Terms and COnditions

Last Updated: April 11, 2025

Last Reviewed: April 11, 2025


IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE BETWEEN CUSTOMER AND SUPER CUTZ LAWN CARE, LLC (SUPER CUTZ). PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”


By accepting this estimate, you acknowledge and agree to be bound by the terms and conditions of Super Cutz. A full copy of our terms and conditions is available upon request or may be reviewed at any time by visiting our website at www.supercutz.com or contacting our office directly.

CUSTOMER ACKNOWLEDGMENT: Customer hereby acknowledges that: 1) Customer is 18 years of age or older and has authority to enter into an agreement for lawn care services; 2) that Customer has read and fully understands these terms and conditions; and 3) that these terms and conditions shall be deemed a binding part of Customer’s agreement with Super Cutz for lawn care services entered through the Super Cutz website, or by telephone, email, and/or any other method. Customer acknowledges that these terms and conditions are a material inducement for Super Cutz to enter into an agreement with Customer. Lawn care treatments must be applied in compliance with product label requirements. Accordingly, Customer agrees to follow instructions regarding product label requirements that are left with Customer following a lawn care treatment, including, but not necessarily limited to, watering in the treatment. 


CONTINUOUS SERVICE:   To optimize the effectiveness of the services provided, Customer’s plan shall continue from year to year without any action on Customer’s part. This includes any recurring services purchased initially or added at a later time. Customer’s plan will continue unless Customer contacts Super Cutz at 812-480-4248 to cancel. Customer or Super Cutz may cancel service at any time, subject to Customer’s obligation to pay for all services as provided herein. All pre-paid amounts shall be NON-REFUNDABLE and any remaining account balance for prepay Customers who terminate their annual plan early (prior to completion of all scheduled plan applications) shall remain the property of Super Cutz Lawn Care, LLC. Super Cutz reserves the right, in its sole discretion, to implement annual price increases due to inflation, cost of goods and services, or other economic factors without advance notification to.


COST OF SERVICES/BILLING: Except as otherwise set forth herein, billing for each lawn application will occur after service is rendered, with payment due upon receipt of invoice. All new Customers are required to enroll in Super Cutz Auto-Pay program or prepay for their annual lawn care service plan. Customer will only be offered prepay at the start of year 2; first-year Customers will not have the option to prepay for service. The cost of services in a Customer’s plan may vary. Current year discounts may not apply in subsequent years. Any credits or discounts offered by Super Cutz shall only be applied to future Super Cutz services and are not redeemable by Customer for cash.


AUTO-PAY AGREEMENT: Customer’s enrollment in the Super Cutz Auto-Pay option constitutes Customer’s agreement to the following terms and provisions which shall be deemed a binding part of Customer’s agreement to receive and pay for services provided by Super Cutz. Please read these provisions carefully and contact Super Cutz immediately in the event that you wish to cancel your Auto-Pay Enrollment.


  • Customer agrees to pay for all services provided and authorizes Super Cutz to initiate electronic payment transactions from the credit card account that Customer has provided to Super Cutz. Customer’s consent applies to all invoices issued by Super Cutz for all services provided at any time, including invoices for services that automatically renew each year. All payments will be automatically withdrawn from Customers specified credit card account on the date Super Cutz issues an invoice for services unless Customer terminates the above authorization in the manner described herein. 


  • Customer understands and agrees that Super Cutz shall automatically charge Customer’s credit card account, as applicable, for the total amount due on Customer’s account. The charge or debit shall be initiated by Super Cutz as required without further notice to Customer. Super Cutz SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT CUSTOMER MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH CUSTOMER’S ACCOUNT IS DEBITED OR CUSTOMER’S CREDIT CARD IS CHARGED. 


  • Customer agrees to promptly notify Super Cutz in the event of any billing errors so that Super Cutz can correct any such errors. If Customer’s payment is rejected, refused, returned, disputed, or reversed by Customer’s financial institution or card issuer for any reason, Super Cutz shall have the right to immediately terminate its agreement with Customer. 


  • Super Cutz reserves the right to terminate Customer’s Auto-Pay enrollment at any time. Super Cutz would remove any stored Credit Card/Billing information. 


  • Customer is responsible to verify whether or not any additional charges will be applied by Customer’s credit card issuer and agrees to be bound by any rules that Customer’s financial institution requires for pre-authorized credit card transactions. Customer is responsible for all fees charged by your financial institution associated with this pre-authorized payment option. 


