Contract Terms and Conditions
The provisions herein govern the transactions and dealings between Cutting Hedge Technologies LLC d/b/a Level Lawns (“Level Lawns”) and the Customer, whether now or hereinafter occurring, superseding all other communications and agreements between any representative of Level Lawns and Customer, and constitute the entire agreement between Level Lawns and Customer. Additional or different terms proposed by Customer and expressed in any form, whether before or after Customer’s receipt of this document, shall not be binding on Level Lawns.
Level Lawn’s silence shall not constitute consent to any additional or different terms. Any changes or additions to this Agreement must be agreed to in writing, signed and dated by authorized representatives of Level Lawns and Customer.
Payment is due to Level Lawns upon receipt of invoice. Customer shall notify Level Lawns in writing within 5 calendar days of date of each invoice of any and all objections. Failure of Customer to provide such written notice within the time specified shall result in such services, equipment and product being deemed in full accordance with this Agreement and free of defects and any objections to the invoice are deemed waived. Should Customer provide such written notice within the time specified, Level Lawns shall, at its sole option, have the right to either attempt to rectify and correct any claimed nonconformity and defect, or to cancel this Agreement without further obligation–at which time the Customer shall owe Level Lawns for the actual costs of materials and time on the project. Any invoice not paid within 30 days of its due date shall be subject to interest at the rate of 1.5% per month thereafter.
Level Lawns shall be entitled to recover from Customer a $500 service charge plus any and all costs and expenses, including, but not limited to, attorney’s fees at the rate of $350 per hour (which Customer agrees is reasonable), court costs, and litigation expenses actually incurred by Level Lawns in enforcing and/or defending its rights under this Agreement. This agreement is to pay the price stated and the price is not subject to reduction based on any error in the estimated area to be serviced.
Customer shall indemnify and hold Level Lawns harmless from and against any and all claims, demands, costs and expenses (including, without limitation, attorney’s fees and litigation expenses) arising or resulting from
- The breach of any representation, warranty, covenant or duty of Customer in this Agreement;
- Anything in connection with this Agreement;
- Damages sustained to any property owned by any person other than Customer;
- Any damage to Customer’s property or any part thereof;
- Any act or omission of Customer or its agents or invitees.
This indemnification obligation includes any such claims arising solely due to Level Lawn’s ordinary negligence. This indemnification obligation does not apply to claims arising solely because of Level Lawn’s gross negligence and/or willful misconduct. This indemnification agreement includes the duty of Customer to defend Level Lawn’s at its sole cost or reimburse Level Lawn’s its reasonable attorney’s fees and costs in defending any suit or claim.
Level Lawns is not a manufacturer of any product or goods, and any warranty, if any, on such is that offered by the manufacturer of such. Level Lawns assumes no liability or obligation with regard to any warranty of any product or material supplied. LEVEL LAWNS MAKES NO GUARANTY OR WARRANTY OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No person or entity is authorized to make any warranty or guaranty on behalf of Level Laws. Customer is responsible for feeding, watering, and maintaining treated area after Level Lawn services are applied.
If there are any defects in goods, products or services, Customer’s sole remedy is the replacement of the defective product. In no event shall Level Lawns be liable for any loss of income or profits, business interruption, any pecuniary loss arising from Level Lawn’s services and/or insufficient goods and equipment and/or under any incidental, indirect, special or consequential and/or punitive damages arising under contract, tort, warranty, negligence, strict liability or any other theory of liability.
Level Lawns is not responsible for acts of nature, including but not limited to weather, wind, rain, lack thereof, or drought. Customer is responsible for marking property lines, underground pipes, dog fences, sprinkler heads, utility lines, etc. and lines not marked by UPC. In no event shall Level Lawns be liable, whether monetarily or otherwise, to Customer for damages or the repair of , underground pipes, dog fences, sprinkler heads, utility lines, etc. and lines not marked by UPC.
Customer Representations, Warranties, Covenants
Customer represents warrants and covenants that:
- Customer has authority and power to perform its obligations hereunder;
- All information provided by the Customer on the reverse side hereof and in any other document(s) given by Customer to Level Lawns is true and correct.
Customer acknowledges that Level Lawns is relying upon the truth, accuracy and completeness of Customer’s representations and documents.
Each of the following constitutes a Customer default:
- Customer fails to pay any amounts to Level Lawns, as and when due;
- Customer breaches any warranty or other provision contained herein;
- Customer becomes insolvent, a receiver is appointed for Customer, or Customer ceases to do business as a going concern;
- A petition is filed by or against Customer under any bankruptcy or similar law. In the event of any Customer default, Level Lawns, at its option and in addition to, not in lieu of, any other remedies provided herein, by law or equity, may
- remove the property of Level Lawns;
- accelerate payment of and declare all amounts owing hereunder immediately due and payable;
- recover any amounts owing by Customer to Level Lawns; and
- pursue any and all other rights available to Level Lawns at law or in equity.
