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Terms of Service

Last Updated: June 21, 2019

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BLOCK.

AGREE – BY USING THIS WEBSITE OR DOWNLOADING OUR APP (THE BLOCK APP) THE USER IS AGREEING TO BE BOUND BY THIS AGREEMENT. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF USER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF THEIR EMPLOYER, OR ANY OTHER PERSON, THEN USER REPRESENTS AND WARRANTS THAT THEY HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THAT PERSON OR ENTITY’S BEHALF.  

CANCEL – IF USER DOES NOT CONSENT TO THIS AGREEMENT, IN ITS ENTIRETY, WE ASK THAT USER TO LEAVE THIS WEBSITE OR DELETE THE APP IMMEDIATELY.  ANY AND ALL SERVICES PROVIDED BY BLOCK ARE AND AT ALL TIMES WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT

User Agreement

This agreement is between Block Lawncare, LLC, a Louisiana Limited Liability Company (Block), and the entity or individual agreeing to these terms (User).

ORDERING SERVICE – This agreement provides User access to an on-demand lawn care app, and service as further described at http://www.blocklawncare.com (Service).

USER RESPONSIBILITIES – User (i) must keep its passwords secure and confidential; (ii) is solely responsible for User data and all activity in its account in the Service; (iii) must use diligent efforts to prevent unauthorized access to its account, and notify Block promptly of any such unauthorized access, (iv) must be over the age of majority in the State of User’s domicile (v) must not access services through a third party’s account without express consent of the account holder (vi) not threaten, harass, or intentionally harm any Block employees, contractors, or agents providing Block services; and (vii) may use the Service only in accordance with the Service’s user guide and applicable law.

User agrees to comply with the above responsibilities, and agrees not assist or permit any person in engaging in any conduct that is fraudulent or does not comply with the user responsibilities.

PRIVACY – The Block User Privacy Policy governs User’s use of the Service and the App.

DISCLAIMER – Block disclaims, and User releases Block with respect to all warranties, including, without limitation, the implied warranties of merchantability, title and fitness for a particular purpose or use. While Block takes reasonable physical, technical and administrative measures to secure the Service, Block does not guarantee that the Service cannot be compromised. User understands that the Service may not be error free, and use may be interrupted.

The app, the sites, (hereinafter used interchangeably) the materials and all other content on the app and sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, the released parties (Block and affiliated companies, and its and their partners, joint venturers, contractors and subcontractors) disclaim, with respect to the materials and all other content on the app and sites, all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose or use and non-infringement. Block does not represent or warrant that the app or sites, the materials and/or the other content will be secure, uninterrupted and/or error-free, that defects will be corrected, and/or that the sites, the materials and/or other content on the sites are free from viruses or other harmful components. Block does not warrant or make any representations regarding the use or the results of the use of the sites, the materials and/or any other content on the sites in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, including without limitation, the quality and/or timing of services rendered on the sites. You (and not Block) assume the entire cost of all necessary servicing, repair, or correction relating to your use of the sites, the materials and/or other content on the sites. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you.

Block reserves the right to refuse partial or full service to any property that we deem to have any type of infestation problem. This includes but is not limited to fleas, spiders, ticks, wasps, etc. If we provide partial service to your property, no refund will be given. If an infestation is found upon arrival and a Block employee does not provide any service, a refund will be issued for no more than 50% of the total cost of service.

In agreeing to these terms of use, you are also agreeing to Block’s Standards of Service.

User MAY HAVE ADDITIONAL RIGHTS UNDER STATE LAW, so the above DISCLAIMERS may not apply to User.

PAYMENT – User must pay for orders with a credit card through their Block account. All charges and payments will be enabled by Block using the preferred payment method designated in your account, after which you will receive a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Block may use a secondary payment method in your account, if available.

Charges paid by you are final and non-refundable, unless otherwise determined by Block. Any request for refund must be made within 24 hours of service being completed. No refund will be issued for erroneous information you enter or for your failure to be available to provide information or answer questions (for example, fail to respond to messages from mowers or customer support). You may cancel your service request and receive a full refund if you have not yet been paired with a mower at the time you cancel the service request. Determination of whether you have been paired with a mower is at the sole discretion of Block.

You may cancel your service request after you have been paired with a Mower for a fee in the amount determined by Block and disclosed to you prior to confirming cancelation.

You will be charged a fee if services are not able to be completed due to User error. These factors include but are not limited to incomplete or incorrect necessary special instructions (gate codes not provided, hide-a-key location not disclosed, etc.), pets left outside while Mower is on the premises, and restricted access to any portion of the serviceable area.

BLOCK PROPERTY

Reservation of Rights – The App (defined below) and other technologies provided by Block as part of the Service are the proprietary property of Block and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Block. User may not remove or modify any proprietary marking or restrictive legends in the Service or App. Block reserves all rights unless expressly granted in this agreement.

