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Terms of Service Page

We believe that great service starts with clear communication. Below you will find the Terms of Service. But if you click Read more, we can show you the "why" behind our Terms. The "Why" Behind Our Policies: A Guide for Our Clients At Lawnsmiths LLC, our goal is to provide you with the most reliable, high-quality landscape care possible. Like any professional business, we have a Terms of Service agreement. While legal documents can sometimes sound a bit strict, every single rule we have in place exists to protect your property, keep our crews safe, and ensure we can deliver on our promises to you and your neighbors. Here is a simple breakdown of why we use the guidelines we do: 1. Overview & General Terms Why we have them: We believe in transparency. Setting clear ground rules from day one ensures that we are always on the same page. Whether it is just our core team or a trusted subcontractor helping out, these basics guarantee you receive consistent, professional care. 2. Scope of Services Why we clearly define our work: We want to give your property the focused time and attention it deserves. By strictly scheduling exactly what services we are performing each day, we ensure our crews never have to rush. Asking that all extra work requests go through the office (rather than asking the crew on-site) keeps our daily routes running smoothly so that no client is left waiting. 3. Property Conditions & Client Responsibilities Why we ask for a clear yard: This is entirely about safety and respect for your belongings. Commercial mowers are incredibly powerful machines. Asking you to clear toys, hoses, and unmarked wires ensures we don't accidentally destroy your property or damage our equipment. Why we have a strict pet waste policy: Hitting pet waste with a mower creates an unsanitary environment for our hard-working crew and requires a massive cleanup before we can visit the next client’s home. We need this to protect our team's health and keep our daily schedule on track. 4. Billing, Pricing & Payment Terms Why we use Seasonal Billing: We want your billing to be as predictable as possible. By taking the total cost of your seasonal care and breaking it into flat, even payments, you never have to guess what your bill will be. This also protects your lawn! If it rains for three days straight, running heavy mowers will tear up your turf. Seasonal billing means we can skip a week to protect your grass without disrupting your payment schedule—it all balances out over the year. Why we have late fees: We are a local business that relies on predictable cash flow to maintain our top-of-the-line equipment and pay our dedicated crew on time. Prompt payments allow us to focus 100% of our energy on making your yard look beautiful, rather than tracking down missing invoices. 5. Cancellation, Default & Renewal Why we use Automatic Renewal: Spring is our busiest season, and our routes fill up incredibly fast. We use auto-renewal as a courtesy to guarantee you a secure spot on our route year after year without the hassle of signing new paperwork. Why we have cancellation policies: When we commit to your property for the season, we are reserving a permanent spot for you and turning away other potential clients. Our cancellation terms protect the stability of our small business and ensure we can honor our commitments to the staff we hire for the season. 6. Digital & Website Terms Why we use digital agreements: We want to make working with us as effortless and eco-friendly as possible. Using digital quotes and electronic signatures saves you the hassle of printing, scanning, or mailing paperwork. 7. Liability & Governing Law Why we outline liability: We treat your home with the utmost care and carry full commercial insurance for your peace of mind. However, maintaining a living, breathing landscape is a partnership. We outline our liability so we both know our roles—we promise to maintain your yard professionally, and we rely on you to water your plants and notify us quickly if any accidental property damage ever occurs. A Final Note From Our Team: At the end of the day, we are just good, hardworking people who take immense pride in our local community and want to make your property look its absolute best. We use these standardized terms not to be rigid, but to guarantee that every single client receives the exact same high-quality service, reliability, and protection across the board. If you have any other questions, concerns, or just want to chat about your lawn care goals, please do not hesitate to reach out to our office. Thank you in advance for trusting Lawnsmiths LLC with your landscape. We truly look forward to working with you!

Terms of Service

1. OVERVIEW & GENERAL TERMS

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OVERVIEW

This website is operated by Lawnsmiths LLC. Throughout the site and in all Service Agreements, the terms “we”, “us”, and “our” refer to Lawnsmiths LLC or our subcontractors. The terms “you”, "your" “Client”, “User”, and “Property Owner” refer to you, the User of this website and/or the party for which our professional services (“Service” or “Services”) are rendered.

 

The physical location where Services are to be performed is referred to as the “Property”. Any contract, quote, or estimate agreed upon for such Services is referred to as the "Agreement" or "Service Agreement". ​ Lawnsmiths LLC offers this website and our Services to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site, requesting a quote, or accepting our Service, you agree to be bound by these Terms of Service (“Terms”). These Terms apply to all Users of the site and any Service Lawnsmiths LLC offers. If you do not agree to all the terms and conditions of this Agreement, you may not access the website or use our Services.

