Terms of Service

I. Usage of WebSite(s)

Lawnline Websites LLC website development platform and business tools.

These Terms and Conditions of Use (the "Agreement") constitute a legal agreement between you and Lawnline Websites LLC (the "Company") with respect to your access and use of the software developed and made available to you by the Company. Lawnline Websites LLC has created a computer-assisted website development platform. Its staff and customers use this software to create "derivative websites" ("Derivative(s)"). Derivative(s) are defined as any website which has been created, brought into existence, maintained, managed, edited, or controlled by usage of the Company's software and technology. Each Derivative possesses a control interface website, and a wide variety of associated business management tools. The scope of this User Agreement includes the Company's website development and management platform, and www.lawnlinewebsites.com. These are collectively termed the "Site(s)". The domain lawnlinewebsites.com, and all subdomains, are fully owned by the Company. Derivative Sites are owned by the individual customer. Your access and use of the Site(s) are conditioned upon your acceptance without modification of the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained in this Agreement, you may not access and use the Site(s). Your access and use of the Site(s) constitutes your acknowledgement that you have read, understand and agree to be bound by this Agreement. Please read the Agreement carefully and keep a copy of them for your reference.

This Site(s) and the services offered in connection with this agreement are available only to persons who can form legally binding contracts under applicable law. By using these Site(s), you represent and warrant that you are at least eighteen (18) years of age and otherwise able to form legally binding contracts under applicable law. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the legal authority to bind the entity to this Agreement. If you do not have the legal authority to bind the entity, you will be personally responsible for the obligations, including payment obligations, contained in this Agreement.

II. Privacy

Our Privacy Policy (also located on this website) is incorporated in and made part of this Agreement. Please take a few minutes to read the Privacy Policy, which also governs your visit to and use of this Site(s).

III. Electronic Communications

You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on or via the Site(s), satisfy any legal requirement that such communications be in writing.

IV. Your Account

If you use these Site(s), you are responsible for maintaining the confidentiality of and restricting access to your account and password and you agree to accept responsibility for all activities that occur on or in connection with the Site(s) under your account or password. You agree to immediately send notice to the Company if your password is compromised. You may not assign or otherwise transfer your account or any of your rights or obligations under this Agreement to, or share your account with, any other person or entity. You acknowledge that the Company is not responsible for third party access to your account resulting from your violation of this Agreement or theft or misappropriation of your account or password. You also acknowledge that The Company is not responsible or liable in any way from your actions resulting in disciplinary actions from professional organizations or associations. You acknowledge that the Company is not liable for any violations of copyright that you may commit. You also acknowledge that the Company is not responsible or liable for any actions you may commit that violates local or national laws or ordinances. The Company reserves the right to refuse or cancel service, terminate accounts or remove or edit content in its sole discretion.

V. Intellectual Property

You acknowledge and agree that the platform/software used to create the website is owned exclusively by the Company. Individual customer websites are owned by the customer. Customizations, graphics, content, and other media created specifically for the customer is owned by the customer. You further acknowledge and agree that the stock/template works of authorship contained in the Site(s), including, but not limited to, all design, text, images and source code, are owned or licensed by the Company (with the exceptions described below) and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used, in whole or in part, in any manner without the prior written consent of the Company. Lawnline Websites and Lawnline Websites LLC are trademarks of the Company. All other brands and logos (and domain names) on the Site(s) which have been specifically supplied by Customer will remain service/trademarks of their respective owners. Any original text or authorship provided by the customer will remain the property of its original copyright holder. Notwithstanding the above, the Company's software used to develop and manage customer websites, and all associated business tools, are NOT portable, that is the website(s) administrative control panel and tools cannot be "downloaded" and/or hosted with another vendor. You acknowledge that such an occurrence would cause irreparable harm to the Company, as the Site(s) utilize the Company's proprietary knowledge, methods and procedures. Such knowledge, methods, and procedures shall remain sole property of the Company at all times. Upon cancellation of your account with the Company, and only if your account is in good standing, you will be provided with an electronic copy of the content (code, text, and graphics) which you have written and supplied, or had the Company create specifically for you. This electronic copy will include informational pages, blog articles, contacts, and images which you have installed and own the copyright. You agree to observe and abide by all copyright and trademark laws.