  • Super Cutz reserves the right to revise the terms of Auto-Pay Enrollment from time to time and will provide notice of any such changes by posting revisions on the Super Cutz website which shall be deemed effective at the time of posting. If Customer does not agree with any such revisions, Customer must terminate the Auto-Pay Enrollment immediately. Customer’s continued use of the Auto-Pay Enrollment constitutes Customer’s agreement with these terms and conditions, as amended. 


CHECK PROCESSING POLICY ACH:  Payment by check constitutes Customer’s authorization to either use information from Customer’s check to make a one-time electronic fund transfer from Customer’s account or to process the payment as a check transaction. If Super Cutz uses information from Customer’s check to make an electronic fund transfer, funds may be withdrawn from Customer’s account as soon as the same day payment is received and Customer will not receive a copy of the check back from Customer’s financial institution. If any check, draft, credit card, or EFT transfer payable to Super Cutz is not honored, Super Cutz will assess a $35.00 fee for each such item if failed payment was made by check, and a $10 fee for each such items if failed payment was made by a Credit Card (in addition to all other rights and remedies for the unpaid balance). 


LATE FEES: A finance charge of 2% (based on the total amount due) per month shall be added to the unpaid balance of all accounts not paid within 30 days. If payment is not timely made, Customer agrees to be responsible for and reimburse Super Cutz for all costs of collection, including any court fees and attorney’s fees incurred for the collection of your account. If an account has an unpaid balance for an excess of 30 days, Customer may be sent to Collections at the discretion of Super Cutz. 


DEPOSIT: At the discretion of Super Cutz, a deposit may be required prior to service. 


NON-PAYMENT/DEFAULT:  The obligation of Super Cutz hereunder is conditioned upon payment in full of all service charges and failure to pay such charges permits Super Cutz to cancel this agreement in its entirety and discharge Super Cutz of any liability. All amounts paid shall be deemed the property of Super Cutz. If Customer has failed to pay, the account may be immediately suspended. 


ACCESS TO PROPERTY: Customer authorizes Super Cutz to access Customer’s property on days and times of Super Cutz choosing to provide the services requested. Super Cutz may further move personal property on the grounds as may be reasonably needed to perform its services. 


SCHEDULING MOWING: Regular maintenance work will not be scheduled during weekends or Federal Holidays, except under circumstances of weather conditions out of the control of Super Cutz. In the case of inclement weather causing delays, the normal schedule will resume the following week - even if it has only been a few days since the last cut. This is necessary to maintain quality and consistent service. If grass is overgrown, and must be cut more than once, Customer will be charged for extra time and labor at the rates as set at the beginning of the year by Super Cutz. In case of potential drought conditions or yard/house projects, moving trucks, fallen trees/limbs, etc. that could interfere with your service, Customer must let Super Cutz know at least 48 hours in advance or as soon as possible. Irrigation heads must not be sticking up when the property is mowed. Customer must acknowledge that Super Cutz does not accept responsibility for damage to items in the yard that cannot be seen prior to service. If Customer has a gate that requires a lock, Customer must give Super Cutz access to the code, or a key for entry into the yard. If Customer does not have Super Cutz access to a code or key, Customer must ensure the gate is unlocked on day of service. If notice is not received, and/or if Super Cutz shows up to perform service but is unable to do so due to any of the above-referenced issues, Customer will be charged a trip fee of $30. 


CUSTOMER RESPONSIBILITY: All miscellaneous items including: Trash, Animal Mess, Furniture, Water Hose(s), Large Sticks, etc. must be picked up from the lawn prior to Super Cutz’ arrival for service. If Customer does not clean up the lawn before the arrival of Super Cutz, service might be rescheduled to another date, or charged a fee for clean-up done by Super Cutz staff. 


DIGGING: For projects that require digging (mulch installation, trenching or possibly aerations), Customer should call 811 “Know what’s below, call before we dig”. Super Cutz may go as deep as 4” below the surface in delivering these services. All invisible fences, cables, and irrigation heads, etc. MUST BE MARKED prior to service. Customer can mark with spray paint, flags, or similar items. Customer agrees to assume responsibility for any damage done to items listed above, or any cables, wires, etc. that are buried less than 6” deep, if they are not marked prior to Super Cutz arrival. Customer must execute the aeration waiver prior to aeration services. 


