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TopTurf Lawn Care Terms & Conditions

Terms and Conditions of Service

  1. Applicability of these Terms & Conditions to All Services

The following terms and conditions apply to all services provided by Top Turf, Inc. (referred to below as the “Company”).

  1. Payment Terms & Late Fees & Attorneys’ Fees 

By entering into a contract with the Company under which the Company will provide Services to you (as defined below), you agree that you will promptly pay to the Company all amounts due for Services as stated on any Company invoice.  Also, by enrolling in autopay you allow the company to process your credit card when a balance has transpired on your account. If such payments are not received within the dates stated on the invoice, the amounts due will bear interest at 1.5% per month.  If the Company is required to file suit to collect the amounts due, you agree that the Company may file such lawsuit in the “small claims” court of the county in which the Company’s offices are located and that you will be responsible for the payment of all attorneys’ fees incurred by the Company in any such lawsuit. 

  1. General Terms

THESE TERMS AND CONDITIONS (“TERMS”) TOGETHER WITH ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THE COMPANY’S WEB SITE (“SITE”) CONTAIN THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE AND OUR PROVISION OF LAWN CARE SERVICES (“Services”) TO YOU.

By entering this Site and/or agreeing to have the Company provide Services to you, 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.

The Company’s Services require continuous yearly applications for those Services to provide the best results.  By requesting Services from the Company, you agree that the Company will continually treat your lawn according to the treatment plans used by the Company.  While you agree to pay for all Services provided by the Company, you may discontinue future Services at any time by providing written notice to the Company to discontinue Services to your property.  In addition, the Company reserves the right to discontinue Services to your property for any reason or no reason and also to discontinue Services to any company or individual if such company or individual is, in the Company’s sole discretion,  disrespectful to our employees or service technicians. and Governing Law.

We may, in our sole discretion, modify these Terms from time to time with or without notice to you. By entering this Site you acknowledge and agree that you will be bound by any such revisions. We suggest periodically visiting this page of the Site to review any change to the Terms.

  1. Jurisdiction and Governing Law

By entering this Site and allowing the Company to provide Services to you, you acknowledge and agree that any and all disputes between you and the Company will be governed according to the laws of the State where the Company provides its services, without regard to conflicts of laws principles and any disputes between you and the Company related to any Services will be litigated in the small claims courts of the county in which the Company maintains its principal office in any such state.

  1. Disclaimer of Warranties

This Site, and all information and materials contained in it, 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. The Company and all parties involved in creating, producing, or delivering this Site use 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.

You also acknowledge and agree that the Company does not guarantee its Services will resolve any or all problems with your lawn.   The Company’s Services are one part of a maintenance plan for lawns that also includes proper watering, adequate sunlight and that lawns also may be negatively impacted by soil conditions or drainage.  Your technician will make recommendations on-site conditions that will improve your lawn and you should follow those recommendations or contact us if you have questions on those recommendations.

  1. Site Content & Functionality

The Company reserves the right to change, modify, or discontinue any components or functions of the Site or discontinue the Site in its entirety, in the Company’s sole discretion, and without notice. Any special offers, promotions, discounts, or other offerings on the Site may be discontinued at any time without notice.  The Company may provide general price information on the Site.  However, you understand that the Company’s Services are tailored to each customer and, therefore, the price you see on the Site may not be your final price. Your final price will be communicated to you when you agree to purchase the Company’s Services.

You may be able to pay invoices, modify/update payment information, or otherwise submit payment information to the Company via the Site. You agree that we may supply your payment information to our third-party payment processor to complete your payment.

  1. Consent to Further Contact & Use of Photos

By doing business with the Company, you agree that the Company may contact you via email, telephone, mail, or otherwise to discuss your account or to offer you additional Services.   You also agree that the Company may take photographs of the areas of your property treated by the Company and may use those photographs for any and all purposes in its sole discretion.

  1. 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, TELECOMMUNICATIONS SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. IF APPLICABLE LAW DOES NOT PERMIT LIMITATION OF CERTAIN TYPES OF LIABILITY, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS OR YOUR RELATIONSHIP WITH THE COMPANY WILL BE THE GREATER OF (1) THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRIOR TO THE FACTS GIVING RISE TO THE CLAIM OR (2) FIFTY DOLLARS ($50.00).

  1. Class Action Waiver

Any Claim must be brought in the party’s individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiffs, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any form whatsoever, including, but not limited to, any action based on the Telephone Consumer Protection Act, and any other state and federal laws related to the privacy of personal information or data security, the Fair Debt Collection Practices Act, or other state and federal laws related to the collection of debts. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE AS A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.

  1. Indemnity

You agree to defend, indemnify, and hold the Company, our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms or use of the Company’s Site. You also agree to indemnify the Company for damages to the person or property of third persons unless such is caused solely by the gross negligence of the Company.

  1. Waiver & Severability

No waiver by the Company of any of the provisions of these Terms will be deemed a further or continuing waiver of such provision, and any failure of by the Company to assert a right or provision of these Terms will not constitute a waiver of such provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be severed or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

  1. Assignment

The Company may assign its rights and/or obligations under these Terms to any person or entity at any time, with or without notice to you or your consent. You may not assign your rights and/or obligations under these Terms to any person or entity without our written consent.

  1. Entire Agreement

These Terms constitute the entire agreement between you and the Company relating to the subject matter of these Terms and supersede all prior understandings, including, any prior communications whether electronic, written, or oral.

  1. Contact & Notice Address 

You must send all written notices to us under these Terms, excepting to the following address:

Top Turf, Inc.

866 Grayson Highway
Lawrenceville, GA 30046

EFFECTIVE: 7/1/2020

Privacy Policy

What Information we collect and how

  1. We collect information that users provide when they register for the Company’s services. This includes your name, address, telephone number, and email address.
  2. The Company does collect information using “cookies” but only uses this information to provide other services that this company may think could interest you. Cookies are usually small text files that identify you to our server.  Due to the small amount of information a cookie contains, it usually cannot be used to reveal your identity or personally-identifying information.

How we use the Information we collect

We do not sell your information to any third party.  We only will use your information to offer other products or services of our company that we think may interest you.                

How we store and protect the Information we collect

We follow industry standards on information security management. However, realize that the Company cannot guarantee the absolute security of anyone’s personal information since no method of transmission over the Internet is 100% secure.

Company Contact Information

Should you have any concerns about the Privacy Policy, contact our CEO through the following channels:

Customerservice@topturf.net

Opt-Out Policy

You can opt-out of receiving marketing emails, direct mail or service-related announcements at any time

You must send all written notices to us under these Terms, excepting to the following address:

Top Turf, Inc.

866 Grayson Highway
Lawrenceville, GA 30046

EFFECTIVE: 7/1/2020

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