Terms and Agreements

Terms of Use

Use License

ServeScape, LLC ("ServeScape") grants you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, material, software, products, or services from this Site.  

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms, and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to ServeScape that you will not use this Site for any purpose that is unlawful, immoral, or prohibited by these terms, conditions, and notices. If you do not agree and accept without modification the notices, terms, and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and ServeScape relating to the sale of products or services to you through this Site, ServeScape will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks

The trademarks, service marks, and logos (collectively the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of ServeScape. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. ServeScape aggressively enforces its intellectual property rights to the fullest extent of the law. The name of ServeScape, ServeScape logo, or the other ServeScape formatives may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on this Site, without prior, written permission from ServeScape. ServeScape prohibits the use of ServeScape logo as part of a link to or from any site unless the establishment of such a link is approved in advance by ServeScape in writing. Fair use of ServeScape’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the trademarks of their respective owners.

Product Orders

While we will use our best efforts to fulfill all orders, ServeScape cannot guarantee the availability of any particular product displayed on this Site. ServeScape reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

We reserve the right to limit quantities to the amount reasonable for our regular customers.

Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

 

While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. ServeScape reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted).

All payment requests by check will be directed to PayPal for digital check submission (eCheck).

Links to Third-Party Sites

This Site may contain links to sites owned or operated by parties other than ServeScape. Such links are provided for your reference only. ServeScape does not control outside sites and is not responsible for their content. ServeScape's inclusion of links to an outside site does not imply any endorsement of the material on the site or unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor, nor does ServeScape's inclusion of the links imply that ServeScape is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

NO WARRANTIES; EXCLUSION OF LIABILITY

SERVESCAPE MAKES NO REPRESENTATION OF THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SERVESCAPE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND -NON-INFRINGEMENT. SERVESCAPE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER SERVESCAPE, ITS AFFILIATES, OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold ServeScape (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

Contacting Us

Although ServeScape will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), ServeScape does not guarantee that it will receive all such e-mail or other information in timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

General

You agree that this agreement and your use of this Site are governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Atlanta, Georgia, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. ServeScape has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.

WITH THE PRIOR AGREEMENT OF SERVESCAPE, ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING OUT OF, RELATING TO, OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN ATLANTA, GEORGIA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

You agree that ServeScape may at any time and without notice change the terms, conditions and notices under which this Site is offered; however, any change to the terms after your last usage of the Site will not be applied retroactively.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ServeScape as a result of this agreement or your use of this Site.

ServeScape's performance of this agreement is subject to existing laws and legal processes and nothing contained in this agreement is in derogation of ServeScape's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by ServeScape with respect to such use.

This agreement, the privacy and security statement, and the terms of sale constitute the entire agreement between you and ServeScape with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ServeScape with respect to this Site. No modification of this agreement shall be effective unless it is authored by ServeScape, LLC or its affiliates, or unless it is physically signed in blue ink by a ServeScape officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by ServeScape in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by ServeScape in printed form.

ServeScape also may make employment information available through this Site. ServeScape is an equal-opportunity employer. ServeScape provides equal employment opportunities to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. ServeScape's policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits, and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF SERVESCAPE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS ON THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS ON THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON ON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

 

 

My Account Terms and Conditions

When you register for a My Account you gain access to many helpful online tools and you may be asked to provide additional information about you and your landscaping projects.  The information that you provide as a registered My Account user is sometimes referred to as "User Content". As a My Account user you also have the opportunity to register your credit cards to help make your online shopping on our website quicker and easier.  When you sign-up for a My Account we help you track and record your purchases on our website.  If you register a credit card in your My Account (each a "Registered Card") we help you track and record purchases made with such Registered Card.  These tracked and recorded purchases are called your "Purchase History".  Your registration and use of your My Account is governed at all times by our My Account Terms and Conditions, our Privacy and Security Statement, and our Terms of Use. From time to time we may change the My Account Terms and Conditions. We will notify you of any material changes to our My Account Terms and Conditions by posting an updated copy on our website. Please check our website periodically for updates.

My Account Username and Password

When you register for a My Account, you will be asked to select a username and password.  You understand and agree that you are solely responsible for protecting the security and confidentiality of your username and password and for all activities (including purchases) that occur via your My Account.  You agree not to allow unauthorized persons to use or otherwise access your My Account.   If you know or suspect that your My Account has been compromised, promptly change your password and immediately notify us. You agree to pay all charges incurred by you or any users of your My Account for purchases made on our website.

Purchase History

Your Purchase History may include such details as product description, product image, units purchased, purchase price, purchase or order date, shipping updates, order number, warranties, and instructions.  The Purchase History for each of your online purchases or in-store purchases made with a Registered Card will be available for review in your My Account. All information related to your Purchase History is solely owned by us at all times but may be made available to you at our sole discretion for your review within your My Account. 

My Account Termination

We reserve the right in our sole discretion to remove or delete any or all information from your My Account or our website at any time and for any reason.  You understand that we cannot guarantee that your My Account will always be available to you or error-free.  We may terminate or suspend your My Account for any reason in our sole discretion with or without notice to you. Additionally, we reserve the right to stop offering the My Account feature of our website or any portion thereof, without liability, at any time and for any reason, with or without cause.  In the event of any such termination or suspension, information stored in your My Account, including User Content and Purchase History, may no longer be available to you.  We have no obligation to make your User Content or Purchase History available to you and you should not rely upon your My Account as your sole record of this information.

 

Privacy and Security Statement

ServeScape values and respects the privacy of its customers and visitors. The purpose of this Privacy and Security Statement is to provide you with information about how ServeScape collects, uses, and shares the information we collect from our customers and visitors. By using the ServeScape website, you are consenting to the practices outlined in this Privacy Policy. This Privacy Policy does not apply to the practices of third parties that ServeScape does not own or control, or to individuals that ServeScape does not employ or manage.

About This Policy

This Privacy and Security Statement describes the privacy practices of ServeScape. It applies to our interactions with our customers and visitors, including, but not limited to:

  • Use of our websites, including mobile websites
  • Attendance at one of our events
  • Phone and email communications
  • Social media interactions on our websites and other third-party websites like Facebook, YouTube, Pinterest, Google+, Instagram, and Twitter
  • Viewing our online advertisements or emails
  • Through our authorized service providers
  • Information We Collect
  • Contact Information

Information We Collect

We may collect the names and user names of our customers and other visitors. Additionally, we may collect your purchase history, billing and shipping addresses, phone numbers, email addresses, and other digital contact information. We may also collect information that you provide us about others.

When you make a purchase we collect your payment information, including information from your credit or debit card, check, PayPal account, or reward points.

We may collect information about products or services you like, reviews you submit, or where you shop. We might also collect information like your age or gender.

If you use our mobile websites, mobile applications, or other smart device applications we may collect location data obtained from your device. If you use our websites, we may collect location data obtained from your IP address. We use this location data to provide product pricing and availability near you and provide driving directions to our job sites.

If you apply for an employment opportunity, you may provide us with certain personal information about yourself (such as information contained in a resume, cover letter, or similar employment-related materials, or any applicable pre-screening questions).

We may collect any of the information or content that you provide through our websites, device applications, or online forums. If you use our websites, we collect your IP (Internet Protocol) address and other related information such as the type of browser and operating system you are using. We might also track the pages you visit, look at what website you came from, or what website you visit when you leave us.

How Information is Collected

We collect information directly from you, such as:

  • During website or survey registration
  • In connection with an online purchase
  • If you register for a loyalty program
  • If you participate in a sweepstakes, contest, promotion, program, clinic or workshop
  • If you apply or inquire about employment
  • In connection with your interactions with us as a registered user of our websites. For example, when you use the features of our My Account tool like Express Checkout, My Projects, etc.

There is also information that is automatically collected by ServeScape, which may include: IP address, browser and device information, domain names, access times, and referring website addresses. We collect this information about you using cookies.

How We Use Information

We use the information we collect for our business purposes, including:

  • To respond to your questions and requests
  • Fulfilling orders, ensuring proper delivery, or providing services (such as delivering an electronic copy of your receipt)
  • Administering your participation in a contest, sweepstakes, or other promotion or sending you prizes you might have won
  • Registering you for a particular website, or loyalty program, or providing you with information regarding such programs or services
  • Responding to a product or service review
  • To improve our products and services.

We may use your information to make a website, device application, or product and service improvements.

We might use your information to customize your experience with us.

We may also combine information we get from you with information about you we have received from third parties or publicly available sources to assess trends and interests.

In certain circumstances, we may send you communications about special ServeScape promotions or offers via regular mail, email, or other electronic channels, including ads on social media platforms. We may send you emails if you have registered on a website and indicated you want to receive this information or if you gave us your information in one of our stores. We may also notify you of new website features or product and service offerings. If permitted, we may also send information about offers from our Affiliates and other companies we think you might find interesting. We may use information including information collected across different online services and collected from the various devices you may use, to deliver you marketing communications (including online ads) based on your interests. For example, if you view a product on our website, you may see ads for that product on our or third-party websites and applications.

We may contact you to tell you about changes to this Privacy and Security Statement, the Terms of Use of our websites or device applications, or changes to any of our programs in which you might be enrolled. We may also tell you about issues with your orders or if there is a product recall or rebate.

Information Sharing

We may share your information for our business purposes and as legally required or permitted, including:

  • With third parties who perform services on our behalf, such as our delivery service providers who ship and deliver your online orders.
  • With the vendors of our products and services to respond to your reviews and questions.
  • With any successor to all or part of our business.
  • If we think we have to in order to comply with the law.
  • To protect us.
  • At your direction.

Opt-out; Transactional Emails

Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, responding to customer service inquiries, asking you to review a product or service you have ordered, or notifying you of product recalls or rebates.

Security

When you place orders on our websites, all of your order information, including your credit card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our websites from capturing and viewing your personal information.

While we use industry-standard means to protect our websites and your information, the Internet is not 100% secure. The measures we use are appropriate for the type of information we collect. We cannot promise that your use of our websites or mobile applications will be completely safe. We encourage you to use caution when using the Internet. Online access to your personal information is protected with a password you select. We strongly recommend that you do not share your password.

Links

Our websites contain links to third-party websites. If you click on one of those links, you will be taken to websites we do not control. This Privacy and Security Statement does not apply to the information practices of those websites. You should read the privacy policies of other websites carefully. We are not responsible for third-party websites.

Contacting Us

If you have any questions about this agreement, please call us at (205) 547-1849 or log on to www.servescape.net/contactus.

Effective Date: January 1, 2019

From time to time we may change our privacy policies. We will notify you of any material changes to our Privacy and Security Statement by posting an updated copy on our website. Please check our website periodically for updates.