Terms & Conditions

Agreement between User and LawnDork.com

Welcome to LawnDork.com. The LawnDork.com website (the "Site") is comprised of various web pages operated by Lawn Dork and New Zealous Technologies ("Lawn Dork"). LawnDork.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of LawnDork.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The purpose of this website is to provide educational information for lawn care professionals.

Electronic Communications

Visiting LawnDork.com or sending emails to Lawn Dork constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Lawn Dork does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use LawnDork.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

LawnDork.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Lawn Dork and Lawn Dork is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lawn Dork is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lawn Dork of the site or any association with its operators.

Certain services made available via LawnDork.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the LawnDork.com domain, you hereby acknowledge and consent that Lawn Dork may share such information and data with any third party with whom Lawn Dork has a contractual relationship to provide the requested product, service or functionality on behalf of LawnDork.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use LawnDork.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lawn Dork that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lawn Dork or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lawn Dork content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lawn Dork and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lawn Dork or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Lawn Dork has no obligation to monitor the Communication Services. However, Lawn Dork reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Lawn Dork reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Lawn Dork reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lawn Dork's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Lawn Dork does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lawn Dork specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Lawn Dork spokespersons, and their views do not necessarily reflect those of Lawn Dork.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to LawnDork.com or Posted on Any Lawn Dork Web Page

Lawn Dork does not claim ownership of the materials you provide to LawnDork.com (including feedback and suggestions) or post, upload, input or submit to any Lawn Dork Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Lawn Dork, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lawn Dork is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lawn Dork's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Lawn Dork account to third party accounts. By connecting your Lawn Dork account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Lawn Dork from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lawn Dork Content accessed through LawnDork.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. We make no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Indemnification

You agree to indemnify, defend and hold harmless Lawn Dork, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lawn Dork reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lawn Dork in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LAWN DORK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE LAWN DORK WEBSITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.

IN NO EVENT WILL THE LAWNDORK.COM AND NEW ZEALOUS TECHNOLOGIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL LAWNDORK.COM, NEW ZEALOUS TECHNOLOGIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR BE LIABLE FOR ANY AMOUNT.

Termination / Access Restriction

Lawn Dork reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lawn Dork as a result of this agreement or use of the Site. Lawn Dork's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lawn Dork's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lawn Dork with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lawn Dork with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lawn Dork with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

USE OF THIRD PARTY SERVICES

In some cases, features on LawnDork.com or other New Zealous Technologies websites are offered through tools provided by a third party over which we have no control, influence, or oversight. You should only use these third party tools if you agree to be bound by their respective terms of use. Your use of these sharing features indicates your acceptance of the Third Party End User Agreements.

RIGHT TO CHANGE LAWNDORK.COM AND ALL NEW ZEALOUS TECHNOLOGIES WEBSITES

We have the right to change the LawnDork.com or other New Zealous Technologies websites, terminate or cease providing the LawnDork.com or other New Zealous Technologies websites, or delete content, materials or features in any way, at any time or for any reason or no reason.

AFFILIATE SHOPPING

In the event an affiliate product available on or through the LawnDork.com or other New Zealous Technologies websites is listed at an incorrect price or with incorrect information, all liability is passed on to the third party seller. LawnDork.com is not responsible for incorrect prices or information.

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICES; COPYRIGHT AGENT

LawnDork.com and all New Zealous Technologies websites respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the LawnDork.com and all New Zealous Technologies websites, please provide the following information in writing to our contact form for further detail:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
  4. Information so that we can contact you, such as address, telephone number and e-mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the LawnDork.com and all New Zealous Technologies websites, that were subsequently removed from the LawnDork.com and all New Zealous Technologies websites, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our contact form (see 17 U.S.C. Section 512(g) for further detail):

  1. Your physical or electronic signature.
  2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Only DMCA notices should be sent to the contact form. For other comments or questions regarding the LawnDork.com and all New Zealous Technologies websites, please contact us through E-mail at our contact form.

Changes to Terms

Lawn Dork reserves the right, in its sole discretion, to change the Terms under which LawnDork.com is offered. The most current version of the Terms will supersede all previous versions. Lawn Dork encourages you to periodically review the Terms to stay informed of our updates.