Term and condition

TERMS AND CONDITIONS FOR CUSTOMERS

Mowing and Plowing , LLC

 

Welcome to Mowing and Plowing, LLC (“the Site,”, “the App”, “the service,” ”services”, “us,” “we”, "our", "company", "website", “Mowing and Plowing”). The Site and the mobile application are operated by Mowing and Plowing, LLC (the "Company," "we," “our” or "us”). By accessing or using our Site, App or services you signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions or “Agreement"), regardless of whether you are a registered user of the Site.  By visiting our Site, using our App or signing up for any of our services, you engage in our Services (the “Service”, “Services”).  These Terms and Conditions apply to all users of the Site who are browsers or customers. You must be at least 18 years old or older to gain access to our website and its contents. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site, the App, or any of our services.  

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

This is a legal agreement between You and Mowing and Plowing, LLC. You should carefully read this agreement and the Company’s Privacy Policy, which is incorporated into and are part of this agreement. YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, These Terms and Conditions are applicable to customers. Our relationship with our Vendors is governed by a separate Terms and Conditions for Vendors which is available below.

These Terms and Conditions were last updated on November 7, 2021.

Section 1 – Account Creation

You need an account for most services provided by the Company, including to sign up for services. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. The Company may terminate your account and your access to our services for any or no reason at any time in our sole discretion. 


 

You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account. 

By creating an account, You agree that the we may send SMS text messages to the phone number you provide as part of the scheduling and use of our Services. As governed by our Privacy Policy, you agree to allow us to use Your information to enable us to provide our Services.

Users must be at least 18 years of age to create an account on Mowing and Plowing and use the Services. If you are below this age of consent to use online services, you may not create an account. If we discover that you have created an account that violates these rules, we will terminate your account. 

Section 2 - Access to the Service.

2.1.     Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and App. You may use our Website and/or our App to schedule on demand lawn care, landscaping, and other services offered by Us. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.

2.2.      Company may change, modify, suspend, or discontinue any aspect of the Service at any time Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.

2.3 By using our Services you represent and warrant that You have the legal right to contract for our Services to be provided to your property. You specifically acknowledge that We are relying on that representation when providing those Services. 

2.4 Mowing and Plowing  serves to connect homeowners with Vendors who perform lawn care, landscaping and related services. Mowing and Plowing, LLC hires independent contractors (“Vendors”) to perform the Services. You acknowledge that We have no control over the actions of the Vendors. As outlined below, the Mowing and Plowing Parties (as defined below) are not liable for any conduct of our Vendors. 

Section 3 - Usage Rules.  As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law, including without limitation any applicable export laws; or (g) allow another person or entity to use your identity in order to access the Service..

Section 4 – Payment. You may be able to pay invoices, modify/update payment information, or otherwise submit payment information to Mowing and Plowing  via the Site or App. You agree that we may supply your payment information to our third-party payment processor to complete your payment. Any fees which the Company may charge you for the Services are due immediately upon completion of your lawn care service and are non-refundable. This no refund policy will apply at all times regardless of your decision to terminate your usage, the Company's decision to terminate your usage, disruption caused to our Services either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing. The pricing information published on the website may not reflect the prevailing pricing. The Company may, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on your offer or contract. The Company may change the fees for our Services as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Services.

Section 5 - Privacy and Protection of Personal Information. Notwithstanding anything else to the contrary contained in these Terms of Use, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our services shall be governed by our Privacy Policy. For further information regarding the Company's protection of your personal information, please refer to our Privacy Policy listed below.

Section 6 - Disclaimers; Limitations; Waivers of Liability.

6.1. FNH PROS, LLC MAKES NO REPRESENTATION OR WARRANTIES AS TO THE VENDORS, INCLUDING BUT NOT LIMITED TO THEIR QUALITY OF SERVICE OR INSURANCE STATUS.   FNH PROS SERVES TO CONNECT HOMEOWNERS WITH VENDORS WHO PERFORM LAWNCARE, SNOW PLOWING, AND RELATED SERVICES AND FNH COLLECTS PAYMENTS FOR THE REMITTANCE TO THE VENDORS MINUS THE FEE FOR OUR INTERMEDIARY SERVICES. YOUR DEALINGS WITH THE VENDORS ARE SOLELY BETWEEN YOU AND THE VENDORS.  

6.2 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, OR ATTORNEYS (COLLECTIVELY, “FNH PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, AVAILABLE IN A PARTIULAR LOCATION OR TIME, BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

6.3.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FNH PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE FNH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE FNH PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOU HAVE PAID THE COMPANY IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED DOLLARS.

6.4 IN THE EVENT OF ANY LOSS OR DAMAGE, YOU HEREBY RELEASE FNH PARTIES FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DIRECT OR INDIRECT, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, APP OR THE SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

6.5 YOU AND THE COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND WE FURTHER AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

6.6. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE.

