Effective Date: July 9, 2017
Thank you for your interest. Outdoor Network Services (“O-N-S” or “we”) provides consumers (“Consumers”) with an online platform to solicit quotes for trades and services from service professionals (“Service Providers”). We provide services and features for Consumers, Service Providers and other users (collectively, “Users”) through:
Our Water Feature Related Websites
Our Landscape Category Websites
By using the Services, you agree to these Terms. These Terms require any dispute or claim between you and O-N-S to be resolved through binding arbitration, on an individual basis and not in a class, consolidated or representative action or arbitration. These Terms also contain a disclaimer of warranties and a disclaimer of liability by O-N-S and a release and indemnification by you. Please read them carefully.
ACCEPTANCE OF TERMS
These Terms constitute a legally binding contract between O-N-S and you with respect to your use of the Services. By using or accessing the Services, including any O-N-S Property, you agree to be bound by these Terms. If you do not agree to the Terms, please do not use the Services. References to O-N-S in this Terms include O-N-S’s service providers, to the extent that those service providers are acting for or on behalf of O-N-S.
Certain features of the O-N-S Properties or certain programs made available to you through the Services may be subject to additional terms or registration requirements. If you choose to use those features or participate in those programs, you agree to be bound by any such additional terms or requirements that are communicated to you, which will be deemed to be incorporated into and be part of these Terms.
Modifications to Terms
We may modify these Terms at any time, effective immediately, by posting a revised version. Your continued use of the Services after any such changes are made will constitute your agreement to those changes. You waive any right you may have to receive specific notice of such changes.
Consent to Terms
Use of the Services is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Services is not permitted by anyone under the age of 18 (or the age of majority in your jurisdiction, if different). If you do not qualify, please do not use the Website. If you are acting on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms, and references to “you” and “your” in these Terms will refer to both you and that entity. The Services are offered for use only to Users in the United States.
Service Requests and Quotes
A Consumer is able to research and select a service provider in their area that best fits their needs through our network. The Consumer may submit a request to receive quotes for professional services (a “Service Request”) from Service Providers or may call or email that Service provider directly via the contact information listed on their service listing pages. The Service Request form is sent directly to the Service provider the consumer has selected. The Service Provider may then contact the consumer directly to discuss the work to be done and submit quotes and/or arrange appointments with the consumer to discuss/negotiate the terms and cost of the project. The terms of the project, including the price and schedule of work, is negotiated directly between the Consumer and the Service Provider. There, is no platform for quoting, negotiating legal contracts or collecting payment provided through any of the O-N-S service networks. The rights of the Service Provider and the Consumer will be governed by the contract between them (if any) and by applicable federal, state and local laws.
If you use the Service Provider, you consent to the following:
- If you submit a Service Request or Call/email the service provider you are requesting to be (and you expressly consent to be) contacted by the Service Provider whose form you submit.
- If you are a Service Provider using the Services, you are requesting to be (and you expressly consent to be) contacted by Consumers that visit our Sites.
- You agree that you may be contacted by telephone, text (SMS) messaging, email, mail or other reasonable means at any of the phone numbers or addresses you provide, even if the numbers are listed on a “do not call” list. You agree that these communications may include prerecorded, artificially voiced or autodialed telemarketing messages.
- You agree that these parties may contact you for purposes of providing the Services, marketing, servicing your account, addressing complaints, billing or other account-related matters, or other purposes reasonably related to the Services. Your consent to receive marketing communications is not required as a condition of purchasing any goods or services.
- Communications between Users or between Users and O-N-S may be monitored and recorded for quality assurance and other reasons.
Additional Terms for Service Providers
Appointment Leads. If a Consumer contacts you through the Services, indicating that he or she would like to schedule an appointment with you, you agree to contact the consumer within a “reasonable” amount of time.
Payment for Completed Work. If you do the work for the Consumer, he or she is responsible for paying you directly. If you offer a coupon in your service listings, you must honor the discount specified in the coupon.
Qualifications; Complaints; Compliance with Law. You agree to solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete that work, and to complete that work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses, authorizations, insurance and bonding required by all applicable authorities for any work you solicit, accept or perform. If you have a professional profile posted on the O-N-S Properties, you agree to immediately notify us if a Consumer notifies you that they have a complaint against you; if you receive notice of any complaint, investigation, fine or adverse action by a governmental authority with respect to your business; or if you are notified of any termination, suspension, or lapse of any professional license, insurance or bonding applicable to your business. You agree to comply with all applicable local, state and federal laws applicable to the operation of your business. You, and not O-N-S, are responsible for collecting, withholding, remitting and reporting all applicable sales, income and other taxes in connection with your business.
