Lemcke Landscaping Web Site Terms and Conditions
Lemcke’s green and gray color scheme, the leaf logo, and “Lemcke Landscaping” are trademarks of Lemcke.
Individuals are permitted to view or electronically copy material published on this Web site and to make print-outs thereof, solely for their personal information, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. Lemcke branches are permitted to electronically copy material published on this Web site and to make print-outs thereof for the benefit and use by their customers and potential customers, provided that both the copyright notice and the permission notice appear thereon and provided that the materials are not modified. Without the express written permission from Lemcke, you may not retransmit any files from this Web site, or any modified versions thereof.
You may not create a mirror version of this Web site. Except as expressly provided herein, the transmission of this Web site material shall not be construed to grant a license of any type under any patents, copyright, or trademarks owned or controlled by Lemcke and/or its suppliers.Lemcke in its sole discretion may restrict the site to selected users.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The above exclusions of liability are not applicable to residents of New Jersey. With respect to residents of New Jersey, Lemcke shall not be liable for any damages resulting from the use of this Web Site or the materials in this Web Site unless such damages are the result of our negligent or reckless acts or omissions.
You agree to indemnify and hold Lemcke (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant Lemcke and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at Lemcke’s sole discretion. Lemcke reserves the right to change, condense or delete any content on this Site that Lemcke deems, in its sole discretion, to violate this agreement. Lemcke does not guarantee that you will have any recourse through Lemcke to edit or delete any content you have submitted. You acknowledge that you, not Lemcke, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Lemcke, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
Lemcke cannot guarantee the availability of any particular product displayed on this Web Site. Lemcke reserves the right, at its sole discretion, to (i) refuse service and to terminate accounts if Lemcke believes that customer conduct violates applicable law or these terms, is harmful to the interests of Lemcke, its subsidiaries or its affiliates, or for any other reason; (ii) limit the quantity of items purchased per person, per account, per household and per order; and (iii) refuse or cancel any order you place. These restrictions may be applied to the same account, same credit card and/or the same billing and/or shipping address.
Product prices offered on this Web Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Web Site are generally quoted in U.S. dollars and are valid and effective only within the United States, and such prices may not include shipping and handling or sales taxes, if applicable, which may be added to your total invoice price at checkout. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Lemcke cannot guarantee that any content is accurate or complete, including price information and product specifications. Lemcke reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
WITH THE PRIOR AGREEMENT OF Lemcke, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN INDIANAPOLIS, IN USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
You agree that Lemcke may at any time and without notice change the terms, conditions and notices under which this Web Site is offered; however, any change to the terms after your last usage of the Web Site will not be applied retroactively.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Lemcke as a result of this agreement or your use of this Web Site.Lemcke’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Lemcke’s right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Lemcke with respect to such use.
This agreement and terms constitute the entire agreement between you and Lemcke with respect to this Web Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Lemcke with respect to this Web Site. No modification of this agreement shall be effective unless it is authored by Lemcke. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Lemcke in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Web Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Lemcke in printed form.
Lemcke also may make employment information available through this Web Site. Lemcke is an equal opportunity employer. Lemcke provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Lemcke’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
Learn More About Our Maintenance Options.
© Copyright 2023 Lemcke Landscape Inc.