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Terms Of Service
This Green Guru Landscaping LLC Service Agreement (the "Agreement") describes
the terms and conditions on which Green Guru Landscaping LLC ("we" or "our
company") offer services to your business ("Customer" or "You"). By registering for
or using Green Guru Landscaping LLC services, Customer agrees to be bound by the
following terms and conditions.
1. Eligibility for Green Guru Landscaping LLC
Services.
Our Services are available only to individuals and business entities (including
but not limited to sole proprietorships) in good legal standing that can form
legally binding contracts under applicable law. Customer hereby represents and
warrants that it is duly licensed to do business and is in good legal standing in
the jurisdictions in which it does business (during the term of this Agreement)
that it is not a competitor of Green Guru Landscaping LLC , and that the person
agreeing to this Agreement for Customer is at least eighteen years of age and
otherwise capable of and authorized to enter binding contracts for Customer.
2. Green Guru Landscaping LLC Services.
Subject to the terms and conditions of this Agreement,Green Guru Landscaping LLC
makes certain Services available to Customer. For the purposes of this Agreement:
(a) "Customer" (or "you") means the business entity that is registering to use the
Services, including its employees and agents; (b) Edit My Site Online "Services"
means those electronic or interactive services offered by Edit My Site Online.
Green Guru Landscaping LLC makes its Services available to Customer via Customer's
Authorized Users (as defined in Section 5 ("Customer Account")). Green Guru
Landscaping LLC reserves the right to change or discontinue any of the Services at
any time.
3. Ownership
You acknowledge that all materials provided on this Web site, including but not
limited to information, documents, products, logos, graphics, sounds, images,
software, and services (collectively "Materials"), are provided either by Green
Guru Landscaping LLC or by their respective third party authors, developers and
vendors (collectively "Third Party Providers") and the underlying intellectual
property rights are owned by Green Guru Landscaping LLC and/or its Third Party
Providers. Elements of the Web site are protected by trade dress and other laws and
may not be copied or imitated in whole or in part. Green Guru Landscaping LLC , the
Green Guru Landscaping LLC logo and other Edit Green Guru Landscaping LLC products
referenced herein are trademarks of Green Guru Landscaping LLC , and may be
registered in certain jurisdictions. All other product names, company names, marks,
logos, and symbols may be the trademarks of their respective owners.
4. Customer Information
Customer represents and warrants that the information it provides in Green Guru
Landscaping LLC contact information forms is true, accurate, current and complete.
Customer agrees to maintain and update this information to ensure that it is true,
accurate, current and complete. If, at any time, any information provided by
Customer is untrue, inaccurate, not current or incomplete,Green Guru Landscaping
LLC will have the right to suspend or terminate Customer's account and this
Agreement.
5. Customer Account
5.1 Authorized Users.
Customer may designate persons to act as its agents to use the Services,
provided that each designated person has the legal capacity to enter into binding
contracts for Customer. Furthermore, Customer represents and warrants that each
person who registers under Customer's account is an authorized agent of Customer
(an "Authorized User") who has such legal capacity.
5.2 Responsibility for Access
Customer is solely responsible and liable for any and all access to and use of
the Services (including all activities and transactions) by any Authorized User
and/or User ID registered under Customer's account, unless such access to or use of
the Services is the direct result solely of the gross negligence of Green Guru
Landscaping LLC. It is Customer's responsibility, through its systems administrator
Authorized User, to set the appropriate access for each of Customer's Authorized
Users.
5.3 Responsibility for User IDs and Passwords
Customer is solely responsible for maintaining the confidentiality of Customer
access information, i.e. account ID's and passwords of its Authorized Users, and
are responsible for all activities that occur under your account.
5.4 Notification of Unauthorized Use
Customer will immediately notify Green Guru Landscaping LLC if Customer notices
any activity indicating that Customer's account is being used without
authorization, including: (a) Customer has received confirmation of an order or
orders placed using Customer's account which Customer did not place or any similar
conflicting report; or (b) Customer becomes aware of any unauthorized use of any
product or service related to its account(s).
