Visitor Agreement
Effective April 6, 2002. Updated January 18, 2007.
All websites including, but not limited to, lawnnation.com, all subdomains of lawnnation.com,
and any other website owned by Lawn Nation are provided to you by Lawn Nation ("we" or "us"). This visitor
agreement is a binding legal contract between you and us. Please read this visitor
agreement; by using this service, you accept its terms. The Internet is an evolving
medium; we may change the terms of this agreement from time to time. By continuing
to use the service after we post any such changes, you accept this agreement, as
modified.
We reserve the right to deny access to this website, or any service provided via
this website, to anyone who violates this visitor agreement or who, in our judgment,
interferes with the ability of others to enjoy this website, or infringes the rights
of others.
We invite you to send in your questions or comments about this website, or to bring
to our attention any material you believe to be inaccurate. Please send such comments,
including a copy of any material you wish to discuss to:
Lawn Nation
PO Box 1521
Rancho Cordova, CA 95670
888-360-LAWN(5296)
info@lawnnation.com
PRIVACY
We respect the privacy of the users of our website.
INTELLECTUAL PROPERTY RIGHTS
Our
Limited License to You.
Although we make this website freely accessible, we don't intend to give up our
rights, or anyone else's rights, to the materials appearing on the service. The
materials available through this website are the property of us and our affiliates
or licensors, and are protected by copyright, trademark and other intellectual property
laws. You are free to display and print for your personal, non-commercial use information
you receive through this website. But you may not otherwise reproduce any of the
materials without the prior written consent of the owner. You may not distribute
copies of materials found on this website in any form (including by email or other
electronic means) without prior written permission from the owner. Of course, you're
free to encourage others to access the information themselves on our website and
to tell them how to find it. Requests for permission to reproduce or distribute
materials found on this website can be sent to
info@lawnnation.com.
Your License to Us. By submitting material
to us, you are representing that you are the owner of the material, or are making
your submission with the express consent of the owner. By submitting material to
any public posting areas of this website, such as any message boards, classifieds,
forums, or community publishing areas, you agree that such material is provided
to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable,
non-exclusive basis, and that we (including our partners, agents, affiliates and
service providers (each a 'Third Party Provider' and collectively, "Third Party
Providers") may reproduce, modify, archive, publish, display and otherwise distribute
such material as we see fit in any medium now known or hereafter developed, in any
manner we see fit (for example, online or offline derivative works) and for any
purpose. Without limiting the generality of the previous sentence, you agree that
we (as defined above) may distribute, share or otherwise provide such material under
any terms we see fit to any user(s) of this website or any users of any Third Party
Provider services, without the requirement of providing you any form of compensation.
You also agree that we, including our Third Party Providers, may identify you as
the author of any of your postings by name, email address or screen name as we see
appropriate. We also reserve the right (but assume no obligation) to delete, move,
or edit any postings that come to our attention that we consider unacceptable or
inappropriate, whether for legal or other reasons.
Links. We welcome links to our service.
You are free to establish a hypertext link to this site so long as the link does
not state or imply any sponsorship of your site by us. No Framing. Without our prior
written permission, you may not frame, or in-line link, any of the content of this
website, or incorporate into another website or other service any of our intellectual
property. Requests for permission to frame our content or in-line link to our website
may be sent to
info@lawnnation.com.
Trademarks. We don't want anyone to be confused
as to which materials and services are provided by us and which aren't. You may
not use any trademark or service mark appearing on this website without the prior
written consent of the owner of the mark. Requests for permission to use any trademark
or service mark appearing on this website may be sent to
info@lawnnation.com.
Notice of Copyright Infringement. If you
are an owner of intellectual property who believes your intellectual property has
been improperly posted or distributed via our website, please notify us by sending
a notice by U.S. Mail to Lawn Nation,
PO Box 1521, Rancho Cordova, CA 95670
. A written notice must contain all documentation supporting your claim. Only send
us this mail if you believe that your work has been used or copied in a manner that
infringes your intellectual property rights and such infringement has occurred on
this website.
DISCLAIMERS
We work hard to make this website an interesting and enjoyable place. We cannot
guarantee, however, that our users will always find everything to their liking;
nor could we provide our services if we were exposed to substantial liability. Please
read these Disclaimers carefully before using this website.