 

Any new features or tools added to our current platform shall also be subject to these Terms. We reserve the right to update or replace any part of these Terms of Service by posting changes to our website. Your continued use of or access to the website or our Services following the posting of any changes constitutes acceptance of those changes. ​

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Subject to change, our website and quoting software are hosted by Wix and Jobber, and payment processing is hosted by Stripe, Inc.

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ONLINE STORE TERMS / SERVICE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our Services or products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright and local property laws). A breach or violation of any of the Terms will result in the immediate termination of your Services.

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GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your information (not including credit card information) may be transferred unencrypted across various networks to conform to the technical requirements of our software platforms. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service, or access to the Service, without express written permission by us. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

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SUBCONTRACTORS: Lawnsmiths LLC reserves the right to hire independent subcontractors to perform specific Services under this Agreement. Lawnsmiths LLC remains responsible for ensuring that any subcontracted work meets our professional standards and complies with these Terms of Service.

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2. SCOPE OF SERVICES

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PRODUCTS OR SERVICES:

Scope of Material: Lawnsmiths LLC strictly performs Services on organic landscape material (e.g., turf, leaves, branches, soil). Our responsibility is to maintain this organic material. We are not a waste management company, and the removal or management of trash, litter, or non-organic debris is entirely outside our scope of work.

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Client Responsibility: Please ensure the lawn is clear of toys, garden tools, hoses, grills, trash, and other obstacles before our crews arrive. We are not responsible for damage to these items or to faulty/improperly installed irrigation heads. Dog waste must be completely cleared prior to Service; if encountered during a visit, fees will apply as outlined in Section 3.

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  • Lawn Maintenance: Includes mowing, string trimming, and blowing. Edge maintenance bordering hardscape areas is completed every other visit. An initial surcharge may apply if your edges have not been maintained prior to our first Service. 

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​OVERGROWN TURF (THE "DOUBLE MOW" SURCHARGE): If the grass being cut is 6 inches or taller between scheduled visits (which frequently occurs with bi-weekly Service during peak growing seasons), the Service will require a "double mow" and/or slower operational speeds. A surcharge of 50% to 100% (at the discretion of the Service Provider) of the standard Service rate will be automatically added to the invoice for that visit to account for the extra fuel, labor, and equipment wear. This surcharge applies with or without prior documentation. If you are on a weekly schedule and extreme environmental factors cause excessive growth, a surcharge of approximately 50% may still apply. (Note: Turf that becomes severely overgrown due to a Service suspension is handled separately under the hourly recovery rate outlined in Section 5).

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  • Spring Cleanups: Includes organic material cleanup, leaf cleanup, and winter debris removal for lawn and planting areas.

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  • Pruning/Trimming: Performed twice per year (ordinarily during mid-June and early September) to maintain healthy, attractive plants. Pruning and trimming Services are strictly limited to shrubs, hedges, and ornamental trees reachable with standard ground-level landscaping equipment (typically under 10-12 feet in height). Any work requiring climbing, bucket trucks, or specialized arborist equipment falls outside the scope of general maintenance and will require a separate tree Service estimate.

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  • Mulch: Application of brown, red, or black colored mulch, cedar mulch, or shredded hardwood to enhance landscape appearance, retain moisture, and slow weed development.

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  • Fall Cleanups: Includes Leaf cleanup from landscaping areas and the lawn during October and November. This Service is billed at a per-man-hour rate of $75.00 USD with a 2 man hour minimum.

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  • Additional Services: Any and all additional Services or products offered, sold, or performed by Lawnsmiths LLC, its agents, employees, or subcontractors, shall be strictly bound by these Terms of Service.

 

DISCRETIONARY PROPERTY MAINTENANCE: While Lawnsmiths LLC is providing Service to your Property under an agreed plan, our name and reputation are associated with the work performed. To maintain your Property’s appearance and ensure our team can safely and effectively perform your scheduled maintenance, additional Services may occasionally be required, such as, but not limited to, shrub trimming, sidewalk edging, or leaf cleanups.

You agree to either maintain these areas yourself or make other arrangements for their upkeep. If necessary maintenance is not completed in a reasonable amount of time or begins to interfere with our ability to properly execute our scheduled Services, Lawnsmiths LLC reserves the right to skip and/or suspend regular maintenance visits (which will still be billed according to your Agreement) until the Property is cleared. Alternatively, we can provide a quote for these additional Services at our standard hourly rate, which must be approved by you prior to the work being performed and added to your invoice.