6. Customer Data
Customer has sole responsibility and liability for the data its stores on Green
Guru Landscaping LLC servers. Customer controls its data through its account and
its Authorized Users. Edit My Site Online encourages Customer to archive its data
regularly and frequently; Customer bears full responsibility for archiving its data
and sole liability for any lost or irrecoverable data. Customer agrees to maintain
its data in compliance with its legal obligations. Green Guru Landscaping LLC will
delete Customer data upon termination of this Agreement. However, Green Guru
Landscaping LLC may retain Customer data in its archives after deletion and will
not be liable to Customer in any way for such retained data.
6.1 Special Circumstances
Green Guru Landscaping LLC will provide access to the Services and Customer's
account to an agent of Customer ("Authorized Agent") who provides Edit My Site
Online with a notarized letter signed by an officer of Customer which letter shall
include statements of authenticity, authority, and liability as required by Edit My
Site Online in its sole discretion. Customer expressly and irrevocably agrees that
Green Guru Landscaping LLC may rely on such a letter and on the apparent authority
of the person requesting access to the Services or to Customer's account. In no
event will Green Guru Landscaping LLC be liable to Customer or any third party for
Green Guru Landscaping LLC reliance on such letter or such apparent authority.
7. Fees And Payments
Green Guru Landscaping LLC does not collect and are not responsible for
any additional fees imposed by Customer's local authorities, including without
limitation: Import or state tax. Customer shall pay any and all Fees in advance
based on chosen billing cycle during registration. Customer will receive an
electronic invoice by email after registration. In the event that Customer fails to
pay Fees due, Edit My Site Online reserve the right to suspend or terminate
Customer's account(s), according to section 13 on Termination below.
8. Acceptable Use
8.1 Illegality/Adult Content
Green Guru Landscaping LLC neither sanctions nor permits site content or the
transmission of data that contains illegal or obscene material or fosters or
promotes illegal activity, including but not limited to, gambling, the offering for
sale of illegal weapons, and the promotion or publication of any material that may
violate hate crimes legislation.
Green Guru Landscaping LLC reserves the right to immediately suspend or terminate
any account or transmission that violates this policy, without prior notice. In the
event of such termination, Customer agrees that the unused portion of any fees
Customer may have paid for any Services rendered to Customer by Green Guru
Landscaping LLC are an appropriate recompense to Green Guru Landscaping LLC
for the time required to respond to and address issues created by Customer's
illegal or obscene site/content, and Customer agrees not to seek recovery of those
fees.
Further, should Customer violate this policy, Green Guru Landscaping LLC will
actively assist and cooperate with law enforcement agencies and government
authorities in collecting and tendering information about Customer, Customer's
site, the illegal or obscene content, and those persons that may have
inappropriately accessed, acquired, or used the illegal or obscene content.
8.2 Wrongful Conduct
Customer shall not commit or permit wrongful or damaging acts which justify
civil action including, but not limited to, posting of defamatory, scandalous, or
private information about a person without their consent or intentionally
inflicting emotional distress.
8.3 Access and Interference
Violations or attempts to violate Green Guru Landscaping LLC systems or to
interrupt Green Guru Landscaping LLC services are strictly prohibited, and
may result in criminal and civil liability. Examples of system violations include,
without limitation: (a) Unauthorized access to or use ofGreen Guru Landscaping LLC
Services, including any attempt to probe, scan or test the vulnerability of a
system or to breach security or authentication measures without express
authorization of Green Guru Landscaping LLC ; or (b) Interference with Service to
any customer or network including, without limitation, flooding, or deliberate
attempts to overload a system and broadcast attacks; or (c) Any attempt to
cirumvent limitations in subscriptions; or (d) Use of any device, software, or
routine to interfere or attempt to interfere with the proper working of the
Services; or (e) Any action that imposes an unreasonable or disproportionately
large load onGreen Guru Landscaping LLC infrastructure
Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or
otherwise attempt to derive the source code of the "software tools" (including the
tools, methods, processes, and infrastructure) underlying the Services or any other
software on the Green Guru Landscaping LLC Web site.
8.4 Copyright or Trademark Infringement
Green Guru Landscaping LLC Services may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation of any
applicable law or regulation, including export control laws, is prohibited. This
includes, without limitation, material protected by patent, copyright, trademark,
service mark, trade secret or other intellectual property rights. If you use
another party's material, you must obtain prior authorization. By using the
Services, you represent and warrant that you are the author and copyright owner
and/or proper licensee with respect to any hosted content and you further represent
and warrant that no content violates the trademark or rights of any third party.
