAMS AND DATA ACCURACY, EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE(S), THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE SITE(S) CONTENT, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE SITE(S) OR CONTENT. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT OPERATE OR CONTROL THE INTERNET. THE COMPANY DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR ACCESS OR DOWNLOADING FROM THE SITE(S), IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE COMPANY DOES NOT WARRANT THAT THE SITE(S) WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT ACCESS TO THE SITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE(S) WILL BE CORRECTED.
THE COMPANY DOES NOT WARRANTY THE FUNCTIONS OF THE SITE(S) OR THAT THE SITE(S) WILL MEET ANY EXPECTATIONS OF TRAFFIC OR RESULTING BUSINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION (INCLUDING TO OR RESULTING FROM THIRD PARTY ENTITIES), DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE(S), WITH THE DELAY OR INABILITY TO USE THE SITE(S) OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES INCLUDING PAY PER CLICK OR OTHER TYPES OF MARKETING OR LEAD GENERATION ACTIVITIES FOR WHICH THE COMPANY IS/HAS BEEN ENGAGED, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE(S), OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE(S). IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT.
XIV. Your Additional Acknowledgements and Responsibilities
You acknowledge and agree that the Site(s) may not meet any or all of your needs and requirements. You assume all responsibilities and obligations with respect to the selection of the particular Site(s) to achieve your desired requirements and any decisions or advice made or given as a result of your use of the Site(s). The Company has no responsibility for any information entered into the Site(s) by or on behalf of you or by any user of the Site(s) and you agree to indemnify the Company against any and all losses or damages suffered by the Company relating to information entered into the Site(s) by or on behalf of you or users of the Site(s). You hereby grant to the Company the right to use the information entered in the Site(s) to the extent necessary to perform its obligations hereunder including the marketing of the Company's products and services
You acknowledge and agree that the Site(s) may not be available on a continuous or uninterrupted basis and that the Site(s) may be inaccessible or inoperable for any reason, including, but not limited to, periodic maintenance or repairs, equipment malfunctions and causes beyond the control of the Company or that could not be reasonably be foreseen by the Company, including, but not limited to, internet or wireless service interruption or failure. The Company does not guarantee the integrity of information transmitted via the Site(s) and shall not be liable for the inadvertent disclosure of, or corruption or erasure of, information transmitted or received or sorted on the Company's system. The Company shall not be liable to you for any claims or damages which may be suffered by you, resulting from the loss of information, inability of you, your customers or any other person to access or use the Site(s) or inability to transmit or receive information caused by or resulting from any delays, non-deliveries or mis-deliveries of information or service interruptions, whether or not caused by the fault or negligence of the Company. You acknowledge and agree that the Site(s) is not intended to replace traditional means of communication with your customers and other persons and that it is your responsibility to use traditional means of communications with your customers and other persons when necessary and to ensure that you and your customers and other persons receive each other's respective communications.
You acknowledge and agree that the Internet is a network of computers worldwide and that any information submitted by you through the Site(s) is routed via third party computers, and that the Company is not responsible for lapses in online security and does not assume liability for improper use of the your information by a third party.
You agree that neither the Company nor its managers, members, officers, directors, employees, agents, partners and licensors will be responsible for your use, misuse or reliance on the Site(s), the unavailability or mis-operation of the Site(s) or for any services provided to or by you or for any actions by any users of the Site(s) or any other person, whether in connection with the Site(s) or otherwise. This limitation of liability shall apply to prevent recovery of any actual, direct, consequential, incidental, punitive or other indirect damages, regardless of the size or origin, or whether the damages arise from use, misuse, or reliance on the Site(s), or from any unavailability or mis-operation of the Site(s) for any cause or reason.
XV. Allocation of Risks; Severability of Actions
The provisions of the Agreement allocate the risks between the Company and you and the fees reflect this allocation of risk and the limitations of liability herein. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer of warranties or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such.
XVI. Termination/Access Restriction
The Company reserves the right to terminate your access to the Site(s) and the related services or any portion thereof at any time, without notice, if in its sole discretion, believes there is inappropriate content or activity.
Upon termination, for any reason, all rights granted to you hereunder will terminate and revert to the Company and you shall immediately cease any and all use of the Site(s). Termination of your access shall not relieve you of any liability for your breach of any provision of this Agreement prior to or after the termination. Notwithstanding any termination of your access, the Company shall have and hereby reserves all rights and remedies, which it has or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Site(s) or any Company intellectual property or proprietary information. The provisions in this Agreement regarding limits on liability, intellectual property, indemnification, governing law, jurisdiction, venue and your other responsibilities shall survive the termination of your access and this Agreement and shall remain in effect indefinitely.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site(s). Use of the Site(s) is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section. The parties each irrevocably and unconditionally waive any right to a jury trial with respect to any claims or disputes arising out of or related to this Agreement.
You acknowledge and agree that any breach or threatened breach by you of any of the covenants and restrictions related to usage of the Site(s), intellectual property, proprietary information, termination and your other responsibilities contained in this Agreement will give rise to irreparable injury which may not be adequately compensated by damages and, therefore, you agree that in the event of any such breach or threatened breach, the Company may seek and shall be entitled to injunctive relief, without the posting of bond, and to the enforcement of these covenants and restrictions by specific performance, in addition to any other rights and remedies available hereunder or under applicable law.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Site(s). The Company's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site(s) or information provided to or gathered by the Company with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any waiver of any provision of this Agreement shall be valid and effective only in the specific instance and for the specific purpose for which it is given and shall not be deemed continuing or construed as a waiver of any other provision of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Company with respect to the Site(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site(s). A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
XVII. Company Credits
The Company reserves the right to add their authorship credit to any services, products or works provided by Company. Where applicable, Company also reserves the right to insert an indexable "do follow" credit hyperlink back to Company website. Any attempt by Customer to modify or remove Company Credits will be a violation of this agreement, in which Company reserves the right to terminate services without notice.
XIII. Changes to Terms
The Company reserves the right, in its sole discretion, to revise this Agreement without notice to you. The most current version of the Terms will supersede all previous versions. By continuing to use the Site(s), you agree to be bound by any such revisions. The Company encourages you to periodically review the Terms to stay informed of our updates.
XIX. Contact Us
The Company welcomes your questions or comments regarding the Site(s). You may contact the Company at:
Lawnline Websites LLC
235 Apollo Beach Blvd #128, Apollo Beach, FL 33572
Email Address: email@example.com
Telephone number: 813-944-3400
Effective as of July 1, 2016
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