- Notices shall be in writing by certified mail to the persons and addresses provided on the reverse side;
- Level Lawns at all times shall be acting as an independent contractor and not be deemed to be an agent, employee, joint venturer or partner of Customer. Customer shall have no authority to contract for or otherwise bind Level Lawns;
- This Agreement remains binding on the Customer in the event of a change of management, sale, assignment or other transfer of the business and/or assets. Customer may not assign this Agreement or any of its rights or responsibilities hereunder unless Level Lawns agrees in writing;
- This Agreement and matters arising hereunder shall be governed by and construed in accordance with State of Georgia laws;
- Rights and remedies afforded Level Lawns hereunder are in addition to, not in lieu of, those available under law or equity. Each right/remedy shall be cumulative;
- No waiver of any terms shall be effective unless such is in writing and signed by an authorized Level Lawns representative;
- The Customer hereby relieves Level Lawns from any duty to mitigate damages if Customer defaults as provided in this Agreement;
- Any and all rights granted to Customer under any state or federal law or regulation are expressly waived except as delineated herein;
- Customer consents to the jurisdiction and venue of any court including the geographic boundaries of Cobb County Georgia in the event of a suit to enforce its obligations under this Agreement;
- In the event that any term or provision of this Agreement is found to be void for any reason, such shall not affect the validity of the remaining parts of this Agreement, which shall be read as if the void term or provision were not included in this agreement.
Effective Date: 2/15/2023
COLLECTION OF PERSONAL INFORMATION
Information collected directly from you: We may collect personal information directly from you, for example through a web form, during registration, while setting up an account with us, when you contact us, or at checkout. Personal information we collect directly from you may include first and last name, address, email address, and phone number.
Information collected from your device: Our website may use technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device including, for example, your IP address, browser type and version, and email engagement statistics.
This information may be collected through a web form, during registration, while making a reservation, while setting up an account with us, when you contact us for customer support, or at checkout first and last name, address, email address, and phone number your IP address, date and time of your visit, browser and operating system information, referring website address, and other information about how you interact with the website.
Information collected from our partners: We may collect personal information about you from our third- party partners and combine it with other information that we collect. Personal information we collect from our partners may include, for example, your demographic information, shopping history, and geographic location.
USE OF PERSONAL INFORMATION
We may use information collected about you for any lawful purpose, including the following:
To provide you with our products and services, customer service and support, and other relevant information
To market our products and services to you, including by email and text message subject to your consent.
To provide our website to you, to optimize our website, and to assist with our advertising and marketing efforts. To send you abandoned cart reminders if you added items to your shopping cart but did not complete check out.
To comply with the law and to maintain the security of our website; or
With your consent, or as otherwise disclosed at the time information is collected.
DISCLOSURE OF PERSONAL INFORMATION
We may share the information we collect with other parties, including the following:
With third-party service providers to assist us with providing and marketing our products and services, at our direction in connection with offering, marketing for, and performing our services.
With Constant Contact, to send email marketing and text message communications. For more
information about how we may use your information with Constant Contact and the information that may be collected through our email campaigns, see Constant Contact’s Customer Data Notice available at https://www.constantcontact.com/legal/customer-contact- data-notice.
With any affiliates or joint venture partners that we may have in the future.
As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets,
including as part of a bankruptcy proceeding.
If necessary to comply with applicable laws and regulations, to respond to a subpoena, search
warrant or other lawful request for information we receive, or to otherwise protect our rights or the rights of third parties, or to protect the safety or security of any person or entity.
With your consent or as otherwise disclosed at the time of data collection or sharing.
We may share information that has been de-identified or aggregated without limitation.
Our website may offer interactive features, such as the ability to leave reviews, that you can use to communicate with other website visitors or to submit and post your own content. If you disclose information in one of these forums, this information can be viewed, collected, and used by others.
DIGITAL ADVERTISING & ANALYTICS
We may also work with third parties that collect data about your use of our website and other sites or apps over time for non-advertising purposes. We use Google Analytics and other third-party services to improve the performance of the website and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our website, visit www.google.com/policies/privacy/partners, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout.
Your web browser may allow you to block or disable cookies; however, parts of our website may not function properly if you do so.
EMAIL AND TEXT MESSAGE COMMUNICATIONS
If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us. If you opt out of our email marketing, we will still send you messages related to our transactions and relationship with you, such as order confirmations.
If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more information, see our Mobile Messaging Terms and Conditions available at [insert link to your mobile terms].
YOUR PRIVACY RIGHTS You may contact us at firstname.lastname@example.org to have all personal data removed from our systems, except for that information that may be required by local or federal law for our financial and business record keeping.
UPDATING YOUR INFORMATION When you have an account with us, you may review, change, or update your contact information by contacting us at email@example.com
If you have any questions about this policy or our privacy practices, please contact us at firstname.lastname@example.org
Mobile Messaging Terms and Conditions
Last updated: 02/15/2023
1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, other marketing offers. Transactional messages relate to an existing or ongoing order notifications and updates, appointment reminders. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary [but will not exceed 3 messages per month]. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.
User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt- out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us.
Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.