Website (schmechtiglandscapes.com) Terms and Conditions of Use
Welcome to schmechtiglandscapes.com (“Site”). This Site is offered as a service to people interested in marketing. schmechtiglandscapes.com (“schmechtiglandscapes.com”), its subsidiaries and affiliates, and our family of companies appreciate your interest in this Site. The following terms and conditions of use (“TOU”) set forth the basic rules that govern your use of the Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU. schmechtiglandscapes.com may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted TOU.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of schmechtiglandscapes.com, or such third party licensors that may own the displayed Trademarks. Nothing contained on this Site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of schmechtiglandscapes.com or such third party licensors that may own the displayed Trademarks. Additionally trademarked terms or company names may be used and those are the trademarks of these third party companies.
3. Site Contents and Copyright
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, Submissions (as defined below), and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark, third-party licenses and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites without our written permission for uses other than those contemplated by this Site. Access to and use of this Site are allowed solely for your personal use of schmechtiglandscapes.com services, information, education, entertainment, and communication with schmechtiglandscapes.com and within the schmechtiglandscapes.com community. You may download, copy, use, modify or print certain portions of the Content of this Site for your non-commercial limited use, but only as that use relates to the school schmechtiglandscapes.com community. No right, title, or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site.
4. User Comments and Other Submissions
While schmechtiglandscapes.com desires to receive feedback from its users, please do not send schmechtiglandscapes.com any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like with expectation of receiving compensation (“Submission(s)”). schmechtiglandscapes.com is under no obligation to use or compensate you for your Submissions. schmechtiglandscapes.com will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
5. License to Use Submissions
This Site may provide you with the opportunity to submit user-generated or third-party Submissions in both public and private modes. By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity to the Submissions that you submit, that your submission of materials will be in compliance with any rules, laws, policies or guideline that apply to your school or school district, or state and federal law. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian, and school or school district to provide the photo, digital, or video image. If you make a Submission to this Site in a public mode or designate a private Submission as public, you automatically grant schmechtiglandscapes.com a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for schmechtiglandscapes.com to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sublicense that Submission to third parties for their lawful uses and purposes, including, without limitation, to adapt, perform, display, create derivative works, copy, sell and otherwise use. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission. Once offered as a public Submission, the Submission or any of its derivatives cannot be re-designated as private. If Submissions are uploaded in private mode, you will retain all rights to your Submissions.
6. No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute schmechtiglandscapes.com’s endorsement of those Submissions. schmechtiglandscapes.com is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions, and you are obligated to indemnify schmechtiglandscapes.com for any third-party claims resulting from the same.
7. Third-Party Links
To the extent that the Sites may allow third-party links, those links may direct you to third-party websites that are not affiliated with schmechtiglandscapes.com. schmechtiglandscapes.com is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
8. Copyrights and Digital Millennium Copyright Agents
9. DMCA Infringement Notification
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification 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.
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I 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
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. schmechtiglandscapes.com will remove or disable access to the content that is alleged to be infringing;
2. schmechtiglandscapes.com will forward the written notification to the alleged infringer; and
3. schmechtiglandscapes.com will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from schmechtiglandscapes.com, the alleged infringer will have the opportunity to respond to schmechtiglandscapes.com with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to schmechtiglandscapes.com’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which schmechtiglandscapes.com may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
10. Prohibited Uses
In addition to other prohibitions as set forth in the TOU, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. You represent and warrant that your use of the Site will be in compliance with any rules, laws, policies or guidelines that apply to your school or school district, and state and federal law. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
11. Registration, Accounts and Passwords
The Internet and World Wide Web by nature are unsecure environments. Although schmechtiglandscapes.com takes reasonable steps to provide for the privacy, security and integrity of the Site, schmechtiglandscapes.com cannot guard against every form of security risk, and does not represent or warrant that the Site will always remain secure. You are responsible for the personal protection and security of any password or username that you may use to access this Site, if any. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to any prohibited uses of the Site conducted under your username or password. You are obligated to immediately report a lost or stolen password or username to schmechtiglandscapes.com.
12. Site Updates
schmechtiglandscapes.com undertakes no obligation to update, amend or clarify information on this Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. schmechtiglandscapes.com reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
13. Limitations on Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT schmechtiglandscapes.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF schmechtiglandscapes.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL schmechtiglandscapes.com’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. schmechtiglandscapes.com’S AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” schmechtiglandscapes.com MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND schmechtiglandscapes.com MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO schmechtiglandscapes.com EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, schmechtiglandscapes.com DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
schmechtiglandscapes.com RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND schmechtiglandscapes.com WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD schmechtiglandscapes.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THESE TOU.
ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT schmechtiglandscapes.com AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. schmechtiglandscapes.com RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE.
schmechtiglandscapes.com may terminate the TOU at any time and may do so immediately without notice and, accordingly, refuse or terminate your access to the Site, if, in schmechtiglandscapes.com’s sole discretion, you fail to comply with any term or condition of the TOU.
18. Choice of Law and Forum
These TOU will be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Lake County, Illinois.
19. Notice and Consent to Electronic Communications
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
20. Privacy Statement
21. No other Agreements
The provisions and conditions of the TOU constitute the entire agreement between you and schmechtiglandscapes.com related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the TOU. The TOU are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the TOU after the Effective Date.
Should you have any questions concerning the TOU, or if you desire to contact schmechtiglandscapes.com for any reason, please contact info at schmechtiglandscapes.com