Section 7 - Release. You forever release, discharge, and covenant not to sue the Mowing and Plowing Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Mowing and Plowing Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Mowing and Plowing Parties if anything happens to you, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

Section 8 - Indemnification. You agree to indemnify, defend and hold harmless Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your misuse of the Site of Services, your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of our Services.

Section 9 - Governing Law and Dispute Resolution. 

These Terms and Conditions and any separate Agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of Ohio.

The laws applicable to the interpretation of this Agreement shall be the laws of the State of Ohio, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Lake County, Ohio. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Eastlake, Ohio with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Lake County, Ohio, and waive any objection to such jurisdiction or venue. 

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR MOBILE APPLICATION OR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. 

Section 10 –Refund and Cancellation Policy. Cancellation, change or skip of your lawn service must be communicated by phone or received via email before 5:00PM CST the business day before your service day to avoid a cancellation fee. Our schedules are set and routed for our crews the day before and changes that occur the day of service interrupt the routing process and prevent services available to other customers. A cancellation service fee of $25.00 will apply to customers who cancel, change or skip a service any time after 5:00PM the business day before service or on their actual service day. If your service day is Monday, a cancel, change or skip must be communicated before 5:00PM on the Friday before.

Section 11 – Mobile Application. You may voluntarily use our mobile application (“App”) as one component of our Site. You are responsible for ensuring that you have a mobile device, other equipment, and/or telecommunications service necessary to access and use the App. Mowing and Plowing does not guarantee the quality, speed, or availability of the Internet connection associated with your device. Mowing and Plowing 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 this Agreement, Mowing and Plowing grants you a limited, non-exclusive, revocable, license to use the App. We may revoke or further restrict this license at any time, for any reason, with or without notice to you.

Section 12 – Severability. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.  

Section 13 – Intellectual Property. This Site, the App, and all of its contents the intellectual property of the Company and may not be reproduced, copied, published, or used without the express written consent of Mowing and Plowing, LLC. All rights reserved. 

Section 14 – Miscellaneous. Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with the Company relating to the Service. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Section 15 - Statute of Limitations. You and Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policies) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

Section 16 - Changes to this Agreement. 

You can review the most current version of the Terms and Conditions at any time at this page.  We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Section 17 – Entire Agreement

The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 

Section 18 – Contact Information 

Questions about the Terms and Conditions should be sent to us at Hello@mowingandplowing.com  

 

 

 

 

 

 

 

TERMS AND CONDITIONS FOR VENDORS

Mowing and Plowing, LLC

 

Welcome to Mowing and Plowing, LLC (“the Site,”, “the App”, “the service,” ”services”, “us,” “we”, "our", "company", "website", “Mowing and Plowing”). The Site and the mobile application are operated by Mowing and Plowing, LLC (the "Company," "we," “our” or "us”). By accessing or using our Site, App or services you signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions or “Agreement" or “Independent Contractor Agreement”), regardless of whether you are a registered user of the Site.  By visiting our Site, using our App or signing up for any of our services, you engage in our Services (the “Service”, “Services”).  

These Terms and Conditions apply to all users of the Site who are vendors or independent contractors. You must be at least 18 years old or older to gain access to our website and its contents. As used herein, “You,”, “Vendor”, “User” or "Users" means anyone who accesses and/or uses the Site, the App, or any of our services and is in the business of providing lawn care, landscaping and related services.  

This is a legal agreement between You and Mowing and Plowing, LLC (individually, each a “Party”; collectively the “Parties”). You should carefully read this agreement and the Company’s Privacy Policy, which is incorporated into and are part of this agreement. YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, These Terms and Conditions are applicable to Vendors. Our relationship with our customers is governed by a separate Terms and Conditions for Customers which is available above.

These Terms and Conditions were last updated on September 7, 2020.

Section 1 – Independent Contractor Status. It is the express intent of the Parties, that You are an independent contractor, and not an employee, agent, representative, joint venturer, or partner of Mowing and Plowing, LLC for any purpose whatsoever. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between You and Us or any of our agents or employees.

Both Parties acknowledge that You is not an employee for state or federal tax purposes or for purposes of unemployment insurance or other requirements of federal or state employment law.  We will not provide any fringe benefits, including but not limited to health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Vendor. 

Section 2 - Term. This Agreement shall be in effect upon Your first use of our Services and shall continue in effect until terminated in writing by either Party. Either party may terminate this agreement for any reason without prior notice.

