Terms of Service

Gigconcept Inc. D/B/A House of Yards (“HouseofYards”/”House of Yards”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT https://app.houseofyards.com/ (“WEBSITE”), AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE. BY ACCESSING, BROWSING AND USING THIS WEBSITE, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE WHICH CONSTITUTES A BINDING LEGAL AGREEMENT GOVERNED BY AND MADE UNDER AMERICAN LAW BETWEEN YOU AND HOUSE OF YARDS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 19 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE OR SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF PHOENIX, ARIZONA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

GIGCONCEPT MAY, AT ITS SOLE DISCRETION, OFFER THE CLIENT COMPLIMENTARY, TRIAL, OR BETA SERVICES FROM TIME TO TIME AT NO COST. THESE TERMS AND CONDITIONS GOVERN THE CLIENT'S USE OF ANY FREE, TRIAL, OR BETA SERVICES. ANY FREE, TRIAL, OR BETA SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. GIGCONCEPT IS NOT RESPONSIBLE FOR ANY DATA OR CLIENT MATERIALS, INCLUDING THEIR RETENTION OR RETURN, WHEN THE CLIENT USES OR ACCESSES FREE, TRIAL, OR BETA SERVICES. GIGCONCEPT MAY DISCONTINUE, OR SUSPEND CLIENT'S USE OF ANY FREE TRIAL OR BETA SERVICES AT ANY TIME, WITH OR WITHOUT NOTICE AND WITHOUT ANY FURTHER OBLIGATIONS OR LIABILITY TO THE CLIENT. ANY FREE, TRIAL OR BETA SERVICES MAY ALSO BE CHANGED TO A SUBSCRIPTION WITH A FEE AT GIGCONCEPT'S SOLE DISCRETION, AND UPON PRIOR NOTICE TO THE CLIENT. UPON SUCH NOTICE, THE CLIENT'S RIGHT TO CONTINUE TO USE SUCH SERVICES ON A FREE, TRIAL OR BETA BASIS SHALL CEASE ON THE EARLIER OF THE EFFECTIVE DATE SPECIFIED IN THE NOTICE OR UPON CONVERSION TO A SUBSCRIPTION WITH A FEE.

IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.

PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY HOUSE OF YARDS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, House of Yards will make a new copy of the Terms of Service available at the Website and any new, supplemental terms will be made available from within, or through, the affected Service on the Website. Any changes to the Terms of Service will be effective immediately for new Users of the Website, and/or the Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to registered Users (defined in Section 2 below). House of Yards may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, and/or the Services. Otherwise, your continued use of the Website, and/or the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. THE SERVICE

The House of Yards service enables users to run a lawn care, landscaping service business including without limitation CRM, scheduling, billing, invoicing and payment integration functions, as well as the House of Yards payment processing service, all as further described on the Website (the “Service”) and the underlying hardware, software, network storage and related technology required to run the Service is provided by House of Yards and its third party vendors and hosting partners.

2. REGISTRATION

a) Generally. You must provide your full legal name, a valid email address and any other information requested in order to complete the signup process and access certain features of the Website, and/or Service. You may also access the Website, and/or Service by accessing certain social networking services (“SNSs”) through which you have connected to the Website (each such account, a “Third-Party Account”), Any personal information provided by you as part of the sign-up process for the Service will be used and stored in accordance with the House of Yards Privacy Policy. We also collect email addresses from any users of the Service (the “User”) that downloads content from the Website.

b) Account Ownership. If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the default account owner (the “Account Owner”). The Account Owner will have certain rights within the account, including the right to cancel the account, delete information from the account and appoint administrators. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of House of Yards. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit or debit card on file, etc. House of Yards retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, House of Yards reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

c) Third Party Accounts. If you access the Website, and/or the Service through a SNS as part of the functionality of the Website the Services, you may link your account with Third-Party Accounts, by allowing House of Yards to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to House of Yards and/or grant House of Yards access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating House of Yards to pay any fees or making House of Yards subject to any usage limitations imposed by such third-party service providers. By granting House of Yards access to any Third-Party Accounts, you understand that House of Yards may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Website, Service (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through Website, and/or Service via your account. Unless otherwise specified in the Terms of Service, all SNS Content shall be considered to be User Content (defined in section 4) for all purposes of the Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on Website, and/or Service. Please note that if a Third-Party Account or associated service becomes unavailable or the third-party service provider terminates House of Yards’s access to such Third-Party Account, then SNS Content will no longer be available on and through Website, and/or Service. If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at [email protected]. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND HOUSE OF YARDS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. House of Yards makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and House of Yards is not responsible for any SNS Content.

