Terms of Use

Last听Updated听and Effective:听听July 1,听2020听

THIS WEBSITE IS OWNED AND OPERATED BY听THE DAVEY TREE EXPERT COMPANY.听听PLEASE READ THESE TERMS OF USE,听OUR PRIVACY POLICY,听AND ANY OTHER APPLICABLE听TERMS RELATING TO PROGRAMS WE OFFER, EXPRESSLY INCORPORATED HEREIN BY REFERENCE AS听THE 鈥淭ERMS鈥�) FULLY AND听CAREFULLY听BEFORE USING听WWW.DAVEY.COM听AS听THEY听CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS,听INCLUDING听LIMITATIONS听OF YOUR听RIGHTS听AND EXCLUSIONS THAT MAY APPLY TO YOU.听听THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE SITE.听听IF YOU DO NOT AGREE TO THESE TERMS听OF USE, PLEASE DO NOT USE THE SITE.听

ACCEPTANCE OF TERMS听

By听checking the box indicating acceptance of these Terms听[browsing听or听using the听Site], you agree to these Terms and听any amendments hereto听that may be published from time to time on the听Site, each of which is incorporated by reference.听

BY听CHECKING THE BOX INDICATING ACCEPTANCE OF THESE TERMS,听YOU ARE AGREEING TO WAIVE YOUR RIGHT TO听SUE IN COURT听AND听INSTEAD听AGREE听TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR.听 BY AGREEING TO ARBITRATION,听YOU听UNDERSTAND AND AGREE THAT听YOU听ARE WAIVING听YOUR听RIGHT TO听A JURY TRIAL听TO SETTLE DISPUTES听RELATING TO YOUR USE OF THE听SITE,听AS STATED听FULLY听IN听THE 鈥淒ISPUTE听RESOLUTION鈥�听SECTION BELOW.听

KEY TERMS听听

亚星游戏(中国区)官网听refers to听The 亚星游戏(中国区)官网 Tree Expert Company听and is referred to herein as听鈥�亚星游戏(中国区)官网,鈥�听鈥�we,鈥� or 鈥�our.鈥�听

鈥�Content鈥�听means听logos, design,听text, graphics, images,听software, audio, video,听works of听authorship of any kind, and information听and other materials听that are posted, generated, provided,听or otherwise available through听or on听the Site.听 We and our licensors exclusively own all right, title, and interest in and to听the听Content, including all associated intellectual property rights.听 You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries听and that you will听not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights听or听notices incorporated in or accompanying Content on the Site.听

鈥�厂颈迟别鈥�听means the website听www.davey.com,听including all subdomains and subparts, as well as our social media accounts on Facebook,听LinkedIn, and Twitter, and other platforms and applications for mobile, tablet, and other smart devices and application programs.听听

鈥�Terms鈥� refers to the terms and conditions of these Terms of Use, along with our Privacy Policy.听

鈥�User鈥� means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any听services or听products from the听Site, and听is referred to herein as 鈥�User鈥� or 鈥�you.鈥�听

鈥�User听Content鈥� refers to any photographs, comments, video clips, or other听Content that听Users, including you,听may upload to the Site.听 Content includes, without limitation, User Content.听 We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their听own听User Content.听

ELIGIBILITY TO USE THE SITE听

You may use the Site only if you are eighteen (18) years or older听(or the applicable age of majority in your jurisdiction, if greater than听eighteen听(18) years of age)听and capable of forming a binding contract with us and are not barred from using the Site under any applicable law.听听As long as听you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes.听 No other use of the Site is authorized.听

NOTICE REQUIRED BY CALIFORNIA LAW听

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:听

The name, address, and telephone number of the provider of this service is听The 亚星游戏(中国区)官网 Tree Expert Company,听1500 N. Mantua Street,听Kent, OH 44240, (800)听445-8733.听 Complaints regarding听services or听products,听or requests听to receive听further information regarding use of this听Site may be sent to the above address or to听[email protected].听听听