Lawnsmiths LLC will document any areas of concern with photographs, which you may request at any time, subject to availability.

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ON-SITE WORK REQUESTS AND SCOPE CHANGES: To ensure scheduling efficiency and accurate billing, all requests for changes, additions, or extra work outside of your scheduled Service must be routed directly through our main office via email (lawnsmithpro@gmail.com). On-site crew members are strictly prohibited from altering the scope of work, negotiating pricing, or approving additional unbilled labor while on the Property.

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3. PROPERTY CONDITIONS & CLIENT RESPONSIBILITIES

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OBSTACLES, OBSTRUCTIONS AND OTHER HAZARDS:

If we are unable to access or complete any part of your Property during a scheduled visit due to obstacles or unsafe conditions caused by neglect, inattention, or intentional actions, the full Service fee will still apply. 

Common hazards and obstacles include, but are not limited to: toys, tools, garden hoses, pet waste, sharp objects, faulty irrigation, trash, non-organic materials or unsecured animals. If these or similar items interfere with Service or cause equipment damage, additional charges, repair charges, default or cancellation may apply. Lawnsmiths LLC is not responsible for damage to such items during Service.

It’s the Property Owner's responsibility to ensure the work area is safe. This includes removing hazards and securing anything that could pose a risk to our team—whether animals, debris, unsafe footing, or other dangers. If an employee is harmed due to an unsafe condition resulting from neglect, the Property Owner shall be responsible for related costs, including medical or labor expenses.

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UNDERGROUND UTILITIES AND WIRES: Lawnsmiths LLC is not responsible for damage to unmarked, improperly installed, or shallowly buried utilities, wires, or lines. This includes, but is not limited to: invisible dog fences, landscape lighting wires, unprotected power lines, irrigation lines, and internet/cable lines. It is the Property Owner's responsibility to clearly mark these items or notify our office prior to any Services that involve edging, digging, aeration, or mulch installation.

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LIABILITY FOR WORKPLACE HAZARDS: If any health issues arise for our employees, agents, or subcontractors due to Client negligence, or if any mechanical damage occurs to our equipment—whether owned, leased, or rented—related to Services performed on the Client’s Property, the Client agrees to cover all associated costs. This includes repair expenses, medical bills, attorney fees, and lost wages.

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PROPERTY LINES AND BOUNDARIES: The Client warrants that all Property lines, boundaries, and right-of-ways are accurately represented to Lawnsmiths LLC. The Client assumes all personal, financial, and legal liability for any Services requested and performed across boundary lines, on neighboring properties, or within municipal conservation areas and wetland buffer zones. Lawnsmiths LLC is not responsible for municipal fines or neighbor disputes arising from improperly identified Property lines.

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DAMAGE TO PROPERTY: Lawnsmiths LLC operates with utmost care and carries commercial liability insurance to protect your Property. However, in the event that our equipment causes direct physical damage to permanent Property (such as siding, windows, or vehicles), the Client must report the damage to our office in writing within 48 hours of the Service date. Lawnsmiths LLC will not be held liable for any damage claims reported outside of this 48-hour window.

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Dog Feces Fees:

  • 1st occurrence: $50

  • 2nd and subsequent occurrences: Full cost to clean equipment, trailer, and tools, including labor at $75 per hour and any materials or professional cleaning Services Lawnsmiths LLC requires and/or service suspension and cancellation as outlined in Section 5.

Trash and other Debris:

  • If Lawnsmiths LLC chooses to clean non-organic debris to complete a Service, cleanup will be billed at an hourly rate of $75 per man hour (one hour minimum) in addition to a disposal fee appropriate to the amount of material collected. ($25 per bag of trash)

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RIGHT TO ENTER PREMISES: Lawnsmiths LLC, including its employees, agents, and subcontractors, may, at any reasonable time (7am-5pm), enter the Property for the purpose of completing, inspecting and/or making repairs to, the Service agreed upon.​

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RIGHT TO PHOTOGRAPH: Client shall permit Lawnsmiths LLC or person(s) employed or engaged by Lawnsmiths LLC, without compensation or consideration to Client, to take ground-level and aerial/drone photographs and video of the Property site. This includes documentation of completed Service, Service in progress, and/or before Service, for purposes including, but not limited to, site mapping, publication in print media, publication via the Internet, confirmation of Service completion, and use in marketing materials. Such media and accompanying descriptions shall not identify the Client by name or list the exact Property address without the express written consent of the Client.

