TERMS AND CONDITIONS - Lawn Poolice

Welcome to LawnPoolice.com. This website is operated by Lawn Poolice LLC (“Lawn Poolice”), a Wisconsin limited liability company.

1. General

By accessing and/or using LawnPoolice.com or any of the information, content, or services provided through LawnPoolice.com (the “Website”), you agree to be legally bound by all terms and conditions contained in this Terms of Use Agreement (“Agreement”). You are authorized to access and/or use the Website only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement, regardless of whether your access or use is intentional. If you do not agree to be bound by this Agreement or to abide by all applicable laws, rules and regulations, you must discontinue any and all use of the Website immediately.

Lawn Poolice may, from time to time, modify the terms of this Agreement, and any such changes will be posted here. The date of the most recent update is listed at the end of this Agreement. Your continued use of the Website after any changes to this Agreement will mean that you accept those changes and agree to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly.

2. Eligibility

Use of the Website is void where prohibited. By using the Website, you represent and warrant that: (a) all information that you provide on the Website is truthful and accurate; (b) you will continuously maintain the accuracy of all information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any Applicable Law. If you do not meet all of these requirements, you must not access or use the Website.

3. Access and Account Security

Lawn Poolice reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. Lawn Poolice also reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, without prior notice or explanation, and without liability. Lawn Poolice will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with or otherwise use this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of the Website’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify Lawn Poolice immediately if you suspect any unauthorized access to or use of your user name or password or any other breach of security. Lawn Poolice will make reasonable efforts to protect your password, and will notify you in the event that we become aware of any breach to our security measures. Lawn Poolice reserves the right to disable any user name, password or other identifier, whether chosen by or provided to you, at any time in for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

4. Website Content

Content on the Website that is provided by Lawn Poolice, its employees or its licensors, including original art work, graphics, images, text, music, trademarks, logos, product and service names, slogans, and the compilation of the foregoing (“Website Content”) is the exclusive property of Lawn Poolice and its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws. You do not acquire ownership rights when viewing, purchasing, or downloading any products or materials from the Website.

You are authorized to access and use the Website and related Website Content as set forth in this Agreement, provided that: (a) you will not copy, distribute or transfer any portion of the Website or Website Content on any media, in accordance with the Computer Fraud and Abuse Act; (b) you will not alter, adapt or otherwise modify any part of the Website or Website Content other than as may be reasonably necessary to use that part of the Website or Website Content for its intended purpose; (c) your use of the Website and Website Content as permitted hereunder is solely for your personal, non-commercial use; and (d) you will otherwise comply in full with this Agreement.

Although Lawn Poolice attempts to ensure the integrity and accurateness of the Website and Website Content, it makes no representations and is not responsible for and makes no warranties, express or implied, as to the accuracy and reliability of the Website and Website Content. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Lawn Poolice by contacting info@lawnpoolice.com. Giving such notice, however, does not guarantee that defects in the Website will be corrected.

5. User Content.

The Website may contain features that allow you to post, submit, publish, display, or transmit to other persons content or materials (collectively, “User Content”) on or through the Website. Lawn Poolice does not claim any ownership rights in the text, files, images, photos, video, or any other User Content that you post or display or publish on or in connection with the Website. After posting User Content on the Website, you continue to retain any rights that you previously had in your User Content, subject to the limited non-exclusive license herein.

In posting any User Content on or in connection with the Website, you grant to Lawn Poolice and its affiliates and service providers a limited license to use, modify, delete from, add to, publicly display, reproduce, and distribute such User Content for any purpose. The license that you grant to Lawn Poolice is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that Lawn Poolice is not required to pay you or anyone else deriving rights from the Content for its use on the Website), sublicensable (so that Lawn Poolice is able to use its affiliates, subcontractors and other partners to operate or promote the Website), and worldwide (because the Internet is global in reach).

You represent and warrant that you own or otherwise have the right to grant the license set forth above to all User Content posted by you on or in connection with the Website. You also represent and warrant that the posting of your Content does not violate any privacy rights, publicity rights, trademarks, copyrights, contract rights, or other rights of any person or entity. You agree to pay all royalties, fees, and any other money owed to any person or entity because of the use of any User Content posted by you on or in connection with the Website.

Lawn Poolice reserves the right to remove or refuse to post any User Content for any or no reason, or take any other action with respect to any User Content that Lawn Poolice deems necessary or appropriate in its sole discretion. This includes, but is not limited to, disclosing your identity or other information about you to any third party who claims that material posted by you violates their intellectual property rights or their right to privacy, and/or taking appropriate action for any illegal or unauthorized use of the Website. However, Lawn Poolice assumes no responsibility or liability for any User Content or other information posted by any third party on the Website, and shall have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section. If you become aware of misuse of the Website by any person, please promptly report abuse to info@lawnpoolice.com.

