These Terms & Conditions apply to any work performed or materials supplied by LawnValue, LLC (“Company”), any internal or contracted companies through the LawnValue platform (“Provider”) and use of our technology platform via website or mobile applications provided to you. This agreement set forth the legally binding terms and conditions for use of our LawnValue platform including our website at www.LawnValue.com, our mobile applications, and our services provided (“Services”).
If you have any questions, please contact us at firstname.lastname@example.org.
- Service Descriptions and Conditions:
Mowing – Each mowing service will include mowing of all accessible grass areas, edging along beds and walkways, and blowing of grass clippings from walkways. A $10 additional service fee will be added if any entrance to a grassy area is less than 48 inches in width. We are not responsible if our crews show up and your gates are locked or inaccessible for any reason. After mowing is complete, it is the customer’s sole responsibility to ensure that their yard is cared for properly via water, nutrients, fertilizer, etc. to keep the yard looking its best. The company and/or landscape provider is not responsible if grass dies or becomes discolored after mowing. If the customer misrepresents the size of their yard when signing up, an additional service fee or price adjustment may be added by the company. The company may base this decision off of county records, which will be shared to the customer if requested, to justify the service fee or price adjustment.
1A. Long Grass Policy - If a customer’s grass is predominately taller than 6 inches in length, LawnValue retains the right to add an additional service fee of $10 per 1/8th acre of lot size. The customer will be notified first before this charge is added, and will be encouraged to sign up for more a more frequent mowing schedule if it continues to occur. This is due to the increased time it takes to mow and weed eat a lawn that has grass longer than 6 inches, and increased wear and tear on the service provider’s equipment.
Mulching – Each mulching service will include delivery and spread of mulch, weeding of mulch beds, and trimming of shrubs and bushes in mulch beds. The quoted service price will be for front yard mulching only. If you would like any mulching service on your side or back yard, please contact LawnValue through the “Contact Us”, “Quote”, or “Support” sections of our website or app to request a quote for this additional mulching. Any larger trees that require additional equipment (ladder, extension pole, etc.) may require an additional service fee to trim at the discretion of the landscaping provider. Mulch options will include red, brown, or black mulch. Brand/type of mulch provided will be chosen by the landscape provider. If your mulch bed requires any additional product (rocks/stone, wood chips, pine straw, etc.), it is the customer’s responsibility to notify LawnValue through the “Contact Us” section of our website, or the “Support” section of our App. If additional product besides the 3 mulch colors is needed to complete the service, an additional service fee may be added at the discretion of the landscaping provider, and will be communicated and accepted by the customer before the additional product will be purchased and installed.
Aeration and Overseeding – Each service will include aeration and overseeding of all accessible grass areas. We are not responsible if our crews show up and your gates are locked or inaccessible for any reason. The landscaping provider will match the type of seed that is laid down to the type of grass that is most predominant in the customer’s yard. If a different seed needs to be spread at the customers lawn, this will be communicated and accepted by the customer before the seed will be spread. The type/brand of seed used and the amount that is spread across the customer’s yard is at the discretion of the landscape provider. It is the landscape provider’s responsibility to spread the seed across all accessible areas of the customer’s yard. After the seed is spread, it is the customer’s sole responsibility to ensure that the seed is cared for properly via water, nutrients, fertilizer, etc. to give the seed the best chance to grow. The company and/or landscape provider is not responsible if the seed does not grow at the customer’s yard. Steep hills may not be able to be aerated due to machine capability. The company / landscaping provider will only seed steep hills at their discretion. The company will provide advice and assistance to the customer if requested by the customer through the “Contact Us”, “Quote”, or “Support” sections of our website or app. If the customer misrepresents the size of their yard when signing up, an additional service fee or price adjustment may be added by the company. The company may base this decision off of county records, which will be shared to the customer if requested, to justify the service fee or price adjustment. The company recommends customers, with lawn irrigation, to mark all applicable locations to prevent damage during the aeration process. The company is not responsible for damage to the customer’s irrigation system.
