Please enter your zip code for your local independently operated Spring-Green Lawn Care business's Terms of Service
Terms of Service
THESE TERMS OF SERVICE (THESE "TERMS") CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO A LEGALLY BINDING AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
By hiring Spring-Green Lawn Care ("us," "we" or "our") to provide certain lawn and tree care services, which may include pest-control services and other lawn-related services ("Services"), you agree that these Terms govern the Services. You acknowledge that we are an independently owned and operated business. If you have questions regarding these Terms, please send an email to email@example.com, call us at (800) 830-5914 or write to us at Spring-Green Lawn Care, P. O. Box 1529 Plainfield, Illinois 60544 .
We provide the Services subject to these Terms, which we may amend from time to time without notice to you. Amendments will be effective upon our posting of such updated Terms to our website. Your continued use of our Services shall constitute acceptance to any changes to the Terms.
Despite the Services we provide, you understand the health and condition of your lawn is your own responsibility. Many factors can influence the health and condition of your lawn including but not limited to: improper watering techniques, drought, improper mowing height or mowing practices, insect and disease activity or incorrect self-treatment of lawn conditions. These factors as well as others can have a negative impact on the health and condition of the lawn even when treated with the best lawn care products or when beneficial services have been contracted and completed. We are not responsible for, and you release us from any liability arising out of, any of your own acts or omissions with respect to your lawn.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the Services you have ordered.
- Types of Services. When you sign up with us, you will select the type of Services you would like for us to perform. We currently offer three types of Services: (1) Lawn Care, Lawn Specialty, Lawn Insect, Disease & Related Services; (2) Tree, Shrub & Related Services; and (3) Structural Pest Control, Mosquito & Related Services. We describe these types of Services in more detail below.
Lawn Care, Specialty, Lawn Insect, Disease & Related Services
Our Lawn Care, Specialty, Lawn Insect, Disease & Related Services generally include: lawn fertilization and weed control, core aeration, lime treatment, organic based fertilizer, aeration & overseed, grub control, brown patch control, lawn damaging disease control, sub-surface damaging insects, surface feeding insect control, crane fly control, sub-surface feeding insect control, total lawn insect control, flea and tick control, perimeter pest control, and fire ant control, grassy weed control, vegetation control, moss control, irrigation system maintenance, and other regional or locally appropriate services.*
Tree, Shrub & Related Services
Our Tree, Shrub & Related Services include: our 2-Step Tree Program, our Multi-Step Tree Program, ornamental bed weed control, root feeding, and specialty injections.*
Structural Pest Control, Mosquito & Related Services
Our Structural Pest Control, Mosquito & Related Services generally include: total home pest control and mosquito control services.
*Because of regional differences, not all of the foregoing services will be appropriate for your home.
- Service Guarantee. As a Spring-Green Preferred Program customer, we want you to be satisfied with the Services you hire us to provide. We provide trained and knowledgeable field technicians who will treat your yard and home like their own. Although our Services are intended to effectively maintain the health of your lawn, trees, and shrubs, and to reduce or eliminate populations of covered pests in and around your home, certain lawn issues and/or pest populations may persist or return due to environmental, sanitation, or other factors beyond our control. As such, we do not and cannot guarantee total elimination or eradication of all issues related to your lawn, trees, shrubs, and/or pests. In the unlikely event that you are not satisfied with the Services performed by us, we will review your concerns so long as you notify us of your dissatisfaction within thirty (30) days of the date that we provided the dissatisfied Services for you. Upon your timely notice, we will assess your dissatisfaction, and at our discretion, we will re-perform the requested Services to gain your reasonable satisfaction. If you are not satisfied after our second attempt to perform the requested Services, we may, at our discretion, refund partial or all of the cost of the specific Services (the most recent monthly installment for Services that are performed and billed on a monthly plan). Refunds will be provided as a credit to the debit or credit card used at the time of purchase. If you paid by check, a refund check will be issued to you. Upon issuing any refund, we reserve the right to cancel any existing or remaining Services and/or Service Plan that you have purchased, at our sole discretion. A Preferred Program is a suite of applications created by your trained lawn care professional to maintain the health of your lawn. Economy customers are not covered by this service guaranty and there will be no refunds. An Economy customer is a set of applications less than the Preferred Program created by your trained lawn care professional.
Notwithstanding the foregoing, there are a few exceptions to our service guaranty described above. Those exceptions are as follows:
- For Overseeding Services: due to your responsibility to maintain an overseeding application, such as watering techniques and frequency, weather and soil conditions, foot traffic, germination failure, and other circumstances beyond our control, we cannot provide a service guaranty regarding overseeding services. There will be no refunds for such servic
- For Total Home Pest Services: for those customers that signed up for a quarterly program, we will return as frequently as necessary to retreat areas and gain your reasonable satisfaction. One-time customers are not covered by this service guaranty and there will be no refunds.
- For Mosquito Control Services: for those customers that we provide mosquito control services for, you must notify us of your dissatisfaction within seven (7) days (rather than 30 days) after we provided such treatment. Upon such timely notice, we will revisit your home and reassess your yard, and at our discretion, we may retreat your yard at no additional cost. One-time customers are not covered by this service guaranty and there will be no refunds.
