TERMS OF SERVICE​

Last updated: March 4, 2019

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND SERVICES OFFERED BY A.I.R. Lawn Care, LLC AND ITS SUBSIDIARIES (COLLECTIVELY, “COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.contactair.today, MOBILE APPLICATIONS, AND SERVICES PROVIDED BY COMPANY (COLLECTIVELY, THE “SERVICES”).

Whether you are a visitor, landscaper, lawn care provider, a landscaping recipient, or a lawn care recipient (visitor, landscaper, lawn care provider, landscaping recipient and lawn care recipient, collectively, “users” or “you”), by using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services. If you are a landscaping or lawn care provider, you will be required to agree to supplementary terms governing your use of the Company platform and provision of landscaping and lawn care services. These additional terms can be found at https://contactair.today/eula/ and https://contactair.today/landscaping-and-lawn-care-agreement/.

If you have any questions, please refer to the help section of the Services or contact us at support@contactair.today.

Company is a Platform

Company acts as a platform to allow landscaping and lawn care providers who comply with Company’s policies to connect with other users who may desire landscaping or lawn care services. Users can submit a request (a “Request“) for a Landscaper or Lawn Care Provider to provide aeration, edging, fertilization services, hand weeding, lawn care, lawn mowing, mulch installs, soil testing, string trimming or overseeding (the “Services“). You will receive price quote for the fee that will apply to completing your Request (the “Services Fee“). Once you submit the payment information for the Request, your Request will be sent out to our network of Landscape and Lawn Care Providers. You will receive a notification through the A.I.R. Platform when a Landscape or Lawn Care Provider has accepted your Request, and you will be able to communicate with that Landscape or Lawn Care Provider through the A.I.R. Platform to confirm and coordinate certain logistics involved with completing your Request.

For more information about the A.I.R. Platform, please see our FAQs at the bottom of our website.

Company is not directly involved in any transactions between users. As a result, Company has no control over the quality of the landscaping or lawn care services provided by the landscaping or lawn care providers or the truth or accuracy of the information provided by users, or the ability of landscaping or lawn care providers to complete landscaping or lawn care services in a timely manner, if at all.

Company cannot guarantee the true identity, age, and nationality of an user. Company encourages users to communicate directly through the tools available on the Services. You may also wish to consider independent user verification or using a third-party service that provides additional user verification.

You agree that Company is a platform and as such is not responsible or liable for any lawn care services or other content posted by you, other users, or third parties on the Services. Your use of the Services is at your own risk.

Membership Eligibility

Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.

Individuals under the age of 18 must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Company’s policies as stated in the Agreement and the Company’s Privacy Policy, as well as all other operating rules, policies and procedures that may be published from time to time on the Services by Company, each of which is incorporated herein by reference and each of which may be updated by Company from time to time without notice to you.

In addition, some services offered by Company may be subject to additional terms and conditions issued by Company or a third party; your use of those services is subject to the additional terms and conditions, which are incorporated into this Agreement by this reference.

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You agree to immediately notify Company of any unauthorized use of your password or any breach of security. You also agree that Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Company without Company’s express written permission.

You must keep your account information up-to-date and accurate at all times, including a valid email address.

Services are not available to temporarily or permanently banned users. Company reserves the right, in Company’s sole discretion, to cancel unconfirmed or inactive accounts. Company reserves the right to refuse service to anyone, for any reason, at any time.

Prohibited, Questionable and Infringing Activities

You are solely responsible for your conduct and activities on and regarding to the Services and any and all information that you submit, post, upload, and display on the Services.

Your use of Company will not:

  • be false, inaccurate or misleading;
  • infringe upon any third-party’s intellectual property rights or rights of publicity or privacy;
  • violate this Agreement, any website policy or community guidelines, or any applicable law, statute, ordinance or regulation;
  • be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Company staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  • take any action that may undermine online reviews or feedback;
  • be obscene or contain child pornography; and
  • contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Confirmation

Booking a service online doesn’t guarantee you a spot for that date/time. You will be contacted by email or phone with a confirmation.

Payment for Services

You must provide credit card information to submit a Request. You are responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request, we will place a temporary hold on the credit card account you provided in an amount equal to 100% of the applicable Services Fee. Once you and the landscaping or lawn care provider have verified that the Services are completed, you will have the option of paying an additional gratuity (a “Tip“) to the landscaping or lawn care provider, and your credit card account will be charged for the sum of the Services Fee, any Tip, and the fees for any additional services you may request.

You agree to make all payments to the landscaper or lawn care provider through the A.I.R. Platform and will not pay any landscaper or lawn care provider in cash or means other than directly through the A.I.R. Platform.

Cancellation or Unable to Access

If you cancel any Request: (a) before a Landscaping or Lawn Care provider accepts it, or (b) after it has been accepted by a Landscaping or Lawn Care provider but more than 24 hours before the Services are to be performed, you will not be charged, and the hold will be lifted on your credit card. If you cancel any Request less than 24 hours before the Services are to be performed, your credit card account will be charged 20% of the applicable Services Fee.

