Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE WEED MAN WEBSITE.

Welcome to the website Terms of Use agreement for Turf Holdings Inc. (a term that includes all our affiliated Weed Man and other franchises). For purposes of these Terms of Use, “Site” refers to Turf Holdings Inc.’s website, which can be accessed at  https://www.weedman.com/, which includes information about lawn care, weed and insect control, and access to your client account.  The terms “we”, “us”, and “our” refer to Turf Holdings Inc. “You” refers to you, as a user of our Site. 

The following Terms of Use apply when you view or use the Site via our website located at https://www.weedman.com/ or by accessing the Site through clicking on the application on your mobile device.  These Terms of Use are not applicable to our in-person lawn care services.  

Please review the following terms carefully. By accessing or using the Site, you signify that you have read, understood and agree to be bound by these Terms of Use which forms an agreement that is effective as if you had signed it. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Site.  

PRIVACY POLICY

Turf Holdings Inc. respects your privacy. Please refer to our Privacy Policy (found here: https://www.weedman.com/privacy-policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to the Privacy Policy as well as these Terms of Use.

SITE USE

Information provided on or related to the Site is subject to change. Accordingly, you should check the Terms of Use regularly for updates.  Should the Terms of Use be revised, Turf Holdings Inc. will post the changes on this Site and the new Terms of Use will be effective immediately upon posting.  If Turf Holdings makes any material changes to the Terms of Use, in addition to posting the revised Terms of Use to the Site, Turf Holdings Inc. will notify you in manner and to the extent required by law.  You can determine when the Terms of Use were last revised by referring to the “Last Revised” date at the top of the page. Each time you access, use or browse the Site, you signify your acceptance of the then-current terms.  Turf Holdings Inc. makes no representation or warranty that the information provided is accurate. You understand and agree that Turf Holdings Inc. may discontinue or restrict your use of the Site at any time for any reason with or without notice.

You may use the Site for lawful purposes only.  To access the Site, you must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms of Use. If you are accessing or using the Site on behalf of a company, legal entity, association, partnership, organization or other entity (collectively, “Organization”), you accept and agree to these Terms of Use on behalf of the Organization and you represent and warrant that you have the authority to bind the Organization to these Terms of Use.    

In order to use the Site, you may be required to provide information about yourself including your name, e-mail address, and other personal information.  You agree that any registration information you provide to Turf Holdings Inc. will always be accurate, correct, and up to date. You will only be allowed to provide your own personal information, and not the information of others.  

Failure to comply with the Terms of Use listed here may cause you to be removed from the Site, and/or for legal action to be taken by or on behalf of Turf Holdings Inc.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SITE

You need to be at least 13 years old and a resident of the United States to register for and use the Site. If you are under age 13, you are not permitted to submit any personally identifiable information to Turf Holdings Inc. on the Site or offline. If you provide information to Turf Holdings Inc. through the Site, you represent that you are at least 13 years of age or of an age to form a legally binding contract and you are not prohibited from receiving services on or through the Site under the law of the United States or any other applicable jurisdiction.

If you sign up for a client account, you will create a personalized account which includes a unique user ID and a password to access your account and to receive messages from Turf Holdings Inc. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You agree to notify us immediately of any unauthorized use of your user ID, password, and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your user ID, password and/or account.

INTELLECTUAL PROPERTY

All intellectual property on the Site (the “Intellectual Property”) is solely and exclusively owned by Turf Holdings Inc. or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks and trade names are owned, registered, or licensed by Turf Holdings Inc.  All content on the Site, including but not limited to, text, documents, software, scripts, code, designs, graphics, drawings, photos, sounds, audio, music, videos, animation, logos, icons, images, media, data, charts, maps, services information, applications, interactive features, and all other content (the “Content”) is solely and exclusively the property of Turf Holdings Inc. and is protected under copyright and other applicable United States and foreign laws.

The Content is made available for only your personal, noncommercial use, other than with respect to use of the Site to purchase services from Turf Holdings Inc.  Special terms may apply to some services or features offered on the Site or when you register, enroll or participate in any surveys or questionnaires, promotions, or any other services, events or activities sponsored by Turf Holdings Inc. You may not use in any format whatsoever any of the Content or the Intellectual Property, in whole or in part without Turf Holdings Inc.’s prior written consent or as provided in these Terms of Use. Any use of the Content and Intellectual Property not expressly permitted in these Terms of Use is a breach of these Terms of Use and may violate copyright and other laws.  Any copyright or other legal infringement may result in legal action taken by or on behalf of Turf Holdings Inc.

Unless expressly provided in writing otherwise by Turf Holdings Inc. all comments, feedback, information or materials submitted to Turf Holdings Inc. through or in association with the Site (“User Material”) will be considered non-confidential and the property of Turf Holdings Inc.  By submitting such comments, feedback, information, or materials to us, you agree to a no-charge, sublicensable, transferable, perpetual, non-exclusive, irrevocable assignment to Turf Holdings Inc. of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information, or materials.  Turf Holdings Inc. will be free to use, copy, or distribute such comments, feedback, information, or materials on an unrestricted basis without accounting to you.  

Turf Holdings Inc. authorizes you to view, print, copy, and distribute materials on the Site

provided that:

1. the information is used internally by you only for informational, non-commercial purposes,

2. no fee may be charged for distribution of any information to any third party, and

3. any and all copyright or other proprietary notices that appear herein together with these Terms of Use, must appear on any copies that you make.

PHYSICAL ACTIVITY NOTICE

The Site may include features that promote physical activity.  Consider the risks involved and consult with your medical professional before engaging in any physical activity.  Turf Holdings Inc. is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Site.  

MOBILE SERVICES

The Site contains services and features that are available to certain mobile devices, such as any phone, tablet, console, or other device (“Device”).  Your carrier’s normal rates and fees apply.  Not all of our mobile services will work with all carriers or Devices.  By using the Site, you agree that Turf Holdings Inc. may communicate with you by electronic means to your mobile Device and that certain information about your use of the Site may be shared with us.  If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.  

DISCLAIMER

Any product, process, or technology published on the Site may be the subject of intellectual property rights reserved by Turf Holdings Inc., its subsidiaries, or licensors, and are not licensed under these Terms of Use.  

All information provided via the Site and Service (the “Information”) is intended for informational purposes only and is subject to change or withdrawal by Turf Holdings Inc. at any time without notice. We assume no responsibility for the accuracy or completeness of the Information. We cannot guarantee and do not promise any specific results from the use of the Site.  Turf Holdings Inc. does not represent or warrant that the Site will be uninterrupted or error-free, that any defects will be corrected, or that this Site or the servers that make the Site available are free of viruses or anything else harmful. THE INFORMATION IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS, OR NON-INFRINGEMENT.  TURF HOLDINGS INC. FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITE, THE SERVICE OR THE INFORMATION PROVIDED THEREIN. Turf Holdings Inc. does not make any warranties or representations regarding the use of the Information in terms of its correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain the Information at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Site, loss of data or other harm of any kind that may result.  Turf Holdings Inc. reserves the right to change any and all Information and other items used or contained in the Site at any time without notice. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TURF HOLDINGS INC. BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN LAW OR IN EQUITY, TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF TURF HOLDINGS INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Turf Holdings Inc. assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Site. You assume total responsibility for your use of the Site. Your only remedy against Turf Holdings Inc. for use of the Site or any content is to stop using the Site. That said, if Turf Holdings Inc. is liable to you for any damage or loss that is in any way connected with your use of this Site or any Content, Turf Holdings Inc.’s liability will not exceed $100.00USD. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.  

THIRD PARTIES

The Site may contain links to third party websites and resources. You acknowledge and agree that Turf Holdings Inc. is not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. Unless otherwise stated, these Terms of Use only cover the use of the Site.  Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify, defend and hold Turf Holdings Inc. and its officers, directors, employees, agents, subsidiaries, content providers, affiliates, partners, licensors, licensees, services providers, suppliers, vendors, activities partners and sponsors, brokers, merchants, advertisers and others acting in concert with any of the foregoing (collectively, the Turf Holdings Inc. Parties) harmless from and against any and all loss, claims, actions or demands, penalty, fine, cost, expense, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from (A) your use of or reliance on the Site or any Content, services or activity available through the site or your dealings in connection with the Site; (B) your submissions or any materials you submit or transmit to the Site; (C) your violation of these Terms of Use, any applicable laws or the rights of Turf Holdings Inc. or any third party; and (D) any activity related to access or use of your account or password whether by you or any other person. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent from Turf Holdings Inc.

TERMINATION

Turf Holdings Inc. reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, its Content, including, without limitation, prices and sales terms or activities or any portion thereof, with or without notice.  You agree that Turf Holdings will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, its Content or activities or any portion thereof. Turf Holdings Inc. reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Material, and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else.  Turf Holdings Inc. also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Site. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability, Miscellaneous, and terms that by their nature may survive termination will survive any termination of these Terms of Use.  

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Site’s email and messaging system will not constitute legal notice to Turf Holdings Inc. or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

GOVERNING LAW; MEDIATION; VENUE

These Terms of Use will be construed in accordance with, and governed by, the laws of the State of Illinois, U.S.A., exclusive of choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use first by good faith negotiation.  You irrevocably agree that sole and exclusive venue for any dispute, as the most convenient and appropriate to address any disputes, arising out of these Terms of Use shall be the federal and state courts located in Illinois, U.S.A., and any such decision or award shall be binding on the Parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.  You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) you have no right or authority for any dispute to be litigated on a class-action basis or to utilize class action procedures; and (iii) you have no right or authority for any dispute to be brought in a purported capacity on behalf of the general public or any other persons.

Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: 

The name, address and telephone number of the provider of this service is Turf Holdings Inc., 1129 Wentworth St. West Unit B3, Oshawa Ontario Canada L1J 8P7, 1-888-321-9333. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to privacy@weedmanusa.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

MISCELLANEOUS

Should any provision of these Terms of Use be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms of Use bind and ensure to the benefit of the parties’ successors and assigns. We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.  These Terms of Use and the Privacy Policy, in whole or in part, are not assignable by you; any transfer, assignment or delegation by you is invalid.

These Terms of Use constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.  No waiver of any of the provisions shall bind either party unless set forth in writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms of Use are provided for convenience only and shall not affect its construction or interpretation.

By accessing or using the Site, you agree to these Terms of Use, without modification, and acknowledge reading them.  We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on the Site.  It is your sole responsibility to check the Site from time to time to view any such changes to these Terms of Use. By continuing to use the Site after we post any such changes, you accept the new Terms of Use with the modifications.

Any cause of action or claim you may have with respect to these Terms of Use or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. Turf Holdings Inc. reserves the right to seek all remedies available at law and in equity for violation of these Terms of Use or special terms or rules set forth on the Site, including, without limitation, the right to block access from a particular internet address. 

© Turf Holdings Inc., 2019. All rights reserved.