Terms
of Use
Welcome
to the S & S Premier Landscaping Co. Website!
We
have created our web site to be useful, fun, and informative. We think we have
succeeded, and we look forward to you letting us know how we can make it even
better.
All we ask is that you abide by the Terms and Conditions that follow. Please
read them carefully, because when you use our site, you automatically agree to
them.
Thank you for visiting S & S Premier Landscaping Co.
S & S Premier Landscaping Co. TERMS AND CONDITIONS OF USE
PLEASE COMPLETELY READ THESE TERMS OF USE BEFORE USING THIS SITE.
By using this site, you signify your agreement to these terms of use. If you do
not agree to these terms of use, please do not use the site. S & S Premier
Landscaping Co.
reserves the right, at its discretion, to add, change, modify, or remove
portions of these terms at any time. Please check these terms regularly for
changes. Your continued use of S & S Premier Landscaping Co. following the posting of any
changes to these terms will mean you accept those changes.
By using this site you expressly agree that use of S & S Premier Landscaping Co. is at your
sole risk. Neither S & S Premier Landscaping Co., nor its affiliates, nor any of its officers
directors, or employees, agents, third-party content providers, licensers,
sponsors, merchants, or the like, warrant that S & S Premier Landscaping Co. will be
uninterrupted or error-free; nor do they make any warranty as to the results
that may be obtained from the use of S & S Premier Landscaping Co. and its services, or as to
the accuracy, reliability, or currency of any information content, service, or
merchandise provided through S & S Premier Landscaping Co..
DISCLAIMER
S & S Premier Landscaping Co. is provided on an "as is," "as available"
basis without warranties of any kind, either expressed or implied, including but
not limited to warranties of title or implied warranties of merchantability or
fitness for a particular purpose. No oral advice or written information given by
S & S Premier Landscaping Co. nor its affiliates, nor any of its officers, directors,
employees, agents, providers, merchants, sponsors, licensers, or the like, shall
create a warranty; nor shall you rely on any such information or advice.
Under no circumstances shall S & S Premier Landscaping Co. or any other party involved in
creating, producing, or distributing S & S Premier Landscaping Co. be liable for any direct,
indirect, incidental, special, or consequential damages that result from the use
of or inability to use S & S Premier Landscaping Co., including but not limited to reliance
by you on any information obtained from S & S Premier Landscaping Co. or that result from
mistakes, omissions, interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to S & S Premier Landscaping Co.'s records, programs, or
services. You hereby acknowledge that this paragraph shall apply to all content,
merchandise, and services available through S & S Premier Landscaping Co.. Due to the fact
that some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states liability is limited to the
fullest extent permitted by law.
Information on this web site may contain technical inaccuracies or typographical
errors. Information may be changed or updated without notice. S & S Premier
Landscaping Co.
may also make improvements and/or changes in the products and/or the programs
described in this information at any time without notice.
S & S Premier Landscaping Co. does not want to receive confidential or proprietary
information from you through our web site or e-mail addresses. Please note that
any information or material sent to S & S Premier Landscaping Co. or any of its related
sites, services, or e-mail addresses will be deemed NOT to be confidential. By
sending S & S Premier Landscaping Co. any information or material, you grant S &
S Premier Landscaping Co.
an unrestricted, irrevocable license to use, reproduce, display, perform,
modify, transmit and distribute those materials or information, and you also
agree that S & S Premier Landscaping Co. is free to use any ideas, concepts, know-how or
techniques that you send us for any purpose.
S & S Premier Landscaping Co. makes no representations whatsoever about any other web site
which you may access through this one. When you access a non-S & S Premier
Landscaping Co.
web site, please understand that it is independent from S & S Premier
Landscaping Co., and
that S & S Premier Landscaping Co. has no control over the content on that web site. In
addition, a link to a non-S & S Premier Landscaping Co. web site does not mean that
S & S Premier Landscaping Co. endorse or warrants in any way whatsoever or accepts any
responsibility for the content, or the use, of such web site. It is up to you to
take precautions to ensure that whatever you select for your use is free of such
items as viruses, worms, trojan horses and other items of a destructive nature.
By using a hyperlink on the S & S Premier Landscaping Co. web site you agree to accept full
responsibility for use of the hyperlink.
LIMITATION OF LIABILITY
Under no circumstances whatsoever shall S & S Premier Landscaping Co. be liable for any loss
of data, lost profits or any damages including, without limitation, any
indirect, special, incidental, consequential or other damages that result from
the use of, or inability to use, the materials in this site, even if
S & S Premier Landscaping Co. or a S & S Premier Landscaping Co. authorized representative has been
advised of the possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you. Notwithstanding the
foregoing, in no event shall S & S Premier Landscaping Co.'s total liability to you for all
damages, losses, and causes of action (whether in contract, tort (including, but
not limited to, negligence) or otherwise) exceed the amount paid by you, if any,
for accessing this site or any of its products or services. By using this site
you agree to hold S & S Premier Landscaping Co. harmless in all capacities to the fullest
extent allowable by law.
CONTENT PROPRIETARY RIGHTS
You("User") acknowledge that S & S Premier Landscaping Co. contains information,
data, software, photographs, graphs, videos, typefaces, graphics, music, sounds,
and other material (collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and S & S Premier Landscaping Co. owns a
copyright in the selection, coordination, arrangement, and enhancement of such
Content. User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, User may make copies of select portions of the
Content, provided that the copies are made only for User's personal use and that
User maintains any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), User may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the owner
of the copyright or other propriety right. In addition to the foregoing, use of
any software Content shall be governed by the software license agreement
accompanying such software.
