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This is the general privacy policy ("Privacy Policy") for Finley's Lawn and Pest, LLC (“Finley's Lawn and Pest”). This Privacy Policy applies to all information Finley's Lawn and Pest collects or acquires from or about consumers, whether online, offline, via mobile and wireless platforms, or otherwise, and whether existing now or in the future, including, without limitation: (i) via Finley's Lawn and Pest.com and other Finley's Lawn and Pest owned or controlled websites and their associated mobile sites, Finley's Lawn and Pest’s mobile apps, and Finley's Lawn and Pest-branded "consumer experience" third party sites (collectively, the “Finley's Lawn and Pest Interactive Network”).
Finley's Lawn and Pest will never sell your personal information.
Finley's Lawn and Pest is committed to respecting your privacy and protecting personal information you share with us. This Privacy Policy describes the types of information Finley's Lawn and Pest may collect from or about you (whether via the Finley's Lawn and Pest Interactive Network or otherwise), the treatment of such information, and the choices you have regarding our collection and use of such information, and your ability to review and update your information. By submitting your information to Finley's Lawn and Pest, you expressly give Finley's Lawn and Pest permission to receive, store, process and use such information in accordance with this Privacy Policy. This Privacy Policy also constitutes part of the Terms of Use that govern your use of the Finley's Lawn and Pest Interactive Network. In addition, this Privacy Policy constitutes part of the terms and conditions (such as official rules) that govern your participation in any and all events and activities offered or sponsored by Finley's Lawn and Pest.
Notice to California Residents - Your California Privacy Rights:
Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the "Shine the Light" law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual's personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer's personal information for third-parties' direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer's personal information for third-parties' direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (2) notifying the customer of his/her right to opt out and providing a cost-free means for the customer to exercise that right.
Any request for a disclosure required under this law should be sent to us via mail to at Finley's Lawn and Pest, LLC , Attn: CSC/Opt Out, 515 Madison, Fredonia, KS 66736, USA. Please note that under this law, Finley's Lawn and Pest is not required to respond to a customer's request more than once in a calendar year, nor is Finley's Lawn and Pest required to respond to any request that is not sent to the email address designated above.
You may also Opt-Out of Marketing Communications from Finley's Lawn and Pest by sending an email to Info@FinleyLawnandPest.com. Please include the email address of the account and the first and last name of the account owner. We may contact you for clarifications as part of this process.
Finley's Lawn and Pest will endeavor to honor your request promptly after receipt.
Personally Identifiable Information ("PII") is any information that can identify or is linked to a specific individual, such as your name, mailing address, telephone number (including mobile number), email address, credit card number, debit card number, bank account number and other financial account information, birth date, gender, occupation, personal interests, demographic, location and household information, etc. To the extent you voluntarily provide your PII to us, we collect such information. For example, as permitted by law, Finley's Lawn and Pest may collect PII from you when you:
Engaging in an Identification Activity is a voluntary activity on your part. If you elect to engage in an Identification Activity, Finley's Lawn and Pest may ask you for certain PII. Depending on the activity, some of the information Finley's Lawn and Pest asks you to provide may be identified as mandatory and some may be identified as optional. If you do not provide the mandatory information for a particular Identification Activity which requires it, you will not be able to engage in that activity. In addition, if you use the Finley's Lawn and Pest Interactive Network to send information to another person (e.g., a friend, a family member, etc.), Finley's Lawn and Pest will also collect PII of that other person to the extent disclosed by you.
Aggregate and Anonymous Information ("AAI") is any information that cannot identify or be linked to a specific individual. For example, Finley's Lawn and Pest may collect anonymous group data (demographics, online browsing habits, interests and preferences, etc.) about users of our printing tools and services, users and members of the Finley's Lawn and Pest Interactive Network, etc. (collectively, "Users"). Finley's Lawn and Pest also collects aggregate traffic data pertaining to the Finley's Lawn and Pest Interactive Network, such as: total page views in a given time period; total impressions; average amount of time that Users spend on the Finley's Lawn and Pest Interactive Network (or a part thereof) each time they visit; average amount of time that Users spend on each page of any one or more parts of the Finley's Lawn and Pest Interactive Network; percentage of Users from a certain geographical area, etc. Moreover, Finley's Lawn and Pest may combine "User Activity Information" (as described below) about you and other Users of the Finley's Lawn and Pest Interactive Network to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our Users as a group. Finley's Lawn and Pest also collects location-based information such as zip code, city and state name. In addition, Finley's Lawn and Pest may take PII and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to "anonymize" or "de-personalize" your information.
