Terms and Conditions
Terms of use
The website of Enviro-Lawn, LLC (the Website) is subject to the terms and conditions (the Terms and Conditions) set forth herein. Users are encouraged to review the Terms and Conditions carefully as they inure to the benefit of Enviro-Lawn, LLC. Please contact Enviro-Lawn, LLC at the number provided on the Contact US page of the Website with all questions and/or comments regarding the Terms and Conditions.
1. Defined Terms
The terms Customer, user, you and your refer to the person accessing the Website.
The terms Enviro-Lawn, the Company, we and us refer to Enviro-Lawn, LLC.
The terms Party or Parties refer to the Customer, the Company or both.
2. General Terms
The Website and its contents are the property of Enviro-Lawn. The Terms and Conditions govern the user’s relationship with the Company through use of the Website. For avoidance of doubt, use of the Website constitutes your agreement to accept and be bound by the Terms and Conditions. All users of the Website must be at least 18 years of age. Anyone under the age of 18 should refrain from using the Website.
3. Terms and Conditions Revisions
Enviro-Lawn reserves the right to revise the Terms and Conditions without notice. Any user of the Website agrees to be bound by the Terms and Conditions including revisions thereto.
4. Website Access
Access to the Website is permitted on a temporary basis. Enviro-Lawn reserves the right to restrict access to all or any part of the Website at any time and from time to time. As a user of the Website, you expressly agree that Enviro-Lawn shall have no liability whatsoever in the event the Website is down or otherwise unavailable to a user for any period of time.
5. Links to Other Websites
The Website may contain links to other websites that are not operated or under the control of the Company. Enviro-Lawn accepts no responsibility whatsoever for such websites or for any loss or damage that may arise from use of such websites. Use of websites linked to the Website are subject to the terms and conditions set forth within such websites. Any and all websites linked to the Website are provided to users as a convenience and Enviro-Lawn does not endorse such websites or the products and services contained therein. Users of the Website agree that Enviro-Lawn is in no way responsible or liable for the content or the availability of such websites. Enviro-Lawn urges users to take precaution when using or downloading anything from websites linked to the Website.
6. Prohibitions
Misuse of the Website is expressly forbidden. Users of the Website are prohibited from using this platform to commit or encourage anyone to commit a criminal offense or to transmit or in any way distribute a computer virus or any sort of malware. Users of the Website are prohibited from using language on this platform that is in any way obscene or offensive. Attempting to: hack into the Website, insert corrupt data, cause any form of annoyance to other users of the Website, transmit unsolicited advertising or promotional material, phishing or unlawfully attempting to gather information from other users, or attempting to adversely affect the performance or functionality of any computer facilities accessing or in any way connected to the Website is expressly prohibited. Violations of these prohibitions may constitute a criminal offense and Enviro-Lawn reserves the right to report such violations to law enforcement and disclose the identity of the user perpetrating such violations.
7. Limitations of Liability
Enviro-Lawn will not be liable for any losses or damages caused by a distributed denial of service attack, a virus or any other harmful data or material that may infect a user’s computer equipment, software or data as a result of use of the Website or downloading any information or data from the Website or from any website linked to the Website.
8. Website Content
Content of the Website in its entirety is the exclusive property of Enviro-Lawn and is protected by applicable copyright laws in the United States. Users may store, print and retain content of the Website only for user’s personal use. Users are not permitted to publish, manipulate, distribute or reproduce any content of the Website without the express written consent of Enviro-Lawn.
9. Intellectual Property
All trade names, logos, service marks, trade marks (collectively Intellectual Property) located on the Website are registered and unregistered trademarks of Enviro-Lawn. Use of the Website in no way grants a user any license or right to use any Intellectual Property contained within the Website. All users must obtain the prior written approval of Enviro-Lawn in order to use any Intellectual Property as part of a link to any website. Use of Intellectual Property or the Enviro-Lawn name in any form of advertising or promotion is expressly prohibited unless the Company consents to such use in writing.
