1. ACCEPTANCE OF TERMS OF USE

Eco-Mowers, Incorporated, (Hereafter: WiseGrasshopper) provides online resources, including directory information, category and genre descriptions, and tips for finding qualified instruction (referred to hereafter as “the Service”, and subject to the following Terms of Use (“TOU”) in its entirety). By engaging, browsing, reading, posting, or in any other way using the Service, you are agreeing to comply with the TOU. You also agree to abide by any other WiseGrasshopper guidelines, which may change at any time and without notice. It is your responsibility to frequently read and review the TOU, as well as any other guidelines or modifications to either if you continue to use the Service in any way. Should you object to WiseGrasshopper in any way, the TOU, or any other guidelines, or become offended or dissatisfied, your best and only course of action would be to immediately discontinue use of WiseGrasshopper. You agree not to make any claims, legal or otherwise, against WiseGrasshopper.

2. CHANGES TO THE TERMS OF USE

It is the right of WiseGrasshopper, at any time and for any reason, and by our sole discretion, to change, restructure, reconfigure, replace, change the location of, or otherwise modify these TOU. Any modification made by WiseGrasshopper is effective immediately upon posting on WiseGrasshopper.com. It is your responsibility to regularly read and review these TOU, and to keep yourself abreast of any modifications. The most recent version of the TOU can always be found at https://www.wisegrasshopper.com/terms.php

3. CONTENT

All information, descriptions, postings, messages, text, downloads, photos, video, sounds, files, and other materials posted on, uploaded or downloaded, linked or hyperlinked, or transmitted through WiseGrasshopper (hereafter referred to as “Content”) are the sole responsibility of the user or person from whom that Content originated. Should you post any Content on the site, you hereby acknowledge that you are solely responsible for its use, legality, suitability, and implication. You understand that WiseGrasshopper is not responsible for Content posted on its site, nor does it control Content. By using WiseGrasshopper, you understand that you may be exposed to Content you find offensive, inaccurate, misleading, or disagreeable. WiseGrasshopper does not guarantee the accuracy or validity of any Content posted on its site. Should you choose to post a link to any other website, you do so at your own risk and WiseGrasshopper assumes no responsibility for these links, either to the poster or the viewer of these links. You acknowledge that WiseGrasshopper is not liable in any way for any Content, any damages or loss, be it physical, mental or other, that occurs as a result of the use of Content posted, emailed, linked, or otherwise made available through the Service.

You acknowledge that WiseGrasshopper does not pre-screen or approve Content, but that WiseGrasshopper has the right (though not the obligation) in its sole discretion, to remove, delete, change, or move any Content on the site or its affiliates.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

WiseGrasshopper contains links, postings, advertisements, and other portals and connections to third parties. Any third party content found on the Service is completely independent of WiseGrasshopper, and by agreeing to these TOU, you recognize that you are using this third party content at your sole discretion. You agree to release WiseGrasshopper of any liability for third party content, including but not limited to servers, networks, information, databases, applications, software, advertisements, products, Service, websites, viruses, directories, the internet, or any other Content you may find.

Any and all interactions, voluntary or otherwise, that you have with organizations, sites, individuals or other parties through the Service, including but not limited to payment, lessons, classes, homework, assignments, instruction, transactions other than payment, or any other dealings, are solely your responsibility and are conducted between you and such third parties, and do not involve WiseGrasshopper in any way. It is your responsibility to investigate the legitimacy and authenticity of any third party you interact with on WiseGrasshopper, and to do so before conducting any interaction with such third parties.

