These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between You and Lazy-App governing Your access to and use of Our website available at (the “Website”), Our mobile applications, including “Lazy-App and the services made available through the Site (as further described below).
As used in these Terms, “You” means any visitor, user or other people who access the Site or uses the Services, whether or not that person registered for an account. However, if you are accessing the Site or using the Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case “You” as used in these Terms will refer to such entity.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THESE TERMS AND CONFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS. ANY BREACH OF THESE TERMS WILL RESULT IN THE SUSPENSION AND/OR TERMINATION OF YOUR ACCESS TO THE SITE AND USE THE SERVICES AND MAY SUBJECT YOU TO ADDITIONAL CIVIL PENALTIES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. THESE TERMS EXPRESSLY SUPERSEDE ANY AND ALL PRIOR AGREEMENTS OR ARRANGEMENTS WITH YOU.
THESE TERMS MAY BE REVISED FROM TIME TO TIME AND WITHOUT PRIOR NOTICE. IF WE MAKE A CHANGE TO THESE TERMS, IT WILL BE EFFECTIVE IMMEDIATELY UPON OUR POSTING OF SUCH CHANGE OR AN UPDATED VERSION OF THESE TERMS TO THE WEBSITE. YOUR CONTINUED ACCESS TO THE SITE OR USE OF THE SERVICES AFTER ANY CHANGE BECOMES EFFECTIVE CONFIRMS YOUR AGREEMENT TO BE BOUND BY THE REVISED TERMS.
Please note these Terms apply only to users of the Services. A copy of the Independent Contractor Agreement which governs our relationship with Contractors (as defined below) is available here.
You may utilize the Site to arrange and schedule on-demand plowing, mowing and/or such other landscaping, outdoor or related services as we may offer on the Website from time to time (the “Services”). You may use the Services only for real property of which you are the legal owner or for which you are legally permitted to contract to benefit. You represent, by accessing the Site or using the Services that you either are such legal owner or possess such legal permission, and you acknowledge that we are relying on such representation in causing the Services to be performed. We may, but are not required to, demand proof of the same, and you agree that you may be denied access to or use of the Services if you refuse or are unable to provide such proof.
In order to access the Site and use the Services, You must register with us, using complete and accurate information for all fields requested. You agree to maintain accurate, current and complete information and acknowledge that we may rely on the Information pertaining to your account at any time as accurate, current and complete. You will only be permitted to register on your own behalf, and not on behalf of any other person or entity, unless you are an authorized representative of that entity for which authorization we may, but are not required to, demand proof. You agree that you may be denied access to or use of the Services if you refuse or are unable to provide such proof.
We may refuse your registration or cancel your account at any time, for any or no reason, in our sole discretion, resulting in your inability to access the Site or use the Services. If you wish to terminate your account, you may do so at any time prior to the commencement of Services by notifying us in accordance with these Terms and ceasing all use of the Services. Cancellation and termination of your registration may result in the forfeiture of any or all Referral Credits and/or New User Credits (each as defined below) that you are eligible to receive or use at such time and the destruction of all information in our possession that is associated with your account.
These Terms which contemplate or govern performance or observance subsequent to the cancellation or termination hereof, or which by their nature should survive cancellation or termination, shall survive cancellation or termination hereof, including, without limitation, the terms set forth under the headings “Disclaimer; Limitation of Liability”, “Indemnification” and “Governing Law; Submission to Jurisdiction; Waiver of Jury Trial”.
You are solely responsible and liable for activity that occurs on your account. You shall not permit any third person or party to access or use your account and shall be responsible for maintaining the confidentiality of your password. You are not permitted to use another user’s account. You will notify us immediately in writing of any unauthorized use of your account, or other accounts related security breach of which you are aware.
