TERMS OF USE (last revised in OCTOBER 2017)
Welcome to cuttingedgelandscaping-in.com – your use of this website (“Site”) is conditioned upon your acceptance of and compliance with these Terms of Use and your acceptance of Cutting Edge’s Privacy Policy for the Site. These Terms of Use constitute a valid and binding agreement between Cutting Edge Lawn & Landscape, LLC dba Cutting Edge Landscaping (“Cutting Edge” or “Company”) and you. If you have any questions about our Terms of Use, please call Cutting Edge at (219) 365-9766 or send an email to info@cuttingedgelandscaping-in.com.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, CUTTING EDGE DOES NOT GRANT YOU ANY LICENSE OR RIGHT TO USE THE SITE AND YOU SHOULD EXIT THE SITE.
1. Cutting Edge’s Intellectual Property
The Site, its content, look-and-feel and functionality and all intellectual property rights embodied herein, including patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by Cutting Edge and/or its licensors (collectively, the “Cutting Edge Intellectual Property”). These Terms of Use do not and will not be deemed to transfer ownership rights of any description in the Site or any related Cutting Edge Intellectual Property to you or to any Site user, visitor, or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify, or create derivative works from any of the Cutting Edge Intellectual Property nor will you sell, resell, or exploit for any commercial purpose the Site, any portion hereof or any use thereof or access hereto.
Cutting Edge hereby grants you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Site solely for your own business purposes. You may also download content from the Site for your internal business purposes and for non-commercial use only; provided that such content is not modified in any way, you keep intact all copyright and other proprietary notices thereon and you include the phrase, “Used with permission of Cutting Edge” when you display or otherwise use this content in accordance with the terms hereof.
All of the trademarks, service marks, and logos appearing on this Site are registered and unregistered trademarks of Cutting Edge and other third parties. Nothing contained on the Site or in these Terms of Use grants to you, by implication, estoppel or otherwise, any license or right to use any such marks or logos. All rights not expressly granted to you herein are expressly reserved and retained by Cutting Edge.
2. No Warranties; Indemnification; Limitation of Liability
YOUR USE OF THE SITE AND/OR ANY AND ALL FEATURES ON THE SITE IS ENTIRELY AT YOUR OWN RISK AND THE SITE AND ALL ITS SERVICES AND FEATURES ARE PROVIDED “AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR guarantee OF ANY KIND, whether EXPRESS, IMPLIED OR STATUTORY. CUTTING EDGE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY and/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY INFORMATION ON THE SITE.
You will indemnify, defend, and hold Cutting Edge harmless from and against any and all claims, actions, costs, liabilities and damages of any kind (including attorneys’ fees) (collectively, “Damages”) incurred or suffered by Cutting Edge as a result of your use of the Site or your breach of any provision of these Terms of Use. Cutting Edge reserves the right to report any malfeasance to the appropriate authorities.
Further, you hereby release Cutting Edge and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, affiliates, and assigns (collectively, the “Cutting Edge Parties”) from any and all Damages (direct and actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use hereof, excluding only Damages to the extent directly arising out of Cutting Edge’s gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY EFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
In no event will Cutting Edge’s total cumulative liability to you or any other party for Damages, if any, arising under these Terms of Use or otherwise exceed $100.00, excluding only Damages to the extent directly arising out of Cutting Edge’s gross negligence or misconduct.
Cutting Edge cannot and does not guarantee continuous uninterrupted or secure access to our Site or the services or features hereon. Operation of the Site may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. Further, Cutting Edge does not control the actions of other users, visitors and/or linked third parties (if any) on the Site. CUTTING EDGE will have no liability whatsoever for the unavailability OR INOPERABILITY of the Site caused by THE acts or omissions OF ANY THIRD PARTY OR CUTTING EDGE. CUTTING EDGE WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR any loss of data or transactions incurred or suffered BY YOU OR any party, WHETHER resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by CUTTING EDGE, any third party, INCLUDING ANY INTERNET SERVICE PROVIDER OR host, or the Internet infrastructure and network external to the Site.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
3. Changes to the Terms of Use
Cutting Edge may modify the Site, the services or features offered hereon and these Terms of Use at any time and from time to time by implementing such modifications and/or posting amended Terms of Use on the Site, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the Terms of Use in effect on the date of any particular visit to the Site. Cutting Edge will reasonable try to notify Site users and visitors of updates to these Terms of Use.