CONTACT INFORMATION:   By providing your phone number to Super Cutz, Customer expressly consents for Super Cutz, along with its agents and affiliates, to contact Customer by telephone, including through the possible use of an automatic telephone dialing system or other automated technology, text and pre-recorded message, with marketing messages, offers and other information regarding Super Cutz products and services. Customer expressly consents to be contacted through such means at the telephone numbers (including wireless numbers) that Customer provides to Super Cutz. Customer represents and warrants that any mobile or wireless telephone number provided belongs to Customer and is associated with Customer’s account for a mobile device in Customer’s possession. Customer agrees to notify Super Cutz immediately if Customer’s mobile or wireless telephone number changes and furthers agree to indemnify and hold Super Cutz harmless for all claims, damages, and liabilities resulting from Customer’s failure to do so. Consent to be contacted is not a requirement of purchase. Should Customer have any questions about which addresses, telephone numbers or email addresses Customer provided to Super Cutz, or should Customer wish to stop receiving calls from Super Cutz, please review your account information or call Super Cutz at 812-470-5139. 


BINDING EFFECT:  This document constitutes a valid binding agreement between Customer and Super Cutz. The rights and obligations created hereunder are binding upon Customer and Super Cutz and their respective successors. Super Cutz may assign any of its rights and obligations to another company. No other person shall acquire or have any rights under or by virtue of these Terms & Conditions. 


MODIFICATIONS: Super Cutz reserves the right to revise its terms and conditions from time to time. Customer will be notified of any changes and agrees that Customers continued use of Super Cutz services after receiving such notice constitutes acknowledgement and agreement to be bound by the revised terms and conditions. 


INDEMNIFICATION:   Super Cutz shall be entitled to indemnification from the Customer for any loss, damage or claim incurred by Super Cutz by reason of any act or omission under these Terms performed or omitted by Customer. 


ENTIRE AGREEMENT: These terms constitute the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between parties. 


WAIVER / SEVERABILITY: Super Cutz failure to enforce any of these Terms or Conditions shall not be deemed a waiver of Super Cutz rights. If a court finds a provision in this Agreement to be invalid, Customer and Super Cutz agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid and enforceable. 


NOTICES: Written notice to Super Cutz may be sent to 6344 Oak Grove Rd. Newburgh, Indiana 47630. Any notice, demand, or request with respect to these terms and conditions shall be in writing and shall be effective only if it is delivered by, by personal service, by air courier with receipt of delivery, mailed, certified or registered mail with return receipt requested, postage prepaid to the address set forth above. Customers agree that notice may be sent by Super Cutz by electronic mail to the e-mail address provided by client, or by written service as described above to the address provided b client. Electronic communication from Super Cutz to Customer shall be considered effective upon sending. Any written communication shall be effective when they are received by the addressee; if sent by certified mail in the matter set forth above, they shall be effective five (5) days after being deposited in the mail. Any party may change their address for such communications by giving notice to the other party in conformity with this section. 


SURVIVAL: The terms and provisions contained herein that by their nature and content are intended to survive the performance of Super Cutz obligations shall so survive the completion of the performance, expiration and termination of this Agreement. 


NOTICE OF CLAIM AND OPPORTUNITY TO CURE: Customer acknowledges that Super Cutz is a lawn maintenance company that provides lawn maintenance services and that Super Cutz is not a home improvement contractor and / or a real property improvement supplier. Super Cutz applies all lawn care products per the manufacturer label. Before any claim can be asserted by Customer against Super Cutz arising from any alleged breach of its service agreement, or asserting damage or injury to person or property arising from any act or omission on the part of Super Cutz or its agents, employees, or representatives, Customer must provide timely written notice to Super Cutz identifying and documenting the damage or injury alleged and the acts or omissions that are the basis of Customer’s claim. The written Notice of Claim must be presented by Customer to Super Cutz within 7 days of the date of the alleged act or omission that caused damage, regardless of the date upon which the damage was first observed. Super Cutz will have 60 days following its receipt of Customer’s Notice of Claim to investigate Customer’s claim and to correct any deficiency or repair any damage that Super Cutz determines to have been its responsibility. Customer agrees to provide Super Cutz and/or agrees to allow a subcontractor of Super Cutz access and a reasonable opportunity to observe, test, document, and investigate Customer’s damage claims, and to effect remedial measures. Further Customer agrees to allow a subcontractor of Super Cutz choice to inspect and/or replace any damage. The failure of Customer to submit a timely written Notice of Claim constitutes an irrevocable acceptance by Customer of the sufficiency of Super Cutz performance of its agreed obligations. Customer waives and releases all claims for damage or injury allegedly arising from any act or omission on the part of Super Cutz or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim. 