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.听

GOVERNING LAW听

These Terms and any action or proceeding relating thereto will be governed by the laws of the State of听Ohio.听 If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.听听

CHANGES TO TERMS OF USE听

We reserve听the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site.听听Each time you use the Site, you should review the current Terms.听听You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms.听听Your continued use of the Site will听constitute听your acceptance of the听then-current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively.听听Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and听亚星游戏(中国区)官网听will be听applied.听

YOUR ACCOUNT听

You may听choose听to register听an account听with听亚星游戏(中国区)官网听to access certain services.听听With respect to any such registration, we may refuse to grant you the听username you听request.听听Your听username and password are for your personal use only.听听You are responsible for maintaining the confidentiality of your account and password and for restricting access to听them, and you agree to accept responsibility for all activities that occur under your account or password.听听In addition to all other rights available to听亚星游戏(中国区)官网,听including those set forth in these Terms,听we reserve听the right, in听our听sole discretion,听to terminate your account or your use of the Site,听block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders听(i) if you violate any of these Terms;听(ii) for any other reason;听or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.听

PRIVACY POLICY听听

Users of the Site should refer to our Privacy Policy听(as may be updated from time to time) for information about how we use and collect information, which may be accessed by clicking on the following link:听/about/corporate-information/corporate-policies/privacy-policy/.听 You agree that we may collect, use, retain, and disclose your personal information to the extent permissible by law and as described in our Privacy Policy and that our Privacy Policy will govern our collection and use of your personal information to the fullest extent permitted by law.听

INTERNATIONAL USERS听

Our Site is controlled, operated, and administered from our offices in听Ohio,听United States of America.听 We make no representation that听Content on the Site听is听appropriate or available for use at other locations outside the United States, and access to听it听is prohibited from territories where the Content or听services or听products available through the Site are illegal.听 You may not use the Site or export its听Content or听services or听products in violation of United States export laws and regulations.听 If you access the Site from a location outside of the United States, you are responsible for听compliance with all local laws听if,听and to the extent,听local laws are applicable.听

RULES OF CONDUCT听AND GENERAL PROHIBITIONS听听

You must only use this Site听for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else鈥檚 enjoyment of the Site.听 You may not, without听our听written consent:听(i)听copy, reproduce, use, or otherwise deal with any听Content on the Site;听(ii)听modify, distribute, or re-post any听Content on the Site听for any purpose; or听(iii)听use the听Content of the Site for any commercial exploitation whatsoever.听

In using the Site, you further agree not to听do any of the following:听

post, publish, submit,听or otherwise transmit听any Content that:听(i) infringes, misappropriates, or violates a third party鈥檚 patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person鈥檚 privacy, or otherwise violative of any law;听or (iv) promotes illegal or harmful activities or substances;听
disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network听connected to or accessible through the Site, or affiliated or linked听websites;听听
disrupt or interfere with any other User鈥檚 enjoyment of the Site, or affiliated or linked听websites;听听

post, publish, submit or otherwise听transmit through or on the Site听any viruses or other harmful, disruptive, or destructive听files;听听
use, frame, or utilize framing techniques to enclose听our听trademark, logo, or other proprietary information (including, but not limited to,听images found on the Site,听Content,听any text, or the layout/design of any page or form contained on a page) without听our听express written consent;听听
use meta tags or other听鈥渉idden text鈥� utilizing听our听name, trademark, or product name without听our听express written听consent;听听
deep link to the Site听without听our听express written听consent;听听
create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the听Site;听听

collect or store personal data about听others;听听
attempt to obtain unauthorized access to the Site听or portions of听it听that are restricted from general access;听and听
encourage or enable another User or individual to do any of the foregoing听prohibited activities.听

By accessing or using this Site you听agree听to听comply with all applicable local, national, and international laws and regulations听relating听to your use of or activities on the Site.听听To the extent permissible by law,听we听will not be responsible听or liable听to any third party听for the听User Content or accuracy of any听Content听posted by you or any other User听on听the Site.听 We have the right to remove any听User听Content听or posting you make on the Site if, in our sole discretion, such听Content or posting听does not comply with the standards set out in these Terms.听听听