4. Third Party Advertising; Third Party Links; Third Party Content
The Site may contain third party advertising or links to third party sites and Cutting Edge has no control over any such advertisers or sites. You may opt out of many third party ad networks; however, you may continue to see advertisements on this Site. Links to other sites, if any, are provided solely as a convenience; Cutting Edge neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All statements by Cutting Edge herein pertaining to the Site do not apply in any way to any links or any linked third party sites. Once you leave this Site, neither our Terms of Use nor our Privacy Policy remain in effect; we encourage you to read the terms of use of every website that you visit. Without Cutting Edge’s express prior written consent, you may not implement a hypertext link to the Site from any other site.
At Cutting Edge’s sole option, at any time and from time to time, the Site may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party’s respective Terms of Use. Cutting Edge bears no responsibility or liability for any such content or information or the acts or omissions of such third party.
5. Site Integrity; Site Security
You may not use any device, software, or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data and/or personal information therefrom. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including “spam” or other unsolicited mass emailings.
Cutting Edge takes all reasonably diligent precautions and employs industry-standard administrative, technical, organizational and physical measures in compliance with all applicable laws to protect each user’s and each visitor’s information, both online and offline, and to protect against unauthorized access thereto or the use or release thereof. However, no Internet or email transmission is ever fully secure or error-free and, as set forth in these Terms of Use, Cutting Edge makes no warranty and assumes no liability for any such transmission or any damages incurred in connection therewith. Each user discloses personal information on or through our Site wholly at his/her own risk and each acknowledges that he/she is aware of the security and privacy risks involved, including the limitations of the security, privacy and authentication measures protecting the Site, threats of external interference such as eavesdropping, breaking passwords and hacking, and contamination by viruses. If you have any questions about our Site security, please contact info@cuttingedgelandscaping-in.com.
In accordance with Section 2 of the Terms of Use, each user, on behalf of himself/herself and his/her heirs, executors, administrators, legal representatives, assigns and other successors in interest, hereby releases and discharges Cutting Edge from any and all liability or responsibility for any Damages suffered by that user arising out of or in connection with any disclosure of his/her personally-identifiable information except to the extent arising out of Cutting Edge’s gross negligence or willful misconduct.
6. Compliance with Laws
You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the posting and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or racist content, harassment, stalking or spam, or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with Cutting Edge
Cutting Edge will have the right, but not the obligation, in its sole discretion to refuse or delete any content, user questions and other submissions, software or other information on the Site that it considers, in its sole discretion, to violate the Terms of Use and/or to be otherwise illegal, unsafe or inappropriate. Cutting Edge, in its sole and absolute discretion, may preserve any such content, software or other information and may also disclose any such content, software or information if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by Cutting Edge to protect the rights, property or personal safety of Cutting Edge, the Cutting Edge Parties (as defined in Section 3 above), its Site users and the public.
7. User Submissions
Any comments or information that you provide to Cutting Edge, including any feedback or ideas submitted by you in response to a survey on or concerning the Site or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by Cutting Edge and you hereby grant Cutting Edge a royalty-free, perpetual, irrevocable, worldwide, sub-licensable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. Cutting Edge may sublicense its rights hereunder to third parties. Submissions may be viewable by all other visitors to and users of the Site and any Submissions constitute publicly-available information. Cutting Edge is not responsible for the privacy of any Submission by you. Notwithstanding any other Term herein, you own and retain all right, title and interest in and to your Submissions.
8. Governing Law and Jurisdiction
The Terms of Use and any and all transactions and other activities on the Site will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. The United Nations Convention on the International Sale of Goods will not govern the Site or activities or transactions thereon in any way. You hereby submit to the jurisdiction of the state and federal courts located in Alameda County, California or the Northern District of California which will be the exclusive venue for any and all disputes or claims arising hereunder. Use of the Site is not authorized in any jurisdiction that does not give effect to these Terms of Use.
9. General
At all times, the then-current Terms of Use constitute the entire agreement between Cutting Edge and you with respect to your use of the Site, superseding any prior agreements, superseded postings of the Terms of Use and all other prior or contemporaneous communications between Cutting Edge and you. You acknowledge and agree that you may also be subject to additional terms and conditions when you use third party content, services or software via our Site. Please report any violations of these Terms of Use, any alleged copyright infringements relating to the Site or any other matters to info@cuttingedgelandscaping-in.com.
Except as otherwise required by law, you will provide any notices to Cutting Edge by email to info@cuttingedgelandscaping-in.com. If Cutting Edge has either an email or street address for you, Cutting Edge will provide notices to you via the email address provided during your registration or by certified mail, postage prepaid and return receipt requested, to the street address provided during registration.