Applicability

The following terms and conditions apply to all LawnMart Web Sites that are owned, operated, and maintained by or for Lawnmart Limited LLC and its United States subsidiaries and affiliates (“LawnMart”) including LawnMart.com and other LawnMart websites on which these terms and conditions are linked; LawnMart mobile applications; and the social media accounts and/or pages that we control LawnMart websites, applications, and social media accounts are collectively referred to in these terms and conditions as the “Site”.

These terms and conditions do not apply to: a limited number of LawnMart websites that are governed by separate terms and conditions or your interaction with or use of the website of any LawnMart franchisee. If you enter into an agreement for services with us (a “Service Agreement”), and a conflict exists between your Service Agreement and these Terms, the Service Agreement will preempt these Terms to the extent necessary to resolve the conflict.

General Provisions

THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY

ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.

We may, in our sole discretion, modify these Terms from time to time with or without notice to you. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

General Provisions

THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY

ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.

We may, in our sole discretion, modify these Terms from time to time with or without notice to you. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Jurisdiction and Governing Law

LawnMart makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. LawnMart does not intend this Site to be viewed or accessed outside the United States.

By entering this Site, you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to the laws of the State of Georgia, without regard to conflicts of laws principles.

If you use this Site from other locations, you are responsible for compliance with any and all applicable local laws.

Disclaimer of Warranties

This Site, and all information and materials contained herein, is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

LawnMart and all parties involved in creating, producing, or delivering this Site use reasonable efforts to ensure that all material on this Site is correct, but accuracy cannot be guaranteed.

WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE.

WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES WITH RESPECT TO ANY DOWNTIME, DELAYS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION, MATERIALS, OR SERVICES THROUGH THE SITE.

To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

LawnMart’s Intellectual Property

LawnMart will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection, compilation, and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of LawnMart or used on this Site with permission.

The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that information and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by LawnMart.

Except as expressly authorized by LawnMart, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services.

Without waiving any of the foregoing rights, you may print or download information on products/services from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices.

Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from LawnMart is prohibited.

Site Content & Functionality

LawnMart reserves the right to change, modify, or discontinue any components or functions of the Site or discontinue the Site in its entirety, in LawnMart’s sole discretion and without notice. Any special offers, promotions, discounts, or other offerings on the Site may be discontinued at any time without notice.

LawnMart provides general price information on the Site. You understand that LawnMart’s services are tailored to each customer and, therefore, the price you see on the Site may not be your final price. Your final price will be communicated to you when you agree to purchase LawnMart’s services.

You may be able to pay invoices, modify/update payment information, or otherwise submit payment information to LawnMart via the Site. You agree that we may supply your payment information to our third-party payment processor to complete your payment. For additional information regarding our PrePay and EasyPay Options, and your authorization for electronic processing of payments made by check, please see your Service Agreement.

PrePayment Agreement: If you elect to PrePay for some or all of your LawnMart services, you acknowledge and agree that depletion of your prepayment funds is not an automatic cancellation of your account and that services, including those containing the application of pesticides, will continue after your prepayment funds are depleted unless you contact us to cancel your account.

If your prepayment funds are depleted, you authorize us to convert your account to EasyPay status using the same debit/credit card or bank account used for your prepayment and to charge your debit/credit card or bank account for the cost of each service after it is performed.

Mobile Application

One component of our Site is our mobile application (“App”) which you may voluntarily use. You are responsible for ensuring that you have a mobile device, other equipment, and/or telecommunications service necessary to access and use the App.

LawnMart does not guarantee the quality, speed, or availability of the Internet connection associated with your device. LawnMart does not guarantee that the App can be used on all devices, with all telecommunications service providers, or in all geographic areas.

Your access to download and use the App may also be governed by the device manufacturer and/or App distributor’s (e.g., Apple, Google) terms of use and privacy policy which you should review prior to downloading the App.

So long as you abide by these Terms, LawnMart grants you a limited, non-exclusive, revocable, license to use the App for your own personal or household non-commercial purposes. We may revoke or further restrict this license at any time, for any reason, with or without notice to you.

General Submissions

You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.

Notwithstanding the fact that LawnMart or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, LawnMart and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

By entering this Site, you acknowledge and agree that any communication or material you transmit to this Site or LawnMart in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy.

Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, photos, or other materials you transmit to LawnMart may be used by LawnMart anywhere, anytime, and for any reason whatsoever.

Photo Submissions. Some areas on this Site allow you to submit personal photos. The general purpose of such submissions is to provide a visual and textual representation of your LawnMart product or to provide LawnMart with images of your lawn for LawnMart to review. We suggest you attach a high-quality photo of your product/service or lawn and provide an accurate, textual description that is both clear and relevant.

You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal. The following is a list of general photo restrictions:

• Photos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group, be profane or pornographic, or contain nudity;
• Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Photos cannot be obscene, offensive, or endorse any form of hate or hate group;
• Photos cannot defame, misrepresent or contain disparaging remarks about LawnMart, its products/services, or industry, or other people, products, or companies;
• Photos cannot contain trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind other than LawnMart, without permission, or contain any personal identification, such as personal names, e-mail addresses, or street addresses;
• Photos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) without permission;
• Photos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
• Photos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which LawnMart wishes to associate; and
• Photos cannot depict a violation, and cannot themselves, be in violation of any law.

By submitting a photo, you acknowledge that your photo may be posted on this Site or used for our commercial purposes, at our discretion, and without compensation to you. We reserve the right to, and may or may not, monitor/screen photos prior to posting them to the Site. By submitting a photo, you acknowledge that we have no obligation to use or post any photo you submit and we may delete or destroy your photo at any time at our discretion.

By submitting a photo you warrant and represent that: it is your original work and accurately reflects your experience with our product or the condition of your lawn and that depictions are known to be true and are based upon your use of our product; it has not been previously published; it has not received previous awards; it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; you have obtained permission from a person whose name, likeness or voice is used in the photo (if any); publication of the photo via various media, including Web posting, will not infringe on any third party rights; you have the unrestricted right to submit the photo; and you will indemnify and hold harmless both LawnMart and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.

By submitting a photo, you agree that your submission is gratuitous, made without restriction, will not place LawnMart under any obligation, and that we are free to disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.

You understand that submitting a photo grants LawnMart and its agents a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, publish, and use the photo in any way, in any and all media, without limitation, and without consideration to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by LawnMart’s employees, or obtained from sources other than you.