Use at Your Own Risk. We provide the material
available through this website for informational purposes only. You may only use
the material and the services available through this website for your personal and
non-commercial use. We try to ensure that information we post to this site is both
timely and accurate, and that the services offered are reliable. Yet despite our
efforts, errors may occur from time to time. In addition, some reports, such as
sod prices and related product prices, may be delayed from time to time. Before
you act on any information you've found on our site, you should confirm any facts
that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE
THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY
SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH
THIS WEBSITE.
No Endorsements. We are not responsible
for, and cannot guarantee the performance of, goods and services provided by the
sod farms or others that we work with. A link to another website does not constitute our
endorsement of that site (nor of any product, service or other material offered
on that site).
No Warranties. THIS WEBSITE AND ALL MATERIALS,
INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH
ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT
AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE
THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES
WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Limitations on Our Liability. UNDER NO CIRCUMSTANCES
SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH
THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS
AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU
AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS,
IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE
SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
Provisions for seeking damages: Repeated
deliberate violations of our Visitor Agreement or any applicable law may initiate
the need to investigate and otherwise incur costs and fees in order to prevent further
repeated violations, and you agree to be liable for those investigation costs and
other liabilities and fees that your repeated misuse has caused.
USE OF COMMUNICATIONS SERVICES
Specific Prohibited Uses. Without limiting
the foregoing, we may immediately terminate your use of any Communications Service
if you engage in any of the following prohibited activities:
*
Uploading, posting, emailing, transmitting or otherwise
making available any content that is unlawful, harmful, threatening, abusive, libelous,
or obscene;
*
Impersonating any person or entity, or falsely stating
or otherwise misrepresenting your affiliation with a person or entity;
*
Forging headers or otherwise manipulating identifiers in
a manner that disguises the origin of any content you transmit through any Communications
Service;
*
Uploading, posting, emailing, transmitting or otherwise
making available any content that you do not have a right to make available under
any law or under any contractual or fiduciary relationship (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
*
Uploading, posting, emailing, transmitting or otherwise
making available any content that infringes any patent, trademark, trade secret,
copyright or other proprietary right of any party;
*
Uploading, posting, emailing, transmitting or otherwise
making available any unsolicited or unauthorized advertising, promotional materials,
or any other form of solicitation, without our express written approval;
*
Gathering for the purpose of "spamming" any email addresses
that users post in our chat rooms, forums and other public posting areas;
*
Uploading, posting, emailing, transmitting or otherwise
making available any content or material that contains software viruses, worms or
any other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications or
other equipment, or to cause a security breach of such software, hardware or telecommunications
or other equipment;
*
Interfering with or disrupting any servers or networks
used to provide the Communications Services, or disobeying any requirements, procedures,
policies or regulations of the networks we use to provide the Communications Services;
*
Violating any applicable local, state, national or international
law;
*
"Stalking" or otherwise harassing another;
*
Instigating or encouraging others to commit illegal activities
or cause injury or property damage to any person;
*
Collecting or storing personal data about other users;
*
Gaining unauthorized access to our website, or any account,
computer system, or network connected to this website, by means such as hacking,
password mining or other illicit means; or
*
Obtaining or attempting to obtain any materials or information
through any means not intentionally made available through this website.
Spam. We will immediately terminate any
user which we believe is being used to transmit, or is otherwise connected with,
any spam or other unsolicited bulk email. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated, then you
agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk
email transmitted from, or otherwise connected with, your usage. Otherwise you agree
to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses. Because of the volume of email
messages sent by us and users of this website, we cannot and do not always monitor
such email messages and attachments. You acknowledge and agree that such email messages
may contain viruses, worms or other harmful components. You also acknowledge and
agree that you are solely responsible for screening the email messages and attachments
for viruses, worms and other harmful components.
Indemnity. You agree to indemnify and hold
us and our affiliates, agents and licensors, harmless from any claim that may arise
from your use of any of our services available through this website.
MISCELLANEOUS
Registration. To obtain access to certain
services on our site, you may be given an opportunity to register with us. You agree
that you will register only if you are 13 years or older. You agree that the information
you supply during that registration process will be accurate and complete and that
you will not register under the name of, nor attempt to enter the service under
the name of, another person. We reserve the right to reject or terminate any user
name that, in our judgment, we deem offensive. You will be responsible for preserving
the confidentiality of your password and will notify us at
info@lawnnation.com
of any known or suspected unauthorized use of your account.
Jurisdiction. This visitor agreement has
been made in and shall be construed in accordance with the laws of the State of
California
. By using this service, you consent to the exclusive jurisdiction of the state
and federal courts in Sacramento, California
in all disputes arising out of or relating to this agreement or this website.