Information Regarding Consumers. You may not rent, sell or otherwise provide to any person or entity (other than O-N-S) the information about a Consumer that you receive through the Services, except with the Consumer’s consent or except as specifically required to provide the agreed-upon services to the Consumer. You may not use this information in any manner that would violate these Terms or for any purpose not intended by O-N-S.
Confidentiality. You agree not to disclose to any third party any confidential information of O-N-S that you receive from O-N-S. Confidential information includes information concerning O-N-S’s fees, product or marketing plans, or any other information that is not generally known to the public. Your confidentiality obligation will continue until that information is no longer confidential.
Independent Contractor. You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employment relationship with O-N-S is intended or created by these Terms or any relationship between you and O-N-S. Neither O-N-S nor you has any power or authority to make any commitment on behalf of the other. You are solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your personnel.
Suspension or Termination of Account. O-N-S reserves the right to suspend or terminate your ability to receive Service Requests or otherwise use the Services, including but not limited to as a result of default in payment obligations, at any time.
No O-N-S Liability for Users; No Guarantee
O-N-S acts only as a marketplace between Consumers and Service Providers, and is not liable for any statement, act or failure to act of any User. By way of example and not limitation, we are not liable for any injury to any person or any damages to real or personal property caused by any Service Provider or any Consumer. Service Providers are not O-N-S’s employees, contractors or agents, and we are not the agent of any Service Provider. We do not sponsor, endorse, recommend or approve any Service Provider. Although we try to confirm that Service Providers meet certain requirements and provide them with the opportunity to provide information regarding their businesses in their profiles, we are not responsible for verifying that information or for ensuring that any Service Provider is licensed, qualified, bonded or insured. We do not guarantee that any services will be satisfactorily performed or completed and we do not make any other guarantee, warranty or representation of any kind regarding any Service Provider or any services, advice or information provided by Service Provider. In addition, although we use our best efforts to find interested Service Providers for each Service Request, we do not guarantee that a Consumer will receive Quotes or other communications from any Service Provider or that any Service Provider is capable of and willing to perform the services. Similarly, O-N-S does not guarantee the results of any Services provided to Service Providers, including the number or quality of potential Consumers with whom a Service Provider will have contact, or whether Consumers will actually contract with the Service Provider for a project. O-N-S makes in its sole discretion which notifications of Service Requests to provide to Service Providers, the recipients and timing of those notifications and all other determinations regarding the Services. O-N-S expressly disclaims any liability for (i) any action or inaction of any Consumer, Service Provider or other User or any third party, and (ii) any claim, demand, dispute or damage that may arise between Consumers, Service Providers, other Users or any third party.
O-N-S Customer Care Representatives
O-N-S may provide Users with assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not be abusive, profane, sexist, racist or threatening or otherwise behave offensively or inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time inappropriate, we may immediately terminate the communication and we may suspend and/or terminate your account.
Modification of Services
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services.
O-N-S USER CONTENT
Security of Account
You are responsible for maintaining the confidentiality of your account password if applicable. You agree not to disclose your password to anyone and to notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them. You agree to notify us immediately of any unauthorized use of your account.
Through their use of the Services, Users may send messages, emails and e-cards and otherwise communicate with O-N-S and other Users. All information and other content submitted, posted or communicated by Users on or through the O-N-S Properties or O-N-S systems in connection with the Services is referred to collectively as “User Content.”
You may not post or submit any User Content (“Prohibited Content”) that:
- is false, inaccurate or misleading;
- is obscene, profane, threatening, harassing, defamatory, abusive, sexually or racially oriented, or otherwise injurious as determined by O-N-S;
- infringes or violates the intellectual property rights, publicity rights or rights of privacy of any person or entity;
- violates any law or regulation;
- directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services;
- engages in commercial solicitation or commercial activities without O-N-S’s prior written authorization (other than Quotes, Service Provider profiles, and offers expressly approved by O-N-S), including but not limited to advertising and barters;
- facilitates gambling, gaming, raffles, lotteries, sweepstakes, or any other activity featuring the award of a prize;
- contains political campaigning, chain letters, mass mailings, or “spam”; or
- contains software viruses or other malicious code.
By posting or submitting any User Content, you represent and warrant that the User Content is not Prohibited Content and that the User Content is accurate, current and truthful to the best of your knowledge. Please be careful what you post, to avoid inadvertently disclosing your address or any other personal information that you do not wish to be seen by the general public. We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but not the obligation) to review, refuse, remove, change or edit any User Content at any time, in our sole discretion.