THIRD PARTY CONTENT
S & S Premier Landscaping Co. has no editorial control over third party content. Any
opinions, advice, statements, services, offers, or other information that
constitutes part of content expressed or made available by third parties,
including providers, merchants, sponsors, licensers, or any other user of
S & S Premier Landscaping Co., are those of the respective authors or distributors and not of
S & S Premier Landscaping Co. or its affiliates or any of its officers, directors, employees,
or agents. Neither S & S Premier Landscaping Co. nor its affiliates, nor any of its officers,
directors, employees, or agents, nor any third party, including any provider,
merchant, sponsor, licenser, or any other user of S & S Premier Landscaping Co., guarantees
the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose. In many instances, the
content available through S & S Premier Landscaping Co. represents the opinions and judgments
of the respective provider, merchant, sponsor, licenser, or user not under
contract with S & S Premier Landscaping Co..
S & S Premier Landscaping Co. neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement made on S & S Premier
Landscaping Co. by
anyone other than authorized S & S Premier Landscaping Co. employees. Under no circumstances
shall S & S Premier Landscaping Co., or its affiliates, or any of its officers, directors,
employees, or agents be liable for any loss or damage caused by a user's
reliance on information obtained through S & S Premier Landscaping Co.. It is the
responsibility of user to evaluate the information, opinion, advice, or other
content available through S & S Premier Landscaping Co..
DISTRIBUTION OF THIRD PARTY CONTENT
Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or
otherwise distribute on S & S Premier Landscaping Co. only Content that is not subject to any
copyright or other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other proprietary
Content distributed with the consent of a copyright owner should contain a
phrase such as "Copyright, owned by [name of owner]; used by
permission." The unauthorized submission or distribution of copyrighted or
other proprietary Content is illegal and could subject the you to criminal
prosecution as well as personal liability for damages in a civil suit. You, not
S & S Premier Landscaping Co., nor its affiliates, nor any of its officers, directors,
employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will
be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such submission. By
submitting Content to any User-submit areas, User automatically grants, or
warrants that the owner of such Content has expressly granted S & S Premier
Landscaping Co.
the royalty-free, perpetual, irrevocable, nonexclusive right and license to use,
reproduce, publish, translate, sublicense, copy, and distribute the Content in
whole or in part worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits any other User to
access, store, or reproduce the Content for that User's personal use. Subject to
this grant, the owner of Content placed on S & S Premier Landscaping Co. retains any and all
rights which may exist in such Content.
S & S Premier Landscaping Co.'s RIGHTS
S & S Premier Landscaping Co.'s rights include but are not limited to the below paragraphs.
S & S Premier Landscaping Co. may elect to monitor any areas of the site or any of its
services and may disclose any content, records, or electronic communication of
any kind to satisfy any law, regulation, or government request or if such
disclosure is necessary or appropriate to operate S & S Premier Landscaping Co. or to protect
the rights or property of S & S Premier Landscaping Co., its visitors, sponsors, providers,
licensers, or merchants.
S & S Premier Landscaping Co. is not responsible in any way whatsoever for screening,
policing, editing, or monitoring such content. If notified of allegedly
infringing, defamatory, damaging, illegal, or offensive content,
S & S Premier Landscaping Co. may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of such content from
S & S Premier Landscaping Co..
S & S Premier Landscaping Co. reserves the right to prohibit conduct, communication, or
content that it deems in its sole discretion to be harmful to individual users,
S & S Premier Landscaping Co., or any rights of S & S Premier Landscaping Co. or any third party, or to
violate any applicable law. Notwithstanding the foregoing, neither
S & S Premier Landscaping Co. nor its providers, merchants, sponsors, or licensers can ensure
prompt editing or removal of questionable content after online posting.
Accordingly, neither S & S Premier Landscaping Co., nor its affiliates, nor any of its
officers, directors, employees, or agents, nor provider, merchant, sponsor, or
licenser shall assume liability for any action or inaction with respect to
conduct communication, or content on S & S Premier Landscaping Co..
OTHER
This agreement shall be governed by and construed in accordance with the laws of
New York without regard to choice of law rules. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the subject matter herein and shall
not be modified except in writing, signed by both parties.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials
obtained from S & S Premier Landscaping Co., along with all related documentation and all
copies and installations.
S & S Premier Landscaping Co. shall have the right to immediately terminate this Agreement
with respect to any user which S & S Premier Landscaping Co., in its sole discretion,
considers to be unacceptable, or in the event of any breach by you of this
Agreement. S & S Premier Landscaping Co. may terminate this agreement at any time and without
notice to you. Upon termination, you must destroy all materials received from
S & S Premier Landscaping Co..
In addition, by providing material on our web site, we do not in any way promise
that the materials will remain available to you. S & S Premier Landscaping Co. is entitled to
terminate all or part of any of its site or services at any time, without notice
to you.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and
S & S Premier Landscaping Co. regarding your relationship with S & S Premier
Landscaping Co. and
supersedes any prior statements or representations. You signify your assent to
be bound by this agreement by using the S & S Premier Landscaping Co. web site.
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