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Welcome to Houseandlawn.com!

This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.Houseandlawn.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated on 9/5/2007.


INTRODUCTION TO HouseandLawn.

Upon your registration, you will need to remember your password. If you incorrectly type in an incorrect password more than 5 times. Houseandlawn.com will assign you a temporary password to access the Web site sent to the email address you login with.


HouseandLawn SERVICES.

At Houseandlawn.com we are committed to making your total experience a positive one. Upon entering your information and the request for which you would like a service professional, we will provide you with a list of service professionals in your area, if any, who may be interested in fulfilling your service need.

However, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that either capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. Houseandlawn.com does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of Houseandlawn.com. Nor is Houseandlawn.com an agent of the service professionals. Houseandlawn.com does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly, AND YOU HEREB! Y AGREE TO RELEASE Houseandlawn.com (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE HOUSEANDLAWN.COM MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.


INFORMATION YOU PROVIDE TO US.

Upon using the Houseandlawn.com services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information on our Web site. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a service request, you are entering into a business relationship with Houseandlawn.com and its partners and thus agree to be contacted by Houseandlawn.com and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Houseandlawn.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Houseandlawn.com has the right to refuse any current or future use of the Houseandlawn.com services (or any portion thereof) by you. You are responsible for any us! e of the Houseandlawn.com services by persons to whom you intentionally or negligently allow access to your password.


YOUR USE OF HouseandLawn.com

You acknowledge and agree that your use of the Houseandlawn services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the Houseandlawn Web site, including but not limited to Service Professional profiles, screening information, and Ratings & Reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of Houseandlawn, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Houseandlawn for any such damages, and will indemnify Houseandlawn in the event of any third party claims against Houseandlawn based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Houseandlawn Web site and services at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Houseandlawn in its sole discretion that you are misusing or attempting to misuse or circumvent the Houseandlawn services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, Houseandlawn reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitab! le remed ies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO HOUSEANDLAWN AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOUSEANDLAWN AND EACH HOUSEANDLAWN SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $5,,000 TO EACH OF HOUSEANDLAWN AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.


NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE.

HOUSEANDLAWN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HOUSEANDLAWN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HOUSEANDLAWN WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOUSEANDLAWN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.


LINKS TO THIRD PARTY SITES.

The links in the houseandlawn Web site will let you leave Houseandlawn’s Web site. The linked sites are not under the control of Houseandlawn and Houseandlawn is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Houseandlawn is not responsible for webcasting or any other form of transmission received from any linked site. Houseandlawn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Houseandlawn of the site.

SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS.

Houseandlawn.com may use but not limited to the following criteria as part of its registration enrollment process ("registration") for new service professionals applying for membership in our network:

State Business Filings* - For business types that require a Secretary of State filing, we confirm that the service professional is in good standing in the state in which it is located. This check applies to service professionals that are corporations and Limited Liability Companies (LLC’s).

Identity Verification - We conduct a business phone lookup to confirm that the phone number provided matches the phone listing for the business.

Search for Business Aliases* - Houseandlawn may search state Doing Business As (DBA) records in the state in which the service professional is located to identify any aliases under which the service professional is doing business. The presence of records for this search does not necessarily mean anything negative. It is not uncommon for a business owner to operate using a d/b/a or to have multiple businesses filed with d/b/a’s. As part of your diligence, we encourage you to have a complete picture of the business you choose to work with.

Verify Customer References - When available, Houseandlawn requests and contacts previous customer references provided by the business to solicit performance feedback from consumers with whom the service professional has worked.

NOTE: Member service professional information confirmed at the time of enrollment as described above may change or expire over time; while Houseandlawn attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time the member applies for membership in the Houseandlawn network, and! therefo re, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a service professional you verify that information presented in the service professional's profile is still current and/or acceptable to you.


Service Professionals Profiles / Ratings and Reviews: Houseandlawn allows Service Professionals to post profiles about themselves and their business on the Houseandlawn.com Web site. Houseandlawn does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. All Ratings & Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Houseandlawn. Houseandlawn disclaims any and all representations or warranties with regard to the Ratings & Reviews.

The above procedures may change from time to time at the sole discretion of Houseandlawn. Houseandlawn believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, Houseandlawn advises consumers to check these matters for themselves especially at future dates. Houseandlawn does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Houseandlawn checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: HOUSEANDLAWN EXPRESSLY ! DISCLAIM S ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.


INDEMNIFICATION.

YOU AGREE TO INDEMNIFY HOUSEANDLAWN, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE HOUSEANDLAWN SERVICES OR IN CONNECTION WITH THE HOUSEANDLAWN WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.


GENERAL PROVISIONS.

You acknowledge and agree that the Houseandlawn.com services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Houseandlawn’s sole obligation to you or any third party for any claim arising out of your use of the Houseandlawn.com services or the Houseandlawn Web site, is that you are free to discontinue your use of the Houseandlawn services or the Houseandlawn.com Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Houseandlawn EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT HOUSEANDLAWN SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HOUSEANDLAWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Houseandlawn’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Houseandlawn to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Y! ou agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Houseandlawn services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely in the State of Texas and between Texas residents. You agree to submit to jurisdiction in Texas and that any claim arising under these Terms and Conditions will be brought solely in a court in Houston,Texas.




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