3. FEES, PAYMENTS, REFUNDS, UPGRADING AND DOWNGRADING

Information on the current fees for users who are registered for the Services can be found in the billing section of Your account. If you are a new User or prospective User of the Service and would like more information about our pricing models and products, please see our pricing page, located at https://app.HouseofYards.com/pricing/. From time to time, we may offer a free trial of the Service, in our sole discretion. A valid credit card is required for paying accounts. If you sign up for a recurring (e.g. monthly or annual) paid account, and you don’t cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e. up to and including the last day of your free trial), your access to the Services will terminate, and your credit or debit card will not be charged.

a. Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with section 14 below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at House of Yards’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from House of Yards that your subscription will be automatically renewed, you will have thirty (30) days from the date of the House of Yards notice), by logging in and going to the “Subscription Setting” section of your “Setting” page and by notifying House of Yards of the intended termination by phone.

b. Billing, Changes to Service Tiers & Cancellations. The Service is billed in advance on a monthly or annual basis and fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of User Content, features, or capacity of your account. House of Yards does not accept any liability for such loss. If you cancel the Service before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email.

c. House of Yards Payments. Optional features of the Service includes “House of Yards Payments” a white-labelled payment solution that assists Users with accepting and processing payments from customers (primarily gardeners, landscapers, lawn care professionals, tree workers, hardscape workers, irrigation workers), and which is provided by a third-party payment processor. Please see the House of Yards Payments Terms of Service located at https://houseofyards.tawk.help/article/terms-of-service for the terms which will apply to all users of the House of Yards Payments Service.

4. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not House of Yards, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. House of Yards does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will House of Yards be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

5. RESTRICTIONS ON USER CONTENT AND USE OF THE SERVICES

a) Restrictions Generally. House of Yards reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Website, and/or Service You shall not:

i. copy any content unless expressly permitted to do so herein;

ii. upload, post, email, transmit or otherwise make available any material that:

aa) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

bb) You do not have a right to make available under any law or under a contractual relationship;

cc) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

dd) use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

ee) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or

ff) contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

iii. impersonate any person or entity or misrepresent their affiliation with a person or entity;

iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;

v. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

vi. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

vii. collect or store personal data about other users or viewers;

viii. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or

ix. modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the software provided as part of the Service or to falsely imply that another website is associated with the Service, House of Yards or any other House of Yards service, except to the extent the foregoing restrictions are expressly permitted by applicable law.

b) Acceptable Use. You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by House of Yards) of other House of Yards customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

c) House of Yards Provisioned Phone Numbers. Certain House of Yards plans may include access to a company-specific phone number which may be used to send and receive SMS messages in connection with your business. For the avoidance of doubt, You will be solely responsible for the content and legality of any communications you transmit, collect or store through this feature and you will indemnify House of Yards in respect of any claims arising in respect of the same. Company specific numbers are non-transferable by You. On cancellation or termination of your subscription or the applicable subscription plan that enables access to a company-specific number, House of Yards may reclaim and reallocate any company-specific number not currently linked to an active subscription in a tier that grants access to this feature.

6. LICENSE OF CONTENT TO HOUSE OF YARDS

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content (a) to the extent necessary to provide the Services; and (b) to create aggregated and anonymized market research statistics and insights in respect of the customers and industries that use House of Yards. We will not share any Confidential Information, including end user data, with any third parties, except as set out in our Privacy Policy. House of Yards will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

7. END USER LICENSE

Except for User Content, this Website, and the information and materials contained therein, are the property of House of Yards and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, House of Yards grants you a non-transferable, non-transferable, non-exclusive, revocable license to (a) use the Website for your use, and nothing in the Terms of Service gives you a right to use the House of Yards names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms of Service.

