These terms and conditions (the “Agreement”) govern every aspect of the relationship between you and Lawn Cube. (referred to herein as “the Company”, “we” or “us”). As used herein, the terms “you,” “your” and “yourself” means you and any individuals ordering on your behalf. References to the Company’s website (“Website”) include any and all websites owned, operated or maintained by us now or in the future. By using or otherwise accessing the Websites or ordering Services, or indicating your assent hereto by clicking “I agree” or similarly expressing acceptance where other options exist, you will be deemed to have accepted the terms of this Agreement. The Company retains any rights not specifically granted to you in this agreement.
- The Company offers Lawn Care and other products in both a la carte purchases (“Standalone Purchases”) and through a subscription (“Subscription”) through the Company’s Website (collectively, the “Services”). By purchasing the Services, you agree to the terms and conditions of this Agreement, forming a legally binding contract with us that controls your use of the Services and the Website.
- It is a condition of your use of the Website and Services that all the information you provide is correct, current, and complete. You are responsible for making sure that your shipping address is accurate, and the Company will not be responsible for any delayed or lost shipments to you due to any incorrect information you provide, including shipping information. If the Company believes the information you provide is inaccurate, the Company may terminate or suspend your access to the Website or suspend your subscription.
- You are responsible for knowing the local laws and ordinances that govern Lawn Care activities wherever you may be using products. The Company will not be liable for your use of any product ordered through the Services that are not legal to use wherever you may be.
- By enrolling in the Company’s Subscription described herein, establishing an account with us (“Enrollment”) and completing an enrollment form, you will choose which of our periodic shipments you wish to receive, and also provide other information that will assist us to fulfill your orders and your expectations. We will use such information to fulfill your periodic orders and we may use such information in order to present you with opportunities for additional products that we feel may be of interest to you. You will also register a payment method (i.e. a credit card) and such registration of your payment method constitutes your authorization to charge such amounts to that payment method and otherwise constitutes your promise to pay for items purchased from the Website.
- Upon Enrollment, you will choose which one or more of our product plans you wish to order. The Company will send shipments to you at the frequency and value that you choose. You recognize and acknowledge that the value of the Company’s shipments includes the physical product and the act or service of providing you with that product which is equal the value you have chosen and your order from the Company signifies your acknowledgment that the value of each shipment will be within one U. S. Dollar more or less than the value that you have chosen.
- Monthly Plan Changes and Cancellations: You may change the desired approximate value of your periodic shipment, or cancel your membership at any time. Any change or cancellation of membership will be effective immediately as to all products not yet billed to your account as of the date and time of the change or cancellation. Products already billed but not sent as of the date and time of the change or cancellation will be sent as previously scheduled and cannot be refunded. To change or cancel your membership, you may do so by accessing your account through the Website or by contacting Customer Service at email@example.com.
- Annual Plan Changes and Cancellations: Annual plans may be cancelled at any time. To change or cancel your membership, you may do so by accessing your account through the Website or by contacting Customer Service at firstname.lastname@example.org. Upon written notice of cancellation, any remaining unprocessed shipments will be cancelled and not shipped. Any annual plan cancellations will receive their prorated remaining balance..
- The Company may change its prices from time to time. Such price changes will be effective upon the end of the term for which you have enrolled, and no price changes will be effective for any term that has already begun. A term is defined as an interval of billing.
- Your use of the Website is your acknowledgement that you have enrolled to receive Lawn Care related products that are unknown to you at the time of ordering and receipt by you. The Company offers no refunds or credits for returned merchandise except in the sole discretion of the Company.
- If you haven’t received your Subscription during any month, you will need to contact the Company within 30 days of that month’s shipment date in order to receive a replacement.
- If you have not returned your soil test kits as part of the lawn care subscription service prior to the next months billing date you acknowledge that product will still be sent monthly and will be based on the seasons needs until a soil test is returned and at that time the plan will be updated as needed.
- Another soil test will be provided to existing customers every year after sign up on their anniversary month.
3. STANDALONE PURCHASES
- You may make Standalone Purchases by selection products and adding them to your cart and then completing the purchase transaction process, as directed on the Website. By making a purchase through the Website, you are authorizing the Company to charge the payment method (i.e. credit card) chosen for the amount indicated on the purchase confirmation page.
- Once you have made a Standalone Purchase, you may cancel your order so long as your order has not yet shipped. If you wish to cancel any Standalone Purchase, please contact Customer Service at email@example.com. Please include your order number in your cancellation request.
- The Company may offer one-time promotional codes from time to time. One-time promotional codes may only be used once per household and the Company reserves the right to cancel and refund customers abusing this policy. Additional terms may apply when you submit the promotional code on the Website.
5. USE OF THE WEBSITE
- We reserve the right to disclose your information to our service providers, law enforcement, or government agencies, or in responding to a formal request, such as a judicial proceeding, subpoena, or court order as we, in our sole discretion, deem appropriate. In the event of a sale, merger, or acquisition of some or all of the Company’s assets, your order may be fulfilled by another provider. We may also share aggregated information about users of the Website with third parties.