Fertilization – Each service will include fertilization of all accessible grass areas. We are not responsible if our crews show up and your gates are locked or inaccessible for any reason. The type/brand of fertilizer used and the amount that is spread across the customer’s yard is at the discretion of the landscape provider. After the fertilizer is spread, it is the customer’s sole responsibility to ensure that the grass is cared for properly via water, nutrients, etc., to give the grass the best chance to grow/survive. If the customer misrepresents the size of their yard when signing up, an additional service fee or price adjustment may be added by the company. The company may base this decision off of county records, which will be shared to the customer if requested, to justify the service fee or price adjustment.
Shrub/Tree Trimming – This service will include the trimming of all bushes, shrubs, or small trees that are in mulched areas. If the customer requests any additional plants to be trimmed outside of mulched areas, it needs to be requested to the company via the “Contact Us”, “Quote”, or “Support” sections of our website or app. The quoted price may be adjusted by the company at any time for unforeseen issues that may arise. Any service fee or price adjustment will be communicated and accepted by the customer before the service is completed. The shape and size that the plants are trimmed to is at the discretion of the landscape provider. It is the customer’s sole responsibility to ensure that the plants are cared for properly via water, nutrients, fertilizer, etc., to give the plants the best chance to grow/survive after the service is completed. If the customer misrepresents the scope of the job when signing up, an additional service fee or price adjustment may be added by the company.
Leaf Removal and Yard Clean-up – This service will include the pickup of any reasonable amount of natural debris that has fallen from trees or other plants in the customers yard. This service includes the gathering/pickup of such debris, and will be bagged or piled in the customers yard. Leaves may be mulched up with equipment and dispersed throughout the customers yard or raked up and bagged at the landscapers discretion. Any amount of clean-up that:
Exceeds the ability to be loaded into one standard truck bed
Has more than 5 single pieces that weigh more that 35lbs
Needs to be loaded up and disposed of, away from the customer’s yard
may result in an additional service fee or price adjustment and may be added at the discretion of the landscaping provider which will be communicated and accepted by the customer before the service will be completed. If the customer misrepresents the size of their yard when signing up, an additional service fee or price adjustment may be added by the company. The company will base this decision off of county records, which will be shared to the customer if requested, to justify the service fee or price adjustment.
Accent Lighting and Installation – This service will include the purchase and installation of any accent lighting that is requested by the customer and accepted by the company through the quote. The company and or provider is responsible for running the necessary wire from the power source to the transformer to the lighting and reasonably securing the lighting to the home structure or landscaping. The quoted price may be adjusted by the company at any time for unforeseen issues that may arise. The customer must have an accessible power source that is appropriate to support the amount of lighting requested. It is the customers responsibility after installation to care for the products so that weather, wildlife, or plant life does not affect the installed product. The company provides no warranty to the installation or product unless written warranty is agreed upon by the company and customer before installation. If the product installed comes with a manufacturer’s warranty, and an issue arises with the product itself, it is the customer’s responsibility to work with the manufacturer to replace. If the customer misrepresents the scope of the job when signing up, an additional service fee or price adjustment may be added by the company. If a third-party contractor is utilized for the installation of the accent lighting, that third party is responsible for the quality and accuracy of the install. In addition, the third party will be responsible for overall job completion, covered by applicable insurance.
Sprinkler blow-out / Winterization – This service includes the irrigation system winterization and control system shut down. The company will blow-out all irrigation lines that are connected to the sprinkler system. Completing “winterization” is to remove any water that might remain in the irrigation lines after the irrigation system completely shut down and the main water supply valve is manually closed. This will help prevent the freezing of and potential damage of underground irrigation lines in the cold months. LawnValue is not responsible for damages of any irrigation lines, sprinkler heads, control systems, or any other damaged irrigation system parts that might occur during or after the Sprinkler blow-out / Winterization service offered. If the customer misrepresents the scope of the work when signing up, an additional service fee or price adjustment may be added by the company.
Lawn Maintenance Subscription – This service is a bundled / packaged option of several service offerings where the recipient has agreed to the services outlined in provided document and/or email, and have agreed to the billing of payment method on file during the first of each calendar month of the year (12 months). Agreement renews automatically every year. Cancellation of this service requires a 30 day notice upon initial commencement and may result in pro-rated or additional charges upon cancellation.
