SCOTTS LAWNSERVICE AUTOMATIC PAYMENT
TERMS OF SERVICE
Registration for Automatic Payments (EasyPay and MonthlyPay)
In order to use Scotts LawnService Automatic Payment service you are required to
complete the enrollment process by providing us with complete and accurate information
as prompted by the applicable enrollment form provided on the enrollment screen.
The enrollment form includes creation of a customer profile (including email address)
and providing account information for credit card (not debit card) that will be
charged for the services you will be receiving from Scotts LawnService. By completing
the enrollment form, you: i) authorize Scotts LawnService to display your statement
and payment information on a secured Internet page that requires access through
use of the password you create when establishing your Automatic Payment service
("Service Page"); ii) confirm your agreement with these Terms of Service; iii) represent
that you are authorized to provide the information on the enrollment form and that
it is accurate and up to date information; and iv) confirm that the credit card
you provide with enrollment is not a debit card. You are responsible for keeping
your correct and current email address information in your customer profile.
You agree to pay Scotts LawnService for all charges incurred under your Scotts LawnService
account, including all applicable taxes, fees and surcharges. By completing the
enrollment form, below, you authorize Scotts LawnService to charge your designated
credit card for charges for your Scotts LawnService and to retain information about
the payment. If Scotts LawnService does not receive payment from your designated
payment method, you agree to pay all amounts due upon demand by Scotts LawnService.
Termination/Cancellation of Automatic Payment Service
You may withdraw your consent to allowing Scotts LawnService to display your statement
and payment information on a Payment Page and to Scotts LawnService charging your
credit card for Scotts LawnService charges by managing your account on the Account
Your Responsibility For Use Of Automatic Payment Service
You are entirely responsible for maintaining the confidentiality of your password,
credit card information and Scotts LawnService account information. You agree to
keep confidential the password you create for your Automatic Payment service and
use of the Payment Page. You are entirely responsible for any and all activities
that occur under your Scotts LawnService Automatic Payment service account should
you fail to maintain this confidentiality. You agree to notify Scotts LawnService
immediately upon your discovery of unauthorized use of your Automatic Payment service
account. Scotts LawnService will not be responsible for any loss you may incur as
a result of someone else misusing your password, credit card information and Scotts
LawnService Automatic Payment service account either with or without your permission.
You may not use anyone else's account at any time without the permission of the
Change of Terms
Scotts LawnService reserves the right to change the Terms of Service for its Automatic
Payment service. You are responsible for regularly reviewing these terms and conditions.
Your continued use of Automatic Payment service after changes to these Terms of
Service constitutes your agreement to all such revised terms.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SCOTTS LAWNSERVICE AUTOMATIC PAYMENT SERVICES (THE "SERVICES") IS
AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS
AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, SCOTTS
LAWNSERVICE AND ITS SERVICE PROVIDER DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES
ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE
OR NEED. SCOTTS LAWNSERVICE PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS
AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES
OR LOCATIONS OF YOUR CHOOSING.
LIMITATION OF LIABILITY
SCOTTS LAWNSERVICE'S SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICES. THESE EXCLUSIONS
FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SCOTTS LAWNSERVICE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS
OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SCOTTS LAWNSERVICES'S LIABILITY
IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
General Legal Terms
These Terms of Service supersede all representations, agreements and other communications
regarding your use of the Scotts LawnService Automatic Payment services. Only Scotts
LawnService can amend these Terms of Service by posting the changes on the Payment
Page. If any term of these Terms of Service are found by a court of competent jurisdiction
to be invalid, illegal or unenforceable, the term shall be considered to be stricken
from these Terms of Service as if it had not been included from the beginning and
the remainder of the Terms of Service enforced according to its terms. You agree
that these Terms of Service is not intended to confer and does not confer any rights
or remedies from Scotts LawnService upon any person other than you.
The laws of the State of Ohio, excluding its conflicts-of-law rules, govern these
Terms of Service and your use of the Scotts LawnService Automatic Payment services.
You expressly agree that exclusive jurisdiction for any claim or dispute with Scotts
LawnService or relating in any way to your use of the Scotts LawnService Automatic
Payment service reside in the courts of Ohio and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of Ohio in connection
with any such dispute including any claim involving Scotts LawnService or the Scotts
LawnService Automatic Payment services or your account under such services.
Electronic Delivery Policy and Your Consent
By affirmatively signing up for Scotts LawnService Automatic Payment service, you
are also consenting to electronically receive from Scotts LawnService (or its service
provider) notices, agreements and all other legally required disclosures or other
information in connection with the Scotts LawnService Automatic Payment service
(collectively, "Notices"). You agree that Scotts LawnService (or its service provider)
generally can send you electronic Notices by (i) e-mail to the email address you
specify on the enrollment form, or a new email address you provide to Scotts LawnService
through the process specified in these terms, and/or (ii) by displaying your then
current statement and payment information on the Service Page.
All registrations, agreements, and terms will be completed electronically and will
be deemed for all legal purposes to be in writing and legally enforceable as a signed
The delivery of any Notice from Scotts LawnService (or its service provider) is
effective when sent by Scotts LawnService (or its service provider) or posted on
your Payment Page, regardless of whether you read the communication when you receive
it or it is posted. You may withdraw your consent to receive notices electronically
by managing your account on the Automatic Payment Account Management tab.
You should understand that if you choose to withdraw consent for electronic delivery
of Notices, Scotts LawnService will terminate your Automatic Payment service.
We don't just promise you'll be happy. We guarantee it.
We're always working to make sure you're happy. If something
unexpected happens to your lawn between full-program visits,
we'll be there within 48 hours to make it right.
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