You are required to select a password in connection with your registration and use of the Registered Features. You are solely responsible for the protection of the password that you use to access certain areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify 1-800-Lawncare Dallas of any unauthorized use of your password.
The Site permits the submission of communications and content (such as photos) by you and other users (“User Content”) and the hosting, sharing, displaying, distributing and/or publishing of such User Content. You understand that such User Content may be accessed and viewed by others including the public in general and whether or not such User Content is published, 1-800-Lawncare Dallas does not guarantee any confidentiality with respect to any User Content. By submitting User Content, you hereby grant 1-800-Lawncare Dallas, its affiliates, distributors, successors and assigns the right to use, copy, display, perform, distribute, adapt, modify and promote such User Content in any medium.
1-800-Lawncare Dallas does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and 1-800-Lawncare Dallas will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. 1-800-Lawncare Dallas reserves the right to remove User Content without prior notice. 1-800-Lawncare Dallas may also terminate a user’s access to its Site if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site more than twice.
You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that 1-800-Lawncare Dallas is not responsible for and disclaims all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 1-800-Lawncare Dallas with respect thereto.
Prohibited Uses of Site and Registered Features
You agree that you will not use the Site or the Registered Features to upload, submit, post, transmit or otherwise make available User Content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, including without limitation rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, consumer protection, unfair competition, anti-discrimination or false advertising);
- That may be considered defamatory, libel, hateful, to express racial or religious bias or offense, threatening, or harassing to any person or corporation;
- That contains chain letters or pyramid schemes;
- Contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
- For which you were given any consideration (including, but not limited to, gifts or the chance to win a prize); or
- That contain software viruses or other harmful computer code or that in any way interfere with or disrupt the Site or Registered Features or any servers or networks connected to or used in connection with the Site or the Registered Features.
If you believe any User Content on the Site infringes upon your copyright rights, please forward the following information to the Copyright Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Web site where it is posted or the name of the book in which it has been published;
- Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an Email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Copyright Agent for notice of copyright infringement on the Site and mailing address is as follows: Attn: General Counsel, The Scotts Company, 14111 Scottslawn Road, Marysville, Texas 43041. You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.
Limitations and Disclaimers
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON OR OFFERED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ALL TEXT, GRAPHICS, AUDIO, VIDEO AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. USE OF THE SITE AND THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON OR OFFERED THROUGH THE SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1-800-LAWNCARE DALLAS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 1-800-LAWNCARE DALLAS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE REGISTERED FEATURES WILL MEET YOUR REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE.
NEITHER 1-800-LAWNCARE DALLAS NOR ITS SUPPLIERS OR SERVICE PROVIDERS WILL, IN ANY EVENT, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY THEORY OF LAW, EVEN IF 1-800-LAWNCARE DALLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Consent to Electronic Delivery of Notices
Changes to Site and Termination of Accounts
1-800-Lawncare Dallas reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, services and features available on the Site (or any part thereof) with or without notice. You agree that 1-800-Lawncare Dallas shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or services and features of the Site (or any part thereof).