The Company reserves the right to update and make changes, additions or deletions ("Modifications") to the Site(s) at any time without notice to you. In the event you make any text or individual non-template related graphical element related Modifications or any such text or individual non-template related graphical element Modifications are made on your behalf, whether executed at your request by the Company or by any third party, all rights, title and interests in such Modifications shall be owned by you. Any global technical modifications that impact all customers, including, but not limited to, website functionality including speed or capability, "modules" developed to enhance functionality or purpose of the Site(s) or assist customers in their business/customer interactions will remain the sole property of the Company.

All data and other materials furnished by you in connection with the Derivative(s) or Site(s), including copyrights, trademarks, patents, trade secrets and any other proprietary information of yours shall remain your sole and exclusive property; provided, however, you hereby grant to the Company a non-exclusive, worldwide and royalty-free license during the term of this Agreement to edit, modify, adapt, translate, exhibit, publish, transmit, reproduce, create derivative works from, distribute, perform, display, and otherwise use such property, as determined to be necessary by the Company in its sole and absolute discretion, to maintain and provide access to the Site(s) to you. Specifically, the Company may use your website in any way it chooses for the purposes of marketing its products. The Company may also, at its discretion install notice on any Derivative(s) that the website was developed by Lawnline Websites.

In the event you develop or have developed any applications or software for use with the Derivative(s) or Site(s), you shall have all right, title and interest in such applications or software, subject, however, to the Company's exclusive right, title and interest to such applications or software. You hereby grant to the Company a worldwide, perpetual, non-exclusive and royalty-free license to use and commercialize all such applications and software developed by or on behalf of you for use with the Derivative(s) or Site(s). You agree that the granting or retention of any rights, title or interest to or by you in any applications or software shall not be construed by the parties hereto, any court of law or equity, or any arbitration panel to mean that the Company has granted or given up any rights, title, or interest in or to the Site(s) or any proprietary information of the Company. Notwithstanding anything herein to the contrary, you agree not to take any action that would limit the Company's development, marketing, sale, assignment, licensing or other disposition of any application or software or derivative or modification thereof.

VI. Usage License

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site(s) for your own personal, internal business purposes. This license shall remain in effect unless and until terminated by you or the Company. Nothing in this Agreement confers, or shall be construed to confer, on you any ownership right, title or interest in or to the Site(s), or any other Company intellectual property or proprietary information. Upon termination or cancellation of this Agreement, your right to use the Site(s) will immediately cease.

VII. No Unlawful or Prohibited Use

As a condition of your use of the Site(s), you warrant to the Company that you will not use the Site(s) for any purpose that is unlawful, immoral or prohibited by this Agreement. You may not use the Site(s) in any manner which could damage, disable, overburden, or impair the Site(s), or interfere with any other party's use and enjoyment of the Site(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site(s). You also agree not to use the Site(s) to transmit, post, store or solicit information that: (i) is fraudulent, libelous, defamatory, vulgar, pornographic, obscene, or otherwise objectionable; (ii) is harmful, threatening, abusive, or hateful; (iii) harasses another person; (iv) interferes with another customer's use or enjoyment of the Site(s); or (v) violates any local, state, national, or international law. You also agree that you will not transmit, post, store, distribute, or otherwise publish through the Site(s) any content which does or may in any manner or at any time infringe on or violate any patent, copyright, trademark, service mark, trade secret or other intellectual property or proprietary rights of any party. You acknowledge you may be held responsible for damages (including costs and attorney's fees) that occur to the Company from a violation of any intellectual property rights and agree to indemnify the Company for such violations as described in this Agreement. You further agree that you will not transmit, post, store, or distribute any advertisement, solicitation, business opportunity, chain letter, or other solicitation through or on the Site(s).

VIII. Links to Third Party Sites/Third Party Services

The Site(s) may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of the Company. The Company 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. The Company is not responsible for any form of transmission (such as webcasting) received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. Certain services made available via the Site(s) are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site(s) domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site(s) users and customers. The provision of services through the Site(s) may result in charges from third parties, such as your Internet service provider or mobile carrier. You are responsible for any such charges.

