Turf & Scapes Inc. Terms and Conditions
This Terms of Service (this “Agreement”, “Terms”) is between Turf & Scapes Inc. (“we”, “us”, or “Turf & Scapes Inc.”) and the person (“you”, “User” or “Customer”) using our services (“Services” or “Service”). We provide you with access to our website. Listed below are the terms and conditions of using our website. They are necessary in order to maintain good practice and to protect us and you as well.
1. CREATING AN ACCOUNT
You must immediately notify us if you know or have any reason to suspect that your Account or password has been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
2. THIRD-PARTY SERVICES
Our Services are integrated with various third party services (“Third Party Services”) for specific purposes that you may interact while using our Turf & Scapes Inc. platform. An example for such services is the Payment Processor used to collect the payments for your subscriptions. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).
3. WHAT WE PROVIDE AND OUR RIGHTS
Turf & Scapes Inc. provides a website with website hosting from a third party company and domain registration from a third party company.
We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, we have the right to suspend and terminate access of your Account to parts of or all of the services and change the eligibility criteria of using the Services.
4. SERVICE FEES
8.1. Service fees are applicable upon signing for the paid services of Turf & Scapes Inc. that can be monthly or one-time.
8.2. All Fees are in USD and are exclusive of all taxes and you are responsible for payment thereof. Turf & Scapes Inc. is not liable for any taxes or fees.
8.3. If you purchase Turf & Scapes Inc. services, you agree to Turf & Scapes Inc. and third party services to use and store your credit/debit card information. You authorize us to charge you for any Turf & Scapes Inc. services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
8.4. Chargebacks – If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. We reserve our right to dispute any Chargeback.
5. SERVICE CANCELLATION
Failure to comply with any of Turf & Scapes Inc.’s terms or pay due fees you entitle Turf & Scapes Inc. to cancel or suspend your account services. You can cancel your services at any time, no questions asked. We are not in any way held responsible for any damages and losses due to the cancellation of services.
We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.
If the Agreement terms are violated it may result in penalties or immediate termination of services without payment refund in any way.
Upon termination, Turf & Scapes Inc. has the right to delete all files, data or information associated with the terminated account.
7. WARRANTY AND DISCLAIMER
Turf & Scapes Inc. shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Turf & Scapes Inc., or because of other causes beyond Turf & Scapes Inc.’s reasonable control, but Turf & Scapes Inc. shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruptions. HOWEVER, TURF & SCAPES INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND TURF & SCAPES INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Turf & Scapes Inc. and its affiliates and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your violation of any law or regulation. Your indemnification obligations under this Section shall not apply to the extent directly caused by a breach of this Agreement or to the extent that the consequences were not reasonably foreseeable.
9. LIMITATION OF LIABILITY
You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Turf & Scapes Inc. and their directors, officers, employees, and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.
You acknowledge and agree that these limitations of liability are agreed on allocations of risk constituting in part the consideration for ]Turf & Scapes Inc.’s services to you, and such limitations will apply even if Turf & Scapes Inc. has been advised of the possibility of such liabilities.
Modifications of the Service. Turf & Scapes Inc. may make modifications and changes to the existing services or components and will use reasonable efforts to notify all its Customers about those changes. The changes are effective upon the date of the change. Turf & Scapes Inc. shall not be liable for modifications and actions of third party services.
Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Turf & Scapes Inc.’s prior written consent. Turf & Scapes Inc. may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Turf & Scapes Inc. in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the State of North Carolina and its laws without regard to its conflict of any law provisions.