8. FEEDBACK

If You provide House of Yards with any suggestions, comments or other feedback relating to any aspect of the Website, and/or Service (“Feedback”), House of Yards may use such Feedback in the Website, Service and/or in any other House of Yards products or services (collectively, “House of Yards Offerings”). Accordingly, You agree that: (a) House of Yards is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to House of Yards, (c) House of Yards (including all of its successors and assigns and any successors and assigns of any of the House of Yards Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any House of Yards Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.

9. ADVERTISING

You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that House of Yards shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

10. LINKS & THIRD PARTY WEBSITES AND INTEGRATIONS; CONTESTS

The Website (including User Content) may contain links to other websites that are not owned or controlled by House of Yards or may make it possible for you to elect to use third party services with the Service where such third party service providers have integrated with the Service (“Third Party Integration Partners”). In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by House of Yards of that third party, third party product or service. House of Yards is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third parties including Third Party Integration Partners. In order to receive access to a Third-Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third Party Integration Partner. For certain services offered by Third Party Integration Partners, you will be required to pay a fee to House of Yards to turn on the third-party service. Any third-party websites or services (including those offered by Third Party Integration Partners) are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that House of Yards endorses or accepts any responsibility for the content or use of such websites, and You hereby release House of Yards from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. While House of Yards does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 6 of these Terms of Service. House of Yards reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. House of Yards may from time to time offer promotions, sweepstakes, giveaways and contests on the Website. Participation in such initiatives requires your agreement to the contest rules that govern the specific promotional event.

If You are using a payment integration, You must adhere to the applicable rules and regulations of such payment integrator. In addition, You are responsible for ensuring the security of any cardholder data in Your possession including any cardholder data which you process, transmit or store. It is also Your obligation to inform Your customers and clients about Your processing of their data and Your responsibility for the same.

11. DISCLAIMERS

THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS” AND HOUSE OF YARDS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, HOUSE OF YARDS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. HOUSE OF YARDS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND HOUSE OF YARDS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. HOUSE OF YARDS WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HOUSE OF YARDS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF HOUSE OF YARDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOUSE OF YARDS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) AMOUNTS YOU’VE PAID HOUSE OF YARDS IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. HOUSE OF YARDS SHALL NOT BE LIABLE FOR ANY ERRORS, DELAYS, OR CANCELLATIONS MADE BY THE CUSTOMER OR ANY OTHER THIRD PARTY IN CONNECTION WITH THE USE OF THE APP. THE CUSTOMER AGREES THAT HOUSE OF YARDS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF REVENUE OR PROFITS, OR ANY OTHER DAMAGES OR LOSSES SUFFERED BY THE CUSTOMER AS A RESULT OF ANY ERRORS, DELAYS, OR CANCELLATIONS MADE BY THE CUSTOMER OR ANY OTHER THIRD PARTY.

13. INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD HOUSE OF YARDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF ANY THIRD PARTY, OR ANY APPLICABLE LAW OR REGULATION. This provision does not require you to indemnify House of Yards for any unconscionable commercial practice by House of Yards or for House of Yards’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.

14. TERMINATION

You are solely responsible for properly cancelling your account. You can cancel your account at any time by logging in and going to the “Subscription setting” section of your “Setting” page and by notifying House of Yards of the intended termination by phone. However, please see Section 3 above for details that the effect of cancellation has on your payment obligations. House of Yards may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or any other agreement that You may have with House of Yards (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to House of Yards), (b) requests by law enforcement or other government agencies, (c) a request by the Account Owner, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities; or (g) verbal, physical, written or other abuse (including threats of abuse or retribution) of any House of Yards customer, employee, member or officer will result in immediate termination of Your account. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by House of Yards in its sole discretion and that House of Yards shall not be liable to You or any third-party for any termination of Your access to the Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by House of Yards shall be in addition to any and all other rights and remedies that House of Yards may have.