Restrictions – User may not (i) sell, resell, rent or lease the Service or App or use it in a service provider capacity; (ii) use the Service or App to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service or the App; (iv) attempt to gain unauthorized access to the Service or App or their related systems or networks; (v) reverse engineer the Service or the App; or (vi) access the Service or use the App to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

App – The Block app provided by Block as part of the Service (App) is licensed to User as follows: Block grants User a non-exclusive, non-transferable license during the term of this agreement, to operate the App, solely in connection with the Service. Block reserves the absolute right to terminate this Agreement and license at any time in its sole and unfettered discretion. The Sites and the Materials may not be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission.

Aggregate Data – During and after the term of this agreement, Block may use non-identifiable User data for purposes of enhancing the Service, aggregated statistical analysis, technical support and other internal and external business purposes.

Communications – By voluntarily providing your cell phone number, mailing address and email to Block, you agree that Block, its agents, representatives, affiliates, and/or its third party partners may contact you by telephone, SMS or MMS messages, in-app messages, regular mail, email or push notifications, and you hereby consent to receiving such communications. You hereby consent that telephone calls and text messages may be sent using an automatic telephone dialing system. If you provide telephone number(s) or other contact information for which you are not the subscriber, you understand that you shall indemnify us for any costs and expenses, including penalties, fines and attorneys’ fees, incurred as a result of us contacting or attempting to contact you.

You may unsubscribe from receiving emails or push notifications from Block at any time. To revoke your consent to receiving emails or push notifications from Block, please follow the unsubscribe procedures found in your notification preferences in the Block app.

TERM and TERMINATION

Term – This agreement continues until either party terminates this agreement, with or without cause. Upon termination, User must uninstall and cease to use the App.

Suspension for Violations of Law or this Agreement – Block may temporarily suspend the Service or remove the applicable User data, or both, if it in good faith believes that, as part of using the Service, User has violated a law or this agreement.

LIABILITY LIMIT

Exclusion of indirect Damages – Block is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss.

Total Limit on Liability – Block’s total liability arising out of or related to this agreement (whether in contract, tort or otherwise) shall not exceed the amount paid by User within the 6 month period prior to the event that gave rise to the liability.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.

CLAIMS

Any and all claims of damage to customer's property that is allegedly caused by Block, must be made pursuant to Block's Claims Process.

INDEMNITY – If a third-party brings a claim against Block related to User’s use of the Service, User must defend, indemnify and hold Block harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim, and regardless of who is at fault.

GOVERNING LAW AND FORUM – This agreement is governed by the laws of the State of Louisiana (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any and all disputes are to be made and resolved exclusively in East Baton Rouge Parish, Louisiana, and User irrevocably and unconditionally submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in the exclusive venue stated above. The parties hereby agree that any and all disputes, claims or controversies between the parties, including but not limited to any dispute arising out of or relating to this Agreement, the relationship between the parties, which are not resolved by their mutual agreement shall be resolved by final and binding arbitration by a neutral arbitrator.

For purposes of this Agreement:

The claims covered by this Agreement include, but are not limited to, claims for: breach of any contract or covenant, express or implied; personal injury, physical or emotional injury; discrimination or harassment because of race, gender, color, pregnancy, religion, national origin, ancestry, age, disability, medical condition, marital status, sexual orientation, gender identity or any other characteristic protected by applicable law; retaliation; violation of any local, state, or federal constitution, statute, law, ordinance or regulation; fraud, misrepresentation, defamation, invasion of privacy, and any other tort claims; penalties; reimbursement of expenses; and any claim for trade secret violations or unlawful competition. This Agreement shall be binding on all of the parties, their heirs, and successors.

In arbitration, each side in the dispute presents its case, including evidence, to a neutral third party called an “arbitrator,” rather than to a judge or jury. The parties agree that any arbitration shall be conducted before one neutral arbitrator selected by the parties and shall be conducted American Arbitration Association Arbitration Rules & Procedures then in effect. The parties agree that this Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq (“FAA”). The parties also understand and agree that Block is engaged in transactions involving interstate commerce.

The arbitration shall take place in Baton Rouge, Louisiana. The parties are entitled to be represented by their own legal counsel in the arbitration proceeding and agree to maintain the proceedings and the award, including the hearing, as confidential, except as is otherwise required by court order, required by law, or as is necessary to confirm, vacate or enforce the award. The arbitrator shall have the authority to order such discovery by way of deposition, interrogatory, document production, or otherwise, as the arbitrator considers necessary for a full and fair exploration of the issues in dispute, consistent with the expedited nature of arbitration. The arbitrator is authorized to award any remedy or relief available under applicable law that the arbitrator deems just and equitable, including any remedy or relief that would have been available to the parties had the matter been heard in a court. Nothing in this Agreement shall prohibit or limit the parties from seeking provisional remedies, such as injunctive relief from a court of competent jurisdiction. The arbitrator shall have the authority to provide for the award of attorney’s fees if such award is separately authorized by applicable law. The decision of the arbitrator shall be in writing and shall provide the reasons for the award unless the parties agree otherwise. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding which means there will be no trial by a judge or jury, or ability to appeal the arbitrator’s decision except as provided by the FAA or analogous state law.