IX. Payments

In consideration of the Company providing you access to and use of the Site(s) during the term of this Agreement, and other services that you may request, you agree to pay the applicable fees for usage, hosting and control panel access, plus any fees associated with additional services or products ordered by you through the Site(s). The Company reserves the right to change, add, or remove any policies regarding payment, including but not limited to, accepted payment methods, frequency, or timing of billing. Your continued use of the Site(s) following notice of such a change will constitute your acceptance of such change. Payment shall be due on or before the due date shown on your invoice. Any amounts past due shall accrue interest at the rate of eighteen percent (18%) per annum or the maximum rate permitted under applicable law, whichever is less. Payments may be made using the payment methods specified on the Site(s). In the event you fail to make any payment on or before the due date, the Company reserves the right, at its election, to suspend, restrict, or terminate your access to the Site(s) and this Agreement. You shall be liable for any costs of collection, including, but not limited to, reasonable attorneys' fees.

X. Cancellations

All requests for cancellation must be submitted via your account using the ticket system and using the login assigned to the account holder. Services are not cancelled at the end of the current billing period. All services are terminated immediately upon receiving written notice. Please see Our Refund Policy for more information.

XI. Refunds

Payments to the Company, whether for a subscription fee, one-time fee, customization, or any other service shall be non-refundable except where prohibited by law. Refunds will not be given for any cancellation and unused time on an account is not eligible for refund. In the event you request a new customization or service and later request it be cancelled before its completion, you will remain liable for fees associated with time and expenses expended on such customization or service. Any amount less than 4 hours of work on a project will not be pro-rated. Any amount of time over 4 hours will be pro-rated in increments of 4 hours.

XII. Indemnification

You agree to indemnify, defend and hold harmless the Company and its managers, members, officers, directors, employees, agents, partners and licensors from and against any and all claims, actions, demands, costs, expenses, liabilities, losses or damages (including attorneys' fees, costs and expert witnesses' fees) arising out of or in connection with your use of the Site(s), your provision of information, content or other materials to the Site(s) or third parties, or any violation by you of any term of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defense. This provision will survive the termination of this Agreement.

XIII. Disclaimers of Warranties and Limitations of Liability

THE SITE(S), SERVICES, INFORMATION, PRODUCTS, FUNCTIONS AND OTHER MATERIALS INCLUDED IN OR ACCESSIBLE ON THE SITE(S) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF SITE(S) OR ANY CONTENT. THE COMPANY AND ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THAT THE FUNCTIONS AND FEATURES OF THE SITE(S) WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR SERVER(S) THAT MAKE THE SITE(S) AND SERVICES AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND INFORMATION YOU USE WITH, SUPPLY TO, OR OBTAIN FROM THE SITE(S). IN NO EVENT SHALL THE COMPANY AND/OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY ACTUAL, DIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE(S), INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU OR ANY THIRD PARTY. IN JURISDICTIONS WHERE SOME OF THE FOREGOING LIMITATIONS ARE NOT PERMITTED BY APPLICABLE LAW, THOSE LIMITATIONS SHALL NOT APPLY AND ALL OTHER PROVISIONS SHALL REMAIN IN EFFECT. ANY AMOUNT YOU MAY RECOVER SHALL NOT EXCEED THE AMOUNT OF FEES THAT YOU HAVE PAID TO THE COMPANY HEREUNDER.

XIV. Your Additional Acknowledgements and Responsibilities

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site(s). The Company does not warrant that the Site(s) will meet your requirements. The Company does not assume any responsibility or liability for the actions, products, services and/or content of any other third parties, their website(s), products, or services. It is your sole responsibility to determine the suitability of the Site(s) and related services for your needs. The Company has no responsibility for your actions or the actions of any other person having access to or using any portion of the Site(s). The Company has no responsibility for any content entered by you or any other users of the Site(s).

You acknowledge and agree that the Site(s) may be inaccessible or inoperable for any reason, including, but not limited to, periodic maintenance or repairs, equipment malfunctions and causes beyond the control of the Company or that could not be reasonably be foreseen by the Company, including, but not limited to, internet or wireless service interruption or failure. The Company does not guarantee the integrity of information transmitted via the Site(s) and shall not be liable for the inadvertent disclosure of, or corruption or erasure of, information transmitted or received or sorted on the Company's system. The Company shall not be liable to you for any claims or damages which may be suffered by you, resulting from the loss of information, inability of you, your customers or any other person to access or use the Site(s) or inability to transmit or receive information caused by or resulting from any delays, non-deliveries or mis-deliveries of information or service interruptions, whether or not caused by the fault or negligence of the Company. You acknowledge and agree that the Site(s) is not intended to replace traditional means of communication with your customers and other persons and that it is your responsibility to use traditional means of communications with your customers and other persons when necessary and to ensure that you and your customers and other persons receive each other's respective communications.