- For Irrigation Services: Upon timely notice, we will revisit your yard to review your complaint. If the issue relates to the same work that we completed on our most recent visit, we will complete the repair at no cost. However, if you or a third-party performs any work on the irrigation system, this service guaranty is automatically void without any further action by us. Additionally, this service guaranty will not cover any unrelated issues that may arise after our service call. We do not warrant the health of your plants or lawn or the placement of water. We do not warrant work that was completed prior to our visit for start up or shut down. If any additional work is required after our 30-day guaranty, you will be charged for any additional repair costs. We do not issue refunds for repairs, but we will try to gain your reasonable satisfaction as part of our promise to you.
- Factors Out of Our Control: After we have conducted Services for your lawn or home, there are many factors that may negatively influence the effectiveness of our Services, including your actions or inaction. For example, for lawn health, factors such as, improper watering techniques, drought, improper mowing height or mowing practices, insect and disease activity, and incorrect self-treatment of lawn conditions will likely impact whether our Services are effective. And as a Total Home Pest Control customer, general housekeeping practices, condition of windows and screens, time of calendar year and outdoor conditions and temperatures, upkeep and condition of trees and landscape plants, and incorrect self-treatment of past pest issues can impact the effectiveness of such Services. As a result, our service guaranty will not extend to such factors that are out of our control, and we are not responsible for, and you release us from any liability arising out of, any of your own acts or omissions with respect to your lawn and/or home. You agree to follow all recommendations specified in our inspection report and/or periodic work orders. You will be responsible for making timely repairs necessary to eliminate such negative conditions.
- TEXT MESSAGES: When you sign up for Services, we will ask for your cellular phone number. By providing your cellular phone number, you authorize us to send you informational text messages related to the Services you have chosen (such as notices that your technician will be arriving at your home). You can unsubscribe from these informational text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Though we do not charge you for these informational texts, messaging and data charges may apply to any text message you receive or send. Please contact your cellular carrier if you have questions about messaging or data charges.
- Prices and Payment Terms. Prices posted on this website may be different than prices offered by other Spring-Green locations. All prices, discounts, and promotions posted on this website are subject to change without notice. The price charged for a Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes, if applicable, will be added to your total. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may periodically offer promotions on the website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
When you sign up for Services on the website, you will have four payment options: (1) a one-time prepayment for the Services; (2) an auto-pay feature where you will provide your credit or debit card information to be automatically charged after the Services; (3) a recurring payment plan; or (4) as invoiced on a net basis after the Services. However, depending on the Services you select, not all four payments options may be available to you. We accept Visa, Mastercard, American Express, and Discover. You represent and warrant that (i) the debit or credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such debit or credit card for the purchase, (iii) charges incurred by you will be honored by your debit or credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order.
For all debit and credit card payments, you agree to be bound by any rules your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for keeping your debit or credit card information up to date by updating your account through our online system. If you do not update your debit or credit card information, and we are unable to process a payment for the amounts you owe for any Services, you may be subject to applicable late fees, and we may suspend performance of all Services until you have paid all amounts you owe us. WE WILL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR DEBIT OR CREDIT CARD IS CHARGED.
We will issue you a prorated refund for any unused Services if you cancel the Services during a service term for which you have prepaid.
Additional Terms for Recurring Payments: If you select to pay for the Services using our recurring payment plan, we will select the frequency of your payments. By selecting this plan, you authorize us to initiate recurring charges from your specified debit or credit card in accordance with the plan. We will charge your specified debit or credit card each period based on the Services you have selected for the upcoming period. Once your enrollment is processed, all payments will be automatically charged on a periodic basis to the designated credit or debit card on your statement due date.
Additional Terms for Auto Pay Payments: If you select to pay for the Services using our Auto pay payment plan, you authorize us to initiate the charges from your specified debit or credit card that you have selected. We will charge your specified debit or credit card after each Service. Once your enrollment is processed, all payments will be automatically charged.
- Warranties: EXCEPT FOR THE GUARANTEE DESCRIBED IN SECTION 3, ALL SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES WE HAVE PERFORMED WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF THE FIRST CLAIM RELATED TO THE SERVICES.
The limitation of liability set forth above shall only apply to the extent permitted by law.
- Indemnity. You are responsible for all medical expenses and damages resulting from an injury to any technician while providing Services to you. You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any death, injury, or damage to property. This provision will survive termination or expiration of these Terms and/or our completion of the Services.
- ForceMajeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State in which our principal place of business is located without giving effect to any choice or conflict of law provision or rule (whether of the State in which our principal place of business is located or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State in which our principal place of business is located.
- Dispute Resolution and Binding Arbitration. YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Spring-Green Lawn Care.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and to check the website frequently.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier, or registered or certified mail to Spring-Green Lawn Care, P. O. Box 1529 Plainfield, Illinois 60544 , attn: Legal. We may update the email or address for notices to us by posting a notice on the website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement. These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.