PARTIES TO THIS AGREEMENT AND DEFINITIONS
“Terms of Use”, “Terms”, “Terms and Conditions”, “Website Terms of Use”, “Agreement” are synonymous with these Website Terms and Conditions.
“We”, “Us”, “Ourselves” represent Beaver County Tree Service, the owner of this website and the site’s operators.
“You”, “Viewer/s”, “Customer/s”, Visitor/s” or “User/s” mean all persons, individuals or representatives of organizations, governments, businesses or associations that visit or view or interact with this website. All visitors are parties to this Agreement with Beaver County Tree Service and are therefore subject to these Terms of Use. Viewing this website constitutes your full and unreserved acceptance of these Terms of Use.
“Website”, “Site” means https://beavercountytreeservice.com/ upon which these Terms of Use reside and to which these Terms of Use apply.
“Content” means any text, information, visuals, images, graphics, videos, page designs, ideas that are presented on this Website. We are the exclusive owners of our trademark and this content. We are sole owners of this intellectual property. Visitors to this website acknowledge that all content is subject to the provisions of the Intellectual Copyright clause below.
ACCEPTANCE
Reading these Website Terms and Conditions and accepting both this Terms document and also the separate Privacy Policy of Beaver County Tree Service are required considerations for Beaver County Tree Service granting the you the right to visit, read or interact with this website – https://beavercountytreeservice.com/.
All visitors are denied access to the https://beavercountytreeservice.com/ website unless they read and accept these Terms of Use and the related Privacy Policy of this website.
By viewing, visiting, using, or interacting with https://beavercountytreeservice.com/ you are agreeing to all the provisions of this Website Terms and Conditions document and also the accompanying Privacy Policy.
All persons under the age of 18 are denied access to this site. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. We specifically deny access to any individual that is covered by the Child Online Privacy Act (COPA) of 1998.
We reserve the right to deny access to any person or viewer for any reason. Under the terms of our separate Privacy Policy, which you also accept as a condition for viewing, we are allowed to collect and store data and information for the purpose of exclusion and for several other uses (as defined separately).
These Terms may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view this site, to keep themselves informed of changes.
FEDERAL TRADE COMMISSION DISCLOSURE
The designers and operators of this website do not themselves perform the various tree services described on this Website. Instead, Beaver County Tree Service will partner with trusted, local tree service companies from time to time within the Beaver County and Pittsburgh metropolitan areas. If you contact us by phone or email, you will be placed in touch with a vetted and approved tree service provider in exchange for a referral commission. The responsibility for deciding the suitability or otherwise of the tree service provider, with whom this website puts you in contact, lies solely with Visitors to this website.
The operator of this website provides no warranty whatsoever, nor assurances, nor guarantees relating to the qualifications or proficiency of the third party tree services provider to fulfill your service request.
Visitors agree that they assume all responsibility to check that the third party tree service provider is fully licensed and insured (ideally to include Workers Compensation Insurance coverage) before allowing them to perform any form of tree services on their properties and/or trees. If, following any referral to a third-party provider, visitors decide to commission work on their properties and/or trees, no monies will be paid to Beaver County Tree Service. Visitors will enter into a contract for a specific tree service or services with the third party tree services provider and be bound by the contractual terms entered into with the same.
Visitors agree that there will be no recourse to Beaver County Tree Service for any damages or claims relating to the performance or otherwise of the contract with the third party provider.
YOUR USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
Visitors to this website have no rights whatsoever to use or reproduce the content of, or portions thereof, including its databases, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. Visitors agree to liquidated damages in the amount of U.S. $250,000 in addition to costs and actual damages for breach of this provision. Visitors warrant that they understand that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the operator of this website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of Beaver County Tree Service or the operators of this website.
CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by ourselves, no person or entity may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to their website or on any social media platform, for any reason whatsoever.
Similarly, no entity or person is allowed to reference the URL https://beavercountytreeservices.com/ of this website in any commercial or non-commercial media without express permission of this website’s operators, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $250,000.00 plus costs and actual damages for violating this provision.
INTELLECTUAL PROPERTY AND COPYRIGHT
You agree that our Content as defined at the head of these terms is protected by copyright and trademark laws of the United States. Furthermore, you agree that you will not alter or remove any copyright, trademark, service mark, or other proprietary rights or notices incorporated in the Content on our Website.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
If you believe Beaver County Tree Service has infringed the either your copyright or that of a third party, please provide us with full details in writing via our email address:
help4yrtrees (at) beavercountytreeservice (dot) com
Upon receiving your notice, we shall act upon all verified infringements of copyright by removing relevant content in order to protect the intellectual property of others.
We reserve the right to request supporting information from you or others in order to ascertain correctly that an infringement of copyright has been made.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all risks of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Furthermore, visitor may view and interact with this site, or banners or pop-ups or advertising displayed thereon, at their own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor may download information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
We shall not be liable If all or any part of our Site is unavailable at any time for any reason whatsoever.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which Beaver County Tree Service is required to pay for, the Visitor, as a condition of viewing, promises to reimburse us for all related costs.
SUBMISSIONS
Visitors agree as a condition of viewing, that any communication between Visitors and this Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the operators of this website and may be used by us, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due to people using this site. Visitors expressly warrant that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitors agree to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to any purchase or any service requested, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, 10017-4605. Hearing will take place in the city or county of the operator of this website.
In no case shall the viewer, visitor or customer have the right to go to court or have a jury trial. Visitors will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor or customer agrees that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Site Owner’s (Our) Pennsylvania address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller i.e. Pennsylvania.
CONTACT INFORMATION
The Operator of this website is:
Mailing address:
Beaver County Tree Service
Unit 2, 700 New York Avenue,
Rochester, PA 15074
Contact Email: help4yrtrees (at) beavercountytreeservice (dot) com
All Rights Reserved.