1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and Longwell Lawn Care, LLC ("Company," "we," "our," or "us") governing your access to and use of the Job Log mobile application ("App"). By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease use of the App.
2. Authorized Use Only
The App is provided exclusively for use by authorized employees and contractors of Longwell Lawn Care, LLC in connection with their job duties. Access is granted on an individual, non-transferable basis. You agree to:
- Use the App solely for lawful, work-related purposes as authorized by the Company.
- Keep your login credentials confidential and not share them with any other person.
- Notify your administrator immediately if you suspect unauthorized access to your account.
- Use the App in compliance with all applicable laws, regulations, and Company policies.
3. Account Responsibilities
You are responsible for all activity that occurs under your account. The Company reserves the right to suspend or terminate your access at any time, with or without notice, for any violation of these Terms or for any operational reason at the Company's sole discretion.
4. Data Accuracy and Integrity
You are responsible for ensuring that all information you enter into the App is accurate, complete, and truthful. The Company relies on data entered through the App for business operations, reporting, and client management. Intentional entry of false, misleading, or inaccurate information may result in disciplinary action up to and including termination.
5. Prohibited Conduct
You agree not to:
- Access or attempt to access accounts, data, or systems you are not authorized to use.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
- Introduce any virus, malware, or other harmful code into the App or its supporting infrastructure.
- Use the App to collect, store, or transmit information about individuals without proper authorization.
- Use the App for any commercial purpose outside of your authorized employment duties.
- Remove, alter, or obscure any proprietary notices or labels on the App.
- Circumvent, disable, or interfere with security-related features of the App.
- Take any action that could damage the reputation or business interests of Longwell Lawn Care, LLC or its associates.
6. Intellectual Property
The App, including all content, features, functionality, design, code, and underlying technology, is owned by Longwell Lawn Care, LLC and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the App beyond the limited license to use it for authorized employment purposes.
7. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APP IS AT YOUR SOLE RISK.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LONGWELL LAWN CARE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00).
9. Indemnification
You agree to indemnify, defend, and hold harmless Longwell Lawn Care, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any applicable law or the rights of any third party.
10. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- a) Agreement to Arbitrate: You and Longwell Lawn Care, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of the App shall be resolved exclusively through final and binding arbitration before a single neutral arbitrator, rather than in court, except as provided below. The arbitration shall take place in Missouri, unless otherwise agreed in writing by both parties.
- b) Arbitration Process: The parties shall mutually agree upon a neutral arbitrator. If the parties cannot agree within thirty (30) days of a written demand for arbitration, either party may petition a court of competent jurisdiction in Missouri to appoint a neutral arbitrator.
- c) Waiver of Jury Trial: YOU AND THE COMPANY EACH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY WITH RESPECT TO ANY DISPUTE COVERED BY THIS ARBITRATION AGREEMENT.
- d) Waiver of Class Actions: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
- e) Injunctive Relief Exception: Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
- f) Costs: Each party shall bear its own costs, fees, and expenses in connection with any arbitration proceeding, including arbitrator fees, filing fees, and attorneys' fees, except as otherwise awarded by the arbitrator pursuant to applicable law.
- g) Severability: If any part of this arbitration agreement is found unenforceable, that part shall be severed and the remaining arbitration agreement shall remain in full force and effect.
- h) Opt-Out: You may opt out of this arbitration agreement by providing written notice to Longwell Lawn Care, LLC within thirty (30) days of your first use of the App.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 10, the parties consent to the exclusive jurisdiction of the state and federal courts located in Missouri.
12. Modifications to Terms
The Company reserves the right to modify these Terms at any time. Updated Terms will be posted within the App. Your continued use of the App following any modification constitutes your acceptance of the revised Terms.
13. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to the App and supersede all prior agreements, understandings, and representations.
14. Contact
If you have questions about these Terms, please contact:
Longwell Lawn Care, LLC