If you听do not agree to these Terms, you听do not have our consent听to obtain information from or otherwise use the Site.听 Failure to use the Site听in accordance with these Terms may subject you to civil or criminal penalties.听

YOU听ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE,听AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU听HAVE READ,听UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS听WHETHER OR NOT YOU HAVE听CREATED AN ACCOUNT ON听THE SITE.听 IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE.听 If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, 鈥測ou鈥� or 鈥測our鈥� will refer and apply to that company or other legal entity.听

RIGHT TO USER听CONTENT听POSTED听BY YOU听

By making any User Content available听to or听through the Site, you听will remain the owner of your User Content, but听hereby grant听亚星游戏(中国区)官网听a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform,听and听distribute your听User Content in connection with operating and providing听services and听products听to you听and/or听other Users,听and also in connection with advertising听of听our听services and听products.听听You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.听

In the event you upload any听User听Content听to the Site,听we have听the right to use any and all such elements of the Content in connection with and/or as part of听our听business, including, but not limited to,听in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or听on听the Site听in perpetuity throughout the world as听we,听in听our听sole discretion,听see fit without further consent听by,听or payment听to, you.听听By uploading听User Content听to the Site, you agree to grant听亚星游戏(中国区)官网听the right to use your听copyright听in such User Content.听听We听also听have听all right, title, and interest in听any and all听results and proceeds from听our听use of the听User听Content听to the extent permissible by law.听听We have听the right to transfer听our听rights to use the听User听Content to any third party, including, but not limited to, any of听our听subsidiaries or affiliated companies.听

We听may alter, adopt, or edit the听User听Content and any further material created under these Terms, and market and exploit it entirely听in our听sole discretion.听听Upon request, you will furnish听亚星游戏(中国区)官网听with听any and all听documentation, substantiation, or releases necessary to verify your compliance with these provisions.听听We are听not obligated to make use of any of听your User听Content or exercise any of the rights granted by these Terms.听

You are responsible for all your User Content.听 You represent and warrant that you own听all听of听your User Content or you have all rights necessary to grant听亚星游戏(中国区)官网听the license rights in your User Content under these Terms.听 You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by听亚星游戏(中国区)官网听on or through the Site,听will infringe, misappropriate, or violate a third party鈥檚 intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.听听听

You may request that we delete your User Content according to the terms of our Privacy Policy by calling us at听(800) 445-8733听or听emailing us at听[email protected].听Before we may fulfill a request to access or delete your information, we are听required to verify your identity.听 We will ask you to verify your name, address, email address, telephone number,听and/or other information we have collected about you. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws.听 Even if we delete your Personal Data, it may persist on backup or archival media for an additional听period of time.听

INDEMNIFICATION听

You听will听defend, indemnify, and hold harmless听亚星游戏(中国区)官网, our affiliates, and each of our and their respective听officers, directors,听employees, contractors, suppliers, representatives, and agents听from any and all claims,听demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys鈥� fees, that arise from or relate to:听(i) your听access听to听or use of the Site or Content; (ii) your听User听Content; (iii) violation of any applicable law that protects听亚星游戏(中国区)官网听or our legal rights or those of any third party that your actions have damaged; (iv)听your violation of these Terms or any applicable law, including, but not limited to,听infringement by you of any intellectual property rights听owned by听亚星游戏(中国区)官网听or any third party;听and听(v) any and all activities that occur under or in connection with your account, username, and/or password.听 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听亚星游戏(中国区)官网听in asserting any available defenses.听 YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.听

COPYRIGHTS AND TRADEMARKS听

The Site, including all of the Content听and organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to same,听is听the sole and exclusive property of听亚星游戏(中国区)官网听and听protected by听applicable听copyright, trademark,听other proprietary rights,听and other laws of the United States and foreign countries.听听Unless expressly stated otherwise,听we听retain other proprietary rights in all听Content and听services and听products available through the Site.听听听

