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Terms of Use

Acceptance of the Terms of Use

These terms of use (“Terms” or “Agreement”) are entered into by and between You and BrightView HOA Connect (“BrightView”, “we” or “us”).  The following terms and conditions govern your access to and use of https://hoa.brightview.com (the “Site”), including any content, functionality and services offered on or through the Site, whether as a guest or a registered user.

Please read these Terms carefully before you start to use the Site.  By using the Site you accept and agree to be bound and abide by these Terms and our Privacy Notice, incorporated herein by reference.  If you do not want to agree to these Terms or the Privacy Notice, you must not access or use the Site.

The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories.  By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Site.

Definitions

BrightView HOA Connect:  Refers to the communication and collaboration website that connects HOA leadership personnel and residents to BrightView Landscapes for the purpose of sharing service needs, schedules, etc.  The applicable website is https://hoa.brightview.com.

BrightView Landscapes, LLC:  The legal entity that owns or manages the services offered on this Site.

By using the Site, You agree to the following:

1.         Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.  You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

2.         Agreement to Deal Electronically; Electronic Communications and Notices.

All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish.  If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us.  If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.

By clicking “Submit” on any step of a transaction within this Site, you agree to conduct such transaction by electronic means.  You understand that by clicking the box titled “I accept the Terms and Conditions,” you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means.  You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided.  You understand that electronically signed documents have the same legal effect as hard copies with ink signatures.  You understand that you may refuse to conduct other electronic transactions in the future.

Your transaction, if applicable, is subject to your acceptance of the Terms, which are agreed upon when you proceed with your transaction.  This Agreement is entered into on the date of submission of your request.  This Agreement supersedes any agreement with your Home Owner Association.  By making your service request and providing the information needed to process your service request, you acknowledge that you have read and understand the Terms and conditions contained herein.

Except as otherwise provided in these Terms, we will give you any notices regarding the Site by posting them on the Site.  You also authorize BrightView to send notices (including notice of subpoenas or other legal process, if any) via electronic mail.  You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you.  You must keep your email address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.

3.         Unauthorized Use of Your Password.

All instructions transmitted by or received from anyone presenting your password on the Site are binding to you.  You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority.  You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.  If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact BrightView immediately.  You can authorize BrightView to refuse to accept any further transactions initiated under that password on your behalf and BrightView will use commercially reasonable efforts to block such transactions.

4.         License to Use the Site.

License:  We hereby grant you a limited, revocable, non-transferable, non-sublicensable license, under the rights BrightView has in the Site’s content, to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement.  The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited.  As between you and BrightView, we retain all right, title, and interest in and to the Site.  Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited.  Subject to applicable law, BrightView reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.

The license in this Section 4 does not include permission to copy the design elements, “look and feel” or layout of the Site.  Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner.  Except as expressly provided in this Agreement, neither BrightView nor any third party has conferred upon you any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.

We do not guarantee uninterrupted or error-free operation of this Site or any portion thereof, but we will use reasonable efforts to maintain its operation and availability.  We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

Termination:  We may, at any time and without notice to you, disable any user name, password or other identifier, whether chosen by you or provided by us; terminate your access to the Site or block your access to the Site if:

  • We believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person;
  • Requested by law enforcement or other government agencies; or
  • Your account has extended periods of inactivity.

5.         Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Content”), are owned by BrightView, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  All rights not expressly granted are reserved by BrightView, its affiliates, and its partners.

These Terms permit you to use the Site for your personal, non-commercial use only.  You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, digitize, translate, distribute, commercially exploit, store or transmit any of the material on our Site, except as follows:

If we provide social media features with certain Content, you may take such actions as are enabled by such features.  Without BrightView’s express written permission, You must not:

  • Modify copies of any Content;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from Content; and
  • You must not access or use for any commercial purposes any part of the Site or any services or Content available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by BrightView.  Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

6.         Trademarks

The BrightView name, the terms Brickman, ValleyCrest and BrightView, the BrightView logo and all related names, logos, product and service names, designs and slogans are trademarks of the BrightView or its affiliates or licensors.  You must not use such marks without the prior written permission of the BrightView.  All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

7.         Submission of Comments; Prohibited Content and Conduct.

Any comments or information that you provide to BrightView, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed “Submissions”.  None of the Submissions will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure (including publication in any medium) of any Submissions.  You hereby grant us a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed.  Without limiting the foregoing, we will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.  Further, we may sublicense these rights to third parties.  We reserve the right to disclose any information concerning your use of this Site to the extent required by law or judicial or government order.  From time-to-time this Site may request information through the use of forms.  Use of such forms is completely voluntary.  Information requested may include, but is not limited to, contact information, demographic information and/or opinions.

