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Alex's Tree Solutions terms of Service

Terms of Service

Welcome to our website. This site is maintained by ALEX’S TREE SOLUTIONS as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use.

PLEASE READ THESE TERMS OF USE AND THE INCORPORATED NOTICES CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE ALEX’S TREE SOLUTIONS’S WEBSITE, SERVICES OR PRODUCTS. BY ACCESSING AND CONTINUING TO USE OUR WEBSITE, SERVICES OR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (AS MAY BE MODIFIED FROM TIME TO TIME) AND ALL INCORPORATED NOTICES AS SET FORTH BELOW.

ARBITRATION NOTICE: THIS TERMS OF USE AGREEMENT REQUIRES THAT ANY DISPUTE BETWEEN US WILL BE RESOLVED BY THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS. EXCEPT FOR CERTAIN EXCEPTIONS, SET FORTH BELOW, YOU WAIVE ANY RIGHTS THAT YOU MAY HAVE TO A TRIAL BY JURY IN A COURT OF LAW OR TO PARTICIPATE IN CONSOLIDATED OR CLASS ACTIONS OR CLASS-WIDE ARBITRATION.

TERMS OF USE

These terms of use (“Terms of Use”) and incorporated notices are a binding agreement between ALEX’S TREE SOLUTIONS and Users of ALEX’S TREE SOLUTIONS’S Website governing the access and use of our website located at alexstreesolutions.com and any related websites, applications, services or products that ALEX’S TREE SOLUTIONS offers.

1. DEFINITIONS:

The following terms shall have the meanings set forth below throughout these Terms of Use and Incorporated Notices, unless it is expressly stated to the contrary:

“ALEX’S TREE SOLUTIONS”, “We”, “Us” or “Our” means ALEX’S TREE SOLUTIONS and its subsidiaries, affiliates, directors, officers, divisions, agents, employees, licensors, service providers and representatives.

“Website” means ALEX’S TREE SOLUTIONS’S website located at AlexsTreeSolutions.com, and any related website, application, webpage, widget, interactive feature, blog, social network, social network tabs or other online, mobile or wireless offerings that post a link to these Terms of Use no matter how they are accessed.

“Platform” means all of ALEX’S TREE SOLUTIONS’S websites, software, mobile or other applications, processes and any other services provided by or through ALEX’S TREE SOLUTIONS.

“Services” means any service, materials, or resources that are made available or accessed through or in connection with the Website, including, but not limited to providing referrals for contractors and/or service providers for various businesses, including, but not limited to, home improvement services, insurance, loans, credit cards, educational services, travel, and consumer products.

“Products” means any physical, electronic, or virtual products that are offered through or in connection with the Website.

“User”, “You”, or “Your” shall mean any individual or entity that accesses or uses the Website, Services or Products.

“User Account” shall mean the account created by certain Users as a condition of, and a means to access or use certain portions and functions of Our Website or arrange for Services or Products.

“Service Provider” means the contractors to whom a User will be connected or referred to through our Website to provide Services in a geographic area.

“Incorporated Notices” shall mean the additional policies and terms that apply to Users including:

Privacy Notice

Copyright and Intellectual Property Notice

California Privacy Rights Act Notice

Accessibility Statement

Dispute Resolution by Arbitration

2. ACCEPTANCE OF TERMS OF USE

By visiting, using, browsing, posting, offering content to the Website, accessing, or using the Services or Products, or “clicking” the accept/agree button, You accept and agree to be bound by, without limitations or qualifications, these Terms of Use and Incorporated Notices. Each use by You shall constitute and be deemed Your unconditional acceptance of this Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED NOTICES, PLEASE DO NOT VISIT THE WEBSITE OR USE ANY ALEX’S TREE SOLUTIONS SERVICES or PRODUCTS

3. ALEX’S TREE SOLUTIONS’S WEBSITE, SERVICES AND PRODUCTS

The Website is owned and operated by ALEX’S TREE SOLUTIONS, a Pennsylvania Company headquartered in Erie, Pennsylvania. ALEX’S TREE SOLUTIONS is company that provides the User the ability to search different categories of products and goods for reviews and comparisons of related products and goods. The Website will also provide the best reviewed goods and products in various categories and allow the User to access third-party websites to check the price of each good or product and purchase the good or product through the third-party website.