Furthermore, you agree that WiseGrasshopper shall not be accountable, held responsible, nor are there any grounds, legal or otherwise, on which WiseGrasshopper can be held accountable for any damage(s) or loss(es) that result from your participation on the site or with any third party affiliated with the Service. Should there be any disagreement between any participants of the Service, you fully understand and agree that WiseGrasshopper has no obligation to become involved in any way. Should any dispute arise between you and any other users, third parties or affiliates of the site, you hereby release WiseGrasshopper, its officers, employees, shareholders, agents, successors, and volunteers from any claims, demands, and damages (actual, implied, and/or consequential) of every and any kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, resulting or arising from, or in any other way related to such disputes and/or the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

Should you come to believe that your property (intellectual or otherwise) has been plagiarized or copied in any way that constitutes infringement (copyright, intellectual property, or other), and that this infringement somehow involves WiseGrasshopper, please notify WiseGrasshopper at info@WiseGrasshopper.com. In this email, please include the material on the Service that you claim has been infringed upon, including a link to the information if possible. If you can’t provide a link directly to the material, let us know how we can find the material on the site. In the body of your email (no attachments please—any emails with attachments will be automatically deleted and not read by any directors, employees, volunteers, or other affiliates of WiseGrasshopper), write a clear statement that you believe that usage of the property is not authorized by the copyright owner, its agent, or the law. Please state that, under penalty of perjury, everything you are claiming is true to the best of your knowledge, and that you are the owner of the copyright interest or that you are legally authorized to act on behalf of that owner. Include clear contact information for you, including physical address, best phone number to reach you at and hours at which you can be reached, and email address. Include the following statement, “I, [fill in your name], believe to the best of my knowledge that the above information is true.” This will be considered an electronic signature, legally obligating you to all the rights, obligations, and potential penalties for perjury for the claims you make. WiseGrasshopper will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

6. USE OF THE SERVICE

You agree not to conduct illegal, offensive, threatening, abusive, discriminatory, libelous, defamatory, slanderous, operations of any kind on or through WiseGrasshopper, its affiliates and partners. You agree that all actions you partake in through WiseGrasshopper, its affiliates and partners, represents, to the best of your knowledge, the most accurate, inoffensive, and respectful possible. You agree not to make Content available that is unlawful, pornographic, racist, sexist, ageist, or otherwise offensive in any way, or that violates any law. You agree not to falsely represent yourself or anyone else, copy or impersonate other person or entity, including but not limited to officers of the law, or a WiseGrasshopper director, employee, volunteer, or other agent of the company. You will not post or redirect information that allows identification of any other person without obtaining written permission from that person. You will not violate any copyright, trade secret, patents, or other intellectual property that does not solely belong to you by posting information, links, or descriptions on WiseGrasshopper. You will not use WiseGrasshopper to administer any spam, chain mail, pyramid schemes, and other similar concepts or programs. If you do, you agree to pay WiseGrasshopper damages as spelled out in section 18. You agree that you will provide no illegal Services to users of WiseGrasshopper, and will not advertise any illegal goods or Services through your posting(s) on WiseGrasshopper. You agree that you will not spread any viruses or other software through any interaction you have with WiseGrasshopper. You agree that you will only post a Service that you are certain that you are qualified for, and that any normal person or third party judge would find you qualified for, and that you will not flood the Service with information or postings that interrupt the use of WiseGrasshopper by other users. You agree not to ‘stalk’, harass, bother, or negatively interact with other users aside from one and only one email with constructive criticism formulated with a pro-con-pro format to help others involved with the site to improve their programs, Services, participation or offerings. You will not collect personal data about users for unlawful or commercial purposes. You will not use automated tools for data mining, collection, or distribution, unless you get written permission from WiseGrasshopper. You will not post irrelevant material or Content, or Content that is geographically improper, or that places a disproportionately large load on the infrastructure of WiseGrasshopper. You agree not to attempt to access WiseGrasshopper’s systems for any reason, including but not limited to disruption, causing slowdowns, impairing function, or gathering data.

