Terms and Conditions - Brian's Tree Service, LLC

Thank you for visiting the Brian’s Tree Service, LLC Web site. We have set up some ground rules to ensure that we can keep this area useful, fun, and safe for everyone. Brian’s Tree Service, LLC reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Brian’s Tree Service, LLC Web site shall be subject to the current guidelines.

WEBSITE TERMS AND CONDITIONS OF USE

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

1. Restrictions on Use – All pages within this Website and any material made available for download (collectively the “Site”) are the property of Brian’s Tree Service, LLC and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Brian’s Tree Service, LLC. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Brian’s Tree Service, LLC.

2. Trademark Notice – “Brian’s Tree Service” is the logo, trademark, and service mark of Brian’s Tree Service, LLC. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

3. Warranty Disclaimer – THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. Brian’s Tree Service, LLC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Brian’s Tree Service, LLC attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Brian’s Tree Service, LLC so that it can be corrected. Information contained on the Site may be changed or updated without notice.

4. Confidential and Proprietary Information – Brian’s Tree Service, LLC does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Brian’s Tree Service, LLC through the Site will be deemed NOT to be confidential. By sending Brian’s Tree Service, LLC any information or material, you grant Brian’s Tree Service, LLC an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Brian’s Tree Service, LLC is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

5. Links to Our Site – If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.

6. Links or Pointers to Other Sites – Brian’s Tree Service, LLC makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Brian’s Tree Service, LLC Website, please understand that it is independent from Brian’s Tree Service, LLC, and that Brian’s Tree Service, LLC has no control over the content on that Website. In addition, a hyperlink to a non-Brian’s Tree Service, LLC Website does not mean that Brian’s Tree Service, LLC endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

7. Choice of Law and Venue – These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

8. Entire Agreement – These Terms and Conditions constitute the entire agreement between Brian’s Tree Service, LLC and you pertaining to the subject matter of this Agreement. In its sole discretion, Brian’s Tree Service, LLC may modify these Terms and Conditions by posting the revised version on this Site.

9. No Unlawful or Prohibited Purpose – As a condition of your use of this Site, you warrant to Brian’s Tree Service, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

DISCLAIMERS

All data, software, and documentation in Brian’s Tree Service, LLC’s Web site are provided “as is” without warranty of any kind, either expressed or implied. Brian’s Tree Service, LLC, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, noninfringement, merchantability or fitness of any information contained on this site.

The information published on this web site was valid at the time of publication. Brian’s Tree Service, LLC reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Brian’s Tree Service, LLC is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Brian’s Tree Service, LLC reserves the right to remove such materials from the Brian’s Tree Service, LLC Web site without liability.

The contents of the Brian’s Tree Service, LLC Web site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Brian’s Tree Service, LLC and contain Brian’s Tree Service, LLC’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Brian’s Tree Service, LLC services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. Brian’s Tree Service, LLC assumes no responsibility for any other party’s site hyperlinked to the Brian’s Tree Service, LLC Web site or in which any part of the Brian’s Tree Service, LLC Web site has been hyperlinked.

The Brian’s Tree Service, LLC Web site contains links to and frames of sites which are not maintained by Brian’s Tree Service, LLC. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Brian’s Tree Service, LLC Web site does not imply Brian’s Tree Service, LLC’s endorsement of the linked or framed sites or their content.

By sending us a message in the e-mail area, you agree to have it along with your name posted for public viewing both here and in other Brian’s Tree Service, LLC promotional and advertising materials without compensation. Any messages that might be posted here represent the opinions of other Brian’s Tree Service, LLC Web site users and do not represent the ideas or opinions of Brian’s Tree Service, LLC. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of Brian’s Tree Service, LLC. In consideration of this authorization, you agree that any copy of this information that you make shall retain all copyright and other proprietary notices contained here in this Web site.

The views and opinions of authors published on this site do not necessarily reflect those of Brian’s Tree Service, LLC. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Brian’s Tree Service, LLC. Nor shall any information or statements contained on this server be used for the purposes of advertising, or to imply an endorsement or recommendation. With respect to documents available from this server, neither Brian’s Tree Service, LLC nor any of its employees make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Brian’s Tree Service, LLC nor any of its employees assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.

The following are guidelines for posting material on Brian’s Tree Service, LLC:

Because children may visit our website, the use of profanity, vulgar language, antagonistic remarks and/or ethnic slurs is strictly prohibited.
Advertising of any outside websites or placing outside Web links in our comments area or any part of our webstite is strictly prohibited as well as the advertising or “hawking” of any products.
We encourage creative, original and thought-provoking discussions. The comments area will not be a free forum for personal attacks on others.
Violators of this policy may be barred from access to our webstie. Adherence to these guidelines will ensure that all who visit will enjoy their experience on the Brian’s Tree Service, LLC website.