4. ACCESS TO THE WEBSITE, SERVICES and PRODUCTS

Portions of the Website are generally publicly available and may be accessed by You or any Internet User. There are other sections of the Website and related Services and Product that offer additional functionality and access to otherwise restricted portions of the Website. These sections, services and functions will only be available to a Client, when you create a “User Account” after You register, by providing requested information, and then log in using Your Email and a unique password that You create for that purpose.

As consideration for Your access and/or use of the Website, Services or Products, You, as Client, authorize Us to access, use, process and receive information, personally identifiable information, privileged, confidential, sensitive or proprietary information, exclusively for the purposes of providing access to the Website, or providing Services or Products, or as otherwise provided in Our Privacy Policy.

For further information, see Paragraph 14 below and the incorporated Privacy Notice.

5. DISCLAIMER OF WARRANTIES

You agree that Your access and use of the Website, Services or Products are solely at your own risk. The Website, Services and Products are provided by ALEX’S TREE SOLUTIONS on an “as is” and “as available” basis.

EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, ALEX’S TREE SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ALEX’S TREE SOLUTIONS DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, OR THE SERVICES OR PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. ALEX’S TREE SOLUTIONS DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICES OR PRODUCTS WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ALEX’S TREE SOLUTIONS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, SERVICES OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALEX’S TREE SOLUTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.

6.LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ALEX’S TREE SOLUTIONS BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF ALEX’S TREE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL ALEX’S TREE SOLUTIONS BE LIABLE FOR ANY ALLEGED INJURY, DAMAGES OR LOSS THAT IS ALLEGEDLY SUSTAINED DUE TO HACKING, THEFT, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR THE INFORMATION CONTAINED IN THAT ACCOUNT OR IN REGARD TO YOUR RECEIPT OF SERVICES OR PRODUCTS.

7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALEX’S TREE SOLUTIONS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE OR SERVICES OR PRODUCTS OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ALEX’S TREE SOLUTIONS, (EXCEPT ARISING EXCLUSIVELY FROM ALEX’S TREE SOLUTIONS’S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF ALEX’S TREE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. EXCLUSIVE REMEDY

IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF ALEX’S TREE SOLUTIONS BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY THE USER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO ALEX’S TREE SOLUTIONS BY YOU IN THE SIX MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO THE CLAIM OR $300 IN THE EVENT THAT NO FEES WERE PAID, WHICH EVER IS GREATER, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.

9. OWNERSHIP OF WEBSITE AND ITS CONTENT

The Website is owned and operated by ALEX’S TREE SOLUTIONS. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to ALEX’S TREE SOLUTIONS or its affiliates, business partners, or licensors. ALEX’S TREE SOLUTIONS reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any user.

10. ALEX’S TREE SOLUTIONS’S INTELLECTUAL PROPERTY

ALEX’S TREE SOLUTIONS owns any and all intellectual property rights arising out of, related to, or in any way connected with ALEX’S TREE SOLUTIONS’s Website, Services and Products, all contents, materials, or resources related thereto, the Website’s and/or Service’s and/or Product’s content, logos, slogans, service marks or trademarks, etc. (“ALEX’S TREE SOLUTIONS Intellectual Property”). You cannot use the ALEX’S TREE SOLUTIONS Intellectual Property without first obtaining ALEX’S TREE SOLUTIONS’S express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use the ALEX’S TREE SOLUTIONS Intellectual Property without Our permission.

11. YOUR LICENSE TO ACCESS AND USE THE WEBSITE AND SERVICES AND PRODUCTS

Subject to Your acceptance of, and compliance with these Terms of Use and Incorporated Notices, as may be periodically amended, ALEX’S TREE SOLUTIONS hereby grants You a non-exclusive, non-transferable limited license to access and make personal non-commercial use of the Website, the Services and Products and their contents only to the extent commensurate with Your role as a Client. This license does not entitle You to any resale or commercial use of the Website, the Services or Products, or their contents; any derivative use of this Website, Services or Products or their contents; any downloading or copying of account information for the benefit of any person other than to enable the functions of the Website, Services and Products and then, only for that purpose; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or offer for sale any information contained on, or obtained from Website, the Services or Products or any portion thereof. ALEX’S TREE SOLUTIONS will investigate and take appropriate legal action, including civil and criminal redress, for any misuse and fraudulent activity on the Website.