Except as stated herein, none of the听Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without听our听prior written consent and permission of听the respective copyright owner.听 You may not, without听our听express written permission听or that听of the respective copyright owner:听(i)听copy,听upload, publish, post, submit, or transmit听any materials on any computer network or broadcast or publications media;听(ii)听modify the materials; or听(iii)听remove or alter any copyright or other proprietary notices contained in the materials.听 You also may not:听(i)听sell, resell, or make commercial use听of the Site,听its听Content, services, or products obtained through the Site;听(ii)听collect or use any product listings or descriptions;听(iii)听make derivative uses of the Site听or听its Content; or听(iv)听use any data mining, robots, or similar data gathering and extracting methods.听 You are not conveyed any right or license by implication, estoppel, or otherwise in or under any听of our听patent, trademark,听or听copyright听rights, or other proprietary听rights听of听any third听party.听

Together with other logos and product names听appearing听on the Site, the following includes a partial list of听our听trademarks听and/or registered trademarks in the United States and other countries:听亚星游戏(中国区)官网, 亚星游戏(中国区)官网 Tree, 亚星游戏(中国区)官网 Resource Group, Arbor Green, Arbor Green PRO, 亚星游戏(中国区)官网听SoilCare,听Proven Solutions for a Growing World,听TreeKeeper.听听All other trademarks not owned by听亚星游戏(中国区)官网听that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by听亚星游戏(中国区)官网.听These and听all听of听our听other trademarks may not be copied, imitated, or used, in whole or in part, without听our听prior written permission or听that of听the rights holder.听 In addition, all page headers, custom graphics, button icons, and scripts are听our听service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without听our听prior written permission.听听Any other names and brands on the Site may be claimed as the property of others.听

INTELLECTUAL PROPERTY, COPYRIGHT, AND听EXCLUSIVITY听

Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by听亚星游戏(中国区)官网听under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of听亚星游戏(中国区)官网鈥�s听services or听products,听or any part thereof, whether such formulation or design is registered or not, shall vest in听亚星游戏(中国区)官网听absolutely.听听Any data, patent, copyright, proprietary right, or confidentiality, know-how, trademark, or process with respect to听亚星游戏(中国区)官网鈥�s听services or听products is the proprietary information听(鈥淧roprietary Information鈥�)听of听亚星游戏(中国区)官网听and its third-party vendors (as the case may be).听听You agree that you shall not,听without听亚星游戏(中国区)官网鈥檚 prior written consent, use or听disclose the听Proprietary听Information to any third-party for any听reason听other than that third-party鈥檚 personal use of听亚星游戏(中国区)官网鈥�s听services or听products. You also agree that you shall not听use or听provide听亚星游戏(中国区)官网鈥�s听products to any third-party or听other听entity to reverse engineer or disassemble听亚星游戏(中国区)官网鈥�s听products or any part thereof to create or derive any听亚星游戏(中国区)官网听or third-party intellectual property.听

DMCA/COPYRIGHT听POLICY听听

It is听our听policy to respect the copyright and intellectual property rights of others.听听We听may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others.听 In addition,听we听may terminate access by Users who appear to infringe the听intellectual property听or other rights of others.听听听

We听comply听with the Digital Millennium Copyright Act听(鈥淒MCA鈥�).听听If you believe听we听or any User of听the Site听has infringed your copyright in any material way, please听notify听亚星游戏(中国区)官网, and provide the following:听

an identification of the intellectual property right claimed to have been听infringed;听听
an identification of the material you claim is infringing so that we may locate it on听the听Site;听听
your address, telephone number, and email听address;听听

a statement by you that you have a good faith belief that the disputed use is not authorized by the owner听or its听licensee,听or the听agent of either of the foregoing, or the听law;听听
a statement by you that the above information in your notice is accurate听and听made under penalty of perjury; and听
that you are authorized to act on behalf of the owner of the intellectual property interest involved.听

Please direct inquiries regarding intellectual property infringement issues by email to听[email protected],听by phone听at听(800) 445-8733,听or听by writing to听1500 N. Mantua Street, Kent, OH 44240.