15. AVAILABILITY AND UPDATES

House of Yards may alter, suspend, or discontinue the Website, and/or Service at any time and for any reason or no reason, without notice, but will endeavor to provide notice of the same. The Website, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. House of Yards may periodically add or update the information and materials on this Website without notice. You may need to update third-party software from time to time in order to use the Website, and/or Service.

16. SECURITY

Information sent or received over the Internet is generally unsecure and House of Yards cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur for example by selecting specific paid features or services. Log-ins are intended for one user only and are not to be shared by multiple users. House of Yards will not be liable for any loss or damage arising from your failure to comply with these requirements.

17. CONFIDENTIALITY 

“Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Services, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information and any other non-public content posted, transmitted or accessed through the Services. A Receiving Party shall (i) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees and agents that require such access and use in connection with the Services; (ii) not disclose Disclosing Party’s Confidential Information to third parties, unless authorized under this Section of the Terms; (iii) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (iv) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order. In the event that House of Yards receives a request or order to release your Confidential Information, we will notify You promptly (to the extent permitted by law), so that You may seek a protective order to prevent the disclosure of your Confidential Information.

18. RESPONSES TO LAW ENFORCEMENT

a) House of Yards will respond to all valid, legal requests to the extent permitted by our Terms of Service and Privacy Policy and American law. All requests for disclosure of user information and account information should be directed to House of Yards and marked “Legal” to our offices at 2860 S Alma School Road, STE 18233, Chandler, AZ 85286 with a copy to [email protected]. A valid legal request will take the form of:

i. A valid police request in the case of disclosure of basic subscriber information in relation to alleged crimes such as fraud by such subscribers.

ii. A binding court order compelling disclosure of certain records such as subscriber records and account details but not contents of communications; and/or

iii. A search warrant where contents of communications are sought

b) Unless prohibited by applicable law or where the court order, subpoena or warrant requires no notification or delayed notification, House of Yards may notify affected users when we receive legal process from a third party requesting that user’s data. House of Yards may choose not to notify a user if House of Yards deems, in its sole discretion that providing notice would be ineffective, prejudicial or might create a risk of injury or bodily harm to an individual or group, or to our property.

19. DISPUTE RESOLUTION

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with House of Yards and limits the manner in which you can seek relief from us.

a) Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with House of Yards, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or House of Yards may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

b) Waiver of Jury Trial. YOU AND HOUSE OF YARDS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and House of Yards are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

c) Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then claim must be severed from the arbitration and brought into the Courts located in the City of Phoenix, AZ. All other claims shall be arbitrated.

d) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 2860 S Alma School Rd, STE 18233, Chandler, AZ 85286, within 30 days after first becoming subject to this Arbitration Agreement and by email to House of Yards at [email protected]. Your notice must include your name and address, your House of Yards username (if any), the email address you used to set up your House of Yards account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

e) Severability. Except as provided in subsection 19(f), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

f) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with House of Yards.

g) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if House of Yards makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing House of Yards at the following address: 2860 S Alma School Rd, STE 18233, Chandler, AZ 85286.

20. GENERAL TERMS

These Terms of Service, together with the House of Yards Privacy Policy (and related jurisdiction-specific privacy notices), the House of Yards Payments Terms of Service and any other documents or guidelines incorporated by reference into these Terms of Service, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Service shall not be modified except by a new posting of these Terms of Service issued by House of Yards. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of House of Yards to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by House of Yards must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without House of Yards’s prior written consent. We may assign these Terms of Service without restriction. If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website, or Service, please contact us at: [email protected].

21. LIABILITY DISCLAIMER FOR INSTANT PRICE QUOTE SYSTEM USED TO SIGN UP NEW LANDSCAPING AND LAWN CARE CUSTOMERS

House of Yards provides an instant price quote and online booking system for landscaping and lawn care services. The software provider does not guarantee any new clients from the instant price quote and online booking system. House of Yards shall not be held liable for any inaccuracies or errors that may occur in the system used to sign up new customers. The price quoted by the system is for informational purposes only and is subject to change without notice.