You agree that you are 18 years of age or older, and that you will not engage in any activity through WiseGrasshopper that would be considered by a court of law to violate any laws, statutes, orders, manifestos, or credes in any municipality in which WiseGrasshopper conducts business that pertain to solicitation of underage minors or in any way is inappropriate behavior concerning those under the age of 18. If you are under the age of 18 and are using WiseGrasshopper, you agree that you have the consent of a parent or legal guardian.

7. POSTING AGENTS

WiseGrasshopper defines a posting agent as a third-party that you allow to post information on WiseGrasshopper. WiseGrasshopper does not allow posting agents to post information on its site, and you hereby agree not to allow a posting agent to post information for you on WiseGrasshopper. Furthermore, if you are a posting agent, you agree to cease and desist any action on WiseGrasshopper, remove any information you have posted on WiseGrasshopper, and contact the parties you represent to let them know that you are not allowed to post their information on WiseGrasshopper. In certain cases, WiseGrasshopper may allow posting agents to post information for other users on the Service, but only with express, written consent. This consent may be obtained by contacting WiseGrasshopper at info@Wisegrasshopper.com with the following information embedded in the body of the email: name of posting agent, contact information for posting agent, name of party or parties represented by posting agent, contact information for party or parties represented by posting agent, and a brief explanation (200 words or less) of why a posting agent is necessary in this case.

8. PRIVACY AND INFORMATION DISCLOSURE

WiseGrasshopper posts its privacy policy at

https://www.WiseGrasshopper.com/privacy.php

The privacy policy explains the collection of data and how it is used. By utilizing WiseGrasshopper in any way, you agree that you have read and understand the Privacy Policy, how it relates to you, and agree that WiseGrasshopper may, in its sole discretion, keep or disclose your Content, as well as your information, such as email addresses, IP addresses and any other user information, if required to do so by law or in the good faith understanding that such action is necessary in a just and reasonable way to comply with legal requirements or processes, respond to any claims, to protect the rights, property or safety of WiseGrasshopper, its users, or the general public.

9. POLICY FORBIDDING UNSOLICITED EMAIL (SPAM)

You understand and agree that sending unsolicited email to users of WiseGrasshopper is expressly forbidden. Any such use puts you at risk of prosecution (criminal, civil, or both) under several state and federal laws, as well as penalties outlined in part 6, above.

10. TERMINATION OF YOUR PRIVILEGE TO USE THE SERVICE

You understand and acknowledge that WiseGrasshopper may at any time and for any reason, terminate your access and license to use the Service. WiseGrasshopper may block your IP address or email. If your access, license as discussed in section 12, account, or membership to WiseGrasshopper is deleted, terminated, blocked, or in any other way revoked, you agree not to attempt to use the Service again.

11. LIMITATIONS ON SERVICE

You acknowledge that WiseGrasshopper may limit users’ access to and use of the Service. WiseGrasshopper is under no obligation to retain your postings or other information for any length of time. WiseGrasshopper may, at its sole discretion, restrict your use of the Service, including but not limited to the number of postings, length of time postings are displayed, content of postings, frequency at which you may use the Service, or the complete deletion of your posting. WiseGrasshopper retains the right to alter, modify, suspend or terminate the Service with no warning, and that WiseGrasshopper is not liable to you or to any third party for these actions.

12. ACCESS TO THE SERVICE

You understand that access to the Service is a privilege, granted to you by WiseGrasshopper. WiseGrasshopper allows use and access to its Service through a limited, nonexclusive license. WiseGrasshopper retains the right to repeal this license at any time and without notice. This license is for your personal use only. WiseGrasshopper limits this license such that any collection of information (data) by any means, including but not limited to robots, spiders, Trojan horses, jibs, or any other data gathering tool, for any purpose, unless prior written approval is granted by WiseGrasshopper is strictly prohibited. WiseGrasshopper exempts internet search engines from this restriction, only in so much as it permits internet search engines to search the Service and display hyperlinks to the Service, provided these engines conduct their operation from a stable IP address(es), using an easily identifiable agent. You are permitted to place a link to WiseGrasshopper on your website only under the following circumstances: the link does not in any way imply negative (misleading, derogatory, inflammatory, controversial, false, or otherwise offensive) connotations of WiseGrasshopper, its employees, Board of Directors, volunteers, or affiliates, and that you follow the guidelines of the TOU.

