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TERMS OF USE

Thank you for visiting www.lawandsnowdogs.com (“Website”), the website of Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs (sometimes referred to as “we” and “our” hereinafter).

BY ACCESSING OR USING THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS TERMS OF USE AGREEMENT (“AGREEMENT”), AGREE TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR ACCESS AND USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE:

THE WEBSITE.

“Website” shall include any and all information on www.lawnandsnowdogs.com, including this Agreement, these Terms of Use, any hyperlink extension thereof, or any website that links to this Website.

NO WARRANTIES OR LIABILITIES.

Any advice or information provided on this Website is general information provided “as is” without any warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement. Your use of this Website is at your own risk and we assume no liability or responsibility for any errors or omissions in the content of this Website. Under no circumstances shall we, including any agent, employee, officer or owner of Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs, be liable to you or any other person or entity for any damages of any amount or character (including, without limitation, any general, indirect, special, incidental, consequential, exemplary or punitive damages) arising from or related to your access to, or use of, this Website. Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs assumes no responsibility for the accuracy, completeness, security or timeliness of any content or other subject matter on this Website. Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs assumes no responsibility for the failure to delete, deliver, store, update, or provide any content or other subject matter on this Website.

By accessing and/or using the Website, you are consenting to the processing of your data by Lawn and Snow Dogs and consenting to our Privacy Policy. For more information, please see our Privacy Policy disclosures relating to the collection and use of your information.

INDEMNITY.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs, its affiliates, agents, employees, officers, owners, partners and subsidiaries harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of or related to (a) your use of, or activities in connection with, the Website, (b) any violation of this Agreement by you, or (c) your violation of any rights of a third party.

CHANGE OF AGREEMENT WITHOUT NOTICE.

Information on this Website, including without limitation this Agreement and these Terms of Use, may be changed or updated by Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs at any time and without notice. Your continued use of the Website following the publishing of changes or updates to this Agreement means that you accept and agree to the changes and/or updates.

OPINIONS.

The opinions expressed on or through the Website are the opinions of the individual author and may not reflect the opinions of Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs or any individual agent, employee officer or owner of Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs.

COPYRIGHT.

All works, materials and content on our Website are protected by United States and International copyrights, copyrighted, 2019, by Joe Schmidt Services, LLC. You shall not reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the Website without the prior permission of Joe Schmidt Services, LLC. Notwithstanding the foregoing, Joe Schmidt Services authorizes you to view, copy, download and print the information and images on this Website subject to this Agreement, including without limitation your compliance with each of the following: (1) all such materials may be used solely for your internal business purpose and you acknowledge that the materials are informational only; (2) none of the materials may be modified; and (3) the following copyright notice and permission notice must appear on each such document: “© Copyright 2019 Joe Schmidt Services, LLC. All rights reserved.” All use of the materials on our Website is subject to this Agreement set forth at www.lawnandsnowdogs.com/termsofuse.

TRADEMARK INFORMATION.

Lawn and Snow Dogs, www.lawnandsnowdogs.com, and the Lawn and Snow Dogs design logo are trademarks of Joe Schmidt Services, LLC (the “Joe Schmidt Services Marks”). You shall not display or use the Joe Schmidt Services Marks in any manner without first obtaining written permission of an authorized representative of Joe Schmidt Services, LLC.

NO GRANT OF LICENSE.

Nothing on this Website, or your access and/or use of the Website, shall be construed as conferring to you or any third party any license or other rights under the intellectual property or other proprietary rights of Joe Schmidt Services, LLC, its affiliates, partners, subsidiaries or any third party, whether by estoppel, implication or otherwise.

LINKS TO THIRD PARTY SITES.

As a courtesy to you, our Website may from time to time contain links to websites and online resources not maintained by us. We are not responsible for and do not endorse such external sites and resources. We have no control over any such linked site, and the inclusion of any such link does not imply any recommendation, approval or endorsement by us of any third-party site or for the policies of any such linked site concerning their collection, security and use of any confidential information gathered from their users. Additionally, we provide no guarantee that any links from our Website are clear of computer viruses or other technological infections and, as such, recommend that you maintain adequate security protection on any devices you use to access such links. Other sites may link to the Website with or without our authorization, and we may block any links to or from the Website.

YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.

Additionally, we may provide tools to allow you to link to the Website directly from a third-party site; if you do link to the Website (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.

GOVERNING LAW.

The Website, including this Agreement, and the relationship between you and Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs shall be governed by and shall be construed according to the laws of the State of Minnesota without regard to its principles of conflicts of law.

 

DISPUTE RESOLUTION.

Any claim, controversy, dispute, suit, action or proceeding arising out of or relating to the Website or this Agreement, or the breach thereof, between Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs and you shall be subject to the exclusive jurisdiction of the state and federal courts of Stevens County, Minnesota. YOU HEREBY IRREVOCABLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH CLAIM, CONTROVERSY, DISPUTE, SUIT, ACTION OR PROCEEDING. SERVICE OF PROCESS, SUMMONS, NOTICE OR OTHER DOCUMENT BY MAIL TO YOU SHALL BE EFFECTIVE SERVICE OF PROCESS FOR ANY CLAIM, CONTROVERSY, DISPUTE, SUIT, ACTION OR OTHER PROCEEDING BROUGHT IN ANY SUCH COURT. YOU HEREBY IRREVOCABLY CONSENT AND UNCONDITIONALLY WAIVE ANY OBJECTION TO THE LAYING OF VENUE OF ANY CLAIM, CONTROVERSY, DISPUTE, SUIT, ACTION OR ANY PROCEEDING IN SUCH COURTS AND IRREVOCABLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH CLAIM, CONTROVERY, DISPUTE, SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.

HEADINGS.

The headings and section titles in this Agreement are for convenience purposes only and have no legal or contractual effect.

SEVERABILITY.

If any provision of this Agreement should be held invalid, illegal or unenforceable in any respect in any jurisdiction, then, to the fullest extent permitted by law, all other provisions hereof will remain in full force and effect in such jurisdiction and will be liberally construed in order to carry out the intentions of the parties hereto as nearly as may be possible.

ABILITY TO ENTER INTO THIS AGREEMENT.

By using the Website, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between you and Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs with respect to the subject matter hereof and governs the entire access and usage of the Website, superseding any prior agreements between you and Joe Schmidt Services, LLC d/b/a Lawn and Snow Dogs.

COMMUNICATIONS.

Please contact us if you are interested in our services. Please note, however, that the contents of any communication you send to us, electronically, by telephone, or by any other means, will not be considered confidential.

REVISION DATE.

These Terms of Use were last revised January 1, 2023. Should you have any questions concerning these Terms of Use, please email Joe Schmidt at joe@lawnandsnowdogs.com.

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