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Terms of Service

Last updated: January 15, 2025

These Terms of Service constitute a legally binding agreement between you and LMN Landscaping governing your access to and use of the website located at https://www.lmngreen.lol and all related services. Please read these terms carefully before using the Service. By accessing or using any part of the Service, you agree to be bound by these terms.

Table of Contents

  1. Definitions
  2. Acceptance of Terms
  3. User Eligibility
  4. Description of Services
  5. Account Responsibilities
  6. User Obligations and Conduct
  7. Intellectual Property Rights
  8. Fees and Payment Terms
  9. Limitation of Liability
  10. Disclaimer of Warranties
  11. Indemnification
  12. Termination of Access
  13. Governing Law and Jurisdiction
  14. Dispute Resolution
  15. Changes to Terms
  16. General Provisions
  17. Contact Information

Definitions

For the purposes of these Terms of Service, the following definitions apply. The term Company, We, Us, or Our refers to LMN Landscaping, with a registered address at 1150 20th Street, Ogden, UT 84401-0746, United States. The term Service refers to the website located at https://www.lmngreen.lol, including all web pages, subdomains, content, features, and functionality made available through the website.

The term User, You, or Your refers to any individual who accesses or uses the Service in any manner, including visitors who browse the website, individuals who submit inquiries through contact forms, and clients who engage our professional systems design and consulting services. The term Content refers to all text, images, graphics, code, data, and other materials displayed on or made available through the Service.

The term Agreement refers to these Terms of Service together with our Privacy Policy and any other policies or agreements incorporated by reference. The term Third Party refers to any natural or legal person who is not the Company or the User. References to writing or written include electronic communications such as email unless otherwise specified.

Acceptance of Terms

By accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any provision of these terms, you must immediately discontinue use of the Service and must not access the Service thereafter. Your continued use of the Service following any modification to these terms constitutes acceptance of the modified terms.

These Terms of Service apply to all users of the Service, without exception. Additional terms and conditions may apply to specific services offered by the Company, and those additional terms are incorporated by reference into this Agreement. In the event of a conflict between these general terms and any service-specific terms, the service-specific terms shall prevail to the extent of the conflict.

The Company reserves the right to refuse service to any person or entity for any reason or for no reason at all, at its sole discretion, provided such refusal does not violate applicable law. The Company also reserves the right to modify or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice, at its sole discretion.

User Eligibility

You represent and warrant that you are at least sixteen years of age and that you possess the legal capacity to enter into a binding contract. If you are accessing the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms. In that case, the terms You and Your refer to both the individual user and the organization.

If you are under the age of sixteen, you are not permitted to use the Service without verifiable parental consent. The Company does not knowingly allow users under the age of sixteen to access the Service without supervision. By using the Service, you affirm that you meet the eligibility requirements set forth in this section.

You further represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a terrorist-supporting country, and that you are not listed on any United States government list of prohibited or restricted parties.

Description of Services

LMN Landscaping provides integrated computer systems design and related professional services. The scope of our services includes but is not limited to systems architecture design, cloud strategy and migration consulting, data systems engineering, security architecture design, DevOps and automation consulting, and general technical advisory services. The specific deliverables, timelines, and obligations for each engagement shall be set forth in a separate written agreement or statement of work.

The Company operates within the Computer Systems Design and Related Services industry, which falls under the broader Professional, Scientific, and Technical Services sector. This sector encompasses a range of specialized professional activities including accounting, advertising, architectural and engineering services, legal services, management and technical consulting, specialized design services, and scientific research and development.

The Service is provided for general informational purposes and as a platform for initiating professional engagements. The Company makes no representation that the Service is appropriate or available for use in all locations. Users who access the Service from jurisdictions outside the United States do so on their own initiative and are responsible for compliance with all applicable local laws.

Account Responsibilities

In the event that the Service requires or allows you to create an account, you agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for safeguarding the confidentiality of your account credentials, and you accept full responsibility for all activities that occur under your account.

