Last Updated: August 19, 2021
Welcome to Lumberjack. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: contact@lmbrjack.com
Address: 7301 Ohms Lane, Suite 150, Minneapolis, MN 55439
These Terms of Use (the “Terms”) are a binding contract between you and Lumberjack Technologies Inc. (herein referred to as "Lumberjack", "we", "us", or "our"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. Please read these Terms carefully. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.lmbrjack.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
STANDARD TERMS
YOUR ACCOUNT
In order to create and use an account for your property with Lumberjack, you must be 18 years of age or older and have the explicit or implicit consent of the property owners to request services that are offered through our site to be performed on the property.
You agree to provide us with and maintain accurate contact, property, and payment information on your account. By consenting to this agreement, you agree to allow Lumberjack to contact you using the information you have provided for purposes including, but not limited to: informing you about updates made to your account, informing you about services you have requested, and sending marketing, sales or other types of promotional material promoting services that are available through our platform.
You may edit, modify, or cancel your account for any reason at any time. Per the terms of this agreement, if there are any outstanding jobs on your account, you may be charged a cancellation fee in conjunction with cancelling or modifying your account. An outstanding job is defined as a service offering that has been accepted by a user but has not started, not been completed, or has been completed but not yet paid in full. Any completed jobs linked to your account must be paid in full before cancelling your account. The cancellation fee may include the total aggregate charge of all expected jobs for the service offer that have not yet been performed. The cancellation fee may also include the value of any parts, labor, or materials that were used or purchased in preparation for the service to be performed.
For purposes of maintaining accurate business records to comply with local, state, and/or federal laws, Lumberjack may retain part or all of your account information after you have cancelled your account. Account information includes any information that you have provided to Lumberjack at any point during your use of its platform, including information that you submit while making quote requests.
You agree to not engage in any activities that are prohibited by local, state, and/or federal laws while using your Lumberjack account. Lumberjack, in its sole discretion, reserves the right to suspend your account for any reason at any time.
REQUESTING AND ACCEPTING SERVICES
By creating an account, you agree to allow us to send details of your property information and any quote requests to third-party service providers. If you choose to accept an offer made by a service provider in response to a quote request you issued, you agree to allow us to charge your credit card upon successful completion of the service or based on the payment and billing schedule that was specified in the offer. Lumberjack allows our contracted service providers to make offers for services on properties that may or may not have an account attached to them, or to properties for which the account owner did not specifically request a quote for services. These types of offers will be made leveraging only publicly available information on the property.
For some types of quote requests, Lumberjack will use your service preferences to find a single service provider for your request, at which point you may accept or reject any offer for services that is made. For other types of quote requests, Lumberjack may present you with offers from multiple providers before allowing you to make a final decision on the service provider and price.
Lumberjack does not guarantee that it will be able to connect you with a service provider given the service requirements you specified. These service requirements may include, but are not limited to: your home address, service type, service customizations, additional requests or upgrades, service dates and times, requested service providers, the billing and/or payment plan, and price limits.
We require all service providers, including any additional providers you recommend to us, to pass our credentialing process prior to allowing them to begin performing services for your property. We reserve the right to show you offers from service providers who are not fully credentialed at the time the offer is made, but whom we reasonably believe will be credentialed prior to performing services for an offer that you accept.
You acknowledge the risk of hiring third-party service providers and their employees, contractors, or affiliates to perform physical labor, operate fixed or rotating machinery, and spread chemicals on your property. You understand that you may be liable for damages, injuries, or deaths found to be caused wholly or in part by your actions. You agree to maintain sufficient liability coverage for the duration of services you requested through our platform, which may be satisfied by a homeowners insurance policy, renter's insurance policy, or ample financial reserves.
You agree to maintain your property in a safe and acceptable condition for the services you are requesting to be performed. Examples of this include, but are not limited to:
● Cleaning up pet feces from areas where work is to be performed.
● Removing objects that may impede work being performed or endanger those individuals and the equipment performing the work. These objects may include lawn furniture, household tools, leashes, portable sprinklers, hoses, or toys.
● Allowing timely access to locked and/or gated areas, where appropriate.
● Appropriately marking hidden objects and/or obstacles that may damage or be damaged by equipment used by a third-party service provider. Objects of this type may include sprinkler heads, irrigation lines, invisible fences, and embedded landscape lighting.
A service provider may cancel the services scheduled to be performed in cases where you have failed to comply with the conditions above. Furthermore, Lumberjack reserves the right to charge your credit card on file for the original agreed upon amount of the services that were scheduled to be performed.
Certain weather and environmental conditions may make it unsafe or inadvisable to perform the service you accepted at the original date and time specified. Examples of these conditions include, but are not limited to: lightning, gusty winds, excessive rainfall, ice, hail, snow, sleet, darkness, muddy terrain and excessively dry vegetation. In these cases, you agree to work in good faith with the originally scheduled service provider to find a reasonable and suitable alternative service schedule. Applicable services may be rescheduled or cancelled without penalty. Recurring services paid on a prepaid or at-risk basis will generally not be refunded.