TIME LIMIT FOR FILING CUSTOMER CLAIMS: Notwithstanding the provisions of any other statutes of limitations, Customer agrees that all claims by Customer against Super Cutz are barred if such claims are not initiated within one year of the last date of service provided by Super Cutz to Customer, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when Super Cutz receives a written demand for arbitration of such claim. If the arbitration provisions of this agreement are determined inapplicable or unenforceable to such claim, the claim is not “initiated” until Super Cutz receives service of a Summons and Complaint. 


MANDATORY ARBITRATION: Customer and Super Cutz agree that all claims by Customer against Super Cutz which in any way relate to this agreement, or to the lawn care services provided to Customer by Super Cutz, will be resolved by mandatory binding arbitration. This arbitration requirement applies to all claims, regardless of the legal theory under which such claim is brought, including claims sounding in contract, tort, strict liability, fraud, or based on statute. The arbitration shall be conducted in Warrick County, Indiana under the Commercial Arbitration Rules of the American Arbitration Association. 


LIMITATION OF LIABILITY: In no event shall Super Cutz be liable to Customer, and Customer expressly waives and agrees to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, or emotional or mental injury. In no event shall Super Cutz be liable to Customer, and Customer expressly waives and agrees to make no claim for exemplary or punitive damages, or for statutory minimum damages or treble damages or costs or attorney fees. In any claim for damage to Customer’s lawn, plants or landscaping, Super Cutz’s liability is limited to, and shall not exceed, the amount Customer paid for the lawn care application alleged to have caused the damages claimed by Customer. 


GOVERNING LAW / VENUE: If the arbitration provisions of this agreement are determined to be inapplicable or unenforceable as to any claim of Customer against Super Cutz, any litigation between Customer and Super Cutz shall be governed by Indiana law and resolved exclusively in the State or Federal courts located in Warrick County, Indiana. Customer agrees to personal jurisdiction and venue in Warrick County, Indiana. Customer expressly waives any right to a trial by jury in any litigation against Super Cutz.

 

ATTORNEYS FEES: If litigation or arbitration is initiated against Super Cutz by Customer in violation of the terms of this Agreement, or if Super Cutz initiates litigation or arbitration against Customer to enforce Super Cutz’ rights under the terms of this agreement, Customer agrees to pay Super Cutz’ litigation / arbitration costs, including attorney fees, incurred in successfully enforcing the terms of this Agreement, or in successfully defending a claim.

 

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP. CUSTOMER AND SUPER CUTZ LAWN CARE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT CONSENT TO THE CONSOLIDATION OF HIS OR HER CLAIMS WITH THE CLAIMS OF ANY OTHER CUSTOMER OR GROUP OF CUSTOMERS WITHOUT THE EXPRESS WRITTEN CONSENT OF SUPER CUTZ LAWN CARE, LLC.

Website privacy Notice

Super Cutz Lawn Care Privacy Notice


Last Updated: April 9, 2025

Last Reviewed: April 9, 2025


Super Cutz Lawn Care LLC (“Super Cutz,” “We,” “Our”) understands the importance of protecting the privacy of personal information you provide through our website at www.supercutz.com (“Site”). By accessing our Site or providing us with your personal information, you consent to the processing and use of your information in accordance with this Privacy Notice. Your use of the Site indicates your agreement with the terms outlined in this Privacy Notice.


This Privacy Notice applies to:


  • Information collected on this Site


  • Information provided via email, text, or other electronic communications between you and this Site.


This Notice does not apply to information collected offline or through other means, including third-party websites. If you are a registered user of password-protected sections of the Site, any agreements you have with Super Cutz that address your personal information may take precedence over this Privacy Notice.


Our Site is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13.


Information We Collect


Information You Provide:


We may collect and retain information you provide to us when you visit our Site or interact with us, including:


  • Filling out forms on our Site
  • Communicating with us via feedback, requests for support, or general inquiries
  • Executing searches on our Site
  • Subscribing to our newsletter or promotional content


The information collected may include your personal information such as:


  • Name
  • Mailing address
  • Email address
  • Phone number(s)


Automatically Collected Information:


We may collect certain information automatically when you visit our Site, such as:

  • IP address
  • Browser type, device, and operating system used
  • Pages you visit and actions taken on the Site
  • Referring website addresses and information about your internet service provider


We may also use cookies, web beacons, and other data technologies to gather information about your activities on our Site, which may be shared with third parties as described in this Privacy Notice.