In the instance where the Landscaping or Lawn Care Provider attempts to fulfill the Request but cannot do so for reasons out of the Landscaping or Lawn Care Provider’s or A.I.R.’s control, your credit card will be charged 50% of the applicable Services Fee.

Direct Hiring of Our Landscapers or Lawn Care Providers

A.I.R. invests heavily in training methods and background screenings to find quality landscaping and lawn care providers. Hiring our current or ex-provider(s), and/or accepting side propositions, makes you liable for an employment referral fee of $5,000.00 if you directly employ (legally or cash basis) anyone currently or formerly employed by us within the two year period prior to such employment. By using our service, you agree to notify us of any attempts to solicit or accept illegal business, otherwise; Attorney, Legal and miscellaneous expenses incurred to investigate and/or collect this fee will be added if this employment is discovered. Exchanging contact info is considered part of this breach. Unless complying with all laws; direct, unreported, or inappropriate employment practices are illegal. You acknowledge being informed that A.I.R. is obligated to report illegal hiring activities. In fact, anyone may report this to the proper government and judicial authorities so investigation ensues. Implication, complicity, or withholding knowledge of illegal activity is not only prosecutable by A.I.R. (when applicable), but also by United States federal and local laws.

Right to Refuse Service

Landscaping and lawn care providers have the choice to leave upon arrival if the landscape or lawn is in extreme condition or they feel unsafe/threatened. If you book a service online that is unreasonable the landscape and lawn care providers may refuse service on the spot and you will be charged the maximum cancellation fee.

Price Adjustments

If the pricing calculator underestimates the price of your landscaping or lawn care services because the condition of your landscape or lawn is much worse than predicted or because you did not input the accurate information into our online pricing calculator, we will first inform you by call and email. We do have permission to adjust the price, charge the landscaping or lawn care hourly, or refuse the service. Client agrees to pay landscaping or lawn care provider’s parking cost, if incurred.

Recurring Price Structure

Recurring clients receive discount after their first landscaping or lawn care service. If you skip service so that your service’s frequency is lower than what you were set up for, your price will be increased to the pricing level for the lower frequency.

Provider Safety

A.I.R. reserves the right to remove its providers from your property should the environment become unsafe. Our cancellation policy will apply.

Pets

We will gladly work around pets. If your pet becomes anxious or presents a safety concern, A.I.R. reserves the right to remove its providers from your home. If an landscape or lawn care provider leaves your home prior to completion, A.I.R. will charge you a pro-rated expense based on work performed. If removal of our landscaping or lawn care provider is due to aggressive pets, our cancellation policy will apply.

Right to Photograph Landscaping and Lawn Care Work

Users shall permit landscaping and lawn care providers employed or engaged by A.I.R., without compensation or consideration to user, to take photographs at the users property of both completed work and work in progress, for purposes including, but not limited to, job status reports, publication in newspapers, magazines, and other print media, use in broadcast media, publication via the Internet, and use in marketing materials used by A.I.R.. Such photographs and any accompanying descriptions shall not identify the user or the property address of the user without the express written consent of the user.

Breakage/Damage and Loss Policy

Customers must provide images of damage of both before and after the landscaping or lawn care, along with proof that damages were caused at the time of the landscaping or lawn care. All claims must be made within 24 hours of the landscaping or lawn care service. Once the office receives the notification, we will contact you as soon as possible. If we do not hear from you within the next 30 days, we will assume you do not want to have us resolve the issue and the situation will void. Identical replacement is always attempted but not guaranteed. For this specific reason, A.I.R. requests all irreplaceable items (whether monetarily or sentimentally valued) be marked and/or not be in our landscaping and lawn care providers working area. A.I.R. is not responsible for the breakage of these irreplaceable items. A.I.R. is not responsible for damage due to faulty and/or improper installation of any item. A.I.R. is not responsible for the replacement or repair of any of your personal property that may be damaged by a Landscape or Lawn Provider while performing the Services.

Delays

Lawn care and Landscaping Providers are allowed one-hour window to deal with traffic, parking, and other surprises.

Disputes between You and a Landscaping or Lawn Care Provider

The A.I.R. Platform is merely a neutral means of connecting you with Landscaping and Lawn Care Providers. We do not represent or warrant that any Landscaping or Lawn Care Provider will meet your expectations or instructions in performing any Services.

If for some reason you are unhappy with the service, please contact us within 24 hours so that A.I.R. may rectify the problem. A.I.R. does not offer refunds or discounts, but we absolutely guarantee the quality of service by fixing any quality issues and optimizing the landscaping and/or lawn care in the future. Any re-service can only be done with the same landscaping or lawn care provider(s) unless there is a schedule conflict for the provider and only within the first 72 hours of the landscaping and/or lawn care. If you are at home and you notice that the landscaping or lawn care provider overlooked something please immediately tell the landscaping or lawn care provider to redo the work or call our office before the provider leaves your home.