If you are an individual, you may not use the Site or Services if you are not of legal age to form a legally binding contract with us. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, you are authorized to enter into and bind the entity to, these Terms. We may, but are not required to, demand proof of the same, and you agree that you may be denied access to or use of the Services if you refuse or are unable to provide such proof. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. You agree to comply with all applicable laws when accessing or using the Services, and you may only access the Site or use the Services for lawful purposes. As a condition of use, you promise not to use the Site or Service for any purpose that is not expressly permitted by these Terms. You shall not take any action that attempts to (i) interfere or has the effect of interfering with the proper working of the Site or Services, (ii) bypass any security measures of the Site or Services, (iii) collect, use or scrape any content from the Site, or (iv) modify, appropriate, reproduce, distribute, reverse engineer, mine, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Site Content, except as expressly authorized by these Terms. By creating an account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
To enable us to use Your information for the purposes described in these Terms, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights You have in Your information, and to use, copy, perform, display and distribute such information to prepare derivative works, or incorporate into other works, such information, in any media now known or not currently known. We do not assert any ownership over your Information; rather, as between you and us, subject to the rights granted to us in these Terms, You retain full ownership of all of your information and any intellectual property rights or other proprietary rights associated with your information.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from Your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
When utilizing the Services, You will pay us the applicable amount, using our third-party payment services. You will be asked to provide credit card information when scheduling a Service on the Site. We will charge your credit card according to your user agreement with your credit card after the applicable Contractor provides us with confirmation that the Service has been completed. You hereby authorize us to place “holds” on the available funds on your credit card and charge your credit card for such amounts and to submit such changes to our third-party payment processor. We will not be liable for any tax or withholding. You represent and warrant that (i) any credit card information You supply to Us is true, correct and complete, (ii) You are duly authorized to use such credit card for the purchase of the Services, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any.
Each time You choose to use the Services, You will be deemed to accept these Terms as they exist at such time, and to represent and warrant that, at the time of commencement of the Services and throughout the performance thereof, the area to be Serviced: (i) is in a condition suitable for mowing, landscaping, plowing or other applicable services to be provided, as applicable based on the nature of the Services requested; (ii) will have boundaries clearly marked; (iii) will be free of all debris, obstacles and obstructions and (iv) is situated on land for which You have a legal right to contract.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Lazy-App Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LAZY-APP PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LAZY-APP PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LAZY-APP PLATFORM LINKED TO IT.
YOUR USE OF THE LAZY-APP PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LAZY-APP PLATFORM IS AT YOUR OWN RISK. THE LAZY-APP PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LAZY-APP PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LAZY-APP NOR ANY PERSON ASSOCIATED WITH LAZY-APP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE LAZY-APP PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER LAZY-APP NOR ANYONE ASSOCIATED WITH LAZY-APP REPRESENTS OR WARRANTS THAT THE LAZY-APP PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LAZY-APP PLATFORM WILL BE ACCURATE, RELIABLE, ERRORFREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE LAZY-APP PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LAZYAPP PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LAZY-APP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL LAZY-APP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR CORPORATE PARTNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE LAZY-APP PLATFORM, ANY LAZY-APP PLATFORMS LINKED TO IT, ANY CONTENT ON THE LAZY-APP PLATFORM OR SUCH OTHER LAZY-APP PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LAZY-APP PLATFORM OR SUCH OTHER LAZYAPP PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold harmless Lazy-App, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Lazy-App Platform, including, but not limited to, any use of the Lazy-App Platform's content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Lazy-App Platform.
Generally, in the interest of resolving disputes between you and Lazy-App in the most expedient and cost-effective manner, YOU AND LAZY-APP MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LAZY-APP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
a. Exceptions. Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
The entire contents of the Site are copyrighted unless otherwise indicated, by Lazy-App. All rights are reserved and content may not be reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written agreement of Lazy-App.
No waiver by Lazy-App of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lazy-App to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
For purposes of developing and testing the Lazy-App Platform, on occasion, a LazyApp representative may schedule or perform Services on the Lazy-App Platform within the Nashville market. On such occasions, the contract for such Service shall between Lazy-App and such User and shall be governed by the applicable terms of this Agreement.