Effective April 6, 2002. Updated January 18, 2007.
All websites including, but not
limited to, lawnnation.com, all sub domains of lawnnation.com, and any other website
owned by Lawn Nation are provided to you by Lawn Nation ("we" or "us"). This visitor
agreement is a binding legal contract between you and us. Please read this visitor
agreement; by using this service, you accept its terms. The Internet is an evolving
medium; we may change the terms of this agreement from time to time. By continuing
to use the service after we post any such changes, you accept this agreement, as
modified.
We reserve the right to deny access to this website, or any service provided
via this website, to anyone who violates this visitor agreement or who, in our judgment,
interferes with the ability of others to enjoy this website, or infringes the rights
of others.
We invite you to send in your questions or comments about this website,
or to bring to our attention any material you believe to be inaccurate. Please send
such comments, including a copy of any material you wish to discuss to:
Lawn Nation
PO Box 1521
Rancho Cordova, CA 95670
888-360-LAWN(5296)
info@lawnnation.com
PRIVACY
We respect the privacy of the users of our website.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You.
Although we make this website freely accessible, we
don't intend to give up our rights, or anyone else's rights, to the materials appearing
on the service. The materials available through this website are the property of
us and our affiliates or licensors, and are protected by copyright, trademark and
other intellectual property laws. You are free to display and print for your personal,
non-commercial use information you receive through this website. But you may not
otherwise reproduce any of the materials without the prior written consent of the
owner. You may not distribute copies of materials found on this website in any form
(including by email or other electronic means) without prior written permission
from the owner. Of course, you're free to encourage others to access the information
themselves on our website and to tell them how to find it. Requests for permission
to reproduce or distribute materials found on this website can be sent to info@lawnnation.com.
Your License to Us.
By submitting material to us, you are representing that you
are the owner of the material, or are making your submission with the express consent
of the owner. By submitting material to any public posting areas of this website,
such as any message boards, classifieds, forums, or community publishing areas,
you agree that such material is provided to us on a perpetual, irrevocable, royalty-free,
unlimited, worldwide, transferable, non-exclusive basis, and that we (including
our partners, agents, affiliates and service providers (each a 'Third Party Provider'
and collectively, "Third Party Providers") may reproduce, modify, archive, publish,
display and otherwise distribute such material as we see fit in any medium now known
or hereafter developed, in any manner we see fit (for example, online or offline
derivative works) and for any purpose. Without limiting the generality of the previous
sentence, you agree that we (as defined above) may distribute, share or otherwise
provide such material under any terms we see fit to any user(s) of this website
or any users of any Third Party Provider services, without the requirement of providing
you any form of compensation. You also agree that we, including our Third Party
Providers, may identify you as the author of any of your postings by name, email
address or screen name as we see appropriate. We also reserve the right (but assume
no obligation) to delete, move, or edit any postings that come to our attention
that we consider unacceptable or inappropriate, whether for legal or other reasons.
Links.
We welcome links to our service. You are free to establish a hypertext link
to this site so long as the link does not state or imply any sponsorship of your
site by us. No Framing. Without our prior written permission, you may not frame,
or in-line link, any of the content of this website, or incorporate into another
website or other service any of our intellectual property. Requests for permission
to frame our content or in-line link to our website may be sent to
info@lawnnation.com.
Trademarks.
We don't want anyone to be confused as to which materials and services
are provided by us and which aren't. You may not use any trademark or service mark
appearing on this website without the prior written consent of the owner of the
mark. Requests for permission to use any trademark or service mark appearing on
this website may be sent to info@lawnnation.com.
Notice of Copyright Infringement.
If you are an owner of intellectual property who believes your intellectual property
has been improperly posted or distributed via our website, please notify us by sending
a notice by U.S. Mail to Lawn Nation, PO Box 1521, Rancho Cordova, CA 95670
. A
written notice must contain all documentation supporting your claim. Only send us
this mail if you believe that your work has been used or copied in a manner that
infringes your intellectual property rights and such infringement has occurred on
this website.
DISCLAIMERS
We work hard to make this website an interesting and enjoyable
place. We cannot guarantee, however, that our users will always find everything
to their liking; nor could we provide our services if we were exposed to substantial
liability. Please read these Disclaimers carefully before using this website.
Use
at Your Own Risk.