Email Communications:


We may track the effectiveness of our email communications, including whether you open emails or click on links in them.


Information from Other Sources:


We may obtain additional information about you from third-party sources, including your interactions with our services or other websites.


How We Use Your Information


We may use the information we collect for the following purposes:


  • To operate and support our Site and services
  • To respond to your inquiries or provide customer support
  • To send you information, newsletters, promotions, or offers you requested
  • To improve our Site and services, including for security purposes
  • To comply with legal obligations or enforce our rights


We may also use the information for advertising and promotions, personalizing content, and conducting statistical analysis.


How We Share Your Information


We may share information with the following entities:


  • Affiliates and Business Partners: We may share your personal information with our affiliates and business partners that assist in the operation of our Site and services.


  • Service Providers: We may share information with third-party service providers, such as analytics companies or email marketing services, who help us run our Site or improve our services.


  • Business Transfers: If we sell or acquire assets, customer information may be transferred as part of the transaction. You consent to such transfers as part of the ongoing operations of Super Cutz.


  • Legal Compliance: We may release your information when required by law, or to protect the rights, property, or safety of Super Cutz, our users, or others.


Choices Regarding Your Information


You can control the information you provide in the following ways:


  • Unsubscribe from Emails: You can opt out of receiving promotional emails by following the unsubscribe link included in each email.


  • Cookies and Tracking Technologies: You may control cookies and tracking settings through your browser or device. However, rejecting cookies may affect the functionality of our Site.


Data Retention


We will retain your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice and to comply with applicable laws.


Accessing and Updating Your Information


You can review and update your personal information by logging into your account on our Site. You can also contact us via email at info@supercutz.com to request access, correction, or deletion of your personal information.


California Privacy Rights


If you are a California resident, you have the following rights:


  • Right to Know: You may request information about the personal information we have collected, used, or shared in the last 12 months.


  • Right to Delete: You may request the deletion of your personal information.


  • Right to Opt-Out: You have the right to opt out of the sale or sharing of your personal information, though Super Cutz does not sell personal information to third parties.


To exercise these rights, contact us at info@supercutz.com or by phone at 812-480-4248. You may also designate an authorized agent to make requests on your behalf.


Security of Your Information


We use physical, logical, and procedural security measures to protect your personal information. However, no data transmission over the internet can be guaranteed secure. If you have concerns regarding security, please contact us.


Links to Other Sites


Our Site may contain links to third-party websites. Please be aware that Super Cutz is not responsible for the privacy practices of these external sites. We encourage you to review their privacy policies before interacting with them.


Changes to This Privacy Notice


We may update this Privacy Notice from time to time. We will post any changes on this page, with an updated effective date.


Contact Us


If you have any questions about this Privacy Notice, or if you would like to request this notice in a different format, please contact us:

Super Cutz Lawn Care

755 Birkshire Drive, Chandler, IN 47610

Phone: 812-480-4248

Email: info@supercutz.com

Website terms of use

Legal Information


Last Updated: April 9, 2025

Last Reviewed: April 9, 2025


Acceptance of the Terms of Use


These terms of use ("Terms of Use") are entered into by and between you and Super Cutz Lawn Care LLC ("Super Cutz," "we," or "us"). The following terms and conditions govern your access to and use of www.supercutzlawncare.com (the "Site"), including any content, functionality, and services offered on or through the "Site," whether as a guest or a registered user.


Please read these Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.


The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.


Changes to the Terms of Use


We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.


Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.


Accessing the Site and Account Security


We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.


To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Intellectual Property Rights


The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) ("Content") are owned by Super Cutz Lawn Care LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, digitize, translate, distribute, commercially exploit, store, or transmit any of the material on our Site, except as follows:


  • If we provide social media features with certain Content, you may take such actions as are enabled by such features.


Without Super Cutz’s express written permission, you must not:


  • Modify copies of any Content.


  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.


  • Delete or alter any copyright, trademark, or other proprietary rights notices from Content.


You must not access or use for any commercial purposes any part of the Site or any services or Content available through the Site.