As a general matter, Finley's Lawn and Pest uses information (PII and AAI) collected from and/or about our Users to improve our products and services so that they are appealing to as many people as possible, to administer and maintain operations of the Finley's Lawn and Pest Interactive Network, to offer, market and advertise products and services (including those from third parties outside Finley's Lawn and Pest with whom we do business (collectively, "Business Partners")) to our Users, to administer and manage transactions and relationships with our Users, to personalize user experiences for our Users, and to build a strong community for our Users.
2.1.1 Transactional, Administrative, and Customer Relation Purposes
If you provide information to Finley's Lawn and Pest in connection with an Identification Activity, Finley's Lawn and Pest will process and use your information for all purposes related to that activity, including communicating and interacting with you in relation to your activity. For example: (1) if you sign up for a product or service of the Finley's Lawn and Pest Interactive Network, Finley's Lawn and Pest will use your information to set up, administer, service, and communicate with you regarding your account; (2) if you register to enter one of our contests or sweepstakes, Finley's Lawn and Pest will use your information to process your entry and to conduct and administer the contest or sweepstake (including communicating with you in the event you are selected as a winner); (3) if you join one of our mailing or contact lists, Finley's Lawn and Pest will use your information to send you or contact you with information that you have requested or that may be of interest to you; and (4) if you order a product or service from Finley's Lawn and Pest, your information will be used to process and fulfill your order, to communicate with you regarding the same, and to provide customer service to you. Also, if you provide your email address or mailing address to Finley's Lawn and Pest, such address may be used to send you notices of a transactional, administrative or relationship nature or as required by law, such as notification of a material change in this Privacy Policy and/or the Terms of Use for the Finley's Lawn and Pest Interactive Network, notification of an actual or suspected security breach that affects your information stored by or for Finley's Lawn and Pest, public relations announcements, etc.
2.1.2 Marketing & Advertising Purposes
(1) Email marketing: If you provide your email address or mailing address to Finley's Lawn and Pest (such as by joining one of our mailing lists), such an address may be used to send you product and service offers, promotions, and advertisements from Finley's Lawn and Pest and/or from our Business Partners. See Section 3.2 below regarding how to opt-out of Finley's Lawn and Pest’s email marketing.
(2) Mobile marketing: Subject to your prior opt-in consent, Finley's Lawn and Pest may (i) send marketing and advertising messages via SMS (Short Message Service), MMS (Multimedia Message Service), etc., to your mobile device and/or (ii) send marketing and advertising emails to your wireless email account, to inform you about product/service offers, promotions, and advertisements from Finley's Lawn and Pest and/or from our Business Partners. See Section 3.2 below regarding how to opt-out of our mobile marketing.
2.1.3 Market Research Purposes
Finley's Lawn and Pest may use AAI (including AAI derived from PII) to conduct market research and analysis for ourselves as well as for our Business Partners.
2.2 Disclosure to Third Parties Outside Finley's Lawn and Pest
2.2.1 Disclosure to our Business Partners
Except as set forth below, Finley's Lawn and Pest will never knowingly disclose your PII to a third party.
2.2.2 Disclosure to our Service Providers
Finley's Lawn and Pest may disclose PII and AAI to our outside vendors and contractors who need to access such information in order to perform services (including, without limitation, transaction/payment processing, order fulfillment, contests and sweepstakes administration and prize fulfillment, data research and analysis, data collection and processing, data storage, data security, hosting and technical support for the Finley's Lawn and Pest Interactive Network, and marketing and advertising support) for us (collectively, "Service Providers"). Finley's Lawn and Pest requires that our Service Providers use your information shared by Finley's Lawn and Pest solely for the purposes of performing services for Finley's Lawn and Pest and that they maintain the confidentiality, security, and integrity of such information and not further disclose the information to others.