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SIGNAGE: The Client agrees to allow Lawnsmiths LLC, its agents, or employees to install temporary signage, including lawn signs and banners, on or near your Property, without compensation or consideration to the Client, for the purpose of promoting our business. Such signage may be removed after 14 days following the completion of a project or Service.

 

4. BILLING, PRICING & PAYMENT TERMS

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Prices for our products are subject to change.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Service.

​Note: Active, signed Service Agreements will be honored according to their specific contractual terms and these Terms of Service.

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FUEL SURCHARGE: In cases where the cost of fuel (high grade) exceeds $4 per gallon, a fuel surcharge will be applied. This surcharge will be $2 per visit when fuel prices are above $4 per gallon, $3 per visit when fuel prices exceed $4.50 per gallon, $4 per visit when fuel prices are above $5 per gallon, and so forth.

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MATERIAL COST FLUCTUATIONS: For projects requiring the installation of physical materials (including, but not limited to, mulch, soil, seed, or hardscape supplies), quotes and estimates are based on the current market price of those goods. In the event of a significant raw material price increase from our suppliers between the time an estimate is accepted and the time of installation, Lawnsmiths LLC reserves the right to pass that specific material cost increase onto the final invoice. We will make every reasonable effort to notify the Client of significant material price spikes before proceeding with the work.

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PAYMENT TERMS: Lawnsmiths LLC reserves the right to invoice and/or charge any known payment method for the Client, including but not limited to: payment method on file, check routing and account information, and ACH transfer, for payment of balances owed for Services rendered, products sold, and/or fees incurred by the Client. If invoiced, the invoice will be sent electronically after the last scheduled Service of each month. Payment in full is due upon receipt of the invoice. If payment is not received within 5 days of the invoice date, an initial late fee of $45.00 will be assessed. If the balance remains unpaid 7 days after the invoice date all scheduled route Services will be immediately suspended. During any period of Service suspension due to non-payment, the Client remains fully responsible for their standard scheduled payments. If the account remains in default, Lawnsmiths LLC reserves the right to cancel the Agreement entirely, as outlined in Section 5. Returned checks will be subject to a $30.00 fee.

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CASH DISCOUNT: Please note that all standard invoiced pricing reflects a built-in cost for standard payment processing. We offer a 3.9% cash discount for payments made strictly via physical cash. This discount does not apply to payments made via credit card, debit card, ACH, or check.

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SEASONAL BILLING: Your signed Service Agreement, quote and/or estimate breaks down the total cost into convenient weekly or biweekly payments. Pricing is based on a formula reflecting the anticipated seasonal Service costs, not on the exact Services or visits. If Lawnsmiths LLC determines that Service is not needed, weather conditions prevent Service on a scheduled date, or for any other reason Service cannot or should not be performed, your weekly or biweekly payment will still be collected and applied toward your Service Agreement total.

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SCHEDULING AND WEATHER DELAYS: Routing and scheduling are highly dependent on weather conditions and geographic density. While we strive to maintain a consistent weekly or biweekly schedule, Lawnsmiths LLC does not guarantee a specific day of the week or time of day for Services. Rain, extreme heat, and acts of nature will inherently cause scheduling shifts, and we reserve the right to adjust your Service day as needed without prior notification. Furthermore, in the event of excessive severe weather (such as three or more days of rain or unworkable conditions within a single week), it may become necessary to cancel Service entirely for that week to prevent damage to your turf and our equipment. In the event of a weather-related cancellation, your standard scheduled payment will still be collected and applied toward your total seasonal Agreement, in accordance with our Seasonal Billing terms.

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OPERATIONAL DISRUPTIONS AND EQUIPMENT FAILURE: While Lawnsmiths LLC maintains our vehicles and equipment to the highest professional standards, unforeseen operational disruptions can occur. In the event of severe equipment failure, theft, vehicle accidents, or damage caused by hidden Property hazards, we will make every reasonable effort to repair or replace the necessary equipment and resume normal operations as quickly as possible. However, if such an event severely impacts our routing capabilities, we reserve the right to delay or cancel your scheduled Service for that week without penalty. As with weather-related delays, your scheduled payment will still be collected and applied toward your total seasonal Agreement.

 

5. CANCELLATION, DEFAULT, & RENEWAL

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SERVICE CANCELLATION:

Either party may cancel Services at their discretion. For Client to do so, written notice must be sent by U.S. Mail or email to lawnsmithpro@gmail.com, and must be received by Lawnsmiths LLC at least 15 days prior to the intended cancellation date.

