Welcome to Verdora Gardening Services ("Company," "we," "our," or "us"). These Terms of Service (the "Terms") govern your access to and use of our website, services, and applications (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
These Terms apply to all visitors, users, and others who wish to access or use our Services. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that we may publish from time to time.
Important Note: These Terms contain provisions that limit our liability and require individual arbitration for any potential legal dispute. Please read Sections 12 (Limitation of Liability) and 16 (Dispute Resolution) carefully before using our Services.
Throughout these Terms, the following definitions apply:
"Agreement" refers to these Terms of Service together with any applicable order forms, statements of work, or other binding documents.
"Content" refers to text, graphics, images, music, software, audio, video, information, or other materials.
"Services" refers to the gardening, landscaping, consultation, and related services provided by Verdora Gardening Services, including our website, mobile applications, and any related content, features, and functionality.
"User," "you," or "your" refers to the individual, company, or legal entity that accesses or uses our Services.
"User Content" refers to any Content that you submit, transmit, or upload to our Services.
"We," "us," or "our" refers to Verdora Gardening Services and its affiliates.
To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:
You must be at least 18 years of age to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old and that the information you provide is accurate and complete.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.
You may not create an account for anyone other than yourself without permission. You may not use another user's account without their express permission. You may not transfer your account to anyone else without our prior written permission.
Verdora Gardening Services provides professional gardening, landscaping, and related services. Our Services include but are not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of our Services without notice or liability.
When you engage our Services, a separate service agreement ("Service Agreement") will be established. The Service Agreement will specify:
In the event of any conflict between these Terms and a Service Agreement, the Service Agreement will take precedence with respect to the specific services described therein.
All Service Agreements are subject to our availability and our acceptance of your service request. We reserve the right to refuse service to anyone for any reason at any time.
All prices for our Services are listed on our website or provided in written estimates. We reserve the right to change our prices at any time, but price changes will not affect orders or Service Agreements that we have already confirmed.
Payment terms will be specified in your Service Agreement. Generally, we require:
We accept various forms of payment, including credit cards, debit cards, and electronic bank transfers. All payments must be made in U.S. dollars unless otherwise specified.
You are responsible for paying any applicable sales, use, value-added, or other taxes associated with your purchase of our Services. We will charge and collect taxes when required to do so by law.
If any amount owed by you is 30 or more days overdue, we may, without limiting our other rights and remedies, suspend services until such amounts are paid in full. Overdue amounts will be subject to a monthly finance charge of 1.5% of the outstanding balance, or the maximum rate permitted by law, whichever is lower.
Our cancellation and refund policies vary depending on the type of service. Specific cancellation terms will be outlined in your Service Agreement.
For scheduled services:
For ongoing projects:
We strive for complete customer satisfaction. If you are not satisfied with our services, please contact us within 7 days of service completion. We will work with you to address your concerns, which may include re-performing the service or providing a partial or full refund at our discretion.
As a condition of your use of our Services, you agree not to:
You are solely responsible for your conduct while using our Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the offending content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.
Our Services, including their entire contents, features, and functionality, are owned by Verdora Gardening Services, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All Content included as part of our Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on or in our Services, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
You may not copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any Content from our Services for any other purposes without the prior written consent of Verdora Gardening Services or the respective licensors of the Content.
We claim no intellectual property rights over the material you provide to our Services. Your profile and materials uploaded remain yours. However, by using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your Content for the limited purpose of providing our Services.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.
The Verdora Gardening Services name, the Verdora Gardening Services logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Verdora Gardening Services or its affiliates or licensors. You must not use such marks without our prior written permission.
Our Services may contain links to third-party websites or services that are not owned or controlled by Verdora Gardening Services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Verdora Gardening Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may participate in affiliate marketing and may allow affiliate links to be included on our Services. This means that we may earn a commission if you click on or make purchases via affiliate links.
We will disclose when a link is an affiliate link when required by law or regulations. However, as a general practice, you should assume that any links to products or services are affiliate links and that we will receive compensation for your purchases.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VERDORA GARDENING SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
VERDORA GARDENING SERVICES MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERDORA GARDENING SERVICES OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VERDORA GARDENING SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF VERDORA GARDENING SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES.
IN NO EVENT SHALL VERDORA GARDENING SERVICES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Verdora Gardening Services, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of our Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from our Services.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services.
We may suspend or terminate your rights to use our Services (including your account) at any time for any reason at our sole discretion, including for any use of our Services in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use our Services will terminate immediately.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes shall be in the state and federal courts located in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a consumer, you may have additional rights under the laws of your country of residence, and nothing in these Terms is intended to limit such rights.
Most concerns can be resolved quickly and satisfactorily by contacting us at info@verdoragardening.com. In the unlikely event that we cannot resolve a concern to your satisfaction, we each agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
You and Verdora Gardening Services agree to arbitrate any dispute arising from these Terms or our Services, except that you and Verdora Gardening Services are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
We may modify these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or updating the "Last Updated" date at the beginning of these Terms.
Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
We encourage you to review these Terms periodically to stay informed about our practices.
These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, shall constitute the entire agreement between you and Verdora Gardening Services concerning our Services.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Verdora Gardening Services may freely assign or transfer these Terms without restriction.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us: (i) via email; or (ii) by posting to our Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms, please contact us at:
Verdora Gardening Services
20 Cooper Square, New York, NY 10003, USA
Phone: (555) 123-4567
Email: legal@verdoragardening.com