Terms and Conditions

By accessing, browsing and/or using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

RESTRICTIONS ON USE

The materials published in this site, LAWNDOCTOR.COM (the "Site"), and any other World Wide Web site owned, operated, licensed or controlled by Lawn Doctor, Inc. ("Lawn Doctor") or any of its related, affiliated or subsidiary companies (collectively, the "Materials") may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of Lawn Doctor or any of its relevant related, affiliated or subsidiary company, or companies, as the case may be. Lawn Doctor owns or has licensed all Materials contained in this Site and retains all right and title to them. The Materials in this Site are provided for lawful purposes only.

DISCLAIMER

THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. LAWN DOCTOR MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. LAWN DOCTOR DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LAWN DOCTOR DOES NOT WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAWN DOCTOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU, AND NOT LAWN DOCTOR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

RESTRICTION OF LIABILITY

LAWN DOCTOR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. LAWN DOCTOR WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY LAWN DOCTOR OR BY AN AUTHORIZED LAWN DOCTOR REPRESENTATIVE, OR AN AUTHORIZED LAWN DOCTOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. LAWN DOCTOR'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO LAWN DOCTOR, IF ANY, TO ACCESS THIS SITE.

SUBMISSIONS

All remarks, suggestions, ideas, graphics or other information communicated to Lawn Doctor through this Site (together, the "Submission") will forever be the property of Lawn Doctor and you waive all of your rights, including but not limited to moral rights, therein if applicable. Except as described in our Privacy Policy, Lawn Doctor will not be required to treat any Submissions as confidential and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future operations. Without limitation, Lawn Doctor will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in the last paragraph of this section, Lawn Doctor will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.

TRADEMARK INFORMATION

All Lawn Doctor trademarks, service marks, LAWNDOCTOR.COM, other names and trademarks of Lawn Doctor affiliates, products or services are either trademarks, registered trademarks, service marks, logos or domain names ("Marks") of Lawn Doctor. You may not use any Marks of Lawn Doctor or any third party without written permission from the owner of the applicable Marks.

Other product or company names may be trademarks of their respective owners.

You may contact Lawn Doctor by sending an e-mail to information@lawndoctor.com or writing to Lawn Doctor, Inc., Attn: Webmaster, 142 State Route. 34, Holmdel, N.J. 07733 to request written permission to use Materials on this Site for purposes other than stated in the Terms and Conditions of Use or for all other questions relating to this Site.

LINKS

At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained or otherwise posted by organizations independent of Lawn Doctor. Lawn Doctor does not endorse, approve, certify, maintain or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such addresses. Lawn Doctor provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Lawn Doctor.

There may be circumstances where access to this Site is provided by a hypertext link located at another site. Lawn Doctor has no responsibility for the content of such other sites, does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites, and Lawn Doctor shall not be liable for any damages or injury arising from the content of or access to these other sites. Lawn Doctor does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site. Unless approved in writing in advance by Lawn Doctor you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other sites pertaining to any of the Materials located at this Site. You also agree not to post any materials at this Site without the express written permission of Lawn Doctor.

JURISDICTION; COMPLIANCE WITH LAWS

Except as described otherwise, all Materials on this Site are made available only to provide information about Lawn Doctor. Lawn Doctor controls and operates this Site from its headquarters in Holmdel, New Jersey, United States of America, and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws.

Access to this Site is governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted only in a state or federal court located in the State of New Jersey, U.S.A. and, in the case of arbitration the arbitration shall take place in New Jersey according to the procedure set forth below. You and Lawn Doctor agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

ARBITRATION

Any controversy or dispute between you and Lawn Doctor concerning this Site or the Materials shall be submitted to final and binding arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Somerset, N.J. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms and Conditions, the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment. Before, during or after arbitration, each party shall have the right, without awaiting the outcome of the arbitration, to seek provisional remedies from an appropriate court, including but not limited to, temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.

WAIVER

No delay or omission by Lawn Doctor to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms and Conditions will impair any such right or power or be construed to be a waiver thereof. Any waiver by Lawn Doctor of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

MODIFICATIONS TO TERMS AND CONDITIONS

Lawn Doctor can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

MISCELLANEOUS

These Terms and Conditions will be governed by and be interpreted pursuant to the laws of the State of New Jersey, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Site.