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TruGreen Terms & Conditions
Terms and Conditions
- Applicability
The following terms and conditions apply to all TruGreen Web Sites that are owned, operated, and maintained by or for TruGreen Limited Partnership and its United States subsidiaries and affiliates (“TruGreen”) including (1) TruGreen.com and other TruGreen websites on which these terms and conditions are linked; (2) TruGreen mobile applications; and (3) the social media accounts and/or pages that we control. TruGreen websites, applications, and social media accounts are collectively referred to in these terms and conditions as the “Site”.
These terms and conditions do not apply to: (1) a limited number of TruGreen websites that are governed by separate terms and conditions or (2) your interaction with or use of the website of any TruGreen franchisee. If you enter into an agreement for services with us (a “Service Agreement”), and a conflict exists between your Service Agreement and these Terms, the Service Agreement will preempt these Terms to the extent necessary to resolve the conflict.
- General Provisions
THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY, ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.
By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.
We may, in our sole discretion, modify these Terms from time to time with or without notice to you. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
- Jurisdiction and Governing Law
TruGreen makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. TruGreen does not intend this Site to be viewed or accessed outside the United States. By entering this Site, you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to the laws of the State of Tennessee, without regard to conflicts of laws principles. If you use this Site from other locations, you are responsible for compliance with any and all applicable local laws.
- Disclaimer of Warranties
This Site, and all information and materials contained herein, is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. TruGreen and all parties involved in creating, producing, or delivering this Site use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES WITH RESPECT TO ANY DOWNTIME, DELAYS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION, MATERIALS, OR SERVICES THROUGH THE SITE. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
- TruGreen’s Intellectual Property
TruGreen will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of TruGreen or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by TruGreen. Except as expressly authorized by TruGreen, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services. Without waiving any of the foregoing rights, you may print or download information on products/services from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from TruGreen is prohibited.
- Site Content & Functionality
TruGreen reserves the right to change, modify, or discontinue any components or functions of the Site or discontinue the Site in its entirety, in TruGreen’s sole discretion and without notice. Any special offers, promotions, discounts, or other offerings on the Site may be discontinued at any time without notice. TruGreen provides general price information on the Site. You understand that TruGreen’s services are tailored to each customer and, therefore, the price you see on the Site may not be your final price. Your final price will be communicated to you when you agree to purchase TruGreen’s services.
You may be able to pay invoices, modify/update payment information, or otherwise submit payment information to TruGreen via the Site. You agree that we may supply your payment information to our third-party payment processor to complete your payment. For additional information regarding our PrePay and EasyPay Options, and your authorization for electronic processing of payments made by check, please see your Service Agreement.
PrePayment Agreement: If you elect to PrePay for some or all of your TruGreen services, you acknowledge and agree that depletion of your prepayment funds is not an automatic cancellation of your account and that services, including those containing the application of pesticides, will continue after your prepayment funds are depleted unless you contact us to cancel your account. If your prepayment funds are depleted, you authorize us to convert your account to EasyPay status using the same debit/credit card or bank account used for your prepayment and to charge your debit/credit card or bank account for the cost of each service after it is performed.
- Mobile Application
One component of our Site is our mobile application (“App”) which you may voluntarily use. You are responsible for ensuring that you have a mobile device, other equipment, and/or telecommunications service necessary to access and use the App. TruGreen does not guarantee the quality, speed, or availability of the Internet connection associated with your device. TruGreen does not guarantee that the App can be used on all devices, with all telecommunications service providers, or in all geographic areas. Your access to download and use the App may also be governed by the device manufacturer and/or App distributor’s (e.g., Apple, Google) terms of use and privacy policy which you should review prior to downloading the App.
So long as you abide by these Terms, TruGreen grants you a limited, non-exclusive, revocable, license to use the App for your own personal or household non-commercial purposes. We may revoke or further restrict this license at any time, for any reason, with or without notice to you.
- General Submissions
You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that TruGreen or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, TruGreen and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. By entering this Site, you acknowledge and agree that any communication or material you transmit to this Site or TruGreen in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, photos, or other materials you transmit to TruGreen may be used by TruGreen anywhere, anytime, and for any reason whatsoever.
