ScapeWorx Landscaping & Design Inc. Terms & Conditions
BY ACCESSING AND BROWSING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE.
Website Terms and Conditions of Use
1. Acceptance Of This Agreement
Your access to and use of this website www.scapeworx.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. Changes to Website, Software, and Services
ScapeWorx Landscaping & Design Inc. reserves the right to;
- Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that ScapeWorx Landscaping & Design Inc. shall not be liable to you for any such change or removal.
- Change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that ScapeWorx Landscaping & Design Inc. shall not be liable for any such change or removal.
- Change or discontinue any promotional discount vouchers or coupon codes at anytime with notice and you confirm that ScapeWorx Landscaping & Design Inc. shall not be liable for any such change or removal.
- Change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. Links to Third Party Website’s
The Website may include links to third party website’s that are controlled and maintained by others. Any link to other website’s is not an endorsement of such website’s and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
The Intellectual Property Rights in this website and the materials on or accessible via it belong to ScapeWorx Landscaping & Design Inc.or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
‘ScapeWorx Landscaping & Design Inc.’ and the Logo are trade marks which belong to ScapeWorx Landscaping & Design Inc. , and they may not be used, copied or reproduced in any way without written consent.
For these purposes “Intellectual Property Rights” includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
6. Limitation of liability
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law,ScapeWorx Landscaping & Design Inc. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
‘ScapeWorx Landscaping & Design Inc. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of ScapeWorx for death or personal injury as a result of the negligence of ScapeWorx Landscaping & Design Inc. or that of its employees or agents.
You agree to indemnify and hold ScapeWorx Landscaping & Design Inc. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ScapeWorx Landscaping & Design Inc. arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
9. Applicable Law and Dispute
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the United States and the State of PA whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be the United States.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
11. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
What information do we collect?
We collect information from you when you register on our site, place an order or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs).
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you).
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs).
- To process transactions.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature.
- To send periodic emails.
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for more than 60 days in order to charge for recurring services.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line. When a form on our site asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind locked doors.
ScapeWorx Landscaping & Design Inc. is committed to providing the highest quality services and products for your lawn, and landscape. If for any reason you are not satisfied with the recommended services provided, ScapeWorx Landscaping & Design Inc. will work with you until you are satisfied. ScapeWorx Landscaping & Design Inc. will discuss with you options around any refund of pre-payments made and/or deduction of the cost of the last treatment.
Modification of Terms
Information and materials displayed on the website, including without limitation, product pricing, specifications, warranty and/or other information, are applicable to products sold in the United States and not necessarily to ScapeWorx Landscaping & Design Inc. products sold in other markets.
Restricted Use and Copyrights
All photographs, audio and video clips, picture images, graphics, links, website architecture, format, layout and data structures, and all other items contained on the website are copyrighted unless otherwise noted and may not be used in any manner, except as provided in these Terms or in the website text, without ScapeWorx Landscaping & Design Inc.’s prior written permission. Images of people or places and ScapeWorx Landscaping & Design Inc. products, are either property of, or used with permission by, ScapeWorx Landscaping & Design Inc.. Any unauthorized use of these materials may violate copyright, trademark and privacy laws, and other applicable statutes. You may browse this website and download or print a copy of material displayed on the website for your personal use only and not for redistribution, unless consented to in writing by ScapeWorx Landscaping & Design Inc.. This limited consent shall automatically terminate upon your breach of any of these website Terms.
ScapeWorx Landscaping & Design Inc., Belgard®, E.P. Henry®, Techo-Bloc®, Dufferin Stone®, and other ScapeWorx Landscaping & Design Inc. product names, model numbers, logos, commercial symbols, trade names and slogans are trademarks and the distinctive shapes of ScapeWorx Landscaping & Design Inc.. You are prohibited from using any of the marks appearing on this website without the express prior written consent of ScapeWorx Landscaping & Design Inc., except as permitted by applicable laws. Other marks and logos shown on this website may be marks owned by third parties not affiliated with ScapeWorx Landscaping & Design Inc. and are used with permission. Nothing shown on this website should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this website without the written permission of ScapeWorx Landscaping & Design Inc. or the third party owner. The use of any ScapeWorx Landscaping & Design Inc. logo or mark, whether registered or unregistered, as a hyperlink to this website or any other ScapeWorx Landscaping & Design Inc. website is strictly prohibited unless consented to in writing by ScapeWorx Landscaping & Design Inc..
All data contained on the website relating to third-party products or services, including but not limited to, prices, availability of service or product, product feature or service coverage, if any, should be verified with the party supplying the product or service. ScapeWorx Landscaping & Design Inc. may at any time without notice amend the data displayed on the website. While ScapeWorx Landscaping & Design Inc. endeavors to periodically update posted information, not all information may be current, and ScapeWorx Landscaping does not guarantee the accuracy or reliability of such data. Specifications on the website are for comparison purposes only. Manufacturer’s Suggested Retail Price (MSRP) excludes transportation fees, taxes, license, title, optional or regionally required equipment. Actual dealer price may vary. ScapeWorx Landscaping & Design Inc. is not responsible for any loss or damage caused by your reliance on any data contained on this website.
This website is provided as a convenience to you on an ” as is” and ” as available” basis. ScapeWorx Landscaping & Design Inc. does not warrant that your access to these website ScapeWorx Landscaping & Design Inc. will be uninterrupted or error-free. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE ScapeWorx Landscaping & Design Inc. SITES. ScapeWorx Landscaping & Design Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF ScapeWorx Landscaping & Design Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ScapeWorx Landscaping & Design Inc. assumes no responsibility and/or liability for any damages to or viruses that may infect your computer equipment or other property on account of or arising out of your use of or access to this website. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. ScapeWorx Landscaping & Design Inc.’s liability in any case shall, however, be limited to the greatest extent permitted by law.
ScapeWorx Landscaping & Design Inc. may include links to other sites on the Internet that are owned or operated by third parties, including authorized ScapeWorx Landscaping & Design Inc. dealers. When visiting these third-party sites, you do so at your own risk. You should review and determine if you agree to a particular site’s terms and conditions of use before using such site. ScapeWorx Landscaping does not control these sites and assumes no responsibility for their content. A link to a non-ScapeWorx Landscaping & Design Inc. site does not imply that ScapeWorx Landscaping & Design Inc. endorses the site or the products or services described on such sites.
Any communication or material you transmit to the website (including feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) will be treated as non-confidential and non-proprietary. All materials transmitted to the website becomes the property of ScapeWorx Landscaping & Design Inc. and may be used for any purpose. ScapeWorx Landscaping & Design Inc. may publish the material and/or incorporate it or any concepts described in it in our products without compensation, restrictions on use, acknowledgement of source, accountability, or liability.
This website is governed by and subject to the laws of the State of Pennsylvania and, where applicable, U.S. federal law.
ScapeWorx Landscaping & Design Inc.
18 C Smithbridge Rd.
Chester Heights, PA 19017