Section 3 – Services to be Provided. You, as an independent contractor, hereby agree to provide the Services on the terms and conditions set forth in this Agreement. You are responsible for providing all necessary equipment, transportation, supplies, and other materials required to perform the Services at your own expense. You represent and warrant to the Company and our customers that you have the legal capacity to enter into this Agreement and to fully perform your obligations under this Agreement; you are not bound by any other agreement that would conflict with or be breached by your performance of the Services; you have the ability to perform the Services in an expert manner; you shall perform the Services professionally and in a workmanlike manner in accordance with the industry standard for similar services; you shall perform the Services in compliance with all applicable rules, laws, and regulations; and you shall devote sufficient time and resources to ensure that the Services are performed in a timely and reasonable manner.

Section 4 – Payment. Upon completion of a Service for our customers, the Company will pay you the agreed upon amount. Payment will be processed on the next business day following the completion of the service. In accordance with IRS regulations, the Company will issue a 1099-MISC at the end of the year for all payments made to you. You are solely responsible for any and all federal, state and/or local taxes related to the amounts paid to you.

Section 5 - Privacy and Protection of Personal Information. Notwithstanding anything else to the contrary contained in these Terms of Use, Company’s collection, use, disclosure and sharing of any personally identifiable information you provide via the Site or use of our services shall be governed by our Privacy Policy. For further information regarding the Company's protection of your personal information, please refer to our Privacy Policy listed below.

Section 6 - Disclaimers; Limitations; Waivers of Liability.

6.1. Mowing and Plowing, LLC MAKES NO REPRESENTATION OR WARRANTIES AS TO THE CUSTOMERS, INCLUDING BUT NOT LIMITED TO THEIR TRUSTWORTHINESS OR IDENTITY. FNH PROS SERVES TO CONNECT HOMEOWNERS WITH VENDORS WHO PERFORM LAWNCARE, Snow Plowing, AND RELATED SERVICES AND Mowing and Plowing COLLECTS PAYMENTS FOR THE REMITTANCE TO THE VENDORS MINUS THE FEE FOR OUR INTERMIDIARY SERVICES. YOUR DEALINGS WITH THE CUSTOMERS ARE SOLELY BETWEEN YOU AND THE CUSTOMER.  

6.2 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, OR ATTORNEYS (COLLECTIVELY, “FNH PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, AVAILABLE IN A PARTIULAR LOCATION OR TIME, BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

6.3.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FNH PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE FNH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE FNH PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT THE COMPANY HAS PAID TO YOU IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED DOLLARS.

6.4 IN THE EVENT OF ANY LOSS OR DAMAGE, YOU HEREBY RELEASE FNH PARTIES FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DIRECT OR INDIRECT, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE, APP OR THE SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

6.5 YOU AND THE COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND WE FURTHER AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

6.6. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE.

Section 7 - Release. You forever release, discharge, and covenant not to sue the Mowing and Plowing Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Mowing and Plowing Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Mowing and Plowing Parties if anything happens to you, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

Section 8 - Indemnification. You agree to indemnify, defend and hold harmless Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your misuse of the Site of Services, your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of our Services.

Section 9 – Required Insurance. You shall carry insurance (with insurance companies with a minimum Bests Rating of A-, X or its equivalent from other professional rating companies satisfactory to Company) effective prior to the commencement of any Services under this Agreement, and such insurance shall be maintained in full force and effect at all times Services are performed and/or this Agreement is in effect. At a minimum you must carry (i) workers compensation, (ii) commercial auto insurance of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate and (iii) general liability insurance of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate for any damage, death or any other claim to people and/or property.  You must also maintain such other insurance as may be required by statute for your employees, contractors, and in relation to providing the Services. In each such policy, except Worker Compensation and Employers Liability, to the extent of the liabilities agreed to be assumed by You, You shall cause (i) the insurer to waive all rights of subrogation against the Mowing and Plowing Parties, (ii) Mowing and Plowing Parties to be listed as additional insureds and (iii) such policy to be primary as to any other policy of Mowing and Plowing Parties or otherwise. Before providing any Services hereunder, You shall furnish Company an executed Certificate of Insurance (in form satisfactory to Company) evidencing the foregoing insurance. You shall cause each insurer to agree to give Company at least thirty (30) days written notice of cancellation or expiration of any such policies or of any other changes that would materially reduce the limits or coverage of such policies. Notwithstanding any provision herein to the contrary, failure to secure the insurance coverage, the failure to comply fully with any of the insurance provisions of this Agreement, or the failure to secure such endorsements on the policies as may be necessary to carry out the terms and provisions of this Agreement, shall in no way act to relieve You from the obligations of this Agreement, and shall constitute grounds for the immediate termination of this Agreement by Company (in addition to any other rights or remedies available to Company).

Section 10 - Governing Law and Dispute Resolution. 

These Terms and Conditions and any separate Agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of Ohio.

The laws applicable to the interpretation of this Agreement shall be the laws of the State of Ohio, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Lake County, Ohio. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Eastlake, Ohio with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Lake County, Ohio, and waive any objection to such jurisdiction or venue. 

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR MOBILE APPLICATION OR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. 

