NOTE: By clicking yes on your order form you are entering into a legal agreement and are accepting the terms as stated below for your contract with LandscaperVideo.com, a division of Visitivity Media.
Definitions
In these Terms and Conditions, the following terms have the following meanings:
“Video or web site” A service provided by Landscaper Video a division of Visitivity Media.
“Organizers” Visitivity Media including its representatives, agents and employees.
“Landscaper or Lawn Care Service Provider” Any company, firm or person who has purchased a Package and any agent, representative or employee of such company, firm or person.
“Package” A video or web site built to promote your business or service.
“Agreement” The page accompanying these Terms & Conditions, which indicates information including the Landscaper or Lawn Care Service Provider’s selected number of packages, package price, payment terms and acceptance signature.
“Agreement” The Contract form, together with these Terms and Conditions, are collectively referred to as the “Agreement”.
Agreement
Upon acceptance of the Landscaper or Lawn Care Service Provider by the Visitivity Media, an agreement relating to the Package purchased by the Landscaper or Lawn Care Service Provider will exist between the Visitivity Mediaand the Landscaper or Lawn Care Service Provider as set out in these terms and conditions (“Terms and Conditions”), subject to amendment herein (the “Agreement”). The Creative Circle Studios has the sole discretion to accept or reject Landscaper or Lawn Care Service Provider Contracts and acceptance by the Visitivity Mediais not effective until the Landscaper or Lawn Care Service provider contract is signed by both parties.
Licensor and Licensee
The Agreement creates no relationship between Landscaper and Lawn Care Service Provider and the Visitivity Media other than that of licensor and licensee. If Landscaper and Lawn Care Service Provider fails to pay any sum due or breaches any of these Terms and Conditions, Visitivity Media has the right to revoke the license without prejudice to the right to recover all sums due from the Landscaper or Lawn Care Service Provider, and any damages sustained by the Visitivity Media.
Reduction of Package
Where a Landscaper or Lawn Care Service Provider wishes to reduce the value of the Package after its acceptance, notification must be received in writing.
Indemnification
The Landscaper or Lawn Care Service Provider agrees to indemnify and hold the Visitivity Media and their agents harmless from all claims or liabilities (including reasonable attorneys’ fees and costs incurred in the enforcement of this Agreement) arising out of or relating to the Landscaper or Lawn Care Service Provider’s activities, the Package, and the performance of this Agreement. Neither the Visitivity Media maintain liability insurance with respect to claims by others against the Landscaper or Lawn Care Service Provider or with respect to the Landscaper or Lawn Care Service Provider’s property or persons in connection with the video or web site and the Sponsor agrees to obtain such liability insurance.
Non-Payment Action
If Landscaper or Lawn Care Service Provider fails to make full payment for their Video or Web site when due, then the Visitivity Media may bring suit against the Landscaper or Lawn Care Service Provider for non-payment, and Landscaper or Lawn Care Service Provider hereby submits to the jurisdiction of the courts of the State of New Jersey. The non-payment action will be governed in all respects in accordance with the laws of the State of New Jersey. In any non-payment action, in addition to the unpaid charges owed to Visitivity Media, Landscaper or Lawn Care Service Provider will be liable for interest at the rate of 18% per annum, and will pay the Creative Circle Studios’ LLC reasonable attorneys’ fees and costs for obtaining and enforcing a judgment.
Arbitration
Except for any non-payment action, any dispute or claim arising under or with respect to this Agreement will be resolved by arbitration in New Jersey before one arbitrator. The arbitration shall be governed by the American Arbitration Association rules. Judgment on the Award may be entered in any court having jurisdiction and shall be final and binding upon the parties. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
Governing Law
The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties, shall be governed by the laws of the State of New Jersey.
Severability
In the event that any provision of this Agreement is held to be illegal, invalid, void or unenforceable by a court of competent jurisdiction, the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the Visitivity Media and all of the remaining provisions of this Agreement shall remain in full force and effect.
Entire Agreement; Amendment and Waiver
These Terms and Conditions, together with the Landscaper or Lawn Care Service Provider Contract Form constitute the entire agreement between the Visitivity Media and the Landscaper and Lawn Care Service Providers regarding the Package and supersede all prior oral or written agreements of the parties. The Terms and Conditions and the Landscaper and Lawn Care Service Provider Contract Form may not be modified, changed, waived, altered or amended in whole or in part except by an agreement in writing signed by both parties.
Credit Cards
The Creative Circle Studios accepts American Express, VISA, and Mastercard.
NOTE: By clicking yes on your order form you are entering into a legal agreement and are accepting the terms as stated below for your contract with LandscaperVideo.com and Visitivity Media.