12. USER COMMUNICATIONS TO ALEX’S TREE SOLUTIONS

Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them. Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by ALEX’S TREE SOLUTIONS and will not be returned to You.

13. THIRD-PARTY LINKS

The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated, or controlled by ALEX’S TREE SOLUTIONS. You agree that ALEX’S TREE SOLUTIONS is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against ALEX’S TREE SOLUTIONS as to any loss incurred as the result of Your access or use of such third-party website.

14. SMS TEXTS, MOBILE COMMUNICATIONS

When You provide Your phone information to ALEX’S TREE SOLUTIONS, You warrant that the information You provide is true, complete and accurate, and that you are the current subscriber or owner of any telephone number that you provide. By voluntarily providing Your telephone number(s), You also expressly agree to receive prerecorded voice messages, and/or autodialed calls and Short Message Service text messages (“SMS”) or other mobile messaging communications from Us, our agents, affiliates, and independent contractors (collectively “SMS Service”). By consenting to ALEX’S TREE SOLUTIONS’s SMS Service, You agree to receive recurring SMS/text messages service-related and promotional messages, including updates, alerts and information; promotions specials and other reminders; from and on behalf of ALEX’S TREE SOLUTIONS via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. You also agree to receive a one-time, multifactor authentication passcode sent to You after You have opted in to receiving such a code to create Your User Account. Text messages may be sent using an automatic telephone dialing system or other technology. Message frequency may vary. We do not charge for the SMS Service, but standard message and data rates may apply from your wireless carrier.

Your use of the SMS Service constitutes your agreement to these terms and conditions. We may modify or cancel the SMS Service or any of its features without notice. To the extent permitted by applicable law, We may also modify these Terms of Use at any time and your continued use of the SMS Service following the effective date of any such changes shall constitute your acceptance of such changes.

You understand that You do not have to sign up for the SMS Service to make any purchases, and your consent is not a condition of any purchase with ALEX’S TREE SOLUTIONS. Your participation in the SMS Service is completely voluntary. You may cancel the SMS Service at any time. Text the keyword STOP to the telephone number, long code, or short code that sends You our initial confirmation message to cancel. After texting STOP to the telephone number, long code, or short code that sends You Our initial confirmation message, You will receive one additional message confirming that your request has been processed. You acknowledge that Our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that ALEX’S TREE SOLUTIONS and its service providers will have no liability for failing to honor such requests. If You unsubscribe from one of our text message programs, You may continue to receive text messages from ALEX’S TREE SOLUTIONS through any other programs You have joined until You separately unsubscribe from those programs.

You acknowledge that You are aware that SMS messages are not fully secure and could be intercepted by a third party. You acknowledge that if You share Your mobile device with others, they may be able to view Your SMS texts. It is Your responsibility to understand the risks of receiving text messages on Your mobile device.

To the extent permitted by applicable law, You agree that We will not be liable for failed, delayed or misdirected delivery of any information sent through the Service, any errors in such information and/or any action You may or may not take in reliance on the information or SMS Service.

Message and data rates may apply for any SMS texts sent to You from Us and to Us from You. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.

15. EMAILS

When You provide Your email address to ALEX’S TREE SOLUTIONS, such as when establishing Your User Account (or as You may update from time to time), You warrant that the information You provide is true, complete and accurate, and that you are the current subscriber or owner of the email address that you provide. By voluntarily providing Your email address, You also expressly agree to receive emails from Us, our agents, affiliates, and independent contractors, concerning Our Products, Services, offers, sales, promotions and Your Product or Services Purchases, or inquiries regarding the same, etc. You may set Your email preferences by accessing Your User Account and selecting which types of emails you would like to receive. If you wish to opt-out of receiving certain emails from Us You may do so by changing the settings in Your User Account or clicking “unsubscribe” on the bottom of each email You receive and follow the directions contained therein. Please give us reasonable time to effectuate the changes You request.

