TERMS OF USE
FOR LAWN DOCTOR’S
EXTRANET FOR STRATEGIC-PARTNERS
Lawn Doctor, Inc. (“Lawn Doctor” or “we” or “us”) welcomes you to Lawn Doctor’s Extranet ("Extranet") for its Strategic-Partners. Please read these Terms of Use (the “TOU”) carefully before using the Web site (the “Site”).
By making any use of this Site (such as reading or perusing the Site’s content, or downloading material from it), you will indicate your agreement to abide by these TOU. If you do not agree with any of these terms, please do not use this Site or download any materials from it.
We reserve the right to modify, alter or otherwise update these TOU at any time, and you agree to be bound by such modifications, alterations or updates. You should review the then-current terms because they will be binding on you if you continue to use this Site after receiving notice of any such changes.
The Extranet is intended solely for the business use of Lawn Doctor, its Strategic-Partners and invited guests. Any other use of the Extranet is not permitted.
The TOU are designed to assist in protecting the Extranet, Lawn Doctor’s Strategic-Partners, and other users of the Extranet from improper and/or illegal activity over the Internet. You are expected to use the Extranet in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.
The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct. This list is by no means exhaustive and should not be interpreted as such. We reserve the right to take action to stop any activity that we deem to be inappropriate for the Extranet.
While we do not intend to control or monitor your use of the Extranet or the content of your online communications, and we are not obligated to do so, we reserve the right to edit or remove content that we deem to be in violation of the TOU or that we otherwise deem harmful or offensive. The TOU apply to all aspects of the Extranet, including (without limitation) e-mail, message posting, chatting and browsing.
We are granting you the right to access the Extranet using the user ID and password that you create. You agree to accept the affirmative duty to keep your user ID and password secure, and further agree that you will not post that information anywhere in, on, or near your computer or otherwise where it can be easily found by someone else. If your password is lost, stolen or otherwise compromised, you must immediately notify Lawn Doctor, and we will take reasonable steps to deactivate the compromised password. Lawn Doctor is not responsible for any data that is lost, altered or that becomes public through your failure to protect your password.
We will allow you access to the Extranet so long as you comply with these TOU and for so long as you remain a Lawn Doctor Strategic-Partner in good standing. You may not transfer your user account to anyone without our prior written consent. We reserve the right to terminate your access to the Extranet or, in our sole judgment, to discontinue the Extranet itself. We will have no liability to you if we terminate your access to the Extranet.
If you engage in conduct while using the Extranet that is in violation of the TOU or is otherwise illegal or improper, we reserve the right to suspend or terminate your access to the Extranet without prior notice to you. In most cases, we may attempt to notify you of any activity in violation of the TOU and request that you cease such activity; however, we are not required to do so. In addition, we may take any other appropriate action against you for violations of the TOU. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Extranet and will have no liability to any party, including you, for any violation of the TOU.
We may provide links from our Site to other Web sites. Linked sites are not under the control of Lawn Doctor, and Lawn Doctor is not responsible for the content of any linked site or any link contained in a linked site. Lawn Doctor reserves the right to terminate any link or linking program at any time. Lawn Doctor does not endorse companies or products to which it links and reserves the right to note as such on its Web pages. If you decide to access any of the third-party sites that may be linked to this Site, you do so entirely at your own risk.
You may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of the Extranet. You may not use the Extranet to engage in any activities that may interfere with the ability of others to access or use the Extranet. You may not attempt to gain unauthorized access to the user accounts or passwords of other users.
The materials on this Site are copyrighted and are protected by U.S. and international copyright laws and treaty provisions. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Lawn Doctor. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Lawn Doctor. No material from this Extranet or any Web site owned, operated, licensed or controlled by Lawn Doctor may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may view the materials online, download the materials and retain one electronic copy on any single computer and one print copy of any individual file solely for your use in connection with the business of operating your Lawn Doctor Franchise under the terms of the relevant franchise agreement, provided that you keep intact all copyright and other proprietary notices. Modification, decompiling, reverse engineering or any use of the materials for any other purpose is a violation of Lawn Doctor’s copyrights. Lawn Doctor’s trademarks may only be used with express written consent from Lawn Doctor. Except as expressly provided in these TOU, Lawn Doctor does not grant any express or implied right to you under any copyrights, trademarks or other proprietary rights. All other brands and names are property of their respective owners.
You agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data or other information that:
We have no obligation to monitor, do not control, and are not responsible for the content of postings made by Lawn Doctor Strategic-Partners, their guests and others. If we become aware of posted information that is illegal, infringing upon any intellectual property rights, otherwise improper or that violates the TOU, we reserve the rights at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that, in Lawn Doctor’s sole discretion, are objectionable or in violation of the TOU.
You also agree not to harvest or collect information about the users or members of this Extranet or use such information for any purpose.
The Extranet contains materials published by Lawn Doctor (the “Materials”). We authorize you to copy the Materials only for the internal use of your employees in conducting your franchised Lawn Doctor business. No other use of the Materials is permitted. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make will retain all copyright and other proprietary notices contained thereon.
You may not use the Extranet to transmit unsolicited e-mail messages (whether commercial or otherwise) or deliberately send very large attachments to one recipient. Any unsolicited e‑mail messages sent to 10 or more recipients, or a series of unsolicited e-mail messages or large attachments sent to one recipient, constitutes “spamming” or “mailbombing” and is prohibited. Likewise, you may not use the Extranet to collect responses from mass unsolicited e-mail messages.
You may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than yourself for purposes of deception. Any attempt to impersonate someone else using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify your identity in connection with your use of the Extranet is prohibited.
Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.
You agree to use the Extranet only for lawful purposes. Use of the Extranet for transmission, distribution, retrieval or storage of any information, data or other material in violation of any applicable law, regulation, tariff or treaty is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws or is obscene, defamatory or otherwise unlawful.
Any data or information submitted to or provided by us through the Extranet will be subject to any Privacy Statement that Lawn Doctor has or may develop in the future. Any data or information submitted through the Extranet to any party or person will be transmitted at your own risk. We make no guarantee regarding, and assume no liability for, the security and privacy of any data or information you transmit via the Extranet or over the Internet (including without limitation data or information transmitted via any server designated as “secure”).
If we have specified bandwidth limitations for your user account, we will inform you and you will not use the Extranet in excess of those limitations. Also, if you are accessing the Extranet via a dial-up connection, we may terminate your user session if you are connected for an excessive amount of time in order to protect our network resources and maintain Extranet availability for others.
You may keep your user session connected only when you are actively using the Extranet. We may disconnect your user session if there appears to be no interactive activity within a prescribed amount of time. Activity that is automatically generated by your computer system through automated programs, scripts, re-dialers, or any other software or hardware device will not be considered “interactive.” The use of any automated method to avoid inactivity disconnects or to automatically reinstate an inactive connection is prohibited.
The following activities are also prohibited:
Lawn Doctor does not promise that any software or other material will work on your computer and is not responsible if they do not. Lawn Doctor makes no representation or warranty as to the timeliness or availability of the Extranet or the information contained therein or that the Extranet will be error-free. Lawn Doctor has no obligation to maintain or support the Extranet and may, at its option, discontinue the Extranet at any time.
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAWN DOCTOR DOES NOT WARRANT THAT THE INFORMATION ON OUR SITE WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. LAWN DOCTOR DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
LAWN DOCTOR WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO ANY PARTY (INCLUDING WITHOUT LIMITATION YOU AND/OR YOUR EMPLOYEES), INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THE EXTRANET, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE EXTRANET, EVEN IF LAWN DOCTOR AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Lawn Doctor and Lawn Doctor’s corporate affiliates, as well as their respective direct and indirect owners, officers, directors, agents and employees, from and against any and all claims brought by any other party relating to your use of the Extranet (as well as the associated costs of defense, including without limitation, legal fees).
Notes, messages, ideas, suggestions, concepts or other material submitted to Lawn Doctor (“Submissions”) will be considered non-confidential and non-proprietary. Lawn Doctor will have no obligation regarding Submissions. Lawn Doctor and its designees will be entitled to copy, distribute, incorporate, modify and otherwise use the Submissions for any type of commercial or non-commercial use, including in any media, whether now known or not yet conceived. You agree that Lawn Doctor has the right to publish Submissions for any type of use as outlined above, including promotional and advertising purposes.
Lawn Doctor is not responsible for any Submissions posted on our forums. You will not submit or otherwise publish through these forums any content that:
This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of laws rules. If any provision of these TOU is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TOU, and shall not affect the validity and enforceability of any remaining provisions.
Your use of the Extranet is subject to the conditions of this TOU and the Extranet Agreement, and is also subject to the terms and conditions in your Franchise Agreement.
Copyright © 2006 Lawn Doctor, Inc. All rights reserved