Effective Date: October 7, 2024
Welcome to Apple Tree Service Inc. (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your use of our website https://appletreeserviceinc.com (the “Site”) and the services provided through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Site.
1. Acceptance of Terms
By accessing the Site, submitting information, purchasing leads, or engaging with our services, you agree to comply with and be legally bound by the following Terms. These Terms apply to all visitors, users, and others who access the Site (“Users”).
2. Changes to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Site after any changes are made will be deemed acceptance of those changes. Please check this page regularly for updates.
3. Services Provided
Apple Tree Service Inc. provides tree-related services and generates leads for tree companies (the “Services”). Leads generated from the Site may be sold to third-party tree companies. By submitting your information to request services, you consent to being contacted by these companies. Lead buyers may use this information to offer services directly to you.
4. User Responsibilities
As a User of the Site, you agree:
- To provide accurate and truthful information when submitting any form or inquiry.
- To use the Site only for lawful purposes and in accordance with these Terms.
- To not use the Site in any manner that could disable, overburden, or impair the functionality of the Site.
- To not engage in any conduct that could harm Apple Tree Service Inc., its customers, or third-party service providers.
5. Lead Sales and Buyer Terms
If you are a tree service company purchasing leads from us (“Lead Buyer”), the following terms apply:
- Exclusivity: Leads may be sold on either an exclusive or non-exclusive basis, as agreed upon in your contract.
- Lead Quality: We do our best to ensure that leads are valid, but we do not guarantee that every lead will result in a successful sale or job. No refunds will be provided for leads that do not convert into sales unless otherwise stated in your contract.
- Non-Resale of Leads: Lead Buyers are prohibited from reselling or redistributing the leads purchased from Apple Tree Service Inc. without express written consent.
- Refunds: If a lead is invalid (e.g., wrong contact information or fraudulent inquiry), you may request a refund or replacement as per the agreement terms. Requests must be submitted within 14 days of receiving the lead. Refunds are not guaranteed.
6. Payment and Fees
- Lead Purchases: Payment terms for lead purchases are defined in the Lead Buyer Agreement. Lead Buyers are responsible for any applicable taxes, and failure to pay as per the agreed terms may result in suspension or termination of services.
- Other Services: Any additional services provided by Apple Tree Service Inc. are subject to separate agreements with corresponding payment terms.
7. Intellectual Property
The content, design, graphics, and software on the Site are the property of Apple Tree Service Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or modify any content from the Site without express written consent from Apple Tree Service Inc..
8. Disclaimer of Warranties
The Site and the Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. Apple Tree Service Inc. makes no guarantees as to the accuracy, completeness, or timeliness of the information on the Site. We do not warrant that the Site will be error-free or uninterrupted, or that defects will be corrected.
To the fullest extent permitted by law, Apple Tree Service Inc. disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, Apple Tree Service Inc. shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from:
- Your use or inability to use the Site or Services.
- The sale or purchase of leads.
- Any errors or inaccuracies in the lead information.
- Unauthorized access to your information or data.
- Any conduct of third parties using the Site or Services.
Our total liability to you for any damages related to these Terms or your use of the Site shall not exceed the amount paid by you for services or leads, if any.
10. Indemnification
You agree to indemnify, defend, and hold harmless Apple Tree Service Inc., its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site or Services, your violation of these Terms, or your violation of any rights of a third party.
11. Termination
We reserve the right to terminate or suspend your access to the Site or Services, without prior notice, for any reason, including violation of these Terms. Upon termination, your right to use the Site will immediately cease.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration, conducted in McKinney, TX in accordance with the rules of the American Arbitration Association.
13. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and Apple Tree Service Inc. regarding your use of the Site and Services and supersede any prior agreements or understandings.
- Severability: 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, and the remaining provisions will remain in full force and effect.
- Waiver: Any failure by Apple Tree Service Inc. to enforce any provision of these Terms shall not be deemed a waiver of such provision or any future right to enforce it.
14. Contact Information
If you have any questions or concerns regarding these Terms or the Services provided by Apple Tree Service Inc., please contact us.