When you ("You" or "User") use this Internet web site (www.LaValleLandscaping.com) and its related services ("Site") You agree to the following terms and conditions (the "Agreement"). LaValle Landscaping ("LaValleLandscaping.com" or "we") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.

BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.

This Site is intended to be used by Adults Only.
You may not use this site unless you are at least 13 years old. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), LaValle Landscaping will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.

Orders and Contracts
If you have placed an order, or entered into a contract, please read our Contract Agreement.

Guard Your Password.
LaValle Landscaping provides premium services that may be accessed by using a password. If You are a premium services user ("Premium User"), You agree to safeguard the user name and password You use to access this Site. You authorize us to assume that any person using the Site with Your user name and password either is You or is authorized to act for You. You may use premium services only while You are a registered user.

Provide Accurate Information.
When asked to provide information, You agree that You will provide true, accurate and complete information. You also agree that You will maintain and update such information to maintain its truth, accuracy and completeness. LaValle Landscaping reserves the right to terminate Your use of the Site upon the discovery that the information You provided is not complete or accurate. Please contact us at member.service@LaValleLandscaping.com if you need to update your information we have on file.

Privacy
Please see our Privacy Policy.

Rights You Grant to LaValle Landscaping.
When You post information, text, files, links, software, or other materials ("Content") to the Site, You are granting, or warranting that the owner of such Content has expressly granted, a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and/or to incorporate such Content in other works in any form, media or technology now known or later developed. LaValle Landscaping will take reasonable precautions such that these rights are only used for legitimate business purposes related to (i) transmission, routing, or transient storage of communications, or (ii) management or operation of the Site and/or related sites and services.

User Obligations.
You agree not to do any of the following while using the Site:

• violate any applicable law or regulation;
• post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
• post or transmit any Content that infringes a third party's intellectual property rights, rights of publicity or privacy;
• post or transmit any Content that is unlawful, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs) or otherwise objectionable;
• access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
• tamper with postings of other users; gather and use information, such as other users' email addresses, available from the Site to transmit any unsolicited advertising, "junk mail", "spam", or "chain letters;"
• post false or misleading information about a product or service;
• frame or link to the Site except as permitted in writing by LaValle Landscaping; or
• impersonate or misrepresent Your affiliation with any person or entity.

Unedited Third Party Content and Monitoring.
In some instances LaValle Landscaping acts as a distributor (and not a publisher) of unedited content supplied by third parties and users of this Site. LaValle Landscaping has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including users, are those of the respective author(s) or distributor(s) and not of LaValle Landscaping. LaValle Landscaping neither endorses nor is responsible for the accuracy or reliability of any unedited opinion, advice, information, or statement made on this Site by anyone other than authorized LaValle Landscaping employees acting in their official capacities or third parties over whom LaValle Landscaping exercises editorial control. YOU UNDERSTAND AND ACKNOWLEDGE THAT LAVALLE LANDSCAPING DOES NOT MONITOR UNEDITED CONTENT FOR ACCURACY OR RELIABILITY.

Protection of Content Provided by LaValle Landscaping and Its Licensors.
The Site contains trademarks and other material furnished by LaValle Landscaping, its licensors, and other users. You should assume that everything You see or read on the Site which was not furnished by or received for You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of LaValle Landscaping or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. In order to protect LaValle Landscaping's and its Licensor's trade secrets, You agree that You will not "reverse engineer" any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If You violate any of these terms, Your permission to use the Site Content will automatically terminate, You must immediately destroy any copies You have made of the Site Content, and we may end Your authorization to use the Site.

Intellectual Property Policy.
LaValle Landscaping respects the intellectual property of others and expects users of the Site to do the same. At our discretion and in appropriate circumstances, LaValle Landscaping may terminate the accounts of users or prevent access to the Site by users who infringe upon the intellectual property rights of others.

Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), LaValle Landscaping's designated agent for notice of alleged copyright infringement appearing on our site is:

memberservice@LaValleLandscaping.com

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://www.loc.gov/copyright/legislation/dmca.pdf (visited January 29, 2001).

Notices.
LaValle Landscaping will give You any necessary notices by posting them on the Site. You authorize LaValle Landscaping to send notices via electronic mail as well if LaValle Landscaping decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.

Links.
The Site contains links to other web sites or resources. While LaValle Landscaping makes every effort to ensure the availability and accuracy of these links, you acknowledge and agree that LaValle Landscaping is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at Your own risk.

Your Relationship with Merchants Who Use the Site.
Your correspondence with merchants or advertisers found on the Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold LaValle Landscaping liable for any loss of damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

Errors & Disclaimer of Warranties.
We and our content suppliers ("Content Providers") endeavor to provide a convenient, accurate and functional Site. All of the information contained on the Site is obtained from sources that we believe are accurate and reliable. However, the Content Providers do not guarantee that the information provided will be sufficient or appropriate for every individual or situation. Consequently, YOU USE THE SITE AT YOUR OWN RISK. THE INFORMATION PROVIDED MAY NOT BE ACCURATE, WORK FOR YOUR PARTICULAR SITUATION BE SUITABLE OR APPROPRIATE FOR YOU. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION THAT WE PROVIDE.

While we make every effort to provide a sterile server environment, we also do not guarantee that the Site will be error free or that it or the servers that operate it are free of viruses or other harmful components. We urge You to keep backup copies of material, if any, that You maintain on or use with the Site. If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.

Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

LAVALLE LANDSCAPING ALSO MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS NOR DOES LAVALLE LANDSCAPING MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE. LAVALLE LANDSCAPING MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM LAVALLE LANDSCAPING OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity.
You agree to defend, indemnify, and hold harmless LaValle Landscaping, its officers, directors, employees, agents, and its Content Providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content or Your violation of this Agreement.

Limitation of Liability.
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER LAVALLE LANDSCAPING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. You acknowledge that without these limitations, we could not provide low cost and/or free access to the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.

Cancellation.
Premium Users may cancel their registration at any time by notifying us. We may cancel a Premium User's registration if that Premium User does not visit the Site for an extended period of time, or if we reasonably believe that Premium User has violated or acted inconsistently with the letter or spirit of this Agreement, or violated our rights or those of another party. We will notify a Premium User if we cancel that Premium User's account, unless in our judgment giving notice would cause a risk of further violation or damages. When a Premium User's registration is canceled, that Premium User may no longer have access to messages, files and other material that Premium User keeps on the Site. The material may be deleted. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," and "General Provisions" will survive cancellation of a Premium User's registration.

General Provisions.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of LaValle Landscaping. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of LaValle Landscaping shall be null and void. This Agreement will be governed by the law of California, U.S.A., without regard to its conflicts of law provisions. Any dispute You may have with respect to this Site must be commenced within one year after it arises, or the cause of action is barred. The paragraph headings in this Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. The Agreement comprises the entire agreement between You and LaValle Landscaping with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein. We suggest that You print out a copy of this Agreement for Your records.