Photo Submissions. Some areas on this Site allow you to submit personal photos. The general purpose of such submissions is to provide a visual and textual representation of your TruGreen product or to provide TruGreen with images of your lawn for TruGreen to review. We suggest you attach a high-quality photo of your product/service or lawn and provide an accurate, textual description that is both clear and relevant.
You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal. The following is a list of general photo restrictions:
- Photos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group, be profane or pornographic, or contain nudity;
- Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Photos cannot be obscene, offensive, or endorse any form of hate or hate group;
- Photos cannot defame, misrepresent or contain disparaging remarks about TruGreen, its products/services, or industry, or other people, products, or companies;
- Photos cannot contain trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind other than TruGreen, without permission, or contain any personal identification, such as personal names, e-mail addresses, or street addresses;
- Photos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) without permission;
- Photos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Photos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which TruGreen wishes to associate; and
- Photos cannot depict a violation, and cannot themselves, be in violation of any law.
By submitting a photo, you acknowledge that your photo may be posted on this Site or used for our commercial purposes, at our discretion, and without compensation to you. We reserve the right to, and may or may not, monitor/screen photos prior to posting them to the Site. By submitting a photo, you acknowledge that we have no obligation to use or post any photo you submit and we may delete or destroy your photo at any time at our discretion.
By submitting a photo you warrant and represent that: (a) it is your original work and accurately reflects your experience with our product or the condition of your lawn and that depictions are known to be true and are based upon your use of our product ; (b) it has not been previously published; (c) it has not received previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name, likeness or voice is used in the photo (if any); (f) publication of the photo via various media, including Web posting, will not infringe on any third party rights; (g) you have the unrestricted right to submit the photo; and (h) you will indemnify and hold harmless both TruGreen and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.
By submitting a photo, you agree that your submission is gratuitous, made without restriction, will not place TruGreen under any obligation, and that we are free to disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.
You understand that submitting a photo grants TruGreen and its agents a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, publish, and use the photo in any way, in any and all media, without limitation, and without consideration to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by TruGreen’s employees, or obtained from sources other than you.
- Digital Millennium Copyright Act Notice
If you believe that any material on this Site, including TruGreen and user provided material, infringes your copyright rights, please contact TruGreen’s designated agent for Digital Millennium Copyright Act notices at:
TruGreen
Attn: TruGreen Marketing & Communications
1790 Kirby Parkway
Forum II, Suite 300
Memphis, TN 38138
Email address: [email protected]
Phone number: (877) 910-LAWN (5296)
In your notice, please include:
- Your physical or electronic signature;
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
- Identification of the material that you claim to be infringing, and where the material is located on the Site;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
- A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
- Limitation of Liability
BY USING THIS SITE YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, IMPLEMENTATION OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, OR ANY COMPUTER SYSTEM, TELECOMMUNICATIONS SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. IF APPLICABLE LAW DOES NOT PERMIT LIMITATION OF CERTAIN TYPES OF LIABILITY, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF TRUGREEN FOR ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS OR YOUR RELATIONSHIP WITH TRUGREEN WILL BE THE GREATER OF (1) THE AMOUNT ACTUALLY PAID BY YOU TO TRUGREEN IN THE THREE MONTHS PRIOR TO THE FACTS GIVING RISE TO THE CLAIM OR (2) FIFTY DOLLARS ($50).
- Class Action Waiver
Any Claim must be brought in the party’s individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including, but not limited to, any action based on the Telephone Consumer Protection Act, California Consumer Privacy Act, other state and federal laws related to privacy of personal information or data security, the Fair Debt Collection Practices Act, or other state and federal laws related to the collection of debts. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE AS A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.
