The [YourGreenPal.Com] website (hereinafter "Website") is owned and operated by Green Pal, Co. ("Green Pal"). IMPORTANT! PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.
"Application" shall refer to any application, including mobile applications and applications for tablet computers, supplied by Green Pal to enable You to use the Services.
"Content" shall refer to the contents of the Website, including without limitation the text, graphics, images, audio, and video, as well as any product or service descriptions, pricing, and product or service reviews.
"Services" shall refer to the services provided by Green Pal through the Website or Application, consisting of a platform for connecting Users and Third Party Service Providers.
"Third Party Service Providers" shall refer to the individual or entities seeking to provide landscaping or lawn care services to Users.
"Users" shall refer to the individuals or entities seeking landscaping or lawn care services from Third Party Service Providers.
"You" shall refer to both Users and Third Party Service Providers.
The Website, Content, and Application are owned by Green Pal and constitute proprietary information and property and are protected by United States copyright and/or trademark law, as well as applicable foreign laws.
Green Pal hereby grants You permission to use the Content, provided that (i) your use is solely for your personal, noncommercial use (other than purchasing or providing the services featured on the Website); (ii) You do not modify or sell the Content; and (iii) You do not reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose, including the use of the Content on any other website. To the extent the Website provides features allowing You to distribute the content by email, social media, or another method, You may distribute the Content using such features. If You violate any of these terms, your permission to use the Content automatically terminates.
Green Pal grants You a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device, tablet computer, or computer that You own or control. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; or (iv) reverse engineer the Application. If You violate any of these terms, your permission to use the Application automatically terminates.
Through its Services, Green Pal provides a platform to assist Users to find, compare, and purchase landscaping and lawn care services from Third Party Service Providers. Green Pal may receive a fee from Third Party Service Providers; however, Green Pal does not provide or otherwise sell the landscaping and lawn care services featured on the Website or Application and is not acting as an agent, broker, employee, or employer of any Third Party Service Provider. Accordingly, the Website and Application act only as an online marketplace, and Green Pal is not and will not be a party to any agreement You make with any Third Party Service Provider regarding any purchase of any service(s) featured on the Website or Application. Green Pal has no control over, and makes no representations, regarding any qualities of the requests made by Users or the services provided by Third Party Service Providers. Green Pal does not warrant that any prices, shipping costs, taxes, products, or descriptions are accurate, complete, or reliable. You, as a buyer or seller, are responsible for paying all applicable taxes, including, but not limited to, sales and use taxes. You should direct any questions, complaints, or claims related to any service to the appropriate Third Party Service Provider.
You agree not to use the Services for any unlawful, fraudulent, or abusive purpose. Green Pal has the right to interrupt, suspend, or terminate Services if it suspects that You are engaging in unlawful, fraudulent, or abusive activity.
To the extent a dispute arises between a User or Third Party Service Provider, User agrees that its sole recourse for any and claims relating to services furnished by a Third Party Service Provider shall be the Third Party Service Provider, not Green Pal. Likewise, to the extent a dispute arises between a User or Third Party Service Provider, Third Party Service Provider agrees that its sole recourse for any and claims relating to services provided to User, including payment disputes, shall be the User, not Green Pal.
No joint venture, partnership, employment, or agency exists between You and Green Pal, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.
Third Party Service Provider represents and warrants that it has obtained all required licenses, permits, and insurance and is compliance with all applicable laws in connection with providing the landscaping and lawn care services to Users. Third Party Service Provider further agrees that it will not provide any construction or home improvement services or any services that require a contractors license.
You may need an account to use some or all of the Services. You may create an account by following the instructions provided on the Website or Application. You shall protect any passwords and account information and take full responsibility for your own, and third party, use of any of your accounts. If You learn of any unauthorized use of your password or account, contact Green Pal immediately.
If You choose to sign up for an account and use the Services, You agree to pay and be responsible for all applicable charges and fees for such Services. You can view the current charges and fees associated with the Services at =Application::getBrowserProtocol()?>yourgreenpal.com/fees. To the fullest extent permitted by law, fees paid to Green Pal are non-refundable. In extraordinary circumstances, Green Pal may consider refunding fees paid to Green Pal but is under no obligation to do so and any such refunds are at the discretion of Green Pal. Nothing in these Terms of Service obligates Green Pal to extend credit to any party.
Any request for refunds by Users for fees paid to Third Party Service Providers shall be directed to the Third Party Service Providers. You understand and agree that Green Pal does not, and is under no obligation to, issue refunds for fees paid by Users to Third Party Service Providers.
You acknowledge and agree that any credit card and related billing and payment information that You provide to Green Pal may be shared by Green Pal with companies who work on Green Pal's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Green Pal and third party sellers, and servicing your account.