Driveway Pressure Washing and Sealing – This service includes the pressure washing and sealing of the customers driveway and front yard cement/aggregate walkways. The company or landscape provider will not include any service to city owned neighborhood sidewalks that are connected to other properties. The type/brand of sealer used and the amount that is spread across the customer’s driveway/walkway is at the discretion of the landscape provider. It is the customer’s sole responsibility to ensure that the driveway/walkways are cared for properly post service, and no warranty is provided that guarantees the care of the service area against cracks or damage. No vehicle traffic should take place on any serviced areas for 24 hours after completion of the service. If the customer misrepresents the scope of the job when signing up, an additional service fee or price adjustment may be added by the company.
Firewood Delivery – This service will include the delivery of firewood to the customer’s home. The company will confirm the type of wood and amount that the customer requests, provide a quote, and once accepted, deliver the wood and drop off in the driveway of the customer. The type of wood delivered is at the company’s discretion unless agreed upon by both parties and paid for prior to delivery. If the customer misrepresents the scope of the job when signing up, an additional service fee or price adjustment may be added by the company.
Company cannot guarantee the true identity, age, and nationality of a user. Company encourages users to communicate directly through the tools available on the Services. You may also wish to consider independent user verification or using a third-party service that provides additional user verification.
Your use of the Services is at your own risk.
Lawncare Provider and Recipient Eligibility Requirements: Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
In addition, some services offered by Company may be subject to additional terms and conditions issued by Company or a third party; your use of those services is subject to the additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You agree to immediately notify Company of any unauthorized use of your password or any breach of security. You also agree that Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Company without Company’s express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
Services are not available to temporarily or permanently banned users. Company reserves the right, in Company’s sole discretion, to cancel unconfirmed or inactive accounts. Company reserves the right to refuse service to anyone, for any reason, at any time.
Rain Policy: Inclement weather can delay services to a date determined by the company when the weather subsides. The Company will make its best efforts to update the service dates when the weather subsides and is deemed safe to perform the Service. The Company reserves the right to postpone service if your yard is deemed to not be safe because of excess moisture, even if it is not raining outside.
5. Your Responsibilities: The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by Company (both governmental and private). Customer represents and warrants to Company that all permits and consents have been obtained prior to the scheduled commencement of any work and that the work provided is permitted by all applicable laws. You will obtain all necessary approvals from any association, architectural review committee or other private organization or entity with oversight authority over the Work, and will also pay any fees in connection therewith and all sales, consumer, use and other similar taxes required by law. You agree to provide information requested by Company in a timely manner regarding, including, site requirements, existing conditions and systems.
Payment for Services: All payments for any Services provided through LawnValue’s platform should take place through the Service platform and should never be made outside of our website or mobile application. Any violation of this may result in the responsible lawn care providers or recipients to be removed from and/or disallowed access to our platform. Payments from lawn care recipients are due immediately following service completion. Lawncare recipients provide the right for the company to automatically charge after service completion via the stored payment information that is input by lawncare recipient into LawnValue's platform. Non payment will incur interest past the due date the state of Tennessee minimum rates. Any fees incurred for collection are your expense, including but not limited to any court and reasonable attorney fees. Fees may be subject to tax, collected by us or a third party through which you transact, and except as set out in these Terms are non-refundable. If your Service involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your Service, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fee and any taxes, using any credit card we have on record for you.
Pricing and Promotional Offers: LawnValue reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing. LawnValue, at its sole discretion, may make promotional offers or offer coupon codes, with different features and different rates to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on your offer or contract. Occasionally, LawnValue may change the fees for our Services as we deem necessary for our business. LawnValue will make an effort via email or app notifications if any fee or pricing changes are going to apply to you, but, please check back via our website or mobile application periodically for any updates on service charges.
Terms of Payment to Lawncare Providers: Subject to the terms of our Provider Agreement [LINK], LawnValue will provide payment to any lawn care provider that has an active account through the service platform, provided that lawn care provider completed service to lawn care recipients, and LawnValue’s expectations, followed LawnValue’s policy and procedures, and has not provided any false information to LawnValue or the lawn care recipient. Any attempt for a lawn care provider to request or receive payment from a lawn care recipient outside of the LawnValue platform will result in immediate removal from the service platform, as well as legal and financial compensation from lawn care provider to LawnValue.