If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Super Cutz. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


User Generated Content


You retain ownership of User Generated Content (as defined below) submitted to the Site. However, User Generated Content will be considered Content and will be treated as non-confidential and non-proprietary, and you understand that Super Cutz does not guarantee any confidentiality with respect to the User Generated Content. By submitting User Generated Content to Super Cutz, you agree to grant, and shall be deemed to have automatically granted, to Super Cutz an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such Content for the purpose of operating, promoting, and improving the Site and Super Cutz’s services and to develop new ones. You represent and warrant that you have the right, power, and authority to grant the foregoing license. You agree that User Generated Content that you submit will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the User Generated Content and grant to Super Cutz all of the license rights granted herein. You agree to release, discharge, and agree to hold harmless Super Cutz from any and all claims or liability, whether known or unknown, in connection with the publication, production, processing, distribution, or exploitation of Content posted by you, including any claims of infringement of any rights of publicity or rights of privacy. Super Cutz reserves the right to remove User Generated Content without notice.


You acknowledge, consent, and agree that Super Cutz may, at its sole discretion and to the extent permitted by law, access, read, preserve, and disclose your account information, usage history, and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce these Terms of Use and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety or interests of Super Cutz, other users of the Site (“Users”), or the public.


If you believe that any of the content on the Site infringes your copyright or trademark rights or your rights of publicity, please contact support@supercutzlawncare.com.


Trademarks


The Super Cutz Lawn Care LLC name, the Super Cutz logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Super Cutz Lawn Care LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Super Cutz Lawn Care LLC. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.


Prohibited Uses


You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:


  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).


  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.


  • To impersonate or attempt to impersonate Super Cutz Lawn Care LLC, a Super Cutz employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).


  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Super Cutz Lawn Care LLC or users of the Site or expose them to liability.


Additionally, you agree not to:


  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real-time activities through the Site.


  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.


  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.


  • Use any device, software, or routine that interferes with the proper working of the Site.


  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.


  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.


  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.


  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other form of solicitation.


  • Harvest or otherwise collect or store the name, email address, or any other personal or confidential information of any User without such User’s consent, by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email.


  • Upload, post, transmit, share, store, or otherwise make publicly available any personally-identifiable information of any third party, including but not limited to addresses, phone numbers, email addresses, social security numbers, and credit card numbers.


  • Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, embarrassing to others, untrue or inaccurate, hateful, or racially, ethnically, or otherwise objectionable.


  • Upload, post, email, transmit, or otherwise make available any Content that contains images of or information about children or discloses details which could enable a child or their exact location to be identified (without obtaining prior consent from the child’s parent or legal guardian), or in which children are inappropriately dressed or depicted in a submissive or sexually suggestive manner.


  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website.


  • Intentionally or unintentionally violate any applicable local, state, national, or international law.


  • Take any action that is contrary to Super Cutz Lawn Care LLC’s public image, goodwill, reputation, or mission.


  • Otherwise attempt to interfere with the proper working of the Site.


Reliance on Information Posted


The Content presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.


This Site may include Content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Super Cutz Lawn Care LLC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Super Cutz Lawn Care LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Children’s Online Privacy Protection Act


Congress has enacted a law called the Children’s Online Privacy Protection Act of 1998 (COPPA) which is designed to protect children’s privacy during use of the Internet. Super Cutz does not direct content at, and will not request personally identifying information or content from, anyone under the age of 13. Super Cutz will promptly delete any Personal Information we have collected about a user less than 13 years of age if we become aware that we have collected such Personal Information.


Geographic Restrictions


The owner of the Site is based in the state of Indiana in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Disclaimer of Warranties


You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SUPER CUTZ NOR ANY PERSON ASSOCIATED WITH SUPER CUTZ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SUPER CUTZ NOR ANYONE ASSOCIATED WITH SUPER CUTZ REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SUPER CUTZ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability


IN NO EVENT WILL SUPER CUTZ, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.


THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification


You agree to defend, indemnify and hold harmless Super Cutz, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.


Governing Law and Jurisdiction


All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the state or federal courts located in the State of Indiana, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Arbitration


At Super Cutz's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.


Limitation on Time to File Claims


ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


Waiver and Severability


No waiver of by Super Cutz of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Super Cutz to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Survival


The following provisions of these Terms of Use shall survive the termination of your access to the Site: Intellectual Property Rights, Limitation of Liability, Indemnification and Disclaimer.


Entire Agreement


The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Super Cutz with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.


Your Comments and Concerns


The Site is operated by Super Cutz at 755 Birkshire Drive, Chandler, IN 47610.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@supercutz.com.