ALP Term & Conditions

Applicability

The following terms and conditions apply to all ALP Web Sites that are owned, operated, and maintained by or for ANDERSON LAWN PRO'S, INC. and its United States subsidiaries and affiliates (“COMPANY”) including (1) AndersonDavisLandscaping.com and other COMPANY websites on which these terms and conditions are linked; (2) COMPANY mobile applications; and (3) the social media accounts and/or pages that we control.  COMPANY websites, applications and social media accounts are collectively referred to in these terms and conditions as the “Site”.
 

These terms and conditions do not apply to: (1) a limited number of COMPANY websites that are governed by separate terms and conditions or (2) your interaction with or use of the website of any COMPANY franchisee.  

General Provisions

THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY, ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms.  You are not permitted to use this Site if you do not agree to be legally bound by these Terms.  Please read these Terms carefully.  

We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to automobile colors, specifications, accessories, models, materials or other product or service features. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

 

Jurisdiction and Governing Law  

COMPANY makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to the laws of the State of Tennessee, without regard to conflicts of laws principles.  If you use this Site from other locations you are responsible for compliance with any and all applicable local laws.

Disclaimer of Warranties

This Site, and all information and materials contained herein, is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  Although the specifications, features, illustrations, equipment, warranties, service manuals, recalls, safety tips, and other information contained in the Site are based upon up-to-date information, and while COMPANY and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed.  We disclaim, to the FULLEST EXTENT PERMITTED BY LAW, all warranties, whether express or implied, including without limitation, any implied warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability with respect to this Site.  We expressly disclaim, to the fullest extent permitted by law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site.  To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

General Product, Services, and Financing Information

This Site provides information, including but not limited to specific product pricing, product specifications, calculators and basic company information for informational purposes only and nothing contained herein constitutes financial advice or an offer to sell, finance, or lease a specific product or service to you unless otherwise expressly acknowledged and apparent from the particular content.

As a result, this Site shall not be used or relied upon by you as a substitute for information that is available to you from a COMPANY agent or from an authorized franchisee.

COMPANY’s Intellectual Property

COMPANY will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of COMPANY or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by COMPANY. Except as expressly authorized by COMPANY, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the System, information, or services. Without waiving any of the foregoing rights, you may print or download information or products from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from COMPANY is prohibited.
 

General Submissions  

You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that COMPANY or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, COMPANY and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.  By entering this Site you acknowledge and agree that any communication or material you transmit to this site or COMPANY in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, photos, or other materials you transmit to COMPANY may be used by COMPANY anywhere, anytime, and for any reason whatsoever.

Photo Submissions.  Some areas on this Site allow you to submit personal photos.  The general purpose of such submissions is to provide a visual and textual representation of your COMPANY product or to provide COMPANY with images of your lawn for COMPANY to review. We suggest you attach a high-quality photo of your product or lawn and provide an accurate, textual description that is both clear and relevant.

You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal.   The following is a list of general photo restrictions:

    Photos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
    Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
    Photos cannot be obscene, offensive, or endorse any form of hate or hate group;
    Photos cannot defame, misrepresent or contain disparaging remarks about COMPANY or its products or industry, or other people, products or companies;
    Photos cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than COMPANY, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
    Photos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
    Photos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
    Photos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which COMPANY wishes to associate; and
    Photos cannot depict a violation, and cannot themselves, be in violation of any law.

By submitting a photo, you acknowledge that your photo may be posted on this Site, at our discretion.  We reserve the right to, and may or may not, monitor/screen photos prior to posting them to the Site. By submitting a photo, you acknowledge that we have no obligation to use or post any photo you submit and we may delete or destroy your photo at any time at our discretion.

By submitting a photo you warrant and represent that: (a) it is your original work and accurately reflects your experience with our product or the condition of your lawn and that depictions are known to be true and are based upon your use of our product ; (b) it has not been previously published; (c) it has not received previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name, likeness or voice is used in the photo (if any); (f) publication of the photo via various media, including Web posting, will not infringe on any third party rights; (g) you have the unrestricted right to submit the photo; and (h) you will indemnify and hold harmless both COMPANY and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.

By submitting a Photo, you agree that your submission is gratuitous,  made without restriction, will not place COMPANY under any obligation, and that we are free to disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.

You understand that submitting a photo grants COMPANY and its agents an unlimited worldwide perpetual license and right to publish and use the photo in any way, in any and all media, without limitation, and without consideration to you.  You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by COMPANY’s employees, or obtained from sources other than you.

    Digital Millennium Copyright Act Notice

If you believe that any material on this Site, including COMPANY and user provided material, infringes your copyright rights, please contact COMPANY directly at:

Anderson Lawn Pro's
Attn: DMCA
PO Box 65
Streamwood, IL 60107
Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.
Phone number: 630-816-0391

In your notice, please include:

    Your physical or electronic signature;
    Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
    Identification of the material that you claim to be infringing, and where the material is located on the Site;
    Your address, telephone number, and email address;
    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
    A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

    Limitation of Liability

BY USING THIS SITE YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, IMPLEMENTATION OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

    Class Action Waiver

Any Claim must be brought in the parties’ individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including but not limited to, any action based on the Telephone Consumer Protection Act or Fair Debt Collection Practices Act. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.  THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.

    Careers

This Site may offers job opening information across many COMPANY entities and may provide mediums for you to apply and submit your resume.  You understand that nothing contained herein constitutes an offer of employment by any COMPANY entity.

    Privacy & Security

Our Privacy Policy is incorporated into these Terms.  You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring.  To access portions of this Site, you are required to obtain a user name and/or password.  In such cases, you are responsible for maintaining the confidentiality of any such user name or password and are fully responsible for all activities that occur under such name and password.  You understand that you can help protect your user name, password and personal information by logging out of password protected web pages before you close your browser.  You agree to notify us immediately of any unauthorized use of your user name or password.  COMPANY maintains exclusive control of access and right of access to this Site.  You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever.

    Links

This Site may contain links to or be accessed through links that are owned and operated by independent third parties.  We provide links as a convenience and the inclusion of the link does not imply that COMPANY endorses or accepts any responsibility for the content on those sites.  COMPANY is not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsement, or the availability, operation or performance of franchisees or any other sites, to which this Site may be linked to or from which this Site may be accessed.  Further, COMPANY is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein.  Your linking to any other off-site pages or other sites is at your own risk.  We recommend that you review any terms of use statement and privacy policy before using any other linked site.

Anderson Lawn Pro's, Inc.
P.O. Box 65
Streamwood, IL 60107

LAST UPDATED:  3/3/2021

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