To the extent that a User obtains a refund through a payment processor used by Green Pal rather than through the Third Party Services Provider directly, the Third Party Service Provider shall be liable to Green Pal for any fees due to Green Pal for the transaction between User and the Third Party Service Provider, as well as any costs, fees, or charges imposed by the payment processor as a resulf of any chargeback or refund ("Refunded Fees"). At Green Pal's discretion, Green Pal may (i) invoice or otherwise charge the Third Party Service Provider for such Refunded Fees; (ii) debit or place a lien on the Third Party Service Provider's account for such Refunded Fees; or (iii) subtract such Refunded Fees from any subsequent fees owed to the Third Party Service Provider in connection with other services.
Green Pal may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Green Pal shall not be liable for any use or disclosure of such information by such third parties.
Through the Website, You may submit reviews of third party sellers to describe your experience and/or to assist other users in evaluating such third party sellers. You may submit such reviews provided that (i) You submit the review in good faith, and (ii) You have actually purchased services from the third party seller through the Website. Green Pal may impose reasonable restrictions on any such reviews and may establish rules to ensure that such reviews are legitimate and appropriate. To the extent You rely on any reviews on the Website, You understand that the reviews are submitted by other users of the Website and that Green Pal disclaims any and all responsibility for the content or accuracy of such reviews.
You warrant that You own all intellectual property rights in any content You submit to the Website or that You have the appropriate license rights from the owner to submit such content. By submitting content to the Website, You grant Green Pal a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute such submitted content.
Green Pal disclaims any liability for any third party content submitted to, or posted on, the Website. If You believe that any materials on the Website infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to Green Pal at the following address:
Attention: IP Notices
1312 5th Ave N Ste 108
Nashville, TN 37208
To provide effective notification, please provide the following information:
The Website or Application may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Green Pal of the contents, products, services, or business practices of such third party websites. Green Pal is not responsible for the content, products, services, or business practices of linked third party websites and does not make any representations regarding the content, products, services, or business practices of such third party websites. If You decide to access and/or use linked third party websites, You do so at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content.
THE WEBSITE, SERVICES, AND APPLICATION ARE PROVIDED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GREEN PAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GREEN PAL DOES NOT WARRANT THAT THE WEBSITE, SERVICES, OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, APPLICATION, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GREEN PAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING (I) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, SERVICES, OR APPLICATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR (II) ANY SERVICES LISTED ON THE WEBSITE AND PURCHASED BY YOU FROM ANY THIRD PARTY SERVICE PROVIDER. YOU assume all risk for any damage to your computer system or loss of data that results from USE OF the WEBSITE, services, or application, including any damages resulting from computer viruses. GREEN PAL does not authorize anyone to make any warranties on its behalf, and you should not rely on any warranties made by third parties. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
NEITHER GREEN PAL NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE, SERVICES, OR APPLICATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES, OR APPLICATION.
THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE) AND EVEN IF GREEN PAL HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE WEBSITE , SERVICES, OR APPLICATION, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE WEBSITE OR SERVICES; AND/OR (V) ANY SERVICES PROVIDED BY THIRD PARTY SERVICE PROVIDERS.
To the extent that any jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, the above limitation shall apply to the extent permissible under applicable law.
GREEN PAL'S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO EITHER THE AMOUNT PAID BY YOU TO GREEN PAL OR $10, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless Green Pal, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys' fees, and expenses arising out of or in connection with (i) your use of the Services or Website, (ii) your violation of the Terms of Service, (iii) any services provided by Third Party Service Providers to Users, including, but not limited to, any liability or damage arising from the acts - negligent or willful - or omissions of the Third Party Service Provider or User or their respective employees, independent contractors, agents, and representatives, (iv) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (v) any submission by You that causes damage to a third party.
You shall cooperate as fully as reasonably required in the defense of any claim. Green Pal reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of Green Pal without Green Pal's prior written approval.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms and obligations provided in these Terms of Service.
In any event, You affirm that You are over the age of 13, as the Website and Services are not intended for children under 13. If You are under 13 years of age, then please do not use the Website or Services.
Green Pal reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website or Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. If You do not agree to any changes made to these Terms of Service, then do not use the Website or Services.
In addition, Green Pal may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or any part of the Website or Services for any or no reason, including, but not limited to, breach of these Terms of Service.
These Terms of Service may not be assigned by You without the prior written approval of Green Pal. Green Pal may assign these Terms of Service without your consent.
If any provision of these Terms of Service is deemed invalid or unenforceable under any statute, regulation, ordinance, or by a court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court, and the remaining provisions shall remain in full force and effect.
The failure of Green Pal to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless agreed to in writing by Green Pal. In addition, Green Pal's waiver of any breach of this Agreement by You will not be a waiver of any other prior or subsequent breach.
These Terms of Service constitute the complete and final expression of the entire and only understanding between You and Green Pal relating to the subject matter of this agreement and supersedes any prior written or oral representations.
These Terms of Service shall be governed by the laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between You and Green Pal that arises in whole or in part from your use of the Website or Services shall be decided exclusively by a court of competent jurisdiction located within Rutherford County, Tennessee or by the United States District Court for the Middle District of Tennessee, and You agree to the personal jurisdiction of such courts.
Posted October 31, 2012