Green Guru Landscaping LLC reserves the right to suspend or terminate a Customer's
account(s) that, in Green Guru Landscaping LLC discretion, violates these policies
or violates any law or regulation.
8.5 Misuse of System Resources
Customer shall not misuse system resources including, but not limited to,
employing content which consume excessive CPU time or storage space; utilizing
excessive bandwidth; resale of access to content hosted on Edit My Site Online
servers outside of our Reseller program; or resale of CustomersGreen Guru
Landscaping LLC account.
8.6 Other Activities
Whether lawful or unlawful, Green Guru Landscaping LLC reserves the right to
determine what is harmful to its Customers, operations or reputation, including any
activities that restrict or inhibit any other user from using and enjoying the
Service or the Internet.
Please be aware Green Guru Landscaping LLC reserves the right to cancel any
account they find in violation of any of the above policies. If appropriate, Edit
My Site Online will refer complaints to law enforcement authorities, and in such
case,Green Guru Landscaping LLC will actively assist law enforcement agencies with
the investigation and prosecution of any such activities, including surrendering
Customer account information.
Complaints about violators of our Policy should be sent via e-mail
to greengurulandscaping@gmail.com.
Each complaint will be investigated and may result to immediate cancellation of
Services without prior notice and without refund of Service fees paid.
9. No Warranty
You expressly understand and agree that: (a) your use of the Service is at your
sole risk. Green Guru Landscaping LLC Services are provided on an "as is" and "as
available" basis. Green Guru Landscaping LLC and its suppliers, to the fullest
extent permitted by law, disclaim all warranties, including but not limited to
warranties of title, fitness for a particular purpose, merchantability and
non-infringement of proprietary or third party rights. Green Guru Landscaping LLC
and its suppliers make no warranties about the accuracy, reliability, completeness,
or timeliness of our Services, software, or content; (b) Green Guru Landscaping LLC
makes no warranty that (i) the Service will meet your requirements, (ii) the
service will be uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate or reliable, (iv)
the quality of any products, services, information, or other material purchased or
obtained by you through the Service will meet your expectations, and (v) any errors
in the software will be corrected; (d) any material downloaded or otherwise
obtained through the use of the Service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer system or loss
of data that results from the download of any such material; (e) no advice or
information, whether oral or written, obtained by you from us or through or from
the Service shall create any warranty not expressly stated in these terms and
conditions.
10. Indemnity
You agree to defend, indemnify, and hold harmless Green Guru Landscaping LLC,
its affiliates, officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable legal fees,
alleging or resulting from your use the Service, or your breach of this Agreement
or other Green Guru Landscaping LLC policies, terms and conditions.
11. Limitation of Liability
Your use of Green Guru Landscaping LLC Services is at your own risk. If you are
dissatisfied with any aspect of our Service or with these terms & conditions,
or any other rules or policies, your sole remedy is to discontinue use of the
Service.
You expressly understand and agree that Green Guru Landscaping LLC shall not be
liable for any direct, indirect, incidental, special, consequential exemplary
damages, including but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if we have been advised of the possibility of
such damages), resulting from: (i) the use or the inability to use the Service;
(ii) the cost of procurement of substitute goods and services resulting from any
goods, data, information or services purchased or obtained or messages received or
transactions entered into through or from the Service; (iii) unauthorised access to
or alteration of your transmissions or data; (iv) statements or conduct of any
third party on the service; or (v) any other matter relating to the Service.
In no event will Green Guru Landscaping LLC liability arising out of or in respect
of these terms and conditions exceed one year subscription fee.
12. Modifications to Agreements, Policies or to our Services
We reserve the right to change this Service Agreement at any time without
notice. We also reserve the right at any time to modify or discontinue the Service,
temporarily or permanently, with or without notice to you. You agree that we shall
not be liable to you or any third party for any modification, suspension or
discontinuance of the Service. You acknowledge that we may establish general
practices and limits concerning use of the Service, including the maximum disk
space that will be allotted on Green Guru Landscaping LLC servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time. Further, you acknowledge that Green Guru
Landscaping LLC may change subscription fees at any time without notice. Changes in
subscription fees will take effect on expiration of any existing Customer
subscription.
