AccuLawn Systems Terms of Service
By using the www.acculawnsystems.com or www.acculawnsoftware.com or www.acculawncare.com web sites, including any other services (“Service”) provided by AccuLawn Systems, LLC, a Missouri limited liability company or its affiliates (“AccuLawn”), You are agreeing to be bound by the following terms and conditions (“Terms of Service”).
AccuLawn reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute Your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.acculawnsystems.com/terms-of-service.
Subject to the terms and conditions herein, AccuLawn shall refer to Your Business Listing inquiries from within Purchased Zip Codes about available Lawn Services that You provide, which such inquiries are received by AccuLawn via the AccuLawn System. You shall complete and maintain Your Account and submit details required for the Business Listing, as required by AccuLawn’s website provided for creating Your Account, in a timely manner and shall revise or edit such Business Listing to the extent necessary to comply with these Terms of Service.
1. “Account” shall mean the information that You provide to AccuLawn when subscribing for the Service and any changes to such information that You make while You are enrolled to receive the Service.
2. “AccuLawn System” shall mean the AccuLawn websites utilized as part of the Service, including any links or icons which are links to any AccuLawn website that appear on Your website or a website that You utilize to obtain Customers for Your Lawn Services.
3. “Business Listing” shall mean the submission of requested information about Your business for inclusion in the AccuLawn System.
4. “Content” shall mean any editorial, text, graphic, audiovisual, and other content that is served to Customers by You in conjunction with the Service.
5. “Customer” shall mean anyone that requests Lawn Services from You through the Service, including the AccuLawn System.
6. “Lawn Services” shall mean the services that You list on Your Account as being available to Customers.
7. “Monthly Charge” shall mean the amount to be paid to AccuLawn for each of the Purchased Zip Codes per calendar month for each month during which You are enrolled to receive the Service. The Monthly Charge shall be the amount provided by AccuLawn to You during the enrollment process, including the Per Customer Charges, all or any of which being subject to change per these Terms of Service.
8. “Purchased Zip Codes” shall mean those certain zip codes identified by You as areas in which You are willing to provide Lawn Services and for which You will pay the Monthly Charge.
9. “You” or “Your” shall mean the person and company, jointly and severally, that are listed on Your Account and their successors and assigns.
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide Your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of Your Account and password. AccuLawn cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under Your account.
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws (including but not limited to copyright laws).
You may access Your AccuLawn Account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses AccuLawn, is bound by the terms of this Terms of Service, including the following::
1. You expressly understand and agree that AccuLawn shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AccuLawn has been advised of the possibility of such damages), resulting from Your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to AccuLawn via the API may result in the temporary or permanent suspension of Your account’s access to the API. AccuLawn, in its sole discretion, will determine abuse or excessive usage of the API.
3. AccuLawn reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to the API (or any part thereof) with or without notice.
1. A valid credit card is required for paying the Monthly Charge and any other amounts required to maintain Your Account and any other amounts required by AccuLawn to provide the Service to You. You must continue to provide valid credit card information to AccuLawn so long as You receive the Service and until You have no remaining payment obligations to AccuLawn.
2. You will be billed the Monthly Charge each calendar month beginning with the calendar month during which Your Account is initially created. This will begin automatically after your 30 day free trial has been completed. The credit card information that You provide will be used to automatically collect from You the Monthly Charge and any other amounts that may be due from You to AccuLawn.
3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
1. You are solely responsible for canceling Your Account consistent with these Terms of Service. An email or phone request to cancel Your Account is not considered cancellation. You must log into your account, go to the zip code page from your dashboard and simply click “remove” which is located next to each zip code. Once you have removed all active zip codes, your account will no longer be charged.
2. All of Your Content may be immediately deleted from the Service and the AccuLawn System upon cancellation and will no longer be available to You. This information may not be recovered once Your Account is cancelled.
3. AccuLawn, in its sole discretion, has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service, or any other AccuLawn service or the AccuLawn System, for any reason and at any time. Such suspension or termination will result in the deactivation or deletion of Your Account or Your access to Your Account, and the forfeiture and relinquishment of all Content in Your Account and You shall immediately refrain from using any of the Service or AccuLawn System. AccuLawn reserves the right to refuse service to anyone for any reason at any time.
4. The monthly fixed price is subject to a one year term. After your thirty day free trial, you are obligated to a one year term. If you cancel before the one year term is up, you will be billed for the remaining balance immediately after terminating your term prematurely.
Modifications to the Service and Prices
1. AccuLawn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or the AccuLawn websites or the AccuLawn System (or any part thereof) with or without notice to You.
2. Prices for the Service, including but not limited to the Monthly Charge and the Per Customer Charge, are subject to change upon 30 days notice from AccuLawn. Such notice may be provided at any time by posting the changes to any AccuLawn website or to Your Account or on any part of the AccuLawn System or by E-mail message to You.
