Terms of Service of MTS Tree Services
The services that MTS Tree Services provides to Users is subject to the following Terms of Service ("TOS"). MTS Tree Services reserves the right to update the TOU at any time without notice to User. The most current version of the TOS can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our Web pages.
This Agreement, which incorporates by reference other provisions applicable to use of the 'MTS Tree Services Website', including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained on 'MTS Tree Services Website', sets forth the terms and conditions that apply to use of 'MTS Tree Services Website' by User. By using MTS Tree Services (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use 'MTS Tree Services Website' is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
MTS Tree Services shall have the right at any time to change or discontinue any aspect or feature of 'MTS Tree Services Website', including, but not limited to, content, hours of availability, and equipment needed for access or use.
MTS Tree Services shall have the right at any time to change or modify the terms and conditions applicable to User's use of 'MTS Tree Services Website', or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on 'MTS Tree Services Website', or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of 'MTS Tree Services Website' by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Description of Services
Through its Web property, MTS Tree Services provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS.
User shall use the 'MTS Tree Services Website' for lawful purposes only. User shall not post or transmit through the 'MTS Tree Services Website' any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MTS Tree Services 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in MTS Tree Services's discretion restricts or inhibits any other User from using or enjoying the 'MTS Tree Services Website' will not be permitted. User shall not use the 'MTS Tree Services Website' to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with MTS Tree Services.
'MTS Tree Services Website' contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of 'MTS Tree Services Website' are copyrighted as a collective work under the Australian copyright laws. MTS Tree Services owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MTS Tree Services and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Deposit Payments and Refunds
Any and all deposits or part payments of any nature paid to MTS Tree Services are non-refundable. This includes deposits taken for services such as, but not limited to: tree removals, tree pruning, tree lopping, stump removal an arborist reports. MTS Tree Services accepts no liability for monetary losses incurred by forfeited deposits or part payments under any circumstances. All deposits become automatically forfeited should an individual or business using any services of MTS Tree Services fail to provide sufficient information, assets, or the directives required to complete any given project within a reasonable time period. MTS Tree Services is not responsible for the safekeeping or storage of any individual's or business's information.
Force Majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
Documents Available on This Website
MTS Tree Services or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind.
The documents and related graphics published on the MTS Tree Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. MTS Tree Services and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.