It is often difficult to determine if your intellectual听property rights have been violated or if the DMCA requirements have been met.听 We may request additional information before we remove any potentially infringing material.听 If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the applicable material听along with that of the alleged infringer pending resolution of the matter.听 We have an absolute right to remove any such User Content or other material from the Site in our sole discretion at any time.听

LINKS TO THIRD PARTY听WEBSITES听

The Site may contain links to third party websites or听services and advertisements for third parties (collectively, the 鈥淭hird Party Sites & Ads鈥�).听听Such听Third Party听Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads.听 We provide these听Third Party听Sites & Ads only as a convenience and are not responsible for the content,听services, or听products听on or available from those听Third Party听Sites & Ads.听 You acknowledge sole responsibility for and assume all risk arising from your use of听Third Party听Sites & Ads.听听听

The inclusion of a hyperlink听to Third听Party听Sites听& Ads听does not imply affiliation, endorsement, or adoption by听亚星游戏(中国区)官网听of the听Third Party听Sites听& Ads听or any听services, products, or听information contained therein.听听听

ONLINE BILL PAYMENT听

If you wish to听pay your invoices through听the Site (each such听payment, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation,听your account number,听your credit card number, the expiration date of your credit card,听and听your billing address.听听YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.听听By submitting such information, you grant听亚星游戏(中国区)官网听the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.听听Verification of information may be required prior to the acknowledgment or completion of any Transaction.听

We reserve听the right, with or without prior notice, to听bar any User from making or completing any or all Transaction(s)听and听refuse to provide any User with any service.听听You agree to pay all charges that may be incurred by you or on your behalf through the Site,听including听any taxes that may be applicable to your Transactions.听

SMS COMMUNICATION听

亚星游戏(中国区)官网 Tree offers the option to opt-in to SMS/text reminders for upcoming appointments and other communication related to scheduled services for residential tree care services.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance.
Carriers are not liable for delayed or undelivered messages
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive one message per scheduled appointment. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: /about/corporate/policies/privacy-policy/

DISCLAIMER OF WARRANTIES听听

OUR听SERVICES,听PRODUCTS,听AND CONTENT听AVAILABLE ON THE SITE听ARE PROVIDED 鈥淎S IS,鈥� WITHOUT ANY WARRANTY OF ANY KIND.听 WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.听 We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis.听 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES听OR PRODUCTS听PROVIDED TO YOU.听

IN NO EVENT WILL听OUR听AGGREGATE LIABILITY ARISING OUT听OF OR IN CONNECTION WITH听ANY WARRANTIES听RELATING TO OUR听SERVICES,听PRODUCTS, OR听CONTENT,听THESE TERMS,听AND YOUR USE OF THE SITE,听INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY听SERVICES OR听PRODUCTS VIA THE SITE,听OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR听SERVICES OR听PRODUCTS PURCHASED VIA THE SITE听IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO听YOUR CLAIM听OF听LIABILITY.听 THE LIMITATIONS OF听LIABILITY AND DAMAGES听SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN听YOU AND听DAVEY.听 SOME JURISDICTIONS听DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.听听

LIMITATIONS听OF LIABILITY听

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT听NEITHER听DAVEY,听OUR听AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING听SERVICES,听PRODUCTS,听OR CONTENT听ON THE SITE听WILL BE LIABLE听FOR ANY CLAIMS, LOSSES, OR DAMAGES听(INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR听EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY听鈥� EVEN听OUR听OWN ACTIVE OR PASSIVE NEGLIGENCE 鈥�听ARISING IN CONNECTION WITH:听(I)听THE SITE;听(II)听THE USE OR INABILITY TO USE THE SITE;听(III)听THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE;听(IV)听THE PURCHASE OR USE OF ANY听SERVICES OR听PRODUCTS THROUGH THE SITE听OR OTHERWISE;听(V)听UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF听DATA OR OTHER INFORMATION THAT IS SENT听TO听OR RECEIVED听BY THE SITE;听(VI)听ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF听WE听OR听OUR听REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.听听THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE听BARGAIN BETWEEN YOU AND听DAVEY.听 ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.听听听