You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with these account security obligations. You may not transfer or assign your account to any other person without the prior written consent of the Company.

The Company reserves the right to suspend or terminate your account at any time for any violation of these Terms of Service or for any conduct that the Company determines, in its sole discretion, to be harmful to the Company, other users, or third parties. You may terminate your account at any time by contacting the Company using the information provided in the Contact Information section.

User Obligations and Conduct

Users of the Service agree to comply with all applicable local, state, national, and international laws and regulations when using the Service. Users shall not use the Service for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party use of the Service. Prohibited activities include but are not limited to: attempting to gain unauthorized access to any portion of the Service; using any robot, spider, scraper, or other automated means to access the Service; transmitting viruses, worms, or any code of a destructive nature; and engaging in any activity that imposes an unreasonable or disproportionately large load on the Service infrastructure.

Users shall not upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of the privacy of another, hateful, or racially or ethnically objectionable. Users shall not impersonate any person or entity, falsely state or otherwise misrepresent their affiliation with any person or entity, or forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service.

Users shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service for any commercial purpose without the express written consent of the Company. Users shall not circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content. Violation of these user obligations may result in the immediate termination of access to the Service.

Intellectual Property Rights

All Content included on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The arrangement and compilation of all Content on the Service is the exclusive property of the Company and is protected by copyright laws.

The trademarks, logos, and service marks displayed on the Service are registered and unregistered trademarks of the Company and others. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written permission of the Company or the third party that owns the trademark. Your misuse of trademarks displayed on the Service is strictly prohibited.

The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include any right to: modify or download the Service or its Content except as explicitly permitted; use any data mining, robots, or similar data gathering or extraction methods; or use the Service or its Content for any commercial purpose without express written consent.

Fees and Payment Terms

Certain services offered by the Company may be subject to fees. The specific fees, billing cycles, and payment terms for any paid services shall be set forth in a separate written agreement, proposal, or statement of work agreed upon by both parties before the commencement of any paid engagement. All fees are quoted and payable in United States Dollars unless otherwise agreed in writing.

The Company reserves the right to change its fees and pricing structure at any time with reasonable notice. If you have an existing agreement in place, any fee changes will not apply to services already contracted under that agreement but may apply to renewal periods or new engagements. Late payments may be subject to interest charges at the lesser of one and one-half percent per month or the maximum rate permitted by applicable law.

You are responsible for all taxes, duties, and other governmental charges associated with your use of the Service, excluding taxes based solely on the Company net income. If the Company is required to pay any such taxes, you agree to reimburse the Company for those amounts promptly upon request.

Limitation of Liability

To the fullest extent permitted by applicable law, the Company and its officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use of or inability to use the Service, even if the Company has been advised of the possibility of such damages.

In no event shall the aggregate liability of the Company for any claims arising out of or relating to the Service or these Terms of Service exceed the greater of one hundred United States Dollars or the total amount you have paid to the Company in the twelve months immediately preceding the event giving rise to the claim. This limitation of liability applies regardless of the theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or otherwise.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you. In such jurisdictions, the liability of the Company shall be limited to the maximum extent permitted by law. The limitations in this section shall survive any termination or expiration of these Terms of Service.

Disclaimer of Warranties

The Service is provided on an as-is and as-available basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no warranty that the Service will meet your requirements, will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

The Company does not warrant that the results obtained from the use of the Service will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations. No advice or information, whether oral or written, obtained by you from the Company or through the Service shall create any warranty not expressly stated in these terms.

The Company assumes no responsibility for the accuracy, completeness, or timeliness of any Content on the Service. The Service may contain technical inaccuracies or typographical errors. The Company disclaims any obligation to update the Service or any Content. Changes may be made to the Service and Content at any time without notice.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses, including reasonable legal and accounting fees, arising out of or related to your violation of these Terms of Service, your use of the Service, your violation of any rights of a third party, or your violation of applicable laws or regulations.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company defense of such claims. You shall not settle any matter that requires indemnification without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding.