Under no circumstance are we responsible for any Submission to the Site or for the content of that Submission, nor shall we be held liable for any of the claims made therein.  We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.

You must not do or attempt to do any of the following, as reasonably determined by us, subject to applicable law:

Post to the Site or provide any Submissions that is or appears to be the following:

  • untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or discriminatory or otherwise objectionable; any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law;
  • infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
  • of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
  • unsolicited, undisclosed or unauthorized advertising;
  • 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; harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient;
  • data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
  • in violation of any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or that constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Term;
  • access, tamper with, or use services or areas of the Site that you are not authorized to access;
  • alter information on or obtained from the Site;
  • tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
  • use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
  • frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
  • impersonate or misrepresent your affiliation with any person or entity;
  • reverse engineer any licensed software, application, or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site; or
  • take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

8.         Your Representations and Warranties.

You represent and warrant for the benefit of BrightView and BrightView’s licensors and suppliers that:

  • you are at least 18 years of age;
  • all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
  • you will keep your registration information current;
  • you will be responsible for all use of your password even if such use was conducted without your authority or permission; and
  • you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

9.         Privacy Policy

We hold the protection of client information to be very important.  As part of your use of the Site, you may provide us with personal information such as your name, business name and mailing address, telephone number, fax number, and e-mail address that will permit us to identify you.  We will use all other personal information we collect from you only for purposes appropriate for conducting our business, including using it on other third party sites, providing the ratings and reviews you submit to third parties, follow up on services provided, sending announcements on new features, events, products or services, creation of a client database, audits, reporting requirements, and for other activities related to business administration, marketing, research, product development, or improving the quality of our services and products.

Information about you will be collected from the following sources:

  • Information received from you on online applications, print applications, or other forms; and
  • Information about your transactions with our Third Party Service Providers, their affiliates, or others.

The information collected may be disclosed, as described above, to our Service Providers, affiliates, or to companies that perform services or functions on their behalf.  These companies may include financial service providers and non-financial companies such as computer and data processing companies, and marketing and aftermarket service providers.  These companies will be contractually obligated to use the information only to provide the services requested of them.

You understand and agree that all information entered and transmitted through this Site (“User Content”) is the sole responsibility of the person from whom such User Content originated.  More specifically, you are entirely responsible for all User Content you make available herein. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself as you may be prompted to provide, and (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided for use on the Site.

BrightView will take commercially reasonable measures to safeguard your information.  However, as effective as any security measure implemented by BrightView may be, no security system is impenetrable.  BrightView cannot guarantee the complete security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.  If you do not want BrightView, your Home Owners Association or our Service Providers to know any particular information about you, you should not include that information in anything you submit or post to this Site.  Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering services.

10.       Children

Nothing on this Site is intended to specifically solicit information from minors (people under eighteen (18) years old) or to seek to determine whether the visitor is a minor.  If you are under eighteen (18), you are not permitted to submit to us any personally identifiable information, such as your name, address, email address, telephone number or any other information that would permit us to identify you.  Anyone under 18 who wants to obtain any service from BrightView or otherwise submit any personally identifiable information to us should ask a parent or guardian to do it in his/her own name.  Because such information will not be specifically identified as being from minors, users of this Site should be aware that personally identifiable information submitted to it by minors may be treated in the same manner as information given by an adult.

11.       Geographic Restrictions

The owner of the Site is based in the state of Maryland in the United States.  We provide this Site for use only by persons located in the United States.  We make no claims that the Site or Content is accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12.       IP Address

An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web.  In other words, an IP address is a number that is automatically assigned to a computer whenever someone is surfing the Web, allowing Web servers to locate and identify a computer.  Computers require IP addresses in order for users to communicate on the internet.  We use IP addresses to analyze trends, administer the website, track user movement, and gather broad demographic information for aggregate use.

13.       Cookies

Cookies are small strings of text that websites can send to your browser.  They help a website determine that a user has visited the website previously; as a result, the cookie helps the website save and remember any preferences that may have been set while the user was browsing the website.  Cookies cannot retrieve any data from a hard drive or obtain an email address.

14.       Indemnity

14.1     You agree to defend, indemnify and hold harmless BrightView, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement or any law.  We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.

14.2     We will not be liable for performance of services where delayed by war, riot, embargoes, strikes, or acts of our vendors and suppliers, concealed acts of workmen (whether ours or others), or accidents.  The indemnification provided for in this article shall survive any termination of this Agreement.  You declare the following:

a.         That all representations and statements made by you or on your behalf in this agreement, or in any other document relating hereto, are true, accurate and complete in all material respects.

b.         Where applicable and appropriate, you agree to maