Terms of service.
Deck Protect LLC, DBA: Evergreen Tree and Shrub - TERMS AND CONDITIONS
Legal Agreement: Please read these terms and conditions (“Agreement”) carefully. Your registration at www.evergreentreeandshrub.com (“Website”) for services and information (the “Services,” as more fully described below) offered by Deck Protect LLC (DBA: Evergreen Tree & Shrub) and your acceptance of this Agreement by 1) clicking the “I accept” box on the registration page of the Website, 2) submitting any form found on any pages associated with the Website, and/or 3) use of the Website creates a binding, legal agreement between Deck Protect LLC (DBA: Evergreen Tree & Shrub) and you (“you” or “your”). Such registration and acceptance date shall become the effective date of this Agreement (“Effective Date”). This Agreement governs your use of the Services and the Website. If you choose to accept this Agreement, you must do so as written, without modification. If you do not accept these terms, you will not be allowed to receive the Services. By using the Website, you accept the terms and conditions described in this Agreement. You warrant and represent that you are at least 18 years of age and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. This Agreement incorporates the terms of Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s Privacy Policy. Deck Protect LLC (DBA: Evergreen Tree & Shrub) and you are individually, a “party” and collectively, the “parties.”
Registration: By registering, you agree to provide the information requested on the registration page of the Website completely and accurately, and to update your information as necessary. You are responsible for keeping your information current. You are responsible for selecting and keeping your username and password confidential. You may not share or disclose your username and password to anyone other than Deck Protect LLC (DBA: Evergreen Tree & Shrub). You understand that you are responsible for all uses of the Website through your username and password. You must notify Deck Protect LLC (DBA: Evergreen Tree & Shrub) immediately if you know of or suspect unauthorized use of your username and password for this Website.
Services: Deck Protect LLC (DBA: Evergreen Tree & Shrub) provides an array of landscaping services such as landscape design, installation, and maintenance. The Service may require you to submit confidential information pertaining to your business, including, without limitation, tax documents, financial statements, and other reasonable confidential information as requested by Deck Protect LLC (DBA: Evergreen Tree & Shrub) (“Customer Information”). Deck Protect LLC (DBA: Evergreen Tree & Shrub) will provide the Service in accordance with its then-current pricing, as set forth on the Website. Deck Protect LLC (DBA: Evergreen Tree & Shrub) makes no guarantees that your tax credits or refunds will be successful or that any specific amount will be achieved.
Updates Deck Protect LLC (DBA: Evergreen Tree & Shrub) RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING SUCH CHANGES. Deck Protect LLC (DBA: Evergreen Tree & Shrub) may, but is not obligated to, offer upgrades, updates, and improvements to the Website and Services, and to add or discontinue any Services.
Limited License Deck Protect LLC (DBA: Evergreen Tree & Shrub) hereby grants you, during the Term (as defined below) of this Agreement, a non-exclusive, non-assignable, non-transferable, non-sublicensable, limited license (“License”) to use the Website and the Services for your personal or business purposes (“Purpose”). You shall display all notices for trademarks, service marks, trade dress, patents, patents pending, and other intellectual property (the “Intellectual Property”) as required by us. You shall not copy or reverse engineer, in whole or in part, Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s Website, Services, or Intellectual Property. Except as expressly stated in this Agreement, Deck Protect LLC (DBA: Evergreen Tree & Shrub) does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Deck Protect LLC (DBA: Evergreen Tree & Shrub) to you under this Agreement are expressly reserved to Deck Protect LLC (DBA: Evergreen Tree & Shrub). To the extent you upload content in connection with the Service, you grant Deck Protect LLC (DBA: Evergreen Tree & Shrub) a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable license to copy, distribute, display publicly, make available to the public, adapt, sublicense, process, and translate such content, combine such content with or incorporate such content into other content, and modify and create derivative works of such content, in connection with Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s operation of the Website and/or Service, and in Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s other media platforms, applications, and services. You further waive and forever disclaim all rights of attribution with respect to the use of your content.
Prohibited Uses Deck Protect LLC (DBA: Evergreen Tree & Shrub) may temporarily or permanently deny, limit, suspend, or terminate the Service, remove content, and take technical and legal measures to keep you off the Service at any time and for any reason. You agree to the following prohibited uses: (a) You shall not use the Services to harass, embarrass, or threaten any person. (b) You shall not copy, publish, distribute, rent, or resell the Services, in whole or in part. (c) You understand and agree that we monitor usage on the Website and the Services, and that we may share your use of the Website and Services with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Website and Services is for an unlawful purpose. We may also share your use of the Website and Services as required by law, a court order, a subpoena, or as Deck Protect LLC (DBA: Evergreen Tree & Shrub) determines is necessary or advisable to protect its interests. (d) You shall not use the Services as the basis for making decisions to consumers or businesses concerning loans, credit, insurance, employment, leasing, or other decisions. The Services are not to be relied upon by any person, including you, for any purpose. You are solely responsible for all decisions you make in any way utilizing the information generated as a result of using these Services.
Other Websites The Website may contain links to other websites. Deck Protect LLC (DBA: Evergreen Tree & Shrub) may or may not own, operate, or monitor these websites, their services, or content. The information and content posted on other websites may not be compatible with your requirements; you may object to their content, or find such content to be objectionable, improper, unlawful, or immoral. By linking to another website, Deck Protect LLC (DBA: Evergreen Tree & Shrub) does not endorse or sponsor their content or confirm their accuracy, credibility, authenticity, validity, integrity, or legality. Deck Protect LLC (DBA: Evergreen Tree & Shrub) assumes no responsibility or liability for any third-party services or content, or their availability. The Service and/or the Website may include paid advertisements, sponsored links, and commercial information (“Advertisements”). By clicking the Advertisements, you may be transferred to a service of an advertiser or receive other messages, information, or offers from the advertiser and from others. Deck Protect LLC (DBA: Evergreen Tree & Shrub) is not responsible for any of the advertisers’ practices, including their privacy practices, or for the content of their services, information, messages, or offers.
Term and Termination The term of this Agreement shall begin on the Effective Date and continue until terminated as expressly provided in this Agreement (the “Term”). You may terminate this Agreement at any time by delivering an email to evergreentreeandshrubnj@gmail.com or by calling Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s Customer Service Center at the telephone number listed on the Website. Deck Protect LLC (DBA: Evergreen Tree & Shrub) may immediately terminate this Agreement as required by law or due to your breach of any provision of this Agreement in Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s determination. Termination will become effective immediately. Upon termination, all license rights granted herein shall immediately terminate, and you will not be allowed to use the Website or purchase Services. You shall be permitted to use the Services you purchased before termination, provided that your continued use will be subject to the terms of this Agreement. The following provisions of this Agreement shall survive termination or expiration of this Agreement for any reason: 4, 5, 6, and 10 – 18.
Independent Parties Nothing in this Agreement shall create an employer-employee, partner, joint venturer, or agent relationship between Deck Protect LLC (DBA: Evergreen Tree & Shrub) and you.
Indemnification You shall defend, indemnify, and hold harmless Deck Protect LLC (DBA: Evergreen Tree & Shrub) and its employees, managers, members, officers, shareholders, directors, agents, representatives, consultants, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including attorneys’ fees and court costs, arising out of your (a) unauthorized use of the Website or Services or (b) breach of this Agreement.
Disclaimer of Warranty Deck Protect LLC (DBA: Evergreen Tree & Shrub): (A) PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. Deck Protect LLC (DBA: Evergreen Tree & Shrub) DOES NOT WARRANT THAT ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THEIR CONTENT OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, RETENTION, DELETION, DISCLOSURE, OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE OR WEBSITE, SERVICE LEVELS, DOWNLOAD SPEED, AND WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY), OR THAT DEFECTS THEREIN SHALL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability Deck Protect LLC (DBA: Evergreen Tree & Shrub) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Deck Protect LLC (DBA: Evergreen Tree & Shrub)’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Deck Protect LLC (DBA: Evergreen Tree & Shrub) IN THE MONTH IN WHICH A CLAIM GIVING RISE TO LIABILITY HEREUNDER OCCURS. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Compliance with Applicable Law You shall comply with all applicable international, federal, state, and local laws, rules, and regulations in your use of this Website and the Services.
Notice All notices provided for herein shall be effected either by recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed on the Website in our case, and to the address you listed in your registration page in your case. Notice shall be deemed received two days following tender to such courier and three days following posting by Mail.
Dispute Resolution by Binding Arbitration In the interest of resolving disputes between you and Deck Protect LLC (DBA: Evergreen Tree & Shrub) in the most expedient and cost-effective manner, you and Deck Protect LLC (DBA: Evergreen Tree & Shrub) agree that either party, at any time, may opt to adjudicate their disputes through binding arbitration instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, condenses discovery, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
Opt-Out of Arbitration If you are a new Deck Protect LLC (DBA: Evergreen Tree & Shrub) user, you can choose to reject the arbitration agreement contained in this Section 15 (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s address provided on the Website.
General Provisions Controlling Law and Jurisdiction. You agree that New Jersey law (without giving effect to its conflicts of law principles) will govern these Terms, the Site, and the Services and that any dispute arising out of or relating to these Terms, the Site, or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in New Jersey. You acknowledge and agree that any violation of these Terms may cause Deck Protect LLC (DBA: Evergreen Tree & Shrub) irreparable harm, and therefore agree that Deck Protect LLC (DBA: Evergreen Tree & Shrub) will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Deck Protect LLC (DBA: Evergreen Tree & Shrub) may have for a breach of these Terms.
User Information Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s Privacy Policy. By providing your phone number, you agree to receive text messages from Deck Protect LLC (DBA: Evergreen Tree & Shrub). Message and data rates may apply. Message frequency varies.
SMS Messaging Terms and Conditions. By consenting to receive SMS messages from Deck Protect LLC (DBA: Evergreen Tree & Shrub), you agree to receive text messages related to the services we provide, including updates and notifications. You can expect 0-5 messages per day, depending on your progress in the application process. Standard message and data rates may apply based on your mobile carrier plan. Consent is provided by filling out a form and opting in for SMS communication. Once you initiate a conversation via text, each message will include opt-out instructions. You may opt out at any time by replying “STOP” to any message, and no further messages will be sent. For assistance, reply “HELP” at anytime. The information obtained through your consent will not be shared with third parties or affiliates and will be used solely for SMS communication regarding your application. For any questions, please contact us at info@recapturesetc.com. Entire Agreement. This Agreement, the Privacy Policy located on the Website, and any applicable payment, renewal, and additional services terms comprise the entire agreement between you and Deck Protect LLC (DBA: Evergreen Tree & Shrub) regarding the use of the Service, superseding any prior agreements between you and Deck Protect LLC (DBA: Evergreen Tree & Shrub) related to your use of the Site or Services. The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of Deck Protect LLC (DBA: Evergreen Tree & Shrub) to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms 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 are for convenience only and have no legal or contractual effect. Disclosure by Law. You acknowledge and agree that Deck Protect LLC (DBA: Evergreen Tree & Shrub) may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests, or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend Deck Protect LLC (DBA: Evergreen Tree & Shrub)’s, or a third-party’s, rights or property. Information Security. We work hard to protect Deck Protect LLC (DBA: Evergreen Tree & Shrub) and our users from unauthorized access to or unauthorized alteration, disclosure, or destruction of information we hold. In particular: We encrypt many of our services using industry standard methods.
SMS Terms of Service.
SMS Consent Communication:
The information as phone numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.Types of SMS Communications:
If you have consented to receive text messages from Evergreen Tree and Shrub, you may receive messages related to the following:Appointment reminders
Follow-up messages
Billing inquiries
Example: "Hello, this is a friendly reminder of your upcoming appointment for tree trimming at 16 Buttell Ave on 06/04 at 12:00pm. You can reply STOP to opt out of SMS messaging from Evergreen Tree and Shrub at any time."Message Frequency:
Message frequency may vary depending on the type of communication. For example, you may receive up to 5 SMS messages per week related to your [appointments/billing, etc.].Potential Fees for SMS Messaging:
Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.Opt-In Method:
You may opt-in to receive SMS messages from Evergreen Tree and Shrub in the following ways:By submitting an online form
Opt-Out Method:
You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.Help:
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at (https://www.evergreentreeandshrub.com) or call us at (732-908-1516)
Additional Options:
If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.Standard Messaging Disclosures:
Message and data rates may apply.
You can opt-out at any time by texting "STOP."
For assistance, text "HELP" or visit our Privacy Policy and Terms and Conditions [LINK] pages.
Message frequency may vary