10. Terms of Sale
All orders to purchase any product offered for sale on the Website shall be subject to the following terms and conditions:
- All orders are subject to product availability
- All products are only offered for sale in the continental United States, Alaska and Hawaii
- Product prices are subject to change at the discretion of Enviro-Lawn
- Product prices reflected on the Website do not include shipping and handling costs which will be added during the checkout process
- Enviro-Lawn is not responsible for direct or consequential damages stemming from shipping delays outside its control
- Inaccurate billing or registration information from a user shall be considered a breach of the Terms and Conditions
- By confirming a purchase during the checkout process, Customer agrees to accept and pay for all items purchased
- When placing an order and paying by credit or debit card, Customer must be an authorized user of the credit or debit card used for such order
- All Customers must be 18 years of age or older
- Enviro-Lawn reserves the right to refuse to sell any product on the Website to any Customer for any reason
- Orders that are accepted and approved by Enviro-Lawn shall be confirmed via email
11. Sales Contract
All orders to purchase any one or more products offered for sale on the Website shall be acknowledged via email. Such acknowledgement is merely a confirmation of receipt of an order by Enviro-Lawn. A sales contract between the Customer and Enviro-Lawn shall not be formed until a confirmation email is sent by Enviro-Lawn to the Customer that the product(s) ordered have been dispatched for shipment. Only product(s) ordered that have actually been dispatched for shipment shall be included in the sales contract between Customer and Enviro-Lawn. Risk of loss and title for the product(s) purchased shall pass to Customer upon Enviro-Lawn’s delivery of the product(s) purchased to the carrier handling shipment of said product(s).
12. Product Pricing
Product pricing and descriptions presented on the Website may sometimes be inaccurate or otherwise in error. If Enviro-Lawn discovers an error in the price of a product ordered we will inform the Customer as soon as practicable of the error. Customer will be given the option of reconfirming the order at the correct product pricing or cancelling the order. If Enviro-Lawn is unable to reach the Customer in instances where a pricing error is discovered, we will treat the order as cancelled. If Customer cancels an order involving a product pricing error and the Customer has already paid for the product(s) purchased, Customer will receive a full refund of the purchase price.
13. Total Cost of Product
The total cost of a product shall be the cost of said product as set forth in the Website plus applicable taxes plus applicable shipping and handling costs.
14. Payment Terms
All payments for product(s) must be made with a credit or debit card. Monies received prior to product(s) being dispatched for shipment shall be treated as a deposit toward the value of the product(s) being purchased. Once the product(s) is/are dispatched for shipment and the Customer has been sent a confirmation email, the monies paid and treated as a deposit shall be used as payment for the value of the product(s) being purchased which are listed in the confirmation email.
15. Return Policy
ALL SALES ARE FINAL ONCE A PURCHASED PRODUCT HAS BEEN SHIPPED. PRODUCTS SHIPPED CAN NOT BE RETURNED UNLESS REQUIRED BY APPLICABLE LAW. THERE ARE NO REFUNDS FOR SHIPPED PRODUCT(S).
16. Warranty Disclaimer and Limitation of Liability
Website content is presented without any guarantees, conditions or warranties as to its accuracy. The Website and all products offered for sale through the Website are provided without warranties of any kind, either expressed or implied. Customer use of the Website and any data or materials provided by way of the Website are entirely at the Customer’s risk.
Unless expressly stated to the contrary and to the fullest extent permitted by law, Enviro-Lawn and it suppliers, content providers and advertisers and all of their respective officers, directors, employees, attorneys, agents and representatives hereby expressly exclude all conditions, warranties, liabilities, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or any linked websites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. The disclaimed warranties also include, where possible and without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. This does not affect Enviro-Lawn’s liability which cannot be excluded or limited under applicable law.