License to User Content
By posting or submitting User Content, you grant, and you represent and warrant that you have the right to grant, to O-N-S and its affiliates and licensees, a non-exclusive, royalty-free, fully paid, sub-licensable, transferable, irrevocable and perpetual license to use, copy, publicly perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute, to prepare derivative works of or incorporate into other works, and exploit all copyrights, inventions, and other intellectual property rights in, that User Content throughout the world in any media. You grant O-N-S and sublicensees the right to use the name that you submit in connection with that User Content, if they choose. We will not pay you or otherwise compensate you for User Content. In the event that you provide O-N-S with any feedback or suggestions regarding the Services or any O-N-S Property (“Feedback”), O-N-S will have the right to use, disclose, reproduce, modify, license, distribute transfer and otherwise utilize the Feedback in any manner we deem appropriate, without compensation to you.
The O-N-S Properties may contain links to or information from other websites or resources (for example, links to or from a customer ratings website). Such links and information are provided for your reference only. O-N-S has no control over those websites, resources and information and is not responsible for the content of or availability of those websites, resources or information. Reference to any third-party products, services or other information on the O-N-S Properties, or inclusion of links to a third-party website, does not imply any endorsement or recommendation by us or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor.
Liability for Content
The User submitting User Content is solely responsible for that User Content. O-N-S does not guarantee the accuracy, completeness, usefulness or reliability of any User Content and does not adopt, endorse or accept responsibility for any User Content. O-N-S takes no responsibility and assumes no liability for any User Content or any content of any third party and will not be responsible for any loss or damage resulting from your reliance on that content. O-N-S does not guarantee the accuracy, completeness, or usefulness of any User Content or other information on the O-N-S Properties or otherwise in the Services. Users are responsible for confirming the completeness and accuracy of any User Content or any information on the O-N-S Properties or otherwise in the Services and O-N-S is not responsible for any use thereof or reliance thereon. When we are notified or otherwise become aware of any inaccuracy of any information, we will use commercially reasonable efforts to promptly update that incorrect information.
LICENSE TO THE SERVICES; PERMITTED USE
Grant of Limited License
Subject to your compliance with these Terms, we grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for your personal, non-commercial and informational use only. If you are a Service Provider, we also grant you, subject to your compliance with these Terms, as a Service Provider acting in your professional capacity, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information and services to Consumers as contemplated by the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
You agree will not do (or cause to be done) any of the following:
- access, download, monitor, or copy any content or information on the O-N-S Properties or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or otherwise obtain or attempt to obtain any content or information through any means that O-N-S does not intentionally made available through the O-N-S Properties and the Services. (General purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the O-N-S Properties are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file.);
- harvest information about Consumers or Service Providers from the O-N-S Properties or the Services;
- frame any part of the O-N-S Properties or the Services;
- use, or attempt to use, the O-N-S Properties or the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the O-N-S Properties, the Services, or any other systems to which they are connected);
use or access the O-N-S Properties or the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm O-N-S, its service providers, suppliers, other Users or any other person; or
- engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the O-N-S Properties or the Services (except to the extent specifically permitted by applicable law).
Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
O-N-S TERMINATION OF ACCOUNT; REFUSAL OF SERVICE
Canceling Your Account
You may cancel your O-N-S account at any time and for any reason. To cancel your account, please send a written notice of termination to O-N-S, Inc., 109 Ridgefield Dr Lancaster KY 40444 or email notice of termination to info@P-O-N-D.Services. If you cancel your account, your account will be disabled within 14 days .
Suspension of Termination of Your Account; No Right to Services
We reserve the right to refuse service to anyone. We may, in our sole discretion, suspend or terminate the account of any Consumer, Service Provider or other User at any time and for any reason, modify or terminate any license to the Services, in whole or in part, or block or prevent any User’s future access to and use of the Services, at any time and for any reason (including but not limited to those specifically described in these Terms) with or without notice. O-N-S is not required to provide you notice prior to terminating your account and is not required to provide a reason for the termination of your account. All decisions regarding the suspension or termination of accounts will be made in O-N-S’s sole discretion. You and O-N-S will continue to be bound by these Terms even after your account is terminated.
Blocking of IP Addresses
In order to protect the integrity of the O-N-S Properties, O-N-S reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the O-N-S Properties.
INTELLECTUAL PROPERTY RIGHTS
Proprietary Rights. The O-N-S Properties contains the copyrighted material, trademarks, service marks, logos and other proprietary information and content of O-N-S and third parties. Nothing on the O-N-S Properties or otherwise in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any information or content displayed on the O-N-S Properties, except as expressly provided in these Terms, without the prior written permission of the respective owner.
O-N-S Intellectual Property
The Services, including all information and other materials, and the selection, arrangement and composition of that information on the O-N-S Properties and otherwise, are proprietary property of O-N-S, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services.
Third-Party Intellectual Property
All non-O-N-S trademarks, product names and logos appearing on our Services are property of their respective owners.