Section 11 – Confidentiality. 

11.1 Proprietary or Confidential Information.  Proprietary or Confidential Information includes any information, technical data, or know-how (either oral, written, digital or in any other format), including information or documents that are marked or otherwise identified as “confidential” or are reasonably understood to be of a confidential nature, including but not limited to that which relates to research, product or promotion plans, products, services, sales figures, markets, inventions, processes, procedures, designs, drawings, engineering, software, hardware configuration information, customer information, marketing, or finances relating to a party, including such party’s respective affiliates that is provided to or otherwise obtained by either party (including any affiliates, parent and subsidiary companies, officers, directors, employees, agents or contractors of such party) from, either directly or indirectly, the other party (including any affiliates, parent and subsidiary companies, officers, directors, employees, agents, or contractors of such other party), as the case may be; provided, however, that Proprietary or Confidential Information shall not include any information that: (i) is already in the public domain at the time of disclosure or is disclosed in the public domain other than pursuant to a breach of this Agreement; (ii) the receiving party can reasonably demonstrate was already lawfully in its possession prior to disclosure hereunder or is subsequently disclosed to the receiving party, provided that such information was not known to be subject to another confidentiality agreement or arrangement, or (iii) is independently developed by the receiving party without any reference to or use of any Proprietary or Confidential Information of the disclosing party.

11.2  During the course of performance of this Agreement, a disclosing party may disclose to a receiving party certain Proprietary or Confidential Information. The receiving party shall hold such Proprietary or Confidential Information in confidence and shall take reasonable measures to protect it from public disclosure, such measures in no event to be less than the highest degree of care taken by the receiving party to protect its own Proprietary or Confidential Information at a comparable level of protection for similar types of Proprietary or Confidential Information. The receiving party shall not disclose the disclosing party’s Proprietary or Confidential Information in violation of this Agreement, and shall use it solely for the purpose of securing its rights and performing its obligations under this Agreement. At the conclusion of this Agreement, the receiving party shall either return to the disclosing party any Proprietary or Confidential Information in its possession (including all copies thereof or materials based on or incorporating such Proprietary or Confidential Information) or shall, at the disclosing party’s direction, destroy such Proprietary or Confidential Information and certify as to such destruction to the disclosing party.

11.3 During the term of this Agreement, and for a period of twelve (12) months after the termination of this Agreement, you are not permitted to, for your own account or for the account of any other person or entity, (i) directly or indirectly, advise or solicit or encourage any of our customers to reduce their business with us or otherwise interfere with our relationship with our customers, (ii) offer to provide any of our customers with services that are similar to the Services, (iii) use our customer’s demographic and Confidential Information to solicit and provide quotes and/or transfer business to any competing entity, or (iv) employ, solicit, or induce the services of any person who is or has been an employee of ours.  Further, you shall not directly or indirectly solicit, induce, or attempt to induce any employee or independent contractor of ours to terminate his or her employment or agreement with us.

11.4 You agree that a breach of this Section of this Agreement would cause us to suffer irreparable damage that could not be adequately remedied by an action at law.  Accordingly, you agree that we shall have the right to seek equitable relief, including a temporary or permanent injunction or specific performance, as a remedy for any breach of Sections 10 of this Agreement, such right being in addition to all other rights and remedies available to us at law, in equity, or otherwise.

Section 12 – Mobile Application. You may voluntarily use our mobile application (“App”) as one component of our Site. You are responsible for ensuring that you have a mobile device, other equipment, and/or telecommunications service necessary to access and use the App. Mowing and Plowing does not guarantee the quality, speed, or availability of the Internet connection associated with your device. Mowing and Plowing 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 this Agreement, Mowing and Plowing grants you a limited, non-exclusive, revocable, license to use the App. We may revoke or further restrict this license at any time, for any reason, with or without notice to you.

Section 13 – Severability. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.  

Section 14 – Intellectual Property. This Site, the App, and all of its contents the intellectual property of the Company and may not be reproduced, copied, published, or used without the express written consent of Mowing and Plowing, LLC. All rights reserved. 

Section 15 – Miscellaneous. It is your sole responsibility to know and comply with all applicable Federal and State laws, codes and regulations.  You represent and warrant to us that you hold and maintain all federal, state and local licenses, permits and other permissions necessary to provide the Services to be performed under this Agreement. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with the Company relating to the Service. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Section 16 - Statute of Limitations. You and Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policies) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

Section 17 - Changes to this Agreement. This agreement may only be amended if agreed upon in writing by both parties. 

Section 18 – Entire Agreement. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). You expressly agree that there are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, expressed or implied, other than as set forth herein. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 

Section 19 – Contact Information 

Questions about the Terms and Conditions should be sent to us at hello@mowingandplowing.com.


 

 

 

 

 

 

 

 

 

 

 

 

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