Enviro-Lawn and its suppliers, content providers, advertisers, agents and representatives do not warrant that your use of the Website will be uninterrupted, error-free or secure; that defects will be corrected; or that the Website or the server(s) on which the Website is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website, and all charges related thereto. You assume all responsibility and risk for your use of the Website and your reliance thereon. No opinion, advice or statement by Enviro-Lawn or Enviro-Lawn’s suppliers, content providers, advertisers, agents, representatives or visitors, whether made on the Website or otherwise shall create any warranty of any kind.
You expressly acknowledge and agree that Enviro-Lawn shall have no liability or responsibility whatsoever for: 1) any unauthorized access to or use of servers on which the Website is hosted and/or on which any of your personal information and/or financial information stored therein; 2) any interruption or cessation or transmission to or from the Website; 3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the Website or by a third party; and/or 4) any errors, mistakes, inaccuracies or omissions in any materials. Enviro-Lawn does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website.
Your use of the Website is unauthorized in any jurisdiction outside of the United States. Your use of the Website is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms and Conditions. Enviro-Lawn makes no representation or warranty that materials and content of the Website are appropriate or available for use in any particular jurisdiction. Use of the Website in any jurisdiction where all or any portion of the Website might violate any legal requirements is prohibited and you agree not to access the Website in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms and Conditions is at your own risk.
17. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link that presents false or misleading impressions about Enviro-Lawn or otherwise damages the goodwill associated with the Enviro-Lawn name and trademarks. You must not establish a link that facilitates creating comparisons of Enviro-Lawn products or services with competitive products or services without the express written consent of Enviro-Lawn. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. Enviro-Lawn reserves the right at our sole discretion to withdraw link permission without notice.
By linking to the Website, linking party agrees to indemnify and hold Enviro-Lawn, its advisors, managers, members, officers, and employees harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. Enviro-Lawn shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Enviro-Lawn makes no warranties, express or implied, with respect to such links.
18. Indemnity
You agree to indemnify, defend and hold harmless Enviro-Lawn, its advisors, managers, members, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal and accounting fees) arising from your use of this Website or your breach of the Terms and Conditions.
19. Variation
Enviro-Lawn shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and products provided by and offered through and/or any page of this Website.
Dispute Resolution and Choice of Law
You agree that any issue or dispute arising out of or in connection with your use of the Website, intellectual property, the Terms and Conditions, including the Privacy Policy, or any matter concerning Enviro-Lawn shall be governed by the laws of the United States and the State of Texas.
By using the Website, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Website or this agreement.
To the extent applicable by law, ALL RESOLUTIONS OF DISPUTES ARE TO BE HANDLED BY ARBITRATION INSTEAD OF COURT PROCEEDINGS. Arbitration is final, binding and subject to limited review by a court. You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputed or claims arising out of or relating to your use of the Website. Any dispute or claim made by you against Enviro-Lawn, its advisors, managers, members, officers, employees, agents and/or representatives arising out of or related to your use of the Website, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration.
You must first present any claim or dispute to Enviro-Lawn by contacting the Company and allow Enviro-Lawn the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days.
The arbitration of any dispute or claim shall be conducted with the rules of a nationwide arbitration organization as modified by the agreement. You and Enviro-Lawn agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law.
Any such arbitration shall be brought and held in Houston, Texas or some other location in Texas of Enviro-Lawn’s choosing, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
The decisions of the arbitrator(s) shall be binding and conclusive upon all parties involved, and any judgement or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and Enviro-Lawn. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing. If the arbitrator(s) determine that the arbitration request was unreasonably and capriciously initiated by you, then the arbitrator(s) have the discretion to award fees and expenses to Enviro-Lawn that are incurred by Enviro-Lawn associated with the arbitration, including but not limited to attorney fees.
20. Entire Agreement
The Terms and Conditions and the applicable terms of sale constitute the entire agreement between you and Enviro-Lawn with respect to the subject matter thereof. The Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Enviro-Lawn. No modification of the Terms and Conditions shall be effective unless such modification is authored by Enviro-Lawn.
Any rights not expressly granted to you herein are reserved by Enviro-Lawn and its affiliates and other third parties.
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Website.