The Client remains responsible for payment of all scheduled Services until proper written notice is received within that timeframe.

If cancellation occurs under a signed Service Agreement the Client agrees to pay 75% of the remaining balance for the current Agreement even if Services are not performed due to Client non-payment, cancellation, default, obstacles, obstructions, and other hazards. This balance becomes due on the date of cancellation.

Additionally, if the Client received a discount for booking Services in advance, that discount will be reversed. The adjusted amount—calculated from the first Service to the cancellation date—will be applied to the final bill.

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SERVICE SUSPENSION & CANCELLATION DUE TO HAZARDS OR TRASH: If your Property contains trash, obstacles, feces, unsecured animals, or hazards on two (2) or more occasions, Lawnsmiths LLC reserves the right to immediately suspend all scheduled Services.

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  • During Suspension: Your regular Service fee still applies, and no refunds will be given for prepaid Services.

  • Resuming Service & Recovery Overgrowth: To resume Service, the Property Owner must resolve the trash/hazard issue and provide documented evidence (such as photographs) to our office. If the lawn has become significantly overgrown during the suspension period, Lawnsmiths LLC will not resume standard flat-rate Service until the Property is brought back under control. This recovery work will be billed at our standard cleanup rate of $75.00 per man hour (with a 2-hour minimum). Once the Property is recovered, normal Service and standard billing will resume.

  • Failure to Resolve & Cancellation: If the trash or hazard problem remains unresolved for ten (10) days following the initial suspension, Lawnsmiths LLC reserves the right to cancel the Agreement entirely without further consideration to the Client. No refunds will be given for any prepaid Services. For non-prepaid accounts, the Client will be considered in default, and the 75% remaining balance fee for the current Agreement will be immediately collected, as outlined in the Service Cancellation provisions of Section 5.

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DEFAULT:  In the event that the Payment Amount is not received by Lawnsmiths LLC when due, the Client shall be in default of these terms and conditions and Service visits may be suspended. If Client is in default, Lawnsmiths LLC may cancel the Service Agreement, and/or may electronically debit the Client Payment Method on file for the remaining Payment Amount, without further notice as provided for by law. You, the Client, authorize Lawnsmiths LLC to electronically debit your bank account or electronically debit your credit/debit card on file according to these terms and conditions.  You acknowledge that electronic debits against your account must comply with United States Law.​

 

COSTS AND ATTORNEY'S FEES: If Lawnsmiths LLC incurs third-party costs or attorney’s fees related to the Client’s non-payment or default, the Client agrees to pay all such fees and costs. This includes, but is not limited to, all reasonable expenses associated with placing the account in collections, retaining legal counsel, court costs, and any other external expenses or legal fees related to collection efforts.

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AUTOMATIC RENEWAL: To ensure uninterrupted Service and secure your position on our route, single-season Service Agreements will automatically renew for the following season under the same terms, subject to an annual price adjustment to reflect current inflation, labor, and material costs (not to exceed 8% without requiring a newly signed Service Agreement). Lawnsmiths LLC will send a notification of renewal and any price adjustments prior to the start of the new season. Clients wishing to opt out of the automatic renewal of a single-season Service Agreement must notify us in writing before March 1st of the upcoming season.

Multi-Season Agreements: Clients who have accepted Service Agreements for multi-season or multi-year durations are bound by these exact same Terms of Service for the entirety of their agreed-upon timeframe. The annual March 1st opt-out provision is strictly prohibited during the active years of a multi-season Agreement. The automatic renewal clause, and the corresponding right to opt out by March 1st, will only take effect for the first season immediately following the conclusion of the Client's initial multi-year commitment.​

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RIGHT TO ASSIGN OR SELL AGREEMENT: The Client expressly agrees that Lawnsmiths LLC may assign, sell, or transfer your Service Agreement to another entity, organization, or individual at any time. Upon transfer, this Service Agreement will remain fully binding between you (the Client) and the third party (the Assignee), with all original terms and conditions continuing in full effect.

The Assignee will assume all rights and responsibilities under your Service Agreement, including the ability to terminate or transfer the Service Agreement in the future. The Client remains responsible for fulfilling all obligations and payments due under the remainder of the contract.

After the transfer, Lawnsmiths LLC shall be fully released from any and all obligations, claims, liability, or attorney’s fees arising from the Service Agreement, whether made by you or the Assignee.

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6. DIGITAL & WEBSITE TERMS

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ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site, other than our Terms of Service, is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Service requests if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your request).

