This Website is a service of Skid Ventures, LLC (“GreenAcres”or the "Services") and is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions").Your use of this Website constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services such as websites or apps owned and operated by GreenAcres(including but not limited to GreenAcres.com, etc) and collectively referred to herein as "GreenAcres," on which a link to these Terms &Conditions appears. If you have any questions regarding these Terms &Conditions, you may contact us at www.GreenAcres.io. We may amend these Terms& Conditions at any time by posting a revised version of these Terms andConditions. These Terms & Conditions were last updated on February 14, 2021.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 10. THE
1. STANDARD SERVICES
At GreenAcres we are committed to making your total GreenAcres experience a positive one. You can find GreenAcres Professionals through GreenAcres (collectively, "GreenAcres Professionals") by submitting a project on the GreenAcres website. We refer you to up to five GreenAcres Professionals. Upon entering your information and the request for which you would like a GreenAcres Professional, GreenAcres Professionals in your area will receive notice of the project and be given an opportunity to purchase access to your project information if they are interested. We do not guarantee that we will be able to match your service needs with a GreenAcres Professional or that there are GreenAcres Professionals in your area that are either capable or willing to complete your service needs. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the GreenAcres Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such GreenAcres Professional or the quality of the job that he or she may perform for you if you elect to retain their services. GreenAcres does not endorse or recommend the services of any particular GreenAcres Professional. We do not independently verify the representations that GreenAcres Professionals make about their services. It is entirely up to you to evaluate the GreenAcres Professional and the GreenAcres Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a GreenAcres Professional. We do not guarantee or warrant any GreenAcres Professional's performance on the job or the outcome or quality of the services performed. The GreenAcres Professionals are not employees or agents of GreenAcres, nor is GreenAcres an agent of the GreenAcres Professionals. No Contracting via the GreenAcres Website. No contractual arrangement is created based upon the quotes provided to you from GreenAcres Professionals (or your scheduling of an appointment with a GreenAcres Professional) via GreenAcres. To contract with a GreenAcres Professional, you must work directly with the GreenAcres Professional. GreenAcres does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with GreenAcres Professionals are governed by the terms of such contracts and by applicable federal, state, and local laws. GreenAcres is not a party to any agreements between you and a GreenAcres Professional. All payments and applicable taxes must be made to the GreenAcres Professional in accordance with your separate agreement with the GreenAcres Professional. Release from Damages or Claims. Should you have a dispute with respect to any services provided by a GreenAcres Professional or the fees charged by any GreenAcres Professional, you must address such dispute with the GreenAcres Professional directly. YOU HEREBY AGREE TO RELEASE GREENACRES (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH GREENACRES PROFESSIONALS.
You will be responsible to pay your for goods or services provided by GreenAcres Professionals, according to the terms established between you and the GreenAcres Professional. Should you have any dispute with the goods or services provided by the GreenAcres Professional(s) you select, you must contact the GreenAcres Professional and resolve such dispute with the GreenAcres Professional.
3. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
By submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our GreenAcres Professionals via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list. You also authorize GreenAcres to send you an automated prerecorded call confirming your service request, along with calls from up to five GreenAcres Professionals that can help you with your request. You agree that by completing a service request, you are entering into a business relationship with GreenAcres and/or a GreenAcres Professional and thus agree to be contacted by GreenAcres and/or a GreenAcres Professional. You promise that all information you provide (including but not limited to your contact information) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or GreenAcres has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GreenAcres has the right to refuse any current or future use of the GreenAcres Services (or any portion thereof) by you. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You agree that all consents provided in this Section will survive cancellation of your account.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO GREENACRES PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUESTS, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO GREENACRES AND GREENACRES PROFESSIONALS WHO ACCEPT SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $5,000 TO EACH OF GREENACRES AND EACH OF THE AFFECTED GREENACRES PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
4. DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a GreenAcres Professional, and while we have no obligation to you with regard to your relationship with a GreenAcres Professional, GreenAcres may try and assist you in resolving any disputes that may arise in the course of an outdoor service project with a GreenAcres Professional who you learned about through the GreenAcres Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a GreenAcres Professional. You must participate and use good faith efforts to resolve problems through the GreenAcres resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a GreenAcres Professional without a good faith basis for doing so. You agree that GreenAcres is not responsible for the accessibility or unavailability of any GreenAcres Professional or for your interactions and dealings with a GreenAcres Professional.
5. CALL RECORDING
You acknowledge and agree that GreenAcres may monitor and/or record any telephone calls between you and GreenAcres.
6. ARTICLES AND OTHER CONTENT
GreenAcres provides certain content relating to outdoor projects ("Articles"), on the GreenAcres or apps, and via mobile applications owned and operated by GreenAcres. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
7. PRODUCT LIABILITY. Neither GreenAcres nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against GreenAcres or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by GreenAcres or any of its affiliates.
8. LINKS TO THIRD PARTY SITES
Links in the GreenAcres Website or apps may allow you to leave GreenAcres's Website. The linked sites are not under the control of GreenAcres and GreenAcres is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. GreenAcres is not responsible for webcasting or any other form of transmission received from any linked site. GreenAcres is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GreenAcres of the site.
YOU AGREE TO INDEMNIFY GREENACRES, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE GREENACRES SERVICES IN CONNECTION WITH THE GREENACRES WEBSITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
10. AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
a. The exclusive means of resolving any dispute between you and GreenAcres or any claim or controversy arising out of or relating to use of this Website and/or GreenAcres's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against GreenAcres any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
b. By using the Website and/or GreenAcres's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and GreenAcres. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against GreenAcres may be commenced only in the federal or state courts located in Baldwin County, Alabama. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. These Terms and Conditions, and any dispute between you and GreenAcres, shall be governed by the laws of the state of Alabama without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
11. GENERAL PROVISIONS
You acknowledge and agree that the GreenAcres Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and GreenAcres's sole obligation to you or any third party for any claim arising out of your use of the GreenAcresServices or the GreenAcres Website or apps, is that you are free to discontinue your use of the GreenAcres Services or the GreenAcres Website or apps at anytime. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GREENACRES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT GREENACRES SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF GREENACRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DONOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of GreenAcres's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of GreenAcres to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Alabama as such laws are applied to agreements entered into and to be performed entirely in the State of Alabama and between Alabama residents. You agree to submit to jurisdiction in Alabama and that any claim arising out of or related to theseTerms and Conditions will be brought solely in a court in Baldwin County, Alabama. These Terms and Conditions constitute the entire agreement between you and GreenAcres and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.