Terms and conditions
Terms and Conditions
Agreement between User and Green Clippings, LLC.
These Terms and Conditions (the “Terms”) govern your visits to www.greenclippings.com (the “Site”) and/or Green Clippings mobile application (the “App”). The Site and the App are referred to collectively herein as the “Platform.” Green Clippings LLC (“we,” “us,” or “our”) owns and operates this Platform. The term "you" refers to any user of the Platform.
Green Clippings is an E-Commerce Site that operates a Mobile Landscaping Business.
2. Neutral Venue
a) Description. The Platform facilitates lawn care services include mowing, trimming, edging, fertilizing, weed control, and other services as agreed upon by both parties.
b) Neutral Venue. Our role is limited to providing content on an “as is” basis, to be relied at your own risk. We shall not be held liable for what users decide to do with the information presented on our Platform.
c) Liability. We will not be held liable for any damages or injuries that may occur on the customer's property during the course of providing services. Customers are responsible for ensuring that their property is safe and accessible for Green Clippings workers employees.
d) Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
e) DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
f) Third Parties. The Platform contains references to third party websites, software and supporting services. We shall not be liable for any third party venues and do not guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.
3. Electronic Communications
Visiting Green Clippings or sending emails to Green Clippings constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
4. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Green Clippings is not responsible for third party access to your account that results from theft or misappropriation of your account. Green Clippings and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
5. Children Under Thirteen and Acceptable Use Policy
Green Clippings does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Green Clippings only with permission of a parent or guardian.
In addition, by visiting this Platform, you represent and agree that:
a) You have a full capacity to enter into a legally binding agreement, such as these Terms.
b) You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
c) All sales are final. You can cancel your membership at anytime but we will not issue refunds.
d)You will not use our platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent or encouragement of violence.
e) You will ask for our permission before copying anything from our Platform for republication.
f) You will not use our Platform for anything illegal.
g) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
h) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
i) You will not impede the proper functioning of the Platform.
6. Links to Third Party Sites/Third Party Services
Green Clippings may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Green Clippings and Green Clippings is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Green Clippings is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Green Clippings of the site or any association with its operators.
Certain services made available via Green Clippings are delivered by third party sites and organizations. By using any product, service or functionality originating from the Green Clippings domain, you hereby acknowledge and consent that Green Clippings may share such information and data with any third party with whom Green Clippings has a contractual relationship to provide the requested product, service or functionality on behalf of Green Clippings users and customers.
7. No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Green Clippings or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Green Clippings content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Green Clippings and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Green Clippings or our licensors except as expressly authorized by these Terms.
8. Copyright Infringement Claims
We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to firstname.lastname@example.org. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
i. Identify the copyrighted work that you claim has been infringed.
ii. Identify the material or link you claim is infringing.
iii. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
iv. Include both of the following statements in the body of your report:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
- “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
v. Provide your full legal name and your electronic or physical signature.
9. Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Green Clippings has no obligation to monitor the Communication Services. However, Green Clippings reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Green Clippings reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Green Clippings reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Green Clippings's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Green Clippings does not control or endorse the content, messages or information found in any Communication Service and, therefore, Green Clippings specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Green Clippings spokespersons, and their views do not necessarily reflect those of Green Clippings.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
10. Materials Provided to Green Clippings or Posted on Any Green Clippings Web Page
Green Clippings does not claim ownership of the materials you provide to Green Clippings (including feedback and suggestions) or post, upload, input or submit to any Green Clippings Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Green Clippings, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Green Clippings is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Green Clippings’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
11. Third Party Accounts
You will be able to connect your Green Clippings account to third party accounts. By connecting your Green Clippings account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
12. International Users
The Service is controlled, operated and administered by Green Clippings from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Green Clippings Content accessed through unlawful means in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
13. Payment and Cancellation policy
a) Payment. Customers agree to pay for all services rendered by Green Clippings at the time of order. Customers will be invoiced for services on a regular basis.
b) Cancellation. Customers may cancel their service with Green Clippings at any time by providing written notice. If a customer cancels their service, they will be responsible for paying any outstanding balances owed to Green Clippings.
c) No Refunds. All services ordered through the Green Clippings website and App are non-refundable.
14. Breach of the Terms and Conditions
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) suspend the user and take any other action available under law.
You agree to indemnify, defend and hold harmless Green Clippings, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Green Clippings reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Green Clippings in asserting any available defenses.
Notwithstanding the forgoing, for disputes, claims, or controversies arising between service Providers and Customers, you agree to work together to amicably resolve the dispute between yourselves. In the event the same cannot be resolved, Green Clippings retains the right (but not the obligation) to resolve a claim in its own discretion or through the use of a neutral resolution, mediation, or arbitration process conducted by Green Clippings or a neutral third-party mediator or arbitrator selected by Green Clippings. Notwithstanding the foregoing, you acknowledge and agree that Green Clippings is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
17. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Green Clippings agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
18. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GREEN CLIPPINGS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GREEN CLIPPINGS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GREEN CLIPPINGS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
19. Termination/Access Restriction
Green Clippings reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Green Clippings as a result of this agreement or use of the Site. Green Clippings' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Green Clippings' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Green Clippings with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Green Clippings with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Green Clippings with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
20. Changes to Terms
Green Clippings reserves the right, in its sole discretion, to change the Terms under which the services are offered. The most current version of the Terms will supersede all previous versions. Green Clippings encourages you to periodically review the Terms to stay informed of our updates.
21. Contact Us
Green Clippings welcomes your questions or comments regarding the Terms:
Green Clippings LLC
_________________, _________________ _________________
Effective as of January 11, 2023