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,听OUR听LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO听DAVEY听FOR ANY听SERVICES OR听PRODUCTS SUPPLIED听BY听US听THROUGH YOUR USE OF THE SITE听OR OTHERWISE.听

WE听WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION听UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN听CONTINGENCY BEYOND听OUR听REASONABLE听CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.听

The terms of this section survive any termination of these Terms.听

TERMINATION听

Notwithstanding anything to the contrary in听these Terms,听we听reserve the right, without notice and in听our听sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site.听 You agree that听we听will not be liable for any termination of your use of or access to the Site.听听听

NO听THIRD PARTY听BENEFICIARIES听

We and you are the only parties听entitled to enforce these Terms.听听These Terms do not and are not intended to confer any rights or remedies upon any person other than听you and听亚星游戏(中国区)官网.听 Notwithstanding the foregoing, the parties agree that the payment card networks are听third听party听beneficiaries of these Terms for purposes of enforcing provisions relating听to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.听听You听also agree that if听we听assign, transfer, or sub-contract any of our rights or obligations under these Terms to any听third听party听in writing, such听third听party听may enforce the Terms that are assigned, transferred, or sub-contracted.听

DISPUTE听RESOLUTION听听

AGREEMENT TO ARBITRATE听AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS听

WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO听OUR听SERVICES,听PRODUCTS,听THESE TERMS, INCLUDING OUR PRIVACY POLICY AND COOKIE POLICY,听OR THE BREACH, TERMINATION, ENFORCEMENT,听INTERPRETATION,听OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, 鈥淒ISPUTES鈥�) WILL BE SETTLED BY CONFIDENTIAL BINDING ARBITRATION, EXCEPT THAT听each party retains the right to:听(i)听bring an individual action in small claims court;听and听(ii)听seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or听violation of a party鈥檚 copyrights, trademark, trade secrets, patents, or other intellectual property rights听(the action described in the foregoing clause (ii) an 鈥�IP Protection Action鈥�).听 The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in听Cleveland, Ohio听and each of the parties hereto waives any objection to jurisdiction and venue in such courts.听听听

You acknowledge and agree that听both听you and听亚星游戏(中国区)官网听are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding.听听Further, unless we both otherwise agree in writing,听an听arbitrator may not consolidate more than one person鈥檚听claims, and听may not otherwise preside over any form of any class or representative proceeding.听 If this specific paragraph is held unenforceable,听there will be no impact on the remainder of听this 鈥淒ispute Resolution鈥� section, which听will be听still be enforceable.听听This 鈥淒ispute Resolution鈥� section will survive termination of these Terms.听

We both听agree that听these Terms should be interpreted and enforced under the Federal Arbitration Act (9 U.S.C. 搂搂 1,听et seq.) because they听memorialize a transaction in interstate commerce.听 This section will survive termination of these Terms.听

ARBITRATION RULES听

The arbitration will be听administered and听governed by听the听Comprehensive or听Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and听in effect at the time the arbitration is initiated (the 鈥淛AMS Procedures鈥�),听which are听available at听听or by calling 1-800-352-5267.听听听

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.听听听

DISPUTE NOTICE AND听ARBITRATION PROCESS听

Prior to initiating an arbitration proceeding, you听must听first send听亚星游戏(中国区)官网听a written statement setting forth听your听name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (鈥淒ispute Statement鈥�).听 The Dispute Statement to听亚星游戏(中国区)官网听must be emailed to听[email protected].听听If we are unable to resolve your claim within thirty (30) days, then either听party that desires to听initiate听an听arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.听听听

An听arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes听relating to听亚星游戏(中国区)官网鈥檚 services and products, as well as all Disputes听arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to,听the arbitrability of any claim, as well as听any claim that all or any part of these Terms is void or voidable.听 Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is听an IP Protection Action.听

