| Terms
of Use
We
have taken every effort to design our Web site
to be useful, informative, helpful, honest and
fun. Hopefully we’ve accomplished that
— and would ask that you let us know if
you’d like to see improvements or changes
that would make it even easier for you to find
the information you need and want.
All we ask is that you agree to abide by the
following Terms and Conditions. Take a few minutes
to look them over because by using our site
you automatically agree to them.
Naturally, if you don’t agree, please
do not use the site. We reserve the right to
make any modifications that we deem necessary
at any time. Please continue to check these
terms to see what those changes may be! Your
continued use of the PersonalCutLandscaping.com
Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All
Online Materials on the PersonalCutLandscaping.com
site, including, without limitation, text, software,
names, logos, trademarks, service marks, trade
names, images, photos, illustrations, audio
clips, video clips, and music are copyrighted
intellectual property.
All usage rights are owned and controlled by
PersonalCutLandscaping.com. You, the visitor,
may download Online Materials for non-commercial,
personal use only provided you 1) retain all
copyright, trademark and propriety notices,
2) you make no modifications to the materials,
3) you do not use the materials in a manner
that suggests an association with any of our
products, services, events or brands, and 4)
you do not download quantities of materials
to a database, server, or personal computer
for reuse for commercial purposes. You may not,
however, copy, reproduce, republish, upload,
post, transmit or distribute Online Materials
in any way or for any other purpose unless you
get our written permission first. Neither may
you add, delete, distort or misrepresent any
content on the PersonalCutLandscaping.com site.
Any attempts to modify any Online Material,
or to defeat or circumvent our security features
is prohibited.
Everything you download, any software, plus
all files, all images incorporated in or generated
by the software, and all data accompanying it,
is considered licensed to you by PersonalCutLandscaping.com
or third-party licensors for your personal,
non-commercial home use only. We do not transfer
title of the software to you. That means that
we retain full and complete title to the software
and to all of the associated intellectual-property
rights. You’re not allowed to redistribute
or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other
form that people can use.
Submitting Your Online Material to Us
All
remarks, suggestions, ideas, graphics, comments,
or other information that you send to PersonalCutLandscaping.com
through our site (other than information we
promise to protect under our privacy policy
becomes and remains our property, even if this
agreement is later terminated.
That means that we don’t have to treat
any such submission as confidential. You can’t
sue us for using ideas you submit. If we use
them, or anything like them, we don’t
have to pay you or anyone else for them. We
will have the exclusive ownership of all present
and future rights to submissions of any kind.
We can use them for any purpose we deem appropriate
to our PersonalCutLandscaping.com mission, without
compensating you or anyone else for them.
You acknowledge that you are responsible for
any submission you make. This means that you
(and not we) have full responsibility for the
message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation of Liability
PersonalCutLandscaping.com
WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY
THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY
OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES
OR INJURY CAUSED BY ANY:
• USE OF (OR INABILITY TO USE) THE SITE
• USE OF (OR INABILITY TO USE) ANY SITE
TO WHICH YOU HYPERLINK FROM OUR SITE
• FAILURE OF OUR SITE TO PERFORM IN THE
MANNER YOU EXPECTED OR DESIRED
• ERROR ON OUR SITE
• OMISSION ON OUR SITE
• INTERRUPTION OF AVAILABILITY OF OUR
SITE
• DEFECT ON OUR SITE
• DELAY IN OPERATION OR TRANSMISSION OF
OUR SITE
• COMPUTER VIRUS OR LINE FAILURE
• PLEASE NOTE THAT WE ARE NOT LIABLE FOR
ANY DAMAGES, INCLUDING:
o DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY
FOR A LOSS OR INJURY
o DAMAGES REASONABLY EXPECTED TO RESULT FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.")
o OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL
TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT
OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW
US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL"
OR "CONSEQUENTIAL" DAMAGES. IF YOU
LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION
OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT
YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES
OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU
FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS
OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED
TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL
CONDUCT, OR THEY’RE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN
THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR
SITE.
Links to Other Site
We
sometimes provide referrals to and links to
other World Wide Web sites from our site. Such
a link should not be seen as an endorsement,
approval or agreement with any information or
resources offered at sites you can access through
our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your
WWW browser to see if you are still in a PersonalCutLandscaping.com
-operated site or have moved to another site.
PersonalCutLandscaping.com is not responsible
for the content or practices of third party
sites that may be linked to our site.
When PersonalCutLandscaping.com provides links
or references to other Web sites, no inference
or assumption should be made and no representation
should be inferred that PersonalCutLandscaping.com
is connected with, operates or controls these
Web sites. Any approved link must not represent
in any way, either explicitly or by implication,
that you have received the endorsement, sponsorship
or support of any PersonalCutLandscaping.com
site or endorsement, sponsorship or support
of PersonalCutLandscaping.com, including its
respective employees, agents or directors.
Termination of This Agreement
This
agreement is effective until terminated by either
party. You may terminate this agreement at any
time, by destroying all materials obtained from
all PersonalCutLandscaping.com Web site, along
with all related documentation and all copies
and installations. PersonalCutLandscaping.com
may terminate this agreement at any time and
without notice to you, if, in its sole judgment,
you breach any term or condition of this agreement.
Upon termination, you must destroy all materials.
In addition, by providing material on our Web
site, we do not in any way promise that the
materials will remain available to you. And
PersonalCutLandscaping.com is entitled to terminate
all or any part of any of its Web site without
notice to you.
Jurisdiction and Other Points to Consider
If
you use our site from locations outside of the
United States, you are responsible for compliance
with any applicable local laws.
These Terms of Use shall be governed by, construed
and enforced in accordance with the laws of
the State of New Jersey, as it is applied to
agreements entered into and to be performed
entirely within such jurisdiction.
To the extent you have in any manner violated
or threatened to violate PersonalCutLandscaping.com
and/or its affiliates' intellectual property
rights, PersonalCutLandscaping.com and/or its
affiliates may seek injunctive or other appropriate
relief in any state or federal court in the
State of New Jersey, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we
agree to first try to resolve it with the help
of a mutually agreed-upon mediator in the following
location: Galloway Township, New Jersey. Any
costs and fees other than attorney fees associated
with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we
agree to submit the dispute to binding arbitration
at the following location: Galloway Township,
New Jersey, under the rules of the American
Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in
any court with jurisdiction to do so.
PersonalCutLandscaping.com may modify these
Terms of Use, and the agreement they create,
at any time, simply by updating this posting
and without notice to you. This is the ENTIRE
agreement regarding all the matters that have
been discussed.
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