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The following
Terms of Use contain the complete terms and conditions that
apply to an individual's or entity's use of Superior Landscape
Specialists site. As used in this Agreement, "We,"
"Us" or "Our" refers to Superior Landscape
Specialists, and "You" or "Your" refers
to the user. "Site" means any Superior Landscape
Specialists site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms
and conditions and Your waiver of any and all claims against
%%comp any_name%%, its parents, subsidiaries, affiliates,
contractors, agents, officers, directors or employees arising
out of Your use of Our Site or any materials, information,
opinions or recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms
of Use, at any time and in Our sole discretion, by posting
a change notice or a new user agreement on Our Site. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS
TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR
SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS
OF USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content included on Our Site, such as text, graphics,
logos, button icons, images, audio clips and software, is
Our property or that of Our content suppliers and is protected
by U.S. and international copyright laws. The compilation
(meaning the collection, arrangement and assembly) of all
content on Our Site is Our property protected by U.S. and
international copyright laws. All software used on Our Site
is Our property or that of Our software suppliers and is protected
by U.S. and international copyright laws. You may electronically
copy and print in hard copy portions of Our Site for the limited
purpose of placing an order with Us or using it as a shopping
resource. Any other use-including reproduction for purposes
other than those noted above, modification, distribution,
transmission, republication, display or performance-of the
content on a Site without Our prior written permission is
strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply
with the above restrictions, may result in severe civil and
criminal penalties. Unauthorized duplication of the software
constitutes copyright infringement and, in the United States,
is punishable in a federal criminal action by a fine of up
to U.S.$250,000 and imprisonment for up to five (5) years.
In addition, federal civil penalties allow the recovery of
actual damages based on the number of copies produced plus
the profits of the infringer, or statutory damages of up to
U.S.$100,000 for willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT
TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT,
SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT,
OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE,
DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION
THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION
OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT
OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF
OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product
suggestions or original or creative ideas (collectively, "Materials")
submitted through Our Site. If despite this policy you submit
any such Materials, We will deem it Our property. We will
not treat the Materials as confidential, and We will not be
liable for any use or disclosure of such Materials. Without
limitation, We will own the exclusive rights to the Materials
and will be entitled to unrestricted use of the Materials
for any purpose, commercial or otherwise, without compensation
to the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND
ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT
WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING
OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless %%company_n ame%%, its parents,
subsidiaries, affiliates, contractors, agent, officers, directors
and employees against all claims, losses, damages, liabilities,
costs and expenses (including reasonable attorneys' fees and
costs) made due to or arising out of a violation of these
Terms of Use or Your use of this Site, including, without
limitation, any claim arising out of unauthorized links to
Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict
performance of any provision or right under the terms and
conditions of these Terms of Use, it will not be construed
as a waiver of any provision or right; rather, the same will
be and remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted,
construed and enforced in all respects in accordance with
the laws of the State of Washington to the exclusion of any
other law which may be imputed in accordance with choice of
law rules applicable in any jurisdiction. The 1980 U.N. Convention
on Contracts for the International Sale of Goods or any successor
thereto does not apply to these Terms of Use. For any suit
or claim pertaining to these Terms of Use or any information
furnished hereunder, You irrevocably consent to the jurisdiction
and venue of any state or federal court sitting in King County,
Washington, USA, and You will not commence an action or proceeding
relating to the subject matter of these Terms of Use in any
other jurisdiction.
8.3 English Language Governs. It is the express wish of the
parties that these Terms of Use be drawn up in English. C'est
la volonté explicite des parties que ces termes d'usage
soient rédiger en anglais.
8.4 Independent Contractor. These Terms of Use will not be
interpreted or construed to create or evidence a partnership,
joint venture or franchise relationship among the parties
or as imposing any partnership or franchiser obligation or
liability on either party.
8.5 Compliance With Laws. You will comply at Your own expense
with all statutes, regulations, rules, ordinances and orders
of any governmental body, department or agency that apply
to or result from Your use of Our Site.
8.6. Severability. If any provision of these Terms of Use
will be unlawful, void or for any reason unenforceable, then
that provision will be deemed severable from and will not
affect the validity and enforceability of any remaining provisions.
OUR ADDRESS:
Superior Landscape Specialists
4203 E Lone MTN. Rd
Cave Creek, AZ, 85331
(480) 488-8700
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