9. Intellectual Property: LawnValue will own all rights, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Services are trademarks of the Company or third parties, and no right or license is granted to use them.
Control of Information: Company does not control the information provided by users. You may find some information provided by users to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals. By using the Services, you agree to accept these risks and that Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users of the Services.
Company is not responsible for the availability of outside websites or resources linked to or referenced on the Services. Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from these websites or resources. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any other websites or resources.
Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Services (“Feedback”) to be non-confidential and non-proprietary, and Company will not be liable for the disclosure or use of any Feedback. If, at Company’s request, any user sends Feedback to improve the Services, Company will also consider that Feedback to be non-confidential and non-proprietary and Company will not be liable for use or disclosure of the Feedback. Any communication by you to Company is subject to this Agreement. You hereby grant and agree to grant Company, under all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit Feedback for any purpose, commercial or otherwise, without compensation or accounting to you and without further recourse by you.
11. Customer Representation and Obligations: The Customer warrants the site is free of underground condition including, without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains and waste materials except as specifically disclosed to Company. Where latent/underground problems exist the Company shall be entitled to charge for additional work/supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied. Customer shall provide Company with electricity and water.
Materials On-Site: Materials delivered to site become the responsibility of the Customer. The Company accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. Any material brought to, or removed from the site, that are in excess to the Company’s requirements under the Invoice remain the property of and be removable by the Company who shall have the right to enter the site for that purpose.
Maintenance after Completion: The proper maintenance of the site shall be the obligation of the Customer following completion of the work, unless otherwise agreed in writing by the parties.
Limitation of liability: THE SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. LAWNVALUE MAKES NO, AND HEREBY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY CONTENT, OR THE AVAILABILITY, FUNCTIONALITY, PERFORMANCE, LOSS OF DATA OR RESULTS OF USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, LAWNVALUE EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ACCURATE, ERROR-FREE, OR UNINTERRUPTED. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, LAWNVALUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, NONINFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. LAWNVALUE DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING APPS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, LAWNVALUE SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LAWNVALUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, ANY COSTS OR EXPENSES IN CONNECTION WITH THE SERVICES, OR ANY OTHER LOSSES, LOST PROFITS, LOSS OF DATA, OR OPPORTUNITY COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
IN NO EVENT SHALL LAWNVALUE BE LIABLE TO YOU FOR ANY AMOUNTS IN EXCESS OF $100. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E., THE EXISTENCE OF MORE THAN ONE (1) CLAIM WILL NOT ENLARGE THIS LIMIT). ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
- Links to Third-Party Sites: The Services may contain links to certain third-party sites. These sites are not under the control of LawnValue. In addition, third-party sites may contain links to our website. LawnValue is not responsible or liable for, and makes no representations or warranties concerning, the content or material of any such third-party sites. The fact that the Services contain a link to any third-party site, or that a third-party site has provided a link to this website, does not constitute an endorsement, authorization, sponsorship, or affiliation between LawnValue and such third-party site’s owners, operators, or maintainers. You acknowledge that any services, content, material, or information provided through such third-party sites are accessed at your own risk. LawnValue is not responsible or liable for, and makes no representations or warranties with respect to, any particular information, software, products, services, or content found on any linked third-party sites, including, without limitation, the appropriateness of any products, services, or transactions described therein. The Services may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by LawnValue, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of LawnValue. Neither LawnValue, nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
- No Reliance: Although we make reasonable efforts to update the information available therein, we make no representations, warranties, or guarantees, whether express or implied, that such content is accurate, complete, or up to date. Your use of the Services is at your own risk and neither LawnValue, nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for such use.
- Miscellaneous: When you use the Services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other the Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In addition to any excuse provided by applicable law, LawnValue shall be excused from liability for non-delivery or delay in delivery of the Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect. You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Company reserves the right to modify or terminate the Services for any reason, without notice, at any time. This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of this Agreement will be governed by the exclusive jurisdiction and venue of the state and Federal courts of Davidson County, Tennessee. Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Indemnification: To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless LawnValue, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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 breach of these Terms or your use of the Services, including, but not limited to, actions under your account name, your violation of any law or regulation or any rights of another, third-party sites, and any use of the Services other than as expressly authorized under these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.