THE PARTIES TO THIS AGREEMENT FURTHER AGREE THAT EACH MAY BRING AND PURSUE CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES, AND MAY NOT BRING, PURSUE OR ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.

In the event that, for any reason, it is found by a court of the Parties are not bound to Arbitrate as provided above, any and all judicial action(s), suits or legal proceedings must be exclusively brought in the federal or state courts in the Parish of East Baton Rouge, State of Louisiana. This Agreement represents the entire understanding between the Parties and any and all disputes shall be governed by the terms and conditions provided herein.

OTHER TERMS

Feedback – By submitting ideas, suggestions or feedback to Block regarding the Service, (i) User agrees that such items submitted do not contain confidential or proprietary information; and (ii) User hereby grants Block an irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such items for any business purpose.

Entire Agreement and Changes – This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. User is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. Block reserves the right to make modifications to this Agreement from time to time in its sole discretion. User will be notified of significant substantive changes to this Agreement and will be required to consent to the modified terms of use in order to continue use of the App.

No Assignment – Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.

Relationship between the Parties – this Agreement does not create any agency, partnership, or joint venture between the Parties.

Severability and Force Majeure – If any term of this agreement is found to be invalid, illegal, or unenforceable, said term(s) shall be stricken from this Agreement as if never written and the remainder shall remain in full force and  effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation, force majeure events.

Right to obtain Injunction – Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. In addition to monetary damages, the other party may seek a court order (injunction) to stop any breach or avoid any future breach.

Survival of Terms and no CISG – Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive.

Apple Minimum Terms – The additional Apple Minimum Terms below are incorporated into this agreement for all purposes.

Google Play Store End-User License Agreement – The additional Google Play Store End- User License Agreement terms below are incorporated into this agreement for all purposes.

APPLE REQUIREMENTS – IF USER DOWNLOADED THE SERVICES FROM THE APPLE ITUNES APP STORE, THE FOLLOWING TERMS ALSO APPLY.

Acknowledgement – User acknowledges that this agreement is between User and Block only, and not with Apple, and Block, not Apple, is solely responsible for the Services and the content.

Scope of License – The license granted to User for the Services is a limited, non-transferable license to use the Services on an iOS device that User owns or controls and as permitted by the Usage Rules in the Apple iTunes App Store Terms of Service.

Maintenance and Support – Block and not Apple are solely responsible for providing any maintenance and support services with respect to the Services. User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

Warranty – Block is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Services to User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Block’s sole responsibility.

Product Claims – Block, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights – User acknowledges that, in the event of any third party claim that the Services or User’s possession and use of the Services infringes that third party’s intellectual property rights, Block, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance – User represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.

Developer Contact Info – Direct any questions, complaints or claims to:
Block Lawncare, LLC, 7117 Florida Boulevard, Baton Rouge, LA 70806, Phone: 225-612-2178. Email: support@blocklawncare.com

Third Party Terms of Agreement – User must comply with any applicable third party terms of agreement when using the Services, e.g., if User is using a VoIP application, then User must not be in violation of its wireless data service agreement when using the Services.

Third Party Beneficiary – User acknowledges and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and that, upon User’s acceptance of the terms of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against User as a third party beneficiary thereof.

GOOGLE PLAY REQUIREMENTS – IF USER DOWNLOADED THE SERVICES FROM THE GOOGLE PLAY STORE, THE FOLLOWING TERMS ALSO APPLY. Acknowledgement – User acknowledges that this agreement is between User and Block only, and not with Google, and Block, not Google is solely responsible for the Services and the content. Your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service;


Scope of License – The license granted to User for the Services is a limited, non-transferable license to use the Services on an Android device that User owns or controls and as permitted by the Usage Rules in the Google Play Store Terms of Service.


Maintenance and Support – Block, not Google, is solely responsible for providing any maintenance and support services with respect to the Services. User acknowledges that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.


Warranty – Block is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

Product Claims – Block, not Google, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.


Intellectual Property Rights – User acknowledges that, in the event of any third party claim that the Services or User’s possession and use of the Services infringes that third party’s intellectual property rights, Block, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance – User represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.

Developer Contact Info – Direct any questions, complaints or claims to:
Block Lawncare, LLC, 7117 Florida Boulevard, Baton Rouge, LA 70806, Phone: 225-612-2178. Email: info@blocklawncare.com

Third Party Terms of Agreement – User must comply with any applicable third party terms of agreement when using the Services, e.g., if User is using a VoIP application, then User must not be in violation of its wireless data service agreement when using the Services.

THIRD PARTY LINKS

The Sites and Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”) Block is not responsible for Third Party Websites & Advertisements, and Block makes no warranties as to, and shall have no liability for, the content available on Third Party Websites & Advertisements. By providing access to Third Party Websites, Block is not recommending and/or endorsing the products and/or services provided by the sponsors and/or owners of those websites. Use of all links in Third-Party Websites & Advertisements are at your own risk.

By clicking “I accept” below, User agrees to all of the terms and conditions of this Agreement, in its entirety, without amendment. User warrants that User has authority to contract on behalf of the property/properties with which User is requesting Block’s services.