2.2.3 Disclosure under other circumstances
Finley's Lawn and Pest may disclose PII and AAI to others if doing so is required by law or, in our good faith belief, is reasonably necessary to: (1) comply with legal process (including a court order or subpoena); (2) cooperate with law enforcement; (3) enforce this Privacy Policy and/or the Terms of Use for the Finley's Lawn and Pest Interactive Network; (4) respond to an emergency; or (5) protect the rights, property or safety of Finley's Lawn and Pest, one or more members of our Users, and/or the public. In addition, Finley's Lawn and Pest may transfer PII and AAI as part of our assets if Finley's Lawn and Pest (or parts of our businesses) are, sold or transferred to, merged with, or acquired by, a third party. Upon such transfer, the privacy policy of the acquiring entity may govern the further use of your information.
2.2.4 Unrestricted disclosure of AAI
Given the anonymous, non-personally identifiable nature of AAI, there are no restrictions under this Privacy Policy on how Finley's Lawn and Pest may use, disclose, sell, or otherwise share such information. For example, Finley's Lawn and Pest may freely share Aggregate and Anonymous Information (AAI) with our Business Partners who may use such data for their own marketing, advertising, research, or other business purposes. Finley's Lawn and Pest may also freely share AAI with our Service Providers in order for them to perform services to Finley's Lawn and Pest.
3. Information Access & Opt-Out
3.1 Information Access
If you have an active user account on the Finley's Lawn and Pest Interactive Network, you may access and update your user account information and preferences at any time (subject to the scheduled maintenance of the Finley's Lawn and Pest Interactive Network), by logging into your account and clicking on "My Account" and then changing your preference.
If you do not have an active account on the Finley's Lawn and Pest Interactive Network, or if you have provided your information to Finley's Lawn and Pest offline, you may request to access, delete, update and correct your information as stored by Finley's Lawn and Pest, by sending your request to us at Finley's Lawn and Pest, LLC, Attn: CSC/Opt-Out, 515 Madison, Fredonia, KS 66736, USA. Your request will be processed as soon as possible.
You may request a list of the personally identifiable information Finley's Lawn and Pest has in its records about your account. To request this list please send an email to from Finley's Lawn and Pest by sending an email to Info@FinleyLawnandPest.com. Please include the email address of the account and the first and last name of the account owner. We may contact you for clarifications as part of this process.
To request an electronic, machine-readable, version of the personally identifiable information that Finley's Lawn and Pest has about your account please send an email to Info@FinleyLawnandPest.com. Please include the email address of the account and the first and last name of the account owner. We may contact you for clarifications as part of this process.
3.2 Opt-Out
You can opt-out of all our marketing uses (including email marketing, mobile email marketing, and mobile message marketing) of your PII by sending your request via email at Finley's Lawn and Pest , LLC, Attn: CSC/Opt-Out, 515 Madison, Fredonia, KS 66736, USA.
You may also Opt-Out of Marketing Communications from Finley's Lawn and Pest by sending an email to Info@FinleyLawnandPest.com. Please include the email address of the account and the first and last name of the account owner. We may contact you for clarifications as part of this process.
Finley's Lawn and Pest will endeavor to honor your request promptly after receipt.
In addition, with respect to certain marketing uses of your PII, you may exercise your opt-out choice through the following alternative methods:
HOWEVER, please note the following:
For email communications, your opt-out will stop further marketing and promotional emails from us BUT will NOT stop email communications from Finley's Lawn and Pest relating to your Identification Activity, of a transactional, administrative or relationship nature, or as required by law, such as notification of a material change in this Privacy Policy and/or the Terms & Conditions for the Site, notification of an actual or suspected security breach that affects your Personal Information stored by or for Finley's Lawn and Pest, etc.
For telemarketing, your opt-out will stop further marketing calls from Finley's Lawn and Pest but will NOT stop calls from us relating to your Identification Activity of a transactional, administrative or relationship nature, or as required by law, such as notification of a material change in this Privacy Policy and/or the Terms & Conditions for the Site, notification of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.
Data retention
Finley's Lawn and Pest will retain your PII for as long as your account is active or as needed to provide you products or services, and as necessary to comply with our legal obligations, resolve disputes, and enforce agreements. AAI and AAI may be retained indefinitely.
To request that Finley's Lawn and Pest erase all of the personally identifiable information it has about your account please send an email to Info@FinleyLawnandPest.com. Please include the email address of the account and the first and last name of the account owner. We may contact you for clarifications as part of this process. Please note that the erasure of your data is permanent and irreversible.
4. Protecting Children
Finley's Lawn and Pest takes special care to protect the safety and privacy of children. All products and services of the Finley's Lawn and Pest Interactive Network are intended for general audiences and are NOT directed to children. Finley's Lawn and Pest does not knowingly permit children under age 13 to register on the Finley's Lawn and Pest Interactive Network for any product or Service. Finley's Lawn and Pest does not knowingly collect or solicit Personally Identifiable Information about Users under age 13.
Children under age 13 should always ask their parents or guardians for permission before providing any Personally Identifiable Information to anyone online or through mobile devices. Parents and legal guardians should participate in your child's online and mobile activities and use parental control or other Internet and/or mobile filtering technology to supervise your child's access to the Internet.
5. Cookies & Similar Technology
To improve the user experience on our website and enable you to use certain features in order to show suitable products or conduct market research, some pages of this website use cookies. A cookie is a small text file which is stored automatically on your device. Some of the cookies we use are deleted after you close your browser (“session cookies”). Other cookies are stored in your device and enable us to recognize your browser when you visit us again (“persistent cookies”). Targeting or advertising cookies are used to deliver ads relevant to you on 3rd party apps and websites. By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies or see the links below. To check the cookie storage period, you can use the Overview function in the cookie settings of your web browser. You can configure your browser for it to inform you whenever a page uses cookies and decide on a case-by-case basis whether to accept or reject the cookies on a given website or generally. Every browser has a different policy for managing cookie settings. The browsers’ policy is described in the Help menu of every browser and explains how you can change your cookie settings.
Useful links for browsers:
Please note that disabling cookies may limit your access to some features of our websites.
In addition, Finley's Lawn and Pest may use so-called "pixel tags," "web beacons," "web bugs," "clear GIFs," etc. (collectively "Web Beacons") to collect AAI about your activities on the Finley's Lawn and Pest Interactive Network. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like cookies, Web Beacons enable Finley's Lawn and Pest to track pages and content (including ads) accessed and viewed by users. Also, when Finley's Lawn and Pest sends HTML-formatted (as opposed to plain text) emails to our Audiences, Web Beacons may be embedded in such emails to allow Finley's Lawn and Pest to monitor readership levels so that Finley's Lawn and Pest can identify aggregate trends and individual usage to provide our Users with more relevant content or offers. Web beacons in emails may recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
5.1 Use of Cookies & Similar Technologies by Third-Party Advertisers
Finley's Lawn and Pest may use third-party advertising companies including so-called "network advertisers" or "ad networks" (hereinafter collectively as "Third-Party Advertisers") to serve ads and manage ads on the Finley's Lawn and Pest Interactive Network. When you use or interact with a product or service of the Finley's Lawn and Pest Interactive Network, such Third-Party Advertisers may use cookies and Web Beacons to collect AAI about your activities on the Finley's Lawn and Pest Interactive Network and to serve interest-based ads directly to you. For more information regarding the data practices of some of these Third-Party Advertisers and how to opt out of their use of your information, please click
5.2 Third Party Functionalities
The Finley's Lawn and Pest Interactive Network contains links to and/or enables certain third-party functionalities to enhance your experience, including, without limitation, social plug-ins, tools and APIs. Prior to using any third-party functionality (e.g., Facebook "Like" button) on the Finley's Lawn and Pest Interactive Network, you should consult the privacy notices of the third-party providers of such functionalities (including Facebook and its Custom Audience Tool), as Finley's Lawn and Pest has no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from this Privacy Policy, and Finley's Lawn and Pest makes no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them and are at your own risk.
To learn more about how to opt-out or change your ad targeting preferences with facebook, visit https://www.facebook.com/ads/preferences/
Use of Google Analytics for web analytics
For the purpose of website analytics, Finley's Lawn and Pest.com website uses Google Analytics, a web analytics service provided by Google LLC (www.google.com). Google Analytics uses methods such as cookies that enable an analysis of your use of our website. The information collected automatically by cookies is transmitted to and stored on a Google server in the United States. IP anonymization is enabled on this website. Generally, Google does not associate the anonymized IP address, transmitted from your browser through Google Analytics, with any other data held by Google.
Please keep in mind that when you provide information to Finley's Lawn and Pest on a third-party site or platform (e.g., via a Finley's Lawn and Pest-branded application that operates on a third-party site or platform), information you provide may be separately collected by the third-party site or platform. Information Finley's Lawn and Pest collects is covered by this Privacy Policy and the information a third-party site or platform collects is subject to such third-party site or platform's privacy policies and practices. Privacy choices you have made on a third-party site or platform will not apply to Finley's Lawn and Pest’s use of the information Finley's Lawn and Pest has collected directly through our own sites and platforms, unless Finley's Lawn and Pest’s expressly states otherwise.