We provide the material available through this website for informational
purposes only. You may only use the material and the services available through
this website for your personal and non-commercial use. We try to ensure that information
we post to this site is both timely and accurate, and that the services offered
are reliable. Yet despite our efforts, errors may occur from time to time. In addition,
some reports, such as sod prices and related product prices, may be delayed from
time to time. Before you act on any information you've found on our site, you should
confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION
OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND
THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS
FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE
PROVIDED THROUGH THIS WEBSITE.
No Endorsements.
We are not responsible for, and
cannot guarantee the performance of, goods and services provided by the sod farms
or others that we work with. A link to another website does not constitute our endorsement
of that site (nor of any product, service or other material offered on that site).
No Warranties.
THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE
THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."
WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE,
NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE,
OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations
on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF
THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION,
LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES,
EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE
LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF
OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM
IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE
USE OF THE SERVICE.
Provisions for seeking damages: Repeated deliberate violations
of our Visitor Agreement or any applicable law may initiate the need to investigate
and otherwise incur costs and fees in order to prevent further repeated violations,
and you agree to be liable for those investigation costs and other liabilities and
fees that your repeated misuse has caused.
USE OF COMMUNICATIONS SERVICES
Specific
Prohibited Uses. Without limiting the foregoing, we may immediately terminate your
use of any Communications Service if you engage in any of the following prohibited
activities:
·
Uploading, posting, emailing, transmitting or otherwise making available
any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
·
Impersonating any person or entity, or falsely stating or otherwise misrepresenting
your affiliation with a person or entity;
·
Forging headers or otherwise manipulating
identifiers in a manner that disguises the origin of any content you transmit through
any Communications Service;
·
Uploading, posting, emailing, transmitting or otherwise
making available any content that you do not have a right to make available under
any law or under any contractual or fiduciary relationship (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
·
Uploading, posting, emailing,
transmitting or otherwise making available any content that infringes any patent,
trademark, trade secret, copyright or other proprietary right of any party;
·
Uploading,
posting, emailing, transmitting or otherwise making available any unsolicited or
unauthorized advertising, promotional materials, or any other form of solicitation,
without our express written approval;
·
Gathering for the purpose of "spamming"
any email addresses that users post in our chat rooms, forums and other public posting
areas;
·
Uploading, posting, emailing, transmitting or otherwise making available
any content or material that contains software viruses, worms or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications or other equipment, or
to cause a security breach of such software, hardware or telecommunications or other
equipment;
·
Interfering with or disrupting any servers or networks used to provide
the Communications Services, or disobeying any requirements, procedures, policies
or regulations of the networks we use to provide the Communications Services;
·
Violating any applicable local, state, national or international law;
·
"Stalking"
or otherwise harassing another;
·
Instigating or encouraging others to commit illegal
activities or cause injury or property damage to any person;
·
Collecting or storing
personal data about other users;
·
Gaining unauthorized access to our website, or
any account, computer system, or network connected to this website, by means such
as hacking, password mining or other illicit means; or
·
Obtaining or attempting
to obtain any materials or information through any means not intentionally made
available through this website.
Spam.
We will immediately terminate any user which
we believe is being used to transmit, or is otherwise connected with, any spam or
other unsolicited bulk email. In addition, because damages are often difficult to
quantify, if actual damages cannot be reasonably calculated, then you agree to pay
us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted
from, or otherwise connected with, your usage. Otherwise you agree to pay our actual
damages, to the extent such actual damages can be reasonably calculated.
Viruses.
Because of the volume of email messages sent by us and users of this website, we
cannot and do not always monitor such email messages and attachments. You acknowledge
and agree that such email messages may contain viruses, worms or other harmful components.
You also acknowledge and agree that you are solely responsible for screening the
email messages and attachments for viruses, worms and other harmful components.
Indemnity.
You agree to indemnify and hold us and our affiliates, agents and licensors,
harmless from any claim that may arise from your use of any of our services available
through this website.
MISCELLANEOUS
Registration.
To obtain access to certain services
on our site, you may be given an opportunity to register with us. You agree that
you will register only if you are 13 years or older. You agree that the information
you supply during that registration process will be accurate and complete and that
you will not register under the name of, nor attempt to enter the service under
the name of, another person. We reserve the right to reject or terminate any user
name that, in our judgment, we deem offensive. You will be responsible for preserving
the confidentiality of your password and will notify us at info@lawnnation.com
of
any known or suspected unauthorized use of your account.
Jurisdiction.
This visitor
agreement has been made in and shall be construed in accordance with the laws of
the State of California
. By using this service, you consent to the exclusive jurisdiction
of the state and federal courts in Sacramento, California
in all disputes arising
out of or relating to this agreement or this website.