6. Notice of Copyright Infringement

Lawn Poolice respects the intellectual property of others. If Lawn Poolice becomes aware of allegations of copyright infringement in User Content distributed through the Website, Lawn Poolice will investigate the allegations and take appropriate action. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact info@lawnpoolice.com and include the following information in your complaint:

a description of the copyrighted work claimed to have been infringed, or, if your complaint is in reference multiple copyrighted works on the Website, a representative list of such works;
a description of the material or activity that is claimed to be infringing, including information reasonably sufficient to permit Lawn Poolice to locate such material; and
your contact information (name, address, telephone, e-mail address, etc.).

7. Prohibited Activities

The following are examples of the kind of activity that is illegal or prohibited on the Website. Lawn Poolice reserves the right to investigate and take appropriate action against anyone who, in Lawn Poolice’s sole discretion, violates this provision, including, without limitation, denying, restricting, suspending, or terminating access to all or any part of the Website at any time and/or reporting such activity to law enforcement authorities. Prohibited activity includes, but is not limited to:

posting User Content or otherwise using the Website in a manner that promotes, advances, or indicates illegal activities, including, but not limited to, criminal or tortious activity such as child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spinning, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any person or entity to buy or sell any products or services through the unauthorized or impermissible use of the Website;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Website Content or User Content from the Website other than your User Content which you legally post on or in connection with the Website;
providing or using “tracking” or monitoring functionality in connection with the Website, including identifying the views, actions, or other activities of the Website’s users;
engaging in any automated use of the Website, such as using scripts to connect with the Website’s users or to send comments, messages, blogs or bulletins;
interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected with the Website;
impersonating or attempting to impersonate Lawn Poolice or an Lawn Poolice employee, administrator or moderator, another Website user, or person or entity (including, without limitation, the use of e-mail addresses of or associated with any of the foregoing);
soliciting or using the account, username, or password of another Website, disclosing your password to any third-party, or permitting any third-party to access your account;
using or distributing any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
relaying e-mail from a third-party’s mail servers without the permission of that third-party;
using invalid or forged headers to disguise the origin of any Website Content, User Content, or other communications transmitted to or through Lawn Poolice’s computer systems, or otherwise misrepresenting yourself or the source of any Website Content, User Content, or other communications transmitted to or through Lawn Poolice’s computer systems;
using any automated system, including, but not limited to, scripts or bots in order to harvest e-mail addresses or other data from the Website for the purposes of sending unsolicited or unauthorized material;
engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated in any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
using the Website in a manner inconsistent with any and all Applicable Law.

8. Disclaimers

The Website may contain links to other sites and resources provided by third parties, including links contained in advertisements and sponsored links. Inclusion of any linked website or service on the Website does not imply approval or endorsement of the linked website or service by Lawn Poolice. Lawn Poolice assumes no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Lawn Poolice cannot guarantee and does not promise any specific results from use of the Website, and does guarantee the integrity or accuracy of information posted on the Website. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and data accuracy, and for maintaining a means external to the Website for any reconstruction of any lost data. Lawn Poolice will not be liable for any loss or damage caused by viruses or other technologically harmful material that may damage your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LAWN POOLICE MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, NON-INFRINGEMENT, OR QUIET ENJOYMENT.

9. Limitation on Liability

IN NO EVENT SHALL LAWN POOLICE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LAWN POOLICE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LAWN POOLICE FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.

10. Indemnification

You agree to indemnify and hold Lawn Poolice, its owners, agents, partners and employees, harmless from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any User Content that you post on or in connection with the Website.

11. Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Wisconsin without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Wisconsin. You and Lawn Poolice agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or the Website. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD- PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

12. Age of Users

Children under the age of thirteen (13) may NOT use the Website, and parents or legal guardians may NOT agree to this Agreement on behalf of a child under the age of thirteen (13). If Lawn Poolice becomes aware that a child under the age of thirteen (13) has provided or attempted to provide Lawn Poolice with personal information, Lawn Poolice will use its best efforts to remove the information permanently from its possession.

13. Other Legal Provisions

Your agreement with Lawn Poolice will always include this Agreement at a minimum. Your access and use of certain portions of the Website may require you to accept additional terms and conditions applicable to those portions of the Website, in addition to this Agreement. Lawn Poolice may discontinue the Website or change the contents, operation, or any and all other features of the Website at any time and for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lawn Poolice as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of Lawn Poolice’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or Website Content. 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.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The failure of Lawn Poolice to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is the entire and final Agreement regarding the Website and Website Content, and supersedes any prior or contemporaneous communications between you and Lawn Poolice regarding the Website and Website Content. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns about this Agreement, please contact Lawn Poolice at info@lawnpoolice.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.

EFFECTIVE DATE: October 27, 2014