TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) WILL INDICATE YOU TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (“TERMS AND CONDITIONS”). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to Mowers N’ Blowers!
By purchasing any services from Mowers N’ Blowers, by using any of Mowers N’ Blowers’ services, or by accessing any areas of the http://www.NoMowProblem.com website (the “Services”), you agree to be legally bound and to abide by the terms and conditions set forth below.
www.NoMowProblem.com is owned and operated by Mowers N’ Blowers LLC, a California limited liability company. Any references herein to Mowers N’ Blowers, the “Company”, “we,” “our” or “us” shall be deemed to refer to Mowers N’ Blowers Landscaping, LLC and its affiliates.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms and Conditions on your behalf). If you’re agreeing to these Terms and Conditions on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms and Conditions on that organization or entity’s behalf and bind them to these Terms and Conditions (in which case, the references to “you” and “your” in these Terms and Conditions, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
Service Providers and your Property
In order to facilitate provision of the Services, you agree to provide access to your property, including your home and/or grounds, as necessary, to the service providers we assign to fulfill your requested Services (each, a “Service Provider”). This obligation includes, without limitation, the obligation to provide access at the time specified for the provision of the applicable Service(s), allowing the Service Provider free access to all such work areas, keeping clear all driveways, roadways, walkways, and other required passages to allow free movement. Your failure to provide access at the specified time will not be construed to result in a breach of these Terms and Conditions by us. You may be charged and the Company may decide not to provide a refund for any Service which is not performed due to your failure to provide timely and reasonable access.
You shall be responsible for all property lines and limits, any required easements, any required permits or city fees, and any code violations related to your property. The Company will at no time take responsibility for positions of property lines. Any existing damage or illegal condition of your property is your responsibility.
Due to the nature of the Services you may, from time to time, personally interact with us or our Service Providers. Accordingly, you agree that you shall not: (i) physically harm or threaten to harm us or any of our Service Providers, whether intentionally or not; (ii) create a condition that endangers the health and safety of us or our Service Providers; (iii) make or attempt any unwanted sexual advance or statement to us or any of our Service Providers; (iv) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against us or any of our Service Providers; (v) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed or offended; or (vi) engage in any behavior that discriminates against us or any of our Service Providers because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation or religion. Any violation of this section shall be deemed a material breach of these Terms and Conditions, and may result in the termination of the Services.
Paying for Services
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). We will provide you with a proposal of cost and terms for such Paid Services (“Proposal”) based on a number of factors for each Paid Service that you request. Please note that any terms presented to you in a proposal or during the process of using a Paid Service are deemed part of these Terms and Conditions. Notwithstanding the foregoing, if any provision contained in a Proposal conflicts with any provision in these Terms and Conditions, the provision contained in these Terms and Conditions shall govern and control. You agree to pay the proposed cost(s) for any Proposal that you accept in accordance with these Terms and Conditions and the terms of such Proposal.
We personalize the fees for some Services based on the size, location, and other features of your property. In order to provide an accurate assessment of the land and its features while minimizing costs, you acknowledge and agree that we may, from time to time, use a third-party satellite imaging service (such as Google maps) to survey your property prior to providing a price quote. In determining the cost of Services in a Proposal, we may provide allowances in the scope of work for certain parts of the Services where the cost is not yet determined. Some costs are good faith estimates based on similar projects. If the allowances fall short of the actual amount, you agree to pay the difference.
We may use a third-party payment processor (the “Payment Processor”) to bill you for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due for the Paid Services upon demand.
Some of the Paid Services may consist of recurring charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, WEEKLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, PLEASE NOTIFY US AT THE CONTACT INFORATION SET FORTH ON THE SITE.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING INFORMATION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. YOU CAN CHANGE YOUR INFORMATION BY NOTIFYING US. IF YOU FAIL TO PROVIDE ANY OF THIS INFORMATION OR TO KEEP IT UP TO DATE, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH IN YOUR PROPOSAL FOR PAID SERVICES.
Unless you terminate your Paid Services by provided us 30 days prior written notice (“Notice Period”), any month-to-month Services (“Month-to-Month Service”) you have agreed to will be automatically extended for successive months. If you terminate a Month-to-Month Service, we will provide you Services until the end of the month of which your Notice Period ends (“Month-to-Month Termination Date”); your Services will not be continued after the Month-to-Month Termination Date. Even if you do not want us to perform such Services during any period prior to the Month-to-Month Termination Date, you shall still owe payment though the end of such date.
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
You agree to pay interest at the rate of one and one quarter percent (1-1/4%) per month or fifteen percent (15%) per year on all overdue payments to the Company. Interest will begin to accrue after 30 days from the date that initial written request for payment is given to you.
Restrictions on Use of Materials
All pages and other materials within or displayed, performed, download or otherwise made available through this website (collectively the “Site”) or through the Services, including, but not limited to, design elements, text, graphics, data, layouts, code, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are the property of the Company and are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. No portion of the Content may be copied, translated, reprinted, republished, modified, published, broadcasted, transmitted, performed, uploaded, displayed, licensed, sold, distributed or otherwise exploited in any form for any purpose without our express written permission of the Company. The Site is for your own personal use or the internal use of your business.
Any rights not expressly granted to you by these Terms and Conditions are reserved by the Company.
Photographs of Work
Photographs of completed work may be made by the Company and/or our agents, and will be considered property of the Company, and may be reproduced, displayed, published, performed, modified, transmitted, distributed, or otherwise used by us in any manner.
Except as otherwise explicitly and unambiguously set forth in a mutually agreed upon Proposal, neither the Company nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from the Company or others (unless we expressly and unambiguously provide a warranty in writing for a specific product and service). EXCEPT AS OTHERWISE EXPLICITLY AND UNAMBIGUOUSLY SET FORTH IN A MUTUALLY AGREED UPON PROPOSAL, THE SERVICES AND CONTENT ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notwithstanding any warranty expressly and unambiguously provided in agreed upon Proposal, we are not responsible for: (a) death or decline of plants due to improper watering; (b) damage from floods, fires, winds, or other acts of God; (c) damage from vandalism; or damage from the improper burial of cable or irrigation lines.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms and Conditions.
You may not assign, delegate or transfer these Terms and Conditions or your rights or obligations hereunder, or your Services, in any way (by operation of law or otherwise) without the Company’s prior written consent. We may transfer, assign, or delegate these Terms and Conditions and our rights and obligations without consent.
We are free to terminate your Services and any Proposal for Services for your breach of these Terms and Conditions. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms and Conditions.
Provisions that, by their nature, should survive termination of these Terms and Conditions and any Proposal shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Entire Agreement and Changes to the Terms and Services
These Terms and Conditions and any Proposal you agree to constitute the entire agreement between you and the Company pertaining to the subject matter of the Proposal and these Terms and Conditions.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
These Terms and Conditions may need to change as well. We reserve the right to change the Terms and Conditions at any time, but if we do in a material way that adversely affect you, we will bring it to your attention by placing a notice on this Site, by sending you an email, and/or by some other means. If you don’t agree with the new Terms and Conditions, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.
If you use the Services in any way after a change to the Terms and Conditions is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms and Conditions will be effective unless in writing and signed by both you and us.
No Unlawful or Prohibited Purpose
You warrant to the Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Choice of Law and Arbitration
These Terms and Conditions are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms and Conditions shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving the related commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California. Any arbitration under these Terms and Conditions will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. You and the Company agree that these Terms and Conditions are the complete and exclusive statement of the mutual understanding between you and the Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms and Conditions. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Company, and you do not have any authority of any kind to bind the Company in any respect whatsoever.