Further use beyond the accepted access described in this section, authorized by WiseGrasshopper, will require express, written permission from WiseGrasshopper.

13. PAID ADVERTISEMENTS

WiseGrasshopper may charge fees for some postings. The fee is non-refundable. WiseGrasshopper may remove Content and postings at any time and for any reason, and is under no obligation to refund the fee.

14. INDEMNITY AND DISCLAIMER OF WARRANTIES

You acknowledge and agree to accept full responsibility and risk for any damages to you resulting from use of the Service. WiseGrasshopper disclaims, to the fullest extent of the law, any and all warranties, express or implied, for use of the Service, and permits use of its site on an “As is” or “As available” basis. WiseGrasshopper disclaims all warranties for use of the Service, including but not limited to any warranties on safety, security, truthfulness, relevance, timeliness, consistency, merchantability, non-infringement, and reliability to the fullest extent of the law. Further, WiseGrasshopper disclaims any warranties relating to the Content of the Service, whether posted by WiseGrasshopper or its users, or accessed through the Service via hyperlinks available on the site. WiseGrasshopper disclaims any and all warranties for viruses, Trojan horses, or any other destructive, harmful, or intrusive elements derived from, connected to, or associated with WiseGrasshopper’s site or Service. In the case of those jurisdictions in which disclaimers of implied warranties are not allowed or are limited, some of this section regarding implied warranties may not apply directly to you.

Your use of the Service is entirely voluntary, and you acknowledge that you will hold WiseGrasshopper, its employees, volunteers, Board of Directors, affiliates, successors, assigns, agents, Service providers, suppliers, contractors and subcontractors harmless from any claims, demands, or damages, including legal fees, reasonable attorney fees, court costs, penalties or other damages, made by third parties deriving from Content you place, post, upload, or in any other way make available through your use of the Service, violation of the TOU, or your violation of any rights of another party, including but not limited to slander, libel, false or defamatory claims, controversial postings, or any other transgression.

15. PROPRIETARY RIGHTS

You acknowledge and understand that the Service is the property of WiseGrasshopper, and all property, intellectual, physical, or otherwise, is protected by U.S. and other copyright laws and any applicable international treaties. Though WiseGrasshopper does not claim any ownership of Content posted to its site by its users, all Content of the Service is protected by copyright as a collective work and/or compilation and is protected pursuant to copyright laws and generally accepted international conventions. You are strictly forbidden to copy, change, alter, or adapt Content from the site for any reason without express written permission from WiseGrasshopper. You are prohibited from using the source code of the Service for any purpose.

You agree that posting any information or Content to the Service gives unconditional, permanent, non-exclusive license to WiseGrasshopper to use the Content for any purpose. This includes but is not limited to the replication, display, distribution, and use of said Content. Further, WiseGrasshopper is permitted to approve and give further use sublicenses for similar purposes. WiseGrasshopper also retains the right to limit further use of the Content.

WiseGrasshopper is a registered mark in the U.S. Patent and Trademark Office.

16. LIMITATIONS OF LIABILITY

WiseGrasshopper and its affiliates, employees, Board of Directors, and volunteers will not be held accountable or liable for any damages resulting or allegedly resulting from the use of the Service, including direct, indirect, incidental, special, consequential or exemplary damages, even if WiseGrasshopper was previously notified for the potential for these damages, regardless of the reason for the damages, be they resulting from the use or misuse of the Service, or the inability to use the Service for whatever reason, including but not limited to any interruption, adjustment, adaptation, delay, suspension, or cessation of the Service, even if those activities are the direct and intended consequences of actions by WiseGrasshopper, its employees, affiliates, Board of Directors, or volunteers. Furthermore, any damages resulting from Services, information, advice or products offered through, received through, advertised in, linked through or in any other way connected to the Service shall also be limited similarly as stated above in this section. All limitations in liability for WiseGrasshopper are expressed to the fullest extent permitted by law. In those jurisdictions in which limitations of liability are not permitted, some aspects of this section may not apply directly to you.