This indemnification obligation shall survive the termination or expiration of these Terms of Service and your use of the Service. Your duty to indemnify applies regardless of whether the matter involves a formal legal proceeding.

Termination of Access

The Company may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms of Service. Upon termination, your right to use the Service will cease immediately. All provisions of these terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

If you wish to terminate your relationship with the Company, you may simply discontinue using the Service. If applicable, you may also delete your account by contacting the Company using the information provided below. Any outstanding fees or obligations shall remain due and payable notwithstanding termination.

The Company shall not be liable to you or any third party for any termination of your access to the Service. Termination shall not prejudice any other right or remedy that the Company may have under these terms or at law. The Company may retain your data following termination as required by law or for legitimate business purposes as described in the Privacy Policy.

Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms or any transactions conducted through the Service.

You agree that any legal action or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the federal or state courts located in Weber County, Utah, and you hereby consent to the personal jurisdiction and venue of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service must be filed within one year after such claim or cause of action arose.

If you access the Service from a location outside the United States, you do so at your own risk and you are responsible for compliance with all local laws. You agree that the courts of Weber County, Utah shall have exclusive jurisdiction over all disputes related to these Terms of Service.

Dispute Resolution

Before initiating any legal action, you agree to first contact the Company and attempt to resolve the dispute informally. The Company will attempt to resolve disputes in good faith and encourages open communication between the parties. Any dispute that cannot be resolved informally within sixty days shall proceed to binding arbitration in accordance with the rules of the American Arbitration Association.

Arbitration shall be conducted in English by a single arbitrator in Weber County, Utah, or via video conference at the mutual agreement of the parties. The arbitrator shall have the authority to award the same damages and relief as a court of competent jurisdiction, but shall not have the authority to award punitive damages except as permitted by law. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.

Changes to Terms

The Company reserves the right to modify or replace these Terms of Service at any time at its sole discretion. When changes are made, the Company will update the Last Updated date at the top of this document and will make reasonable efforts to provide notice of material changes, such as through a notice on the Service homepage, via email to registered users, or by other reasonable means. What constitutes a material change will be determined at the sole discretion of the Company.

It is your responsibility to review these Terms of Service periodically for changes. Continued use of the Service following posting of any changes constitutes acceptance of those changes. If you disagree with the changes, your sole remedy is to discontinue use of the Service. The Company shall not be liable for any failure to receive notice of changes due to your failure to check for updates.

No modification or amendment to these Terms of Service by you shall be effective unless made in writing and signed by an authorized representative of the Company. The most current version of these terms will always be available on this page.

General Provisions

These Terms of Service, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof. No waiver of any term of these terms shall be deemed a further or continuing waiver of such term or any other term.

If any provision of these terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable. The remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

You may not assign or transfer any of your rights or obligations under these Terms of Service without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these terms at any time without restriction. These terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Any failure by the Company to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver of any obligation or right shall be effective unless in writing and signed by the Company. The section headings in these terms are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact the Company regarding any matter addressed in these terms, please use the information provided below. We welcome inquiries and feedback and will make every effort to address your communications promptly.

LMN Landscaping

1150 20th Street
Ogden, UT 84401-0746
United States

Email: talk@lmngreen.lol

Phone: +1 (814) 377-1904

Website: https://www.lmngreen.lol

For legal notices, service of process, or other formal communications, please use the physical mailing address provided above. Emails sent to talk@lmngreen.lol will be directed to the appropriate department. The Company aims to respond to all inquiries within two business days.

If you believe there has been a violation of these Terms of Service, please report the issue immediately using the contact channels listed above. The Company takes all reports seriously and will investigate each report promptly. Please provide as much detail as possible when reporting a violation, including any relevant evidence or documentation.

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