A.I.R. is not responsible for the replacement or repair of any of your personal property that may be damaged by a Landscaping or Lawn Care Provider while performing the Services.

Please report any suspected illegal or unethical behavior by a Landscaping or Lawn Care Provider during the performance of any Services to: support@contactair.today.

Valuables

Please safely secure heirlooms and collectibles prior to landscaping and/or lawn care services. Please advise us how you would like your fragile items handled (and their care) in special account instructions.

Large and Heavy items

For safety and liability reasons, A.I.R. will not allow its lawn care and/or landscaping professionals to lift or move heavy items or outside furniture.

Personal Information

As part of using the Services, you may obtain personal information, including email addresses, from other users. Without obtaining prior permission from the user, this personal information will only be used for Services-related communications. Company has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Company user to your email or physical mail list. For more information, see Company’s Privacy Policy.

By using the Services, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.

Feedback

Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Services (“Feedback”) to be non-confidential and non-proprietary, and Company will not be liable for the disclosure or use of any Feedback. If, at Company’s request, any user sends Feedback to improve the Services, Company will also consider that Feedback to be non-confidential and non-proprietary and Company will not be liable for use or disclosure of the Feedback. Any communication by you to Company is subject to this Agreement. You hereby grant and agree to grant Company, under all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit Feedback for any purpose, commercial or otherwise, without compensation or accounting to you and without further recourse by you.

Information Control

Company does not control the information provided by users. You may find some information provided by users to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals. By using the Services, you agree to accept these risks and that Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users of the Services.

Company is not responsible for the availability of outside websites or resources linked to or referenced on the Services. Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from these websites or resources. You agree that Company will 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 content, goods or services available on or through any other websites or resources.

Access and Interference

Company may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Company is updated on a real-time basis and is proprietary or is licensed to Company by users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose whatsoever, except to the extent expressly permitted in writing by Company. Additionally, you agree that you will not:

  • take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on Company’s infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute or publicly display any user information (except your own);
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
  • bypass Company’s robot exclusion headers or other measures Company may use to prevent or restrict access to the Services.

Location Information

The A.I.R. Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy at http://contactair.today/privacy.

By accepting these Terms or using the App you affirmatively consent to A.I.R.’s collection, use, disclosure and storage of your location information. You may revoke your consent with respect to A.I.R.’s collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, A.I.R. will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, A.I.R. will resume the collection of location information.

A.I.R. takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Third Party Software

The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.

Changes to the A.I.R. Platform

A.I.R. reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the A.I.R. Platform and/or any features, information, materials or content on the A.I.R. Platform with or without providing notice to you. A.I.R. will not be liable to you or any third party for any changes or discontinuance of the A.I.R. Platform or any part of the A.I.R. Platform.

Consent to Electronic Communications

By using the A.I.R. Platform, you agree that we may communicate with you electronically regarding your use of the A.I.R. Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@contactair.today.

Suspension and Termination

A.I.R. may suspend or terminate your rights to access or use the A.I.R. Platform (including the App) for any reason or for no reason at all and with or without notice at A.I.R.’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

Breach

Without limiting any other remedies, Company may, without notice, remove any user posting, warn Company’s community of a user’s actions, issue a warning to a user, temporarily suspend or terminate a user’s account, prohibit access to the Services, and take technical and legal steps to keep a user from accessing or using the Services and refuse to provide the Services to a user if Company (1) suspects a user has breached this Agreement or the Privacy Policy, (2) is unable to verify or authenticate any of your personal information, or (3) reasonably believes that a user’s actions may cause legal liability or financial loss to users or to Company.

General

Enforcement of these Terms is solely at A.I.R.’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.

These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the A.I.R. Platform and the Services, and they supersede any prior agreements that may have been made.

Notice Regarding Apple

Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. (“Apple”) and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and A.I.R. only, and not A.I.R.; (c) A.I.R., and not Apple, is solely responsible for the Software and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Software; and A.I.R., and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

By booking any lawn care or landscaping services from this website, you agree with this Terms and Condition of Use. The materials contained in this web site are protected by applicable copyright and trade mark laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

The Company hereby grants you a non-exclusive, non-transferable, right to use the Services, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) create Internet “links” to the Services; (iv) reverse engineer the Services; (v) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Services.

The materials on A.I.R.’s web site are provided “as is”. A.I.R. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, A.I.R. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL A.I.R. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE A.I.R. PLATFORM (INCLUDING THE APP AND ANY REQUEST OR BID), SERVICES PERFORMED BY LANDSCAPES, LAWN CARE PROFESSIONALS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF A.I.R. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF A.I.R. AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.

A.I.R. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by A.I.R. of the site. Use of any such linked web site is at the user’s own risk.

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Dolly Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

Any claim relating to A.I.R.’s web site shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions.