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Terms of Use

A black and white vertical bar graph with a jagged pattern showing varying heights of bars against a white background, reminiscent of Apex Lawn Services Inc's precision and attention to detail.

By continuing to view or use the website of Apex Lawn Services Inc. at https://www.apexlawn.ca, which also includes access to your client account, you are agreeing to all terms and conditions, contained herein. If you do not agree with the below Terms of Use in their entirety, you must not access or use our website.

INFORMATION COLLECTED AUTOMATICALLY via the Internet
Apex Lawn Services Inc. (the Company) does not automatically gather any personal information from you, such as your name, phone number, or e-mail address. The information is only obtained if you provide it voluntarily, through contacting us via e-mail, or through an online form. Any personal information you do provide is managed according to the Personal Information Protection and Electronic Documents Act (PIPEDA).

SECURITY
For website security purposes, Apex Lawn Services Inc. employs hardware and software solutions that monitor network traffic and identify unauthorized attempts to upload or change information, or otherwise cause damage. Except for authorized law enforcement investigations, no other attempts are made to identify individual users or their usage habits.

PRIVACY POLICY
Apex Lawn Services Inc. respects your privacy. Our Privacy Policy governs the collection, use and disclosure of information related to you by Apex Lawn Services Inc.. You may find and access our Privacy Policy here. When you access or use the website of Apex Lawn Services Inc., you signify your agreement to our Privacy Policy, as well as these Terms of Use.

REGISTRATION, WEBSITE USE
You may use the website for lawful purposes only. You may not attempt to gain unauthorized access to any portion of the website, or any other systems or networks connected to the website by hacking or any other illegal means. You must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms of Use.

To access the Website 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 Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, 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 this Website 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.

RESTRICTION, SUSPENSION, TERMINATION
Apex Lawn Services Inc. may restrict, suspend, or terminate your access to the website and/or the Client Portal if we believe that you are in breach of our Terms of Use or applicable law, or for any other reason, without notice or liability.

WEBSITE LIMITATIONS AND MODIFICATIONS
Apex Lawn Services Inc. reserves the right to modify, update, or improve the website at any time, with or without notifying the user beforehand. This modification may result in the website’s temporary downtime and permanent deletion of certain website features or the entire website.
All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

INTELLECTUAL PROPERTY RIGHTS
The Website 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) are owned by the Company, its licensors, or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

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

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks
The Company name, trademarks, logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

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

  • In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company 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 Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.


Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.


THIRD PARTIES
The website may contain links to third party websites and resources. These Terms of Use only cover the use of our website. Any other link will be covered by the terms and conditions of that specific website. You acknowledge and accept that we are not responsible for the terms or practices of third parties.

RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information 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 Website, or by anyone who may be informed of any of its contents.

This Website 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.

GOVERNING LAW, VENUE
You agree that these Terms and all disputes relating to them or any of the services, for all purposes, shall be governed and construed in accordance with the laws of the Province of Ontario, and of Canada, exclusive of choice of law rules.

The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms of Use shall be Kitchener, Ontario, and any such decision or award shall be binding on the Parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled to.

LIMITATION ON LIABILITY
To the fullest extent provided by law, in no event will the company, 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 website, any websites linked to it, any content on the website 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 that cannot be excluded or limited under applicable law.

INDEMNIFICATION
You shall indemnify and hold Apex Lawn Services Inc. harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms of Use, or any use by you of the website. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without prior written consent from Apex Lawn Services Inc..

SEVERABILITY
Should any provision or part of a provision of these Terms of Use become unlawful, void, or unenforceable under the applicable law, that provision or part of the provision shall be deemed severable from these Terms of Use (and/or Privacy Policy) and will not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Apex Lawn Services Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.