You acknowledge and agree that the Internet is a network of computers worldwide and that any information submitted by you through the Site(s) is routed via third party computers, and that the Company is not responsible for lapses in online security and does not assume liability for improper use of the your information by a third party.

You agree that neither the Company nor its managers, members, officers, directors, employees, agents, partners and licensors will be responsible for your use, misuse or reliance on the Site(s), the unavailability or mis-operation of the Site(s) or for any services provided to or by you or for any actions by any users of the Site(s) or any other person, whether in connection with the Site(s) or otherwise. This limitation of liability shall apply to prevent recovery of any actual, direct, consequential, incidental, punitive or other indirect damages, regardless of the size or origin, or whether the damages arise from use, misuse, or reliance on the Site(s), or from any unavailability or mis-operation of the Site(s) for any cause or reason.

XV. Allocation of Risks; Severability of Actions

The provisions of the Agreement allocate the risks between the Company and you and the fees reflect this allocation of risk and the limitations of liability herein. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability, disclaimer of warranties or exclusion of damages is intended by the parties to be severable and independent of any other provision and to be enforced as such.

XVI. Termination/Access Restriction

The Company reserves the right to terminate your access to the Site(s) and the related services or any portion thereof at any time, without notice, if in its sole discretion, believes there is inappropriate content or activity.

Upon termination, for any reason, all rights granted to you hereunder will terminate and revert to the Company and you shall immediately cease any and all use of the Site(s). Termination of your access shall not relieve you of any liability for your breach of any provision of this Agreement prior to or after the termination. Notwithstanding any termination of your access, the Company shall have and hereby reserves all rights and remedies, which it has or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Site(s) or any Company intellectual property or proprietary information. The provisions in this Agreement regarding limits on liability, intellectual property, indemnification, governing law, jurisdiction, venue and your other responsibilities shall survive the termination of your access and this Agreement and shall remain in effect indefinitely.

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site(s). Use of the Site(s) is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section. The parties each irrevocably and unconditionally waive any right to a jury trial with respect to any claims or disputes arising out of or related to this Agreement.

You acknowledge and agree that any breach or threatened breach by you of any of the covenants and restrictions related to usage of the Site(s), intellectual property, proprietary information, termination and your other responsibilities contained in this Agreement will give rise to irreparable injury which may not be adequately compensated by damages and, therefore, you agree that in the event of any such breach or threatened breach, the Company may seek and shall be entitled to injunctive relief, without the posting of bond, and to the enforcement of these covenants and restrictions by specific performance, in addition to any other rights and remedies available hereunder or under applicable law.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Site(s). The Company's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site(s) or information provided to or gathered by the Company 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. Any waiver of any provision of this Agreement shall be valid and effective only in the specific instance and for the specific purpose for which it is given and shall not be deemed continuing or construed as a waiver of any other provision of this Agreement.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Company with respect to the Site(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site(s). 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.

XVII. Company Credits

The Company reserves the right to add their authorship credit to any services, products or works provided by Company. Where applicable, Company also reserves the right to insert an indexable "do follow" credit hyperlink back to Company website. Any attempt by Customer to modify or remove Company Credits will be a violation of this agreement, in which Company reserves the right to terminate services without notice.

XVIII. Changes to Terms

The Company reserves the right, in its sole discretion, to revise this Agreement without notice to you. The most current version of the Terms will supersede all previous versions. By continuing to use the Site(s), you agree to be bound by any such revisions. The Company encourages you to periodically review the Terms to stay informed of our updates.

XIX. Contact Us

The Company welcomes your questions or comments regarding the Site(s). You may contact the Company at:

Lawnline Websites LLC
235 Apollo Beach Blvd #128
Apollo Beach, FL 33572

Email Address: support@lawnlinewebsites.com

Telephone number: (813) 944-3400

Effective as of July 1, 2016