- Mandatory Arbitration
Purchaser and TruGreen agree that any claim, dispute or controversy (“Claim”) between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement including but not limited to any tort or statutory Claim shall be resolved by neutral binding arbitration by the American Arbitration Association (“AAA”), under the Commercial Arbitration Rules or Consumer Arbitration Rules of the AAA, as applicable, in effect at the time the Claim is filed (“AAA Rules”). AAA Rules and forms may be obtained and all claims shall be filed at any AAA office, www.adr.org or by calling 1-800-778-7879. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, but the arbitration fees and arbitrator compensation shall be payable as provided in the AAA Rules. If the amount in controversy is less than $10,000, the arbitration will be conducted on the basis of written submissions only. If the amount in controversy is $10,000 or more but less than $100,000, the arbitration will be conducted in-person before a single arbitrator without the option for appeal. If the amount in controversy is $100,000 or more, the arbitration will be conducted in-person before a panel of three arbitrators without the option for appeal. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which Purchaser resides. The parties may mutually agree to hold any in-person hearing via synchronous video conference. The arbitrator’s decision will be accompanied by a written reasoned opinion. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this agreement will be brought on an individual basis and will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or person, and will not proceed as a class action or private attorney general action. The foregoing prohibition on consolidated, class action and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. 9 U.S.C Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall sue the other party with respect to any matter in dispute between the parties other than for enforcement of this arbitration agreement or of the arbitrator’s award. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION AND WAIVE THEIR RIGHT TO A JURY TRIAL, TO BRING A CLASS ACTION, OR TO HAVE THEIR CLAIMS JOINED WITH THE CLAIMS OF OTHERS.
Additional Rules for Mass Arbitration:
If twenty-five (25) or more similar Claims are asserted against TruGreen by the same or coordinated counsel or are otherwise coordinated (and Purchaser’s claim is one such Claim), Purchaser and TruGreen agree that these additional procedures set forth in this subsection will apply. Purchaser and TruGreen also understand and agree that, such event, the resolution of the Claim might be delayed.
Purchaser and TruGreen also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and counsel for TruGreen shall each select ten (10) Claims (per side) to proceed first in individual arbitration proceedings as part of a staged process. The remaining Claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those Claims until they are selected to proceed to individual arbitration proceedings as part of the staged process. Notwithstanding any provision to the contrary, a single arbitrator shall preside over each Claim. Only one Claim may be assigned to each arbitrator as part of the staged process unless the parties agree otherwise. If the parties are unable to resolve the remaining Claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and TruGreen shall pay the mediator's fee.
If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) Claims (per side) to proceed to individual arbitration proceedings as part of a second staged process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining Claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those Claims until they are selected to proceed to individual arbitration proceedings as part of the staged process. Notwithstanding any provision to the contrary, a single arbitrator shall preside over each Claim. Only one Claim may be assigned to each arbitrator as part of the staged process unless the parties agree otherwise. If the parties are unable to resolve the remaining Claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and TruGreen shall pay the mediator's fee.
If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) Claims proceeding at one time that are selected randomly or by the AAA in staged sets, until all the Claims included in these coordinated filings, including Purchaser’s Claim, are adjudicated or otherwise resolved. Between staged sets of proceedings, TruGreen agrees to participate in a global mediation session should the coordinated counsel request it in an effort to resolve all remaining Claims.
1. Any applicable limitations periods (including statutes of limitations) and any arbitration fee deadlines shall be tolled for Claims subject to these additional procedures from the time the first Claims are selected to proceed until the time Purchaser’s Claim is selected, withdrawn, settled, or otherwise resolved.
2. Each arbitrator shall endeavor to issue their award within 120 days of their appointment or as swiftly as possible while ensuring fairness to the parties.
3. Counsel for the parties will meet and confer throughout this process in an effort to informally resolve the remaining Claims, streamline procedures, address the informal exchange of information, modify the number of Claims to be adjudicated in any given set of staged proceedings, and ensure the process remains fair and efficient for all parties.
4. A court of competent jurisdiction will have the authority to enforce this “Additional Procedures for Mass Arbitration” section of the Arbitration Agreement, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of AAA fees.