Furthermore, the software provider shall not be held liable for any unpaid payments or disputes that may arise between the landscaper (customers) and their clients. It is the sole responsibility of the landscaper to ensure that all payments are made and all services are properly invoiced. By using the instant price quote system, the landscaper acknowledges and agrees to the terms of this service agreement and releases the software provider from any liability related to its use.

The landscaper understands that the instant price quote and online booking system is a tool for convenience and may not result in new clients. House of Yards does not guarantee any new clients from the use of the instant price quote and online booking system. The landscaper assumes all risks and liabilities associated with the use of the system.

This agreement constitutes the entire agreement between House of Yards and the landscaper and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this agreement. This agreement may not be amended or modified except in writing and signed by both parties.

22. LIABILITY DISCLAIMER FOR LATE FEES AND DISPUTE RESOLUTION ON HOUSE OF YARDS

House of Yards shall not be held liable for any late fees or costs associated with the resolution of disputes between the customer (landscaper) and their clients. It is the sole responsibility of the landscaper to ensure that all payments are made on time and all disputes are properly resolved. House of Yards is a platform for connecting landscapers with potential clients and facilitating communication and transactions between the two parties. While we strive to provide a seamless and efficient user experience, we cannot guarantee the actions or behaviors of either party. By using the House of Yards, the landscaper acknowledges and agrees to the terms of this service agreement and releases the House of Yards from any liability related to the collection of late fees or the resolution of disputes.

23. LIABILITY DISCLAIMER FOR WEBSITE BUILDER (MY HOME PAGE) AND HOSTING SERVICES ON HOUSE OF YARDS

House of Yards shall not be held liable for any downtime, errors, or other issues related to the website builder (My Home Page) feature used to create and deploy customers' (landscapers') websites. We cannot guarantee uninterrupted service or error-free performance. The website builder feature is provided as-is and is subject to change without notice. Additionally, House of Yards shall not be held liable for any downtime or other issues related to the hosting of the landscaper's website. While we take steps to ensure the security and reliability of our hosting services, we cannot guarantee uninterrupted service or error-free performance. By using the website builder feature and hosting services provided by House of Yards, the landscaper acknowledges and agrees to the terms of this service agreement and releases the House of Yards from any liability related to the use of these services. Additionally, it is understood that House of Yards is not liable for any losses of website content attributed to our OR your actions.

24. LIABILITY DISCLAIMER FOR PAYMENT PROCESSING SERVICES ON HOUSE OF YARDS IN PARTNERSHIP WITH STRIPE.COM

House of Yards shall not be held liable for any delay or failure related to the collection of payments from our partner, Stripe.com. While we have partnered with Stripe.com to provide a seamless and secure payment processing system for our users, we cannot guarantee the actions or performance of our partner. Any delay or failure related to the deposit of payments into the customer's (landscaper's) financial institution is the sole responsibility of Stripe.com. House of Yards is not liable for any losses or damages that may result from such delays or failures. By using the payment processing system provided by the House of Yards, the landscaper acknowledges and agrees to the terms of this service agreement and releases the House of Yards from any liability related to the collection of payments from Stripe.com.

25. DISCLAIMER OF LIABILITY FOR DELAYS, MISSING OR DELETED MESSAGES OR EMAILS

House of Yards shall not be liable for any delays, missing, or deleted messages or emails delivered on behalf of the customer in connection with the use of House of Yards. The Customer agrees that House of Yards shall not be responsible for any loss of revenue or profits, or any other damages or losses suffered by the customer as a result of any delays, missing, or deleted messages or emails.

26. Marketing Communication Disclosure

We may occasionally send marketing information, emails, and content to our customers. By using our services, you acknowledge and agree to receive such communications from us. These communications may include promotional offers, product updates, newsletters, and other information that we believe may be of interest to you. Please note that you may opt out of receiving these communications at any time by using the unsubscribe link provided in the email or contacting our customer support team. However, please be aware that opting out of marketing communications may limit your access to certain features or promotions offered by our services.

Gigconcept Inc.

2820 S Alma School Road

STE 18233

Chandler. AZ 85286