If you believe that your work has been reproduced in connection with the Services in a way that constitutes copyright infringement, you may send written notice to O-N-S pursuant to the Digital Millennium Copyright Act (“DMCA”) at the address below. Your notice must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located within the Services;
- information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
- a signed statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Notification pursuant to the DMCA should be submitted to: O-N-S, Inc., Attention: Legal Department, 109 Ridgefield Dr Lancaster KY 40444.
Your use of the Services is at your own risk. You release O-N-S, its affiliates and their respective officers, directors, employees, contractors, shareholders, agents, licensors, licensees, suppliers and other business partners (collectively, the “O-N-S Parties”) from any loss, liability, obligation, damages (actual, special or consequential) or costs (including but not limited to attorney’s fees) (collectively, “Losses”) and any claim, dispute, demand, suit or proceeding (any of these, a “Claim”) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of or access to the Services or your interactions or transactions with Consumers, Service Providers, other Users or third parties. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the Civil Code of the state of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
You agree to indemnify, defend and hold harmless the O-N-S Parties from any Losses or Claims based on, resulting from or arising out of your use of or access to the Services, your interactions or transactions with Consumers, Service Providers, other Users or third parties, or any breach by you of these Terms. O-N-S reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with O-N-S in asserting any available defenses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
The O-N-S Properties and the Services are delivered on an “as-is” and “as-available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, O-N-S disclaims all warranties, express or implied, with respect to the Services, including without limitation any warranties of merchantability, fitness for a particular purpose, accuracy, availability and non-infringement and any warranties arising by usage of trade, course of dealing, and course of performance. Without limiting the generality of the foregoing, O-N-S does not warrant that your use of or access to the Services will be error-free, secure or uninterrupted, or provide specific results.
Limitation of Liability
In no event will the O-N-S Parties be liable to you or any third party for cost of cover or any direct, indirect, punitive, incidental, special or consequential damages (including, without limitation, with respect to loss of data or loss of business) based on, arising out of or connected with your use of or access to the Services or your interactions or transactions with Consumers, Service Providers, other Users or third parties, whether based on warranty, contract, tort, negligence, strict liability or otherwise, even if O-N-S was advised of the possibility of any such damages and even if such damages are reasonably foreseeable. In no event will the collective liability of the O-N-S Parties arising out of or connected with these Terms, the Services, or your interactions or transactions with Consumers, Service Providers, other Users or third parties exceed the lesser of (a) the amount you paid to O-N-S for use of the applicable Services in the preceding twelve-month period or (b) if you have not had any payment obligations to O-N-S, ten dollars. This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction. To the extent your state does not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you.
You agree that any dispute or claim arising out of or relating in any way to these Terms, your access to or use of the Services or any relationship between you and any O-N-S Party, including but not limited to the validity, applicability or interpretation of these Terms (any of these, a “Dispute”), will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Lancaster KY or the city within the United States in which you reside. The decision of the arbitrator will be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Class Action Waiver
Any Dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your continued access to or use of the Services signifies your explicit consent to this waiver.
If for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that the Dispute will be brought only in courts of competent jurisdiction located in Lancaster Kentucky. You hereby submit to the personal jurisdiction and venue of such courts for any such Dispute and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and O-N-S may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
Time Limit on Disputes
Any Dispute must be brought within one (1) year from the date the cause of action arose. Disputes brought after that period will be VOID.
These Terms and any Dispute will be governed by the laws of the United States and the State of Kentucky, without reference to its conflict of law provisions. Without limiting the jurisdiction of any other court, you irrevocably agree to the personal jurisdiction of the courts located within Garrard County, Kentucky for the purpose of entering judgments on arbitral awards. The rights and obligations of a Consumer and a Service Provider with respect to any agreement or other interaction between them will be governed by the terms of that agreement and by applicable federal, state, and local laws.
If O-N-S takes legal action against you as a result of your violation of these Terms, O-N-S will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of that action, in addition to any other relief granted to O-N-S.
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If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms will remain in full force and effect.
These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with O-N-S’s prior written consent, but may be assigned by O-N-S without restriction and without notice to you. Any attempted assignment in violation of the foregoing provision will be void. These Terms are binding on the parties and their successors and permitted assigns.
No waiver of any provision of these Terms will be deemed a further or continuing waiver of that term or any other term, and O-N-S’s failure to assert any right or provision under these Terms will not constitute a waiver of that right or provision.
Third Party Beneficiaries
These Terms do not create any right of action on the part of any third party, except for the O-N-S Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.
If you have questions about these Terms, please contact us by email at info@P-O-N-D.Services or in writing at O-N-S, Inc., 109 Ridgefield Dr Lancaster KY 40444.