Last updated July 2016
Thank you for visiting MowerRepairShops.com (the "Site"), which is owned and controlled by Intellisign LLC ("Intellisign" "Us" or "We"). The "Site" also includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphones and tablets, as well as mobile applications. These Terms of Use ("Terms") govern your access to and use of the Site, so please read them carefully. Your access to and continued use of the Site constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the Terms and our accompanying Privacy Policy, and your compliance with applicable laws and regulations. If you are using the Site on behalf of a company or other legal entity, you agree to be bound by these Terms even if we have separate agreement with you. You may not use the Site if you do not agree to the version of the Terms posted on the Site at the time you access the Site. You may wish to print this page for reference.
General Provisions
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information – whether we have produced the Content (as defined below) or have received it as the result of a Submission or Business Review (each as defined below) – errors may appear from time to time. Before choosing to do business with a business you've seen on this Site, you should investigate any information (other review sites, business websites, etc.) that is important to your selection of a business to choose. We are not responsible for, and do not guarantee the accuracy of, any Content, Submission, or Business Review. You are free to browse the Site for your personal, non-commercial use. Any other reproduction of the Content is strictly prohibited. Further, you may not use the Site to solicit or advertise in any manner.
Privacy
Your use of the Site and the Content may involve the transmission of your Personal Information. Our policy regarding the collection and use of Personal Information is governed by our Privacy Policy, which is hereby incorporated by reference in its entirety.
Content
MowerRepairShops.com provides valuable content to our Site visitors concerning the quality and reputation of lawnmower repair shops, the pricing products and services, as well as other subjective information like individual and overall rating of a consumer's experience. All content on the Site and/or otherwise distributed or made available to you by or on behalf of MowerRepairShops.com, including software, applications, ratings, audio, text, graphics, logos, button icons, video, and images, and the selection and arrangement of such content ("Content") is the exclusive property of Intellisign, its licensors, or the provider of such Content and is protected by U.S. and international copyright and trademark laws. "Content" also includes Submissions and Business Reviews (each as defined below). All rights not expressly granted are reserved.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation Business reviews/ratings and/or business listing information for any public and/or commercial use without the prior written permission of Intellisign.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of MowerRepairShops.com, Intellisign, or its employees, licensors, independent contractors, providers and affiliates without the prior written permission of Intellisign or as authorized in accordance with the terms of being a Mower Excellence Rated Business, or: (i) in, as, or as part of, your own trademarks or those of any third parties; (ii) to identify non-Intellisign products or services; or (iii) in a manner likely to cause confusion or that implies that Intellisign sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
Submissions
In the event you choose to post or submit feedback, materials, information, ideas, opinions and other content ("Submissions"), and unless we indicate otherwise, you grant Intellisign a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any mode and all forms of media whether now known or later developed. You grant Intellisign and its sublicensees the right to use your screen name and any other name that you submit in connection with such Submissions and your geographical location to attribute authorship of Submissions to you. You hereby waive your "moral rights" in your Submissions, to the extent they can be waived, under any existing or future law of any jurisdiction. You represent and warrant that: (a) you own or otherwise control all of the rights to the Submissions that you post and/or submit; (b) the Submissions is accurate; (c) the use of the Submissions you post and/or submit does not violate these Terms; and (d) the Submissions will not cause injury to any person or entity. Intellisign takes no responsibility and assumes no liability for any Submissions posted by you or any third party. You are solely responsible for your Submissions. You assume all risks associated with use of your Submissions, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the Submissions that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of your Submissions as described herein. You may not imply that your Submissions is in any way sponsored or endorsed by Intellisign.
In connection with and as part of the Submissions, the Site allows visitors to rate businesses by submitting reviews and ratings of specific businesses and their experiences with such businesses (collectively, "Business Reviews") and/or read reviews and ratings of businesses submitted by other visitors of the Site. Intellisign is not liable for any statements, representations, descriptions, comments, or opinions provided in Business Reviews on the Site. Reviews are displayed for entertainment and informational purposes only. Intellisign cannot guarantee the accuracy, integrity, or quality of Business Reviews. Under no circumstances will Intellisign be liable in any way for any Business Review, including, but not limited to, any errors or omissions in any Business Review, or any loss or damage of any kind incurred as a result of the use of or any Submission as part of such Business Review.
Intellisign generally does not review all Submissions prior to posting on the Site, provided, that Intellisign shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all Submissions and may remove or require the removal of any and all Submissions for any reason, provided that Intellisign and / or a business may review Submissions prior to posting where such Submissions relate to certain business marketing programs. In addition, Intellisign may edit, modify, or otherwise alter your Submissions for length, clarity, or to make sure it conforms to our Ground Rules with no notice and at Intellisign's sole discretion.
You grant to us an exclusive, royalty-free, perpetual, irrevocable, worldwide license to use your picture, portrait, photograph, videos, likeness and other renderings or images of you that you upload or provide to us ("Photos") in all forms of media, including without limitation photographs, video, print advertisements, newsletters, brochures, websites, social media sites, and all other media now known or later developed (collectively, "Media") and in all manner, including electronic, Internet, social media and other online Media and/or composite representations, for advertising, promotion, trade, training or any other lawful purposes. You further waive any right to inspect or approve the finished product or versions of the Photos, including written copy that may be created in connection therewith. You expressly release Intellisign, its affiliates, agents, employees, licensees and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation, violation of any right to publicity, or any other cause of action arising out of production, distribution, publication, broadcast or exhibition of Intellisign advertisements, promotions, content, programs and/or materials in which any portion of the Photos appear. The license rights and release set forth herein shall extend to any minors under the age of 18 that may appear in any of the Photos. You acknowledge and agree that any and all Submissions are public and you have no expectation of privacy or confidentiality in any Submission by reason of any Submission via the Site.