13. Termination
13.1 Without limiting other remedies, Green Guru Landscaping LLC may
immediately issue a warning, suspend (i.e., lock out access and operation of
Services for Customer) either temporarily or indefinitely, or terminate Customer's
account and refuse to provide Services to Customer if: (a) Green Guru Landscaping
LLC believes that Customer have violated or acted inconsistently with this
Agreement, or any of our policies; or (b) Customer have failed to pay fees or other
payments due to Green Guru Landscaping LLC; or (c) Green Guru Landscaping LLC is
unable to verify or authenticate any information Customer provides to Green Guru
Landscaping LLC; or (d) Green Guru Landscaping LLC Online believes that Customer's
actions may cause legal liability for Customer, Green Guru Landscaping LLC other
clients, or Green Guru Landscaping LLC.
Green Guru Landscaping LLC may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision of
these terms and conditions may be effected without prior notice, and acknowledge
and agree that Green Guru Landscaping LLC may immediately deactivate, archive or
delete your account and all related information and data in your account and/or any
further access to such data or the Service. Further, you agree that the Green Guru
Landscaping LLC shall not be liable to you or any third-party for any termination
of your access to the Service.
Upon termination of this Agreement by either Customer or Green Guru Landscaping
LLC, all of Customer rights under this Agreement, and Green Guru Landscaping LLC
provision of Services, will terminate immediately. Any amounts Customer owes Green
Guru Landscaping LLC, if any, will become immediately due and payable, including
Fees for the remainder of the subscription cycle. Refunds to Customer will be given
solely at the discretion of Green Guru Landscaping LLC.
13.2 The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10
("Indemnity"), 11 ("Limitation Of Liability") and this Section 13 will survive any
termination of this Agreement.
14. Miscellaneous
These terms and conditions will be governed by and construed in accordance with
the laws of the State of California, excluding that body of law governing conflict
of laws. Any legal action or proceeding relating to or arising out of these Terms
or your use of the Web site will be brought in a federal or state court in Marin
County, California, and you submit to the venue and personal jurisdiction of such
court. If any provision of these Terms is held to be invalid or unenforceable, such
provision will be enforced to the greatest extent possible and the remaining
provisions will remain in full force and effect. Headings are for reference
purposes only and in no way define, limit, construe, or describe the scope or
extent of such section. Green Guru Landscaping LLC failure to act with respect to a
breach by Customer or others does not waive Edit Green Guru Landscaping LLC right
to act with respect to subsequent or similar breaches. No action by Customer
arising under this Agreement may be brought at any time more than twelve (12)
months after the facts occurred upon which the cause of action arose.
14.1 Relationship
Customer and Edit Green Guru Landscaping LLC are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
14.2 Assignment
Customer may not assign any of its rights, or delegate any of its duties, under
this Agreement, and any attempted assignment will be null and void.
14.4 Force Majeure
Operation of our Services may be interfered with by numerous factors outside of
our control and we shall not be liable to you for any delay or failure in
performance under this Agreement resulting directly or indirectly from causes
beyond Green Guru Landscaping LLC control.
14.5 Interpretation
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck, as narrowly as possible, and the remaining provisions
shall be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
14.6 Edit My Site Online Confidential Information
You represent and warrant Green Guru Landscaping LLC that (a) you are
not a competitor ofGreen Guru Landscaping LLC, (b) you shall keep publicly
unannounced information and materials pertaining to Green Guru Landscaping LLC
Services, pre-release software, testing or testing procedures strictly confidential
and (c) you shall not use any information gained from access to the Green Guru
Landscaping LLC Web site or use of the Green Guru Landscaping LLC Services to
compete withGreen Guru Landscaping LLC in its business.
14.7 Except for other agreements or terms appearing on the Web site, this
Agreement set forth the entire understanding and agreement between us with respect
to the subject matter hereof.
ADDITIONAL INFORMATION
Any questions relating to our Legal Agreements and Policies may be directed
to greengurulandscaping@gmail.com
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