17. GENERAL INFORMATION

There is no other source of governance for your use of the Service besides the TOU. The TOU shall trump any other agreement, past, present, or future, between you and WiseGrasshopper. These TOU and your relationship with WiseGrasshopper are governed by the laws of the state of California without regard to its conflict of law provisions. You agree to abide by the jurisdiction of the courts located within the county of San Francisco, California. Should WiseGrasshopper fail to enforce any condition of the TOU for any reason, this will not represent a waiver on behalf of WiseGrasshopper of its rights expressed in the TOU. Should any part of the TOU be found by a court of law of competent jurisdiction to be inapplicable, invalid, or unreasonable, you and WiseGrasshopper still agree that the court represents the arbiter and should govern on the parties’ intentions as reflected in the clause. All other provisions of the TOU shall remain fully in effect. Furthermore, you will file any grievance or claim related to the Service or the TOU within one (1) year after such grievance or claim arose, or be permanently and forever barred from filing said grievance or claim, whether or not any statute, law, court of law, or other authority states otherwise. Sections 2, 4, 7, 8, 10, and 12-17 shall survive termination of the TOU.

18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

You agree to send any information about known or suspected violations of the TOU to WiseGrasshopper at info@WiseGrasshopper.com, or by flagging the posting in question. WiseGrasshopper is under no obligation to act to rectify or address any such violation, and waives no rights to exercise its authority with regard to the TOU should it fail to do so. Similarly, WiseGrasshopper retains its limited liability and disclaimer of warranties as addressed above regardless of whether it acts in response to flags or violations of the TOU. Should WiseGrasshopper pursue legal recourse or action to enforce the TOU, you will pay WiseGrasshopper for all expenses including but not limited to reasonable attorney fees, court and other legal fees, transportation costs, employee labor for time spent preparing documents, legal action, or any other process associated with WiseGrasshopper’s claim against you, and other damages as seen fit by a civil court. Furthermore, if you are limited by WiseGrasshopper in any way as described in sections 10-12 above, and act in a manner inconsistent with your limitation, you agree to pay WiseGrasshopper $500 for each use of the Service after you are notified of your limitation via email at the email address you provide to WiseGrasshopper during your registration. If you post any information or links that libel, slander, misrepresent, and/or impersonate any other individual, you agree to pay all legal fees, including court fees, reasonable attorney fees, and penalties brought on WiseGrasshopper by any third parties, plus a fee of $1,000 for each such posting. If you send unsolicited messages (SPAM) through email addresses posted on the Service, you agree to pay WiseGrasshopper $100 for each recipient address you use for this purpose. Should you choose to reproduce, reverse engineer, or use any Content on the Service (not including any information you post) without the express written consent of WiseGrasshopper, you agree to pay WiseGrasshopper $5,000.

All payments made to WiseGrasshopper must be made through the Service, and are due within 30 days upon notification of debt. After 30 days, interest will accrue on any debt at 17.5% APY, compounded monthly.

If for any reasons these fees are deemed by a court of law to be unfair or inapplicable for any reason, you agree to pay WiseGrasshopper’s actual costs incurred by your violation of the TOU, as reasonably calculated by a court of law or by a California Certified Public Accountant appointed by WiseGrasshopper. You also agree to pay the court fees, legal fees, reasonable attorney fees, and/or costs associated with the Certified Public Accountant.

19. FEEDBACK

Any feedback related to the TOU can be sent to WiseGrasshopper at info@wisegrasshopper.com.