16. WEBSITE SECURITY

We limit Our collection of Your personal information, personally identifiable information, and other sensitive information, to that necessary for our Users to access the Website and its functions, and the Services and Products offered by ALEX’S TREE SOLUTIONS, or to improve Your and other Users’ experience. We take commercially reasonable precautions to collect personal information in a secure manner and transmit it via a secure internet channel. By accessing and using the Website, Services or Products, You consent to the collection, use and disclosure of Your information, as set forth in the incorporated Privacy Notice, as appropriate. You represent and warrant that You own, license, or have permission, authorization and/or legal purpose to possess, access, use, store, process or share all materials (that You have provided to Us or have requested from Us for the purposes for which it has been provided or requested.

Users also have responsibilities to maintain the security of the Website, Services and Products. You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus to the Website. overloading, “flooding,” “spamming,” “mail‑bombing” or “crashing” or other malicious or illegal act of any description. You shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website. You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)

ALEX’S TREE SOLUTIONS reserves the right to investigate and take such action as it deems necessary regarding any activity that it suspects is intended to violate the security of the Website, Services and Products. If, at ALEX’S TREE SOLUTIONS’s sole discretion, it appears that You have violated the Terms of Use or acted in any way that interferes or is intended to interfere with the functioning of the Website, Service or Product, or another’s lawful access and use thereof, ALEX’S TREE SOLUTIONS may take any action it deems appropriate to prevent further interference, including but not limited to immediate suspension and/or cancellation of Your access thereto. You may be civilly or criminally liable for such violations. ALEX’S TREE SOLUTIONS will cooperate with law enforcement authorities in prosecuting any individual or entity involved in such violations.

17. CONTENT CONTRIBUTED BY YOU OR OTHER USERS

From time to time, ALEX’S TREE SOLUTIONS may provide opportunities for You to communicate with others through the Website, Services or Products, such as through blogs, chat rooms, endorsements, postings, emails, etc. (“User Content”) ALEX’S TREE SOLUTIONS reserves the right to accept, reject, or remove any and all User Content at its sole discretion and for any reason. You understand and agree that ALEX’S TREE SOLUTIONS’s exclusive role in connection with User Content is solely as an Internet Service Provider and that ALEX’S TREE SOLUTIONS is not and will not be liable for any User Content or any Website content that is authored or submitted by anyone other than ALEX’S TREE SOLUTIONS.

18. USER WARRANTIES

As a User, You agree that You will not, under any circumstances, use the Website or any related Services or Products provided by ALEX’S TREE SOLUTIONS to do the following:

(i) You will not make available any material that is protected by another’s copyright, trademark, trade secret, or other intellectual property right, or is otherwise subject to third-party proprietary, privacy or publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant ALEX’S TREE SOLUTIONS all required license rights. For further information see ALEX’S TREE SOLUTIONS’S COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE.

(ii) You will not make available any material that is false, misleading, harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or sexually or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;

(iii) You will not cause harm, of any type, to minors;

(iv) You will not submit materials or post links to advertisements or solicitations of business without ALEX’S TREE SOLUTIONS’s prior express and written permission;

(v) You will not intentionally or unintentionally violate or aid others in the violation of any applicable local, state, national or international law or regulation;

(vi) You will not enable or assist in the transmission of “junk mail,” “chain letters,” “pyramid schemes,” unsolicited mass mailings, instant messaging, “spimming,” or “spamming” or any other form of improper or illegal solicitation now known or that may be developed in the future;

(vii) You will not “stalk” or otherwise harass another person or assist another in doing so;

(viii) You will not access the Website, Services or Products in order to collect or store private or personally identifying information about others for unlawful or inappropriate purposes or for any unauthorized purpose;

(ix) You will not misrepresent or assist others in misrepresenting the origin of any Website content provided by ALEX’S TREE SOLUTIONS or another User;

(x) You will not impersonate any person or entity, including, but not limited to, ALEX’S TREE SOLUTIONS’s officials, employees, consultants, or otherwise misrepresent Your affiliation with any person or entity;

(xi) You will not make available any material that You are prohibited from disclosing because of Your contractual or fiduciary relationship with another individual or entity or as a matter of law or regulation;

(xii) You will not make available or distribute any materials, computer code or “malware” (including but not limited to “ransomware, viruses, worms, other form of improper or illegal malware now known or that may be developed in the future) that facilitates or is intended to facilitate interference with the availability, functionality or performance of ALEX’S TREE SOLUTIONS’S Website, Products or Services, or any other website, computer software, hardware, telecommunications equipment, or device.

(xiii) You will not download data from any ALEX’S TREE SOLUTIONS’S Website, database or platform through automated means, including spiders, robots, crawlers or other automated means now known or that may be developed in the future;

(xiv) You will not harvest, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content of any description from the Website, Services or Products;

(xv) You will not sell, distribute, or make any use of, commercial or otherwise, information, content or data obtained from ALEX’S TREE SOLUTIONS in a manner which could be expected to offend the person for whom it is relevant;

(xvi) You will not create and maintain a ALEX’S TREE SOLUTIONS user profile that contains hyperlinks to content not permitted on the Website;

(xvii) You will not disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;

(xviii) You will not interfere with or disrupt the Website or the servers, or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

(iv) You will not access the Website, Services or Products after Your access has been terminated by ALEX’S TREE SOLUTIONS;

(xx) You will not make available any materials, or act in any manner that is offensive to the ALEX’S TREE SOLUTIONS community or the spirit of these Terms of Use.

You acknowledge and agree that ALEX’S TREE SOLUTIONS may, but is not required to, monitor Your conduct in connection with the Website, Services and Products. You agree that ALEX’S TREE SOLUTIONS may remove any materials submitted by You, including but not limited to Your User Content, restrict and block Your access to the Website, Services or Products and/or terminate any or all other agreements between You and ALEX’S TREE SOLUTIONS, if ALEX’S TREE SOLUTIONS, in its sole discretion, determines that you have taken actions in violation of these Terms of Use and/or a Contract or any other agreement between You and ALEX’S TREE SOLUTIONS. You understand that in the event of termination for any cause, You will not be entitled to a refund of deposits or fees, if any, paid by You to ALEX’S TREE SOLUTIONS and will be required to make all payments that remain outstanding at the time of the termination.

You understand and agree that ALEX’S TREE SOLUTIONS may, to the fullest extent permitted by law, access, preserve and disclose Your identifying information in its possession, including, if applicable, email address, Password and/or User Account information, if ALEX’S TREE SOLUTIONS determines that it is necessary to do so in order to comply with apparently valid legal proceedings, to process a good faith complaint by a third-party that You have violated these Terms of Use, or to protect the legal rights, property or personal safety of ALEX’S TREE SOLUTIONS, its Users and the public at large.

19. YOUR INDEMNIFICATION OF ALEX’S TREE SOLUTIONS

You understand and agree that You will indemnify, defend and hold harmless ALEX’S TREE SOLUTIONS from any and all liability, expense, cost, fine, settlement or judgement, including without limitation, reasonable attorneys’ fees and legal expenses incurred alleged to be connected with, arising out of or in any way related to Your User Content, Your use of the Website, Services or Products, Your access, use, sharing or processing of personal, private information or other sensitive, privileged, confidential or propriety data or information in excess of or for purposes other than the purposes that You advised ALEX’S TREE SOLUTIONS You were permitted or authorized to access, use, share or process that data or information using the Website, Services or Products; or Your breach of the User’s Warranties, or other any other provision of these Terms of Use and/or Incorporated Notices.

20. CHANGES TO TERMS OF USE

ALEX’S TREE SOLUTIONS reserves the right to update, change, modify, add, delete, revise, or replace any part of these Terms of Use or any Incorporated Notices at any time. In such event, ALEX’S TREE SOLUTIONS shall provide notice to Users by posting the changes on the Website 30 days prior to the change becoming effective. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button upon accessing or using the Website, Services or Products, when You submit User Content, or 30 days from the date that the changes are posted to the Website, whichever is earliest.

We recommend that You regularly check the Terms of Use when visiting the Website or accessing Services or Products, as these Terms of Use may have changed since you last did so.

Eff. Date March 2025