This subsection and each of its requirements are intended to be severable from the rest of this Mandatory Arbitration section. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the staging process in this subsection is not enforceable, then the Claims may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated. Purchaser and TruGreen also agree that should the staging process in this subsection be deemed not enforceable as set forth above, counsel for the parties will work together in good faith, including with the assistance of a process arbitrator, to develop streamlined procedures for the adjudication of Claims to reduce the costs and maximize the efficiency of arbitration.
- Indemnity
You agree to defend, indemnify, and hold TruGreen, our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of these Terms or use of the Site.
- Sweepstakes
The Site offers sweepstakes from time to time. While no purchase is necessary to enter any such sweepstakes, you agree to comply with the official rules of the relevant sweepstakes advertised on this Site. Please do not enter if you are not a permanent resident of the eligible geographic area, or if you are otherwise ineligible as set forth in the particular sweepstake’s official rules. Entries received from persons residing outside of the eligible geographic areas, from other persons otherwise ineligible, or where restricted or prohibited by law will be disqualified.
- Careers
This Site may offer job opening information across many TruGreen entities and may provide mediums for you to apply and submit your resume. You understand that nothing contained herein constitutes an offer of employment by any TruGreen entity.
- Privacy & Security
Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring. To access portions of this Site, you are required to obtain a username and/or password. In such cases, you are responsible for maintaining the confidentiality of any such username or password and are fully responsible for all activities that occur under such username and password. You understand that you can help protect your username, password, and personal information by logging out of password protected web pages before you close your browser. You agree to notify us immediately of any unauthorized use of your user name or password. TruGreen maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever.
- Links
This Site may contain links to or be accessed through links that are owned and operated by independent third parties. We provide links as a convenience and the inclusion of a link does not imply that TruGreen endorses or accepts any responsibility for the content on the linked site. TruGreen is not responsible for content including but not limited to advertising claims, special offers, illustrations, names, or endorsement, or the availability, operation, or performance of franchisees or any other sites to which this Site may be linked or from which this Site may be accessed. Further, TruGreen is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.
- Waiver & Severability
No waiver by TruGreen of any of the provisions of these Terms will be deemed a further or continuing waiver of such provision, and any failure of TruGreen to assert a right or provision of these Terms will not constitute a waiver of such provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be severed or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
- Assignment
TruGreen may assign its rights and/or obligations under these Terms to any person or entity at any time, with or without notice to you or your consent. You may not assign your rights and/or obligations under these Terms to any person or entity without our written consent.
- Entire Agreement
These Terms constitute the entire agreement between you and TruGreen relating to the subject matter of these Terms, and supersedes all prior understandings, including, any prior communications whether electronic, written, or oral.
- SMS Terms and Conditions
If you opt into TruGreen’s text message program (“Program”), you further agree to the terms and conditions outlined in this section.
Consent
By enrolling in the Program, you consent for TruGreen to use an automated system to send marketing text messages to the telephone number(s) you provided at enrollment. You acknowledge that your consent to receive these messages is not required to purchase any goods or services and that cancellation of your account does not automatically revoke your consent.
Program Description and Cost
As part of the Program, TruGreen will send you text messages with service reminders, updates, relevant offers, and/or other information you may be interested in. TruGreen does not charge any fee to participate in the Program. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).
Message Frequency
TruGreen anticipates a typical Program participant will receive approximately 3 messages per month per service line; however, the number of text messages you receive may vary. The actual frequency may exceed or fall below the anticipated range.
Supported Carriers
Supported carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it.
Opt-Out
You may opt-out of the Program by texting STOP to 72241. You consent to receive one message confirming your opt-out. If you are participating in any other text message programs provided by TruGreen, you must opt-out of those programs separately.
Customer Support
You may obtain assistance with the Program by texting HELP to 72241 or by emailing TruGreen at [email protected].
You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify TruGreen immediately at [email protected]. You agree to indemnify TruGreen for all claims, expenses and damages related to or caused in whole or in part by your failure to notify TruGreen immediately of a change in your telephone number.
- Contact Us & Notice Address
You must send all written notices to us under these Terms, excepting DMCA notices, to the following address:
TruGreen Limited Partnership
Attn; Legal Department
1790 Kirby Parkway
Forum II | Suite 300
Memphis, TN 38138