Links
This Site may contain links to other websites or services offered by third parties (“Linked Services”). The Linked Services are not under our control and we are not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Services provide links only as a convenience, and the inclusion of any links to a Linked Service is not an endorsement by us of any company offering Internet services, products or services on the Linked Services. You may link to the home page of the Site without obtaining our permission provided that you do so only through a plain-text link. For any other type of link to the Site, you must obtain our express written permission. To seek our permission, you may write to services@intellisignweb.com. If you provide a third-party website that links to the Site, you: (a) shall not create a frame, browser or border environment around any of the content of the Site; (b) shall not imply that we endorse or sponsor your website or any of its products or services; (c) shall not present false information about us, the Site or any of our products or services; (d) shall not use any of our trademarks without our express prior written permission; and (e) shall not include any content that could be construed by us as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Services from any website, and to require termination of any link to the Site, for any reason in our sole and absolute discretion.
Limitation of Liability
Intellisign is not a party to or has any liability to any party with respect to any interaction or attempted interaction between a business and any Site visitor or author of any Submission or Business Review. Intellisign shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site, including the Content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, lost profits, business interruption, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, opinions, advice, services and other Content provided on the Site. You agree that access to the Site is provided on an "as is" basis. We do not control how frequently third-party search engines update their indexes, display Content, or how they order their search results; which is the sole responsibility of the search engines, third-party sites, and other such feed resources. If you are dissatisfied with any Content posted on the Site, your sole and exclusive remedy is to discontinue using the Site.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of Content, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall Intellisign or its affiliates, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, including any provider of Content, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Content.
Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Intellisign's agent for notice of claims of copyright or other intellectual property infringement ("Agent"): Copyright Agent Intellisign, LLC P.O. Box 11222 Phoenix, AZ 85018 Copyrightagent@Intellisignweb.com
Any notice provided to our Agent should include the following:
Subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and other applicable law, Intellisign will remove the infringing posting(s) in its sole discretion.
Viruses; Security
Intellisign does not guarantee or warrant that the Site or any Content thereon will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can Intellisign provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other Information or Content they may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches. Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. Internet e-mail and review postings are or may become vulnerable to interception and forging. Intellisign will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to Intellisign through the Internet, or that you expressly or implicitly authorize Intellisign to make, or for any errors, data corruption or any changes made to any transmitted information.
Contact Information
Users of MowerRepairShops.com must keep a current and up to date email address. MowerRepairShops.com requires your email address in the event a Business Review requires further information, clarification, or accuracy verification and for use of the Site's messaging feature as further noted below. Reviews and Community Guidelines
Your use of the Site, the Intellisign Services, Content, Submissions, and Business Reviews are subject to our Ground Rules.
Warranty Disclaimer
THE SITE (INCLUDING ALL CONTENT AND ANY OTHER PRODUCT, SERVICES, OR INFORMATION MADE AVAILABLE VIA THE SITE OR BY INTELLISIGN) ARE PROVIDED "AS IS" AND "AS AVAILABLE." INTELLISIGN DOES NOT WARRANT THAT THE FEATURES OR FUNCTIONS CONTAINED IN THE SITE OR THE SITE ITSELF WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INTELLISIGN AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
Indemnification
By using the Site, you agree to indemnify, defend and hold Intellisign, and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities arising out of your use of the Site, your violation of these Terms (including the Ground Rules and the Privacy Policy), your violation of any rights of another, or any of your Content or your use of any Content. You are responsible for all statements or reviews made and acts that occur through the use of your session or device. Updates to the Terms Intellisign has the right to modify these Terms and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail, conventional mail or text messaging. Your continued use of the Site following notice of any modification to these Terms shall be deemed an acceptance of all such modifications. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Intellisign in providing the Site is to stop using the Site and terminate your account, if applicable. In addition, Intellisign has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of access to any area of the Site. Intellisign may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Termination
Intellisign reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Intellisign terminates your access or use of the Site based on a breach by you of these Terms, Intellisign reserves the right to refuse to provide access to the Site to you in the future. Choice of Law and Forum; Arbitration to Resolve Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflict of law rules. You expressly consent and agree that all disputes arising out of or relating to the use of the Site, these Terms of Use and/or the Privacy Policy shall be submitted to and resolved through binding arbitration binding arbitration to be administered by the American Arbitration Association or its successor organization, or any other arbitration service provider mutually agreed upon by the parties (collectively, “Arbitration Provider”) in accordance with the Arbitration Provider’s then-current rules and procedures for commercial contracts (except to the extent such rules are inconsistent with the terms hereof). The parties agree that the arbitration shall take place in Phoenix, Arizona and shall be conducted in English before a single neutral arbitrator. The Parties shall mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, each party will submit to the Arbitration Provider a list of no more than three (3) potential arbitrators nominated by that party and the Arbitration Provider will choose a single arbitrator from among the potential arbitrators identified in such lists. In rendering the award, the arbitrator shall apply the governing law set forth above, except where that law conflicts with this clause and except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The arbitrator shall be empowered to award the prevailing party any remedy available at law or in equity not specifically precluded by this Agreement, including without limitation injunctive or declaratory relief and reasonably attorney’s fees and costs. The award entered or decision made by the arbitrator shall be final and non-appealable, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.