ARBITRATION LOCATION AND PROCEDURE听

Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside.听 If your claim does not exceed $10,000, then:听(i)听the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if听there is a听hearing, you may choose whether听to participate in person or by telephone.听 If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures.听 Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.听

ARBITRATOR鈥橲 DECISION听

The听arbitrator鈥檚 decision will include the essential findings and conclusions of law upon which the arbitrator based the award.听 Judgment on the arbitration may be听entered in any court听having听competent jurisdiction听thereof.听 The arbitrator鈥檚 award of damages must be consistent with the terms of the听鈥淒isclaimer of Warranties,鈥� and 鈥�Limitations听of Liability鈥�听sections听above as to the types and amounts of damages for which a party may be held liable.听 The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant鈥檚 individual claim.听 If you prevail in arbitration you will be entitled to an award of attorneys鈥� fees and expenses, to the extent provided under applicable law.听听亚星游戏(中国区)官网听will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys鈥� fees and expenses if it prevails in arbitration.听

FEES听

We听will pay or (if applicable) reimburse you for all JAMS filing, administration, and arbitration fees听for any arbitration commenced听by you or听亚星游戏(中国区)官网听pursuant to听the听terms听of this section.听

TIME LIMIT FOR RESOLVING DISPUTES听

The parties agree that any cause of action either may have with respect to the Site or our听services,听products, and Content听must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary.听 Many states鈥� laws set statutes of limitations that are longer than one (1) year.听 If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim.听听This means that if you wait longer than one (1) year to initiate听arbitration听under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.听

The terms of this Dispute Resolution section survive any termination of these Terms.听

RIGHT TO听OPT-OUT OR听REJECT FUTURE听CHANGES TO DISPUTE RESOLUTION SECTION听听

You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to听The听亚星游戏(中国区)官网听Tree Expert Company, at听1500 N. Mantua Street, Kent, OH 44240, or听by email to听[email protected],听within thirty (30) days of your first visit to and use of the Site that specifies your:听(i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section.听 In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply.听 If you do not so opt-out, then the terms of this听鈥淒ispute Resolution鈥澨�section will apply.听听

Notwithstanding the provisions of 鈥淐hanges to Terms of Use鈥� section above, if听亚星游戏(中国区)官网听changes this 鈥淒ispute Resolution鈥� section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending听亚星游戏(中国区)官网听written notice (including by email to听[email protected]) within thirty (30) days of the date such change became effective, as indicated in the 鈥淟ast Updated鈥� date above or in the date of our email to you notifying you of such change.听 By rejecting any change, you are agreeing that you will arbitrate any Dispute between听you and听亚星游戏(中国区)官网听in accordance with the provisions of this 鈥淒ispute Resolution鈥� section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).听

GENERAL TERMS听

These Terms constitute the entire听and exclusive understanding and agreement between听亚星游戏(中国区)官网听and you regarding the Site, Content,听services, and听products听that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between听you and听亚星游戏(中国区)官网听regarding the Content,听services, or听products听provided on the Site.听 If, for any reason, any provision of these Terms听is deemed to be听invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.听听听

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.听 Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect.听 We may freely assign or transfer these Terms without restriction.听 Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.听

Any notices or other communications provided by听亚星游戏(中国区)官网听under these Terms, including those regarding modifications to these Terms, will be given:听 (i) by听亚星游戏(中国区)官网听via email; or (ii) by posting to the Site.听 For notices made by email, the date of receipt will be deemed the date听we transmit听such notice.听

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.听 The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of听亚星游戏(中国区)官网.听 Except as听expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.听

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between听you and听亚星游戏(中国区)官网, and you do not have any authority to create any obligation on听our听behalf.听听听

CONTACT INFORMATION听

If you have any questions about these Terms, please contact 亚星游戏(中国区)官网听at:听The听亚星游戏(中国区)官网听Tree Expert Company, at听1500 N. Mantua Street, Kent, OH 44240听or听[email protected].听