We undertake no obligation to update, amend or clarify information on this site or on any related website, including without limitation, pricing information, except as required by law.

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PROHIBITED USES

You are prohibited from using the site, its content, acceptance of Service, or other platform: (a) for any unlawful purpose or to solicit others to perform unlawful acts; (b) to violate any federal, state, or local regulations or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information, or to post harmful, false, or negative reviews on any platform related to and/or on which Lawnsmiths LLC appears; or (f) to upload viruses, malicious code, or interfere with the security features of the Service. We reserve the right to recover damages related to violation of any of these prohibited uses and terminate your Service for violating any of the prohibited uses.

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ELECTRONIC COMMUNICATIONS AND SIGNATURES: By providing your email address and phone number, you agree to receive electronic communications, quotes, invoices, and Service Agreements from Lawnsmiths LLC. You warrant that all contact information provided to us is accurate and that you are the authorized user of the provided email address. You expressly agree that any document, quote, or Service Agreement electronically signed, approved, or accepted via our software platforms (including Jobber) shall be deemed legally valid and binding. Electronic signatures, "click-to-accept" actions, and digital approvals carry the exact same legal weight and enforceability as a physical handwritten signature under applicable state and federal laws.

 

7. LIABILITY & GOVERNING LAW

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WARRANTIES: We will do our best to provide a Service that you, the Client are satisfied with, but we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate, reliable or repeatable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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LIABILITY: Client shall indemnify and hold Lawnsmiths LLC and its employees and agents harmless from all claims of loss or damage to Property and of injury to persons occurring in, or in any way connected to the Service. Client hereby releases Lawnsmiths LLC from any and all liability of loss or damage to Client's Property arising out of Service provided or in connection to Service, theft or any other cause except for gross negligence and willful acts on the part of Lawnsmiths LLC. 

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PLANT HEALTH AND ENVIRONMENTAL FACTORS: Lawnsmiths LLC is contracted for landscape maintenance and is not responsible for the health, decline, or death of turf, shrubs, plants, or trees due to factors outside of our control. This includes, but is not limited to, extreme weather, drought, improper watering by the Property Owner, soil conditions, or infestation by insects and disease.

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FORCE MAJEURE: Lawnsmiths LLC shall not be held liable for any delay or failure to perform our obligations under this or any Service Agreement if such delay or failure is caused by events beyond our reasonable control. This includes, but is not limited to, severe natural disasters (hurricanes, earthquakes, floods), states of emergency, pandemics, labor strikes, regional supply shortages, or acts of government.

 

INDEMNIFICATION: TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, LAWNSMITHS LLC SHALL NOT BE LIABLE TO THE CLIENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFIT, LOSS OF BUSINESS OR THE LIKE) ARISING OUT OF OR RELATING TO THESE TERMS, LAWNSMITHS LLC PERFORMANCE HEREUNDER OR DISRUPTION OF ANY OF THE FOREGOING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, LAWNSMITHS LLC AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION PAID BY CLIENT TO THE LAWNSMITHS LLC FOR THE SPECIFIC SERVICE IN QUESTION.

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SEVERABILITY AND PARTIAL INVALIDITY: In the event that any provision of these Terms of Service is determined by a court of law to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion—whether it is a single sentence, phrase, or clause—shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remainder of the paragraph, nor any other remaining provisions in these Terms of Service or Service Agreement made between Lawnsmiths, LLC and the Client.

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CHANGES TO TERMS OF SERVICE: You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

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WAIVER: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The waiver by Lawnsmiths LLC of any default or breach of any covenant or duty of Client under these Terms of Service shall not be a waiver of any subsequent default or breach or of any other covenant or duty, or of any subsequent breach of the same covenant or duty.

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GOVERNING LAW: These Terms of Service and any separate Service Agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

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​BINDING EFFECT: These terms and conditions shall inure to the benefit of, and shall be binding upon the parties hereto and their respective heirs, representatives, successors and assigns. 

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ENTIRE AGREEMENT: These Terms of Service, your specific Service quote, estimate or Service Agreement, and any policies or operating rules posted by us on this site constitute the entire Agreement and understanding between you and us. These govern your use of the Service, superseding any prior or contemporaneous Agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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CONTACT INFORMATION: Questions about the Terms of Service should be sent to us at lawnsmithpro@gmail.com and/or to:

Lawnsmiths, LLC

21 Wilbraham Street, Suite A8

Palmer, MA 01069

Lawnsmithpro@gmail.com

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