Terms and Conditions of Use
These Terms of Use govern the use of the services offered by LawnMowingOnline.com LLC (the "Company") at the Company Web Service. Such services and web site together are hereinafter referred to as the "Service" or “Project”. Please read these Terms of Use and the Company Privacy Policy carefully (the "Privacy Policy") before using the Service. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use and the Privacy Policy and your representation that you are 18 years of age or older. If you object to anything in these Terms of Use or the Privacy Policy, you are not permitted to use the Service. The Privacy Policy is incorporated by reference into these Terms of Use and these Terms of Use and the Privacy together are hereinafter referred to as this "Agreement."
By signing up with this web site, you are agreeing to be bound by these Terms and Conditions of Use and any and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this website and service. The materials contained in this web site are protected by copyright and trade mark laws.
THESE TERMS OF USE INCLUDE (1) YOUR AGREEMENT THAT THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, (2) YOUR AGREEMENT THAT LAWNMOWINGONLINE.COM HAS NO LIABILITY REGARDING THE SERVICE, (3) YOUR CONSENT TO RELEASE LAWNMOWINGONLINE.COM FROM LIABILITY BASED ON CLAIMS BETWEEN USERS AND GENERALLY, (4) YOUR AGREEMENT TO INDEMNIFY LAWNMOWINGONLINE.COM FROM CLAIMS DUE TO YOUR USE OR INABILITY TO USE THE SERVICE, (5) YOUR CONSENT THAT EITHER PARTY HAS THE RIGHT TO COMPEL ARBITRATION, AND (6) YOUR CONSENT THAT NO CLAIMS CAN BE ADJUDICATED ON A CLASS BASIS.
1. ELIGIBILITY
LawnMowingOnline.com offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in this service. The website is available only to individuals or corporate entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this website is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of this website's services, including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us.
2. SERVICES OFFERED BY US
LawnMowingOnline.com offers a wide range of tools, content, products, services, benefits, and other resources to efficiently and cost effectively manage their careers and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these Terms and Conditions of Use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content of this website (in whole or in part), access to this service, or use of this service.
Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and LawnMowingOnline.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
3. USERS OF OUR SERVICE (PROVIDERS AND EMPLOYERS)
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason. LawnMowingOnline.com provides a venue to introduce Users who wish to provide professional services ("Users", "Providers" or “Service Providers”) and Users who seek such professional services ("Employers" or “Users”). The Site enables Users to find Providers and work together to complete, invoice and pay for projects.
4. RELATIONSHIP BETWEEN USERS OF THIS WEBSITE AND SERVICE
The only parties to a project are the Provider and the Employer. Upon the Employer awarding a project to a Provider and the Provider's acceptance of a project on the Site, the Employer agrees to purchase, and the Provider agrees to deliver the Provider Services in accordance with the Terms and Conditions of Use posted on this website, as amended from time to time. You agree not to enter into any contractual provisions in conflict with this agreement.
Any provision of a member contract in conflict with the User Agreement is void.
5. USER RESPONSIBILITIES
When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement. You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as an Employer or Provider, or in any other uses you make of the Site. If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, LawnMowingOnline.com has no responsibility for enforcing any User rights.
6. INDEPENDANT CONTRACTORS
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between Company and any User.
7. INSURANCE
LawnMowingOnline.com LLC does not offer any form of insurance or other protection which will assist you, because our website merely provides the online venue for Providers and Users to offer, sell, and buy services, and we are not otherwise involved in the transactions and interactions between users of the service. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited protection or chargeback services and you should familiarize yourself with these before proceeding with a transaction of any kind through our website.
Because user identification on the Internet is difficult, LawnMowingOnline.com cannot and does not confirm each User's purported identity.
8. LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
9. INDEMNITY
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
10. FEES
LawnMowingOnline.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by LawnMowingOnline.com that are accessible through the Site and to cover expenses and fees LawnMowingOnline.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, LawnMowingOnline.com transfers the remaining payment amount to the Provider.
All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
11 PROHIBITION OF NEGOTIATING FEES OUTSIDE THIS WEBSITE
You are strictly prohibited from attempting to negotiate the fee for a project with another user or provider directly (outside of LawnMowingOnline.com) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying LawnMowingOnline.com if the payment amount increases (above the bid amount) after the project is closed. You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at LawnMowingOnline.com, and such activities interfere with providing such a marketplace. LawnMowingOnline.com charges project commissions on all funds received by either direct transfer or payment through the site, regardless of the final bid amount. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
12. POSTING EMAIL OR OTHER CONTACT INFORMATION
Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by LawnMowingOnline.com. You may use the project message board and inbox private messaging on site to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including but not limited to, phone, ICQ, AIM, MSN Messenger, GTalk, Skype and Yahoo. You are prohibited from making direct contact with another User, unless it's for a project you (a Provider) have been picked for, or you (an Employer) have picked a Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. LawnMowingOnline.com provides you with message boards, which should be sufficient for pre-project planning.
13. DISPUTES AND DISPUTE RESOLUTION
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company's address for such notices is www.LawnMowingOnline.com LLC, 204 W Pitman St, O’Fallon, MO 63366 Attention: Legal.
BINDING ARBITRATION. If you and Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Saint Charles County, Missouri with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Company agree that any arbitration will be limited to the Dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in Saint Charles Count, Missouri. You and Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Missouri state courts located in Saint Charles, Missouri have exclusive jurisdiction and you and Company agree to submit to the personal jurisdiction of such courts. LawnMowingOnline.com will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by a court of law.
14. COPYRIGHTS AND COPYRIGHT INFRINGEMENT
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of LawnMowingOnline.com and are protected by Australian and international copyright laws. It is our policy to respond to clear notices of alleged copyright infringement. Any violators may be prosecuted to the full extent of the law.
15. GENERAL PROVISIONS
Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Company, its successors and assigns.
16. WEBSITE TERMS OF USE AMMENDMENTS
LawnMowingOnline.com reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. Company may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
17. DISCLAIMER OF WARRANTIES
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY PROJECT OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A USER MAY USE TO EXPEDITE PROVIDER SELECTION, EACH USER IS RESPONSIBLE FOR SELECTING THEIR PROVIDER AND NEGOTIATING TERMS OF WORK AND COMPANY DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A USER AND DOES NOT RECOMMEND ANY PARTICULAR PROVIDER. COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
18. WORKER CLASSIFICATION AND WITHHOLDINGS
You assume all liability for proper classification of workers as independent contractors or employees based on applicable legal guidelines.
You do not have authority to enter into written or oral -- whether implied or express -- contracts on behalf of Company. You acknowledge that Company does not, in any way, supervise, direct, or control a Service Provider’s work or projects performed in any manner. Company does not set a Service Provider’s work hours or location of work. Company will not provide a Service Provider with training or any equipment, labor or materials needed for a particular Project.
The Service is not an employment service and Company does not serve as an employer of any User. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of Users' services.
You agree to indemnify, hold harmless and defend Company from any and all claims that a Service Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Service Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Company was an employer or joint employer of a Service Provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
19. ACCOUNT, PASSWORD, SECURITY AND CELL PHONE USE
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Company immediately.
By providing your cell phone number and using the Service, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Service. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply.
20. SPECIAL PROMOTIONS
Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at anytime by Company without advance notification.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND THE PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