- We own the Website content, including visual interfaces, interactive features, graphics, design compilation, computer code, products, software, consumer content, and all other elements and components of our Service and the Website and the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Company, the Website and our Service. You represent and warrant that your Enrollment in our program is for the sole purpose of obtaining the products offered therein in accordance with this Agreement, that you are not a competitor of ours, that we have not previously banned you from use of our Service or the Website and that you will not attempt to circumvent access restrictions, duplicate, create derivatives or reverse engineer the Company’s confidential information, proprietary technology, system or software or any of the Website content or our Services.
- You agree that you will not interfere with the security of the Website, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through the Website, and you agree to indemnify the Company for any breach by you of this provision.
6. YOUR REPRESENTATIONS AND AGREEMENTS
- You agree to comply at all times with federal, state and local laws respecting your use of this Website.
- USE OF ALL PRODUCTS RECEIVED FROM THE WEBSITE IS EXCLUSIVELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, PARTNERS, EMPLOYEES, AGENTS AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, LIENS, DAMAGES, LIABILITIES OF ANY KIND, INCLUDING INTELLECTUAL PROPERTY INFRINGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, DECEPTIVE BUSINESS PRACTICES, FRAUD, VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, AND ATTORNEYS’ FEES AND COURT COSTS RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS ORDERED AND RECEIVED AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR THE PRODUCTS ORDERED THEREFROM WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANY OF THE INDEMNIFIED PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY YOU FOR THE PRODUCTS THAT YOU HAVE RECEIVED FROM US DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
- SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- THE WEBSITE AND OUR PRODUCTS ARE PROVIDED TO YOU “AS IS” AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- ALL IDEAS, INCLUDING IDEAS FOR NEW PRODUCTS, SERVICES OR TECHNOLOGIES, OR NEW PRODUCT NAMES SUBMITTED TO THE COMPANY, REGARDLESS WHETHER OR NOT SOLICITED BY THE COMPANY, WILL BE CONSIDERED THE PROPERTY OF THE COMPANY, WHICH EXPRESSLY DENIES AND REJECTS ANY EXPECTATION OF CONFIDENTIALITY ON ITS PART WITH THE PERSON OR PARTY, INCLUDING THE AGENT(S) OF THE PERSON OR PARTY, SUBMITTING THE IDEA. SUBMITTING ANY SUCH IDEA OR INFORMATION TO THE COMPANY THROUGH THE WEBSITE OR VIA E-MAIL OR BY ANY OTHER MEANS RELEASES THE COMPANY FROM ANY AND ALL OBLIGATIONS CONCERNING SUCH INFORMATION, INCLUDING THE OBLIGATION TO TREAT THE IDEA OR INFORMATION AS CONFIDENTIAL. THE COMPANY MAY USE, DISCLOSE, DISTRIBUTE OR COPY THE IDEA OR INFORMATION AND MAY USE ANY IDEAS, CONCEPTS OR KNOW-HOW CONTAINED IN THE INFORMATION FOR ANY PURPOSE, INCLUDING COMMERCIAL PURPOSES, WITHOUT COMPENSATION TO YOU OR YOUR AGENTS. BY SUBMITTING ANY IDEA OR INFORMATION TO THE COMPANY, THE PARTY SO SUBMITTING IT EXPRESSLY ASSURES THE COMPANY THAT THE INFORMATION IS TRUTHFUL, INDEMNIFIES THE COMPANY AGAINST ANY ILLEGAL USE OF THE IDEA OR INFORMATION, AND ASSURES THE COMPANY THAT DISCLOSURE OF THE INFORMATION DOES NOT VIOLATE THE LEGAL RIGHTS OF OTHERS.
- The Website may include hyperlinks to other websites that are not owned or operated by the Company. These links are provided for your convenience, and the Company may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. The Company has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the users of the Website, and we therefore invite feedback about websites that are linked from this Website.
- We may amend the terms of this Agreement from time to time. You understand and agree that your continued use of the Website or receipt of the products ordered therefrom after the effective date of any amendment indicates your acceptance of the amended Agreement. Any and all notifications required to be provided under this Agreement will be solely delivered via email.
- We may terminate your use of this Website and suspend your rights under this Agreement at our sole discretion upon notice to you and such termination shall be effective upon sending of that notice.
- If your use of this Website terminates or expires, this Agreement will survive with respect to any previous use of the Website or products ordered therefrom.
- You agree to be liable for any and all reasonable attorneys’ fees and costs that the Company incurs as a result of taking any legal action to enforce this Agreement against you, which action will be governed exclusively by the laws of the State of Massachusetts. If any provision of this is deemed by a court or other authority of competent jurisdiction to be illegal, invalid or in conflict with any Federal or state or local law or regulation, the remainder of this Agreement will remain in full force and effect.
- All disputes relating to the interpretation of this Agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration will be Boston, Massachusetts. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).