Instant Quote Terms & Conditions

All prices are assumed all information supplied by client is accurate to the best of the client’s ability. J and R reserves the right to review, deny and/or requote any, and all, accepted quoted price(s). All acceptances are subject to delay or cancellation due to inclement weather, changes in site conditions, and/or route capacity.

REPRESENTATIONS AND WARRANTIES

Each time You choose to use the Services, You will be deemed to accept these Terms as they exist at such time, and to represent and warrant that, at the time of commencement of the Services and throughout the performance thereof, the area to be Serviced: (i) is in a condition suitable for mowing, landscaping or other applicable services to be provided, as applicable based on the nature of the Services requested; (ii) will have boundaries clearly marked; (iii) will be free of all debris, obstacles and obstructions and (iv) is situated on land for which You have a legal right to contract.

DISCLAIMER; LIMITATION OF LIABILITY

THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. WE DO NOT WARRANT THAT: A) THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; C) ANY CONTENT AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS AS TO QUALITY OR TIMELINESS. IN NO EVENT SHALL J AND R PROPERTY SERVICES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL, ARISING OUT OF OR EXPERIENCED IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY OR PERSONAL INJURY, DAMAGE TO PROPERTY AND/OR ANY OTHER DAMAGES RESULTING FROM PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES. IN THE EVENT OF ANY SUCH LOSS OR DAMAGE, YOU HEREBY RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES AND SUCCESSORS (J AND R PROPERTY SERVICES) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DIRECT OR INDIRECT, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

ALL LIABILITY OF EACH MEMBER OF THE GROUP HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SITE OR SERVICES IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDED, HOWEVER, THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF ANY MEMBER(S) OF THE GROUP HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN THE AGGREGATE TO THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00) AND (II) AMOUNTS PAID BY YOU TO US FOR THE SERVICES OUT OF WHICH SUCH LIABILITY AROSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY MEMBER OF THE GROUP BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANY OF SUCH PERSONS OR ENTITIES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SERVICES FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. You understand that we make no guarantee, either express or implied, regarding the Services and agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual or entity You come into contact with during Your use of the Services. Notwithstanding anything to the contrary in these Terms, if a court of competent jurisdiction determines that liability of any member(s) of the Group has arisen, the liability of J and R Property Services shall be several and not joint, and, subject to the foregoing provisions of this paragraph, each such Group shall be liable only for its obligations (and not those of the other Group) under these Terms.

YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND WE FURTHER AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION
You shall defend, indemnify, and hold harmless each member of the Group from all losses, costs, actions, claims, damages, demands, expenses (including reasonable legal costs) and liabilities, that arise from or relate to (i) Your use or misuse of, or access to, the Site or Services, (ii) Your breach or violation of these Terms, (iii) Your breach of any of the representations herein or (iv) a third-party using Your account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses.

GOVERNING LAW; SUBMISSION TO JURISDICTION; WAIVER OF JURY TRIAL
These Terms shall be governed by and construed in accordance with the laws of the State of New York excluding its conflicts of law rules. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or State Courts located in the County of Onondaga, State of New York. You knowingly, voluntarily and intentionally waive any right to trial by jury that You may have in any action or proceeding, in law or in equity, in connection with these Terms or transactions related hereto.

MISCELLANEOUS
These Terms represent the entire agreement between You and Us with respect to the Site and Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect thereto. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, such waiver must be in writing. These Terms are personal to You, and are not assignable, transferable or sublicensable by You except with Our prior written consent. Any purported assignment by You in violation of these Terms shall be null and void. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. Any right not expressly granted herein is reserved by Us. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. In addition, You acknowledge that We may give notice to You through text (SMS) messages to any phone number provided in connection with Your account. If You believe that any content on the Site belonging to Us has been copied in any way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please immediately notify Us of such claims.

Revised 02/23/2022

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8076 Thompson Rd. Cicero, NY 13039
info@jandrlandscapes.com | (315) 699-4971

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