PLEASE NOTE that if you erase or otherwise alter your browser's cookie file (including upgrading certain browsers), you may need to opt-out again. PLEASE NOTE also that opting out of the ad-serving cookie does not mean that you will stop seeing pop-up ads or banner ads embedded in websites. You can control many pop-ups by using free software available on the Internet or by disabling JavaScript on your browser.
If you wish to disable cookies selectively or entirely, you may do so through your individual browser options or using special software. More detailed information about cookie management with specific web browsers can be found at the browsers' respective web sites.
6. Data Security
Protecting the security of the Personally Identifiable Information that you share with Finley's Lawn and Pest is of the utmost importance to us. All communication via Web Browser between consumers and Finley's Lawn and Pest are encrypted using the Secure Socket Layer (SSL) protocol. All consumer information is stored in a database in a secure environment which is only accessible by key Finley's Lawn and Pest personnel. Finley's Lawn and Pest utilizes multiple layers of security to protect our consumer data that include firewalls, secure connections, public and private keys.
By providing your email address to Finley's Lawn and Pest (whether on the Finley's Lawn and Pest Interactive Network or otherwise), you acknowledge and agree that Finley's Lawn and Pest may notify you by email in the event of a breach of security involving your Personally Identifiable Information.
Keep your password in a safe place and do not divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place, such as a library or an Internet cafe.
7. Links to Third-Party Sites, Services or Products
The Finley's Lawn and Pest Interactive Network contains links to sites operated and maintained by third-parties, as well as links to products and services (including software) provided by third-parties. For example, the Finley's Lawn and Pest Interactive Network may display third-party ads, and clicking on such ads will take you to the websites of those advertisers. Finley's Lawn and Pest has no control whatsoever over such third-parties, their Internet sites, or their products or services. Once you enter a third-party site, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policies and practices of that third party. Third-party sites do not follow our Privacy Policy and their privacy practices may be substantially different from this Privacy Policy. Such third-party sites may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third-party sites, services or products entirely at your own risk. You should always review and understand the privacy policies and practices for such a third-party site, service or product before disclosing any personal information on such site or in exchange for such product or service.
8. Changes to Privacy Policy
From time to time, Finley's Lawn and Pest may change this Privacy Policy in whole or in part, to accommodate new technology, industry practices, regulatory requirements or for other purposes. Finley's Lawn and Pest will provide notice to you if these changes are material and, where required by applicable law, Finley's Lawn and Pest will obtain your consent. If you are a registered user or member of the Finley's Lawn and Pest Interactive Network (e.g., any of our social networking services), Finley's Lawn and Pest may notify you of material changes to this Privacy Policy via email and/or may ask you to affirmatively acknowledge and consent to such changes (e.g., by checking a box or clicking a button) at the time of your next account login on the Finley's Lawn and Pest Interactive Network.
The effective date of this Privacy Policy is November 01, 2019
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Finley’s Lawn and Pest Terms of Use
01 September 2019
Welcome to the Finley’s Lawn and Pest Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.FinleyLawnandPest.com or through Facebook.com/FinleysLawnandPest. “Service” refers to the Company’s services accessed via the Site, in which users can View Services, Contact Us, and Request Quotes. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.
The following Terms of Use apply when you view or use the Service via our Website at www.FinleyLawnandPest.com or through facebook.com/FinleysLawnandPest.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: https://finleylawnandpest.com/t%26c%2C-privacy-policies) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
ABOUT THE SERVICE
The Service allows you to View Services, Contact Us, and Request Quotes.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least [13 years old] and a resident of the United States to register for and use the Service.
USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
· access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
· collect or harvest any personal data of any user of the Site or the Service
· use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
· distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
· use the Service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· intentionally allow another user to access your account;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
· circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
· publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at 515 Madison Ave, Fredonia, Ks 66736:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Kansas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to Info@FinleyLawnandPest.com or mail to the following postal address:
Customer Support
515 Madison Ave
Fredonia, KS 66736
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Kansas, without regard to conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://finleylawnandpest.com/t%26c%2C-privacy-policies REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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