3. AccuLawn shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. All Content must comply with U.S. copyright law.
2. Except as otherwise provided herein, AccuLawn claims no intellectual property rights over the Content.
3. AccuLawn does not pre-screen Content, however, AccuLawn shall have the right (but not the obligation) in its sole, absolute, and unmitigated discretion to refuse or remove any Content (or any other information that You may provide or make available or allow to be provided or made available) that is or will be available, in any manner, whether in whole or in part, as part of the Service or the AccuLawn System or via the Service or the AccuLawn System, for any or no reason and at any time.
4. The look and feel of the Service including the AccuLawn System is owned by AccuLawn Systems, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from AccuLawn.
1. Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
2. You understand that AccuLawn uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, AccuLawn, or any other AccuLawn service.
4. You agree not to reproduce, duplicate, reverse engineer, create a derivative work or extension to the AccuLawn System, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by AccuLawn.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any AccuLawn customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. AccuLawn reserves the right to immediately suspend or disable or terminate Your Account or otherwise take action to protect its interests as a result of Your use and consumption of bandwidth.
11. AccuLawn does not warrant and hereby disclaims any implied warranties that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service or the AccuLawn System, whether by You or a Customer or any other party, will be accurate or reliable (including, without limiting the foregoing, the square footage area or other measurements or any information about real estate or property or the location of any Customer’s real estate or property made available to You or a Customer or other party as part of or via the Service or the AccuLawn System), (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that AccuLawn shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AccuLawn has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) information provided or made available to You or any Customer or any other party as a part of or via the Service or the AccuLawn System; (v) or any other matter relating to the Service.
13. The failure of AccuLawn to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between You and AccuLawn and govern Your use of the Service, superseding any prior agreements between You and AccuLawn (including, but not limited to, any prior versions of the Terms of Service).
14. Questions about the Terms of Service should be sent to Support at firstname.lastname@example.org
15. You warrant that everything You provide AccuLawn to employ the Service is legally owned or licensed to You. You agree to indemnify and hold AccuLawn harmless from any and all claims brought by any third party relating to any aspect of the Service, including but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by products/services provided by You, material supplied by You, copyright infringement caused by You, and defective products or services sold or provided by You.
16. AccuLawn shall have no responsibility for any third-party disrupting, intruding or otherwise affecting, in part or in whole, on all or any part of the Service. AccuLawn is not responsible for any down time, lost files, improper links or any other loss that may occur with respect to the Service. You acknowledge that AccuLawn is provided data and information from third parties for use as part of the Service and the AccuLawn System and that AccuLawn is not responsible for the accuracy or inaccuracy of such data and information and You hereby release AccuLawn from any claims, damages, harm, liability, actions, or the like resulting from Your use or reliance upon such data and information.
17. You have no right to assign, sell, modify or otherwise alter Your rights or obligations with respect to the Service (including this Terms of Service), except upon the express written advance approval of AccuLawn, which consent can be withheld for any reason.
18. Nothing contained in these Terms of Service shall be construed to constitute Acculawn as a partner or joint venturer with You in any circumstance or to create an agency relationship whereby You are an agent or are authorized to act on behalf of AccuLawn.
19. You agree to comply with all laws, rules and regulations applicable to You in connection with the performance of Your obligations under these Terms of Service.
20. The laws of Missouri shall govern these Terms of Service.
21. You are solely responsible for any liability arising out of or relating to (a) the Business Listing, Account, Service, Lawn Services, Content, and Customers (b) any material to which users can link through the AccuLawn System and (c) the products or services offered by You or Your affiliates through the Account to a Customer or any other party.
22. You represent and warrant that: (i) You have the power and authority to enter into and perform its obligations under these Terms of Service; (ii) the information You provide in the Business Listing and the Account and as part of receiving the Service is and shall be accurate and truthful; (iii) You own or properly vested with all of the necessary rights to permit the publication, distribution and use of the information provided in the Business Listing or which will be utilized in conjunction with the Service or AccuLawn System; and (iv) the use, reproduction, distribution, transmission, display or serving of the information provided in the Business Listing or in conjunction with the Service will not violate any laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, or other proprietary, property or other right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, or violation of any antidiscrimination law or regulation. You agree to and shall defend, indemnify and hold harmless AccuLawn and its employees, officers, directors, members, shareholders, affiliates, and agents from any and all liability, loss, damage, expense, claim, or cause of action, including, without limitation legal fees and expenses, arising out of or related to Your breach (or alleged breach) of these Terms of Service or any of the representations and warranties contained herein
23. IN THE EVENT OF A BREACH OF ANY OF THE TERMS OF THESE TERMS OF SERVICE BY ACCULAWN, THE SOLE AND EXCLUSIVE REMEDY OF YOU AND YOUR AGENTS SHALL BE RECOVERY OF DAMAGES NOT TO EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN CONNECTION WITH WHICH THE BREACH OCCURRED. ACCULAWN SHALL HAVE NO LIABILITY UNDER THESE TERMS OF SERVICE OR THE SERVICE OR THE ACCULAWN SYSTEMS OR OTHERWISE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ACCULAWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCULAWN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO THE SERVICE OR THE ACCULAWN SYSTEM, INCLUDING BUT NOT RESTRICTED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.