You may edit, modify, or cancel outstanding jobs for any reason at any time. An outstanding job is defined as a service offering that has been accepted by a user but has not started, not been completed, or has been completed but not yet paid in full. You may be charged a cancellation fee in conjunction with cancelling any outstanding or completed jobs that you have previously accepted. Any completed jobs linked to your account must be paid in full before cancelling your account. The cancellation fee may include the total aggregate charge of all expected jobs for the service offer that have not yet been performed. The cancellation fee may also include the value of any parts, labor, or materials that were used or purchased in preparation for the service to be performed.
You agree to pay in full any job that has been successfully completed, and you agree to allow us to pursue all reasonable means to collect for services that have been completed but have not yet been paid in full, or to collect for services that were modified or cancelled and have been assessed a fee as specified above.
DISPUTES
Lumberjack acknowledges that disputes may occasionally arise between you and a third-party service provider. In the event a dispute regarding an interaction related to the Lumberjack’s platform cannot be resolved independently, you agree, at Lumberjack’s request, to participate in good faith in a neutral resolution or mediation conducted by Lumberjack or a neutral third-party mediator or arbitrator selected by Lumberjack. You acknowledge and agree that Lumberjack is under no obligation to become involved in or impose resolution in any dispute between you and any third-party.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Lumberjack’s platform, and any contact that you have with third-party service providers that you have been connected with due to the platform, remains with you.
PROHIBITED ACTIVITIES
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium; (ii) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) collecting or harvesting any personally identifiable information, including Account names, from the Service; (vi) using the Service for any other commercial solicitation purposes; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (viii) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (ix) bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict the use or copying of any content, or enforce limitations on use of the Service or the content therein.
LUMBERJACK SERVICE
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your use only. Lumberjack reserves all rights not expressly granted herein in the Service and the Lumberjack Content (as defined below). Lumberjack may terminate this license at any time for any reason or no reason.
LICENSE GRANT
Lumberjack hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Lumberjack Software on one mobile device owned or leased solely by you, for your use.
RESTRICTIONS
You may not: (i) modify, disassemble, decompile, or reverse engineer the Lumberjack Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Lumberjack Software to any third party or use the Lumberjack Software to provide time sharing or similar services for any third party; (iii) make any copies of the Lumberjack Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Lumberjack Software, features that prevent or restrict use or copying of any content accessible through the Lumberjack Software, or features that enforce limitations on use of the Lumberjack Software; or (v) delete the copyright and other proprietary rights notices on the Lumberjack Software.
RIGHTS RESERVED
The foregoing license grant is not a sale of the Lumberjack Software or any copy thereof, and Lumberjack or its third party partners or suppliers retain all right, title, and interest in the Lumberjack Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Lumberjack reserves all rights not expressly granted under this Agreement.
USER CONTENT
We may, in our sole discretion, use or permit you to post, upload, publish, submit or transmit content through the Services such as photographs of your property, reviews, feedback, and descriptions of you, your property, or services performed on your property through the app. By making available any content on or through the Services, or through Lumberjack promotional campaigns, you grant Lumberjack a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services.
OUR PROPRIETARY RIGHTS
The Service and all materials related therein or transferred thereby (the "Lumberjack Content"), and all intellectual property rights related thereto, are the exclusive property of Lumberjack and its licensors. Nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Service. Use of the Lumberjack Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
OTHER ITEMS
INDEMNITY
You agree to defend, indemnify, and hold harmless Lumberjack and its agents, licensors, managers, employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code; or (v) the work performed related to any Service or service provided or claims made by a contractor related to their work or damage to their equipment or injuries to persons or property related or resulting from your use of the Service.
NO WARRANTY
THE SERVICE AND ANY CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUMBERJACK OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LUMBERJACK AND ITS LICENSORS DO NOT WARRANT THAT THE LUMBERJACK CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE OR ANY RESERVATION WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMBERJACK, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY RESERVATION. UNDER NO CIRCUMSTANCES WILL LUMBERJACK BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMBERJACK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LUMBERJACK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (a) THE AMOUNTS PAID BY Lumberjack TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (b) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUMBERJACK AND YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LUMBERJACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NO ASSIGNMENT
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lumberjack without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
GENERAL
TERMINATION
You may terminate your participation in the Service at any time, for any reason, upon receipt by us of your written or email notice of termination. We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
GOVERNING LAW
You agree that: (i) the Service shall be deemed solely based in Minnesota; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Lumberjack, either specific or general, in jurisdictions other than Minnesota. This Agreement shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in Hennepin County, Minnesota or the United States District Court for the District of Minnesota.
ENTIRE AGREEMENT / SEVERABILITY
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Lumberjack via the Service, shall constitute the entire agreement between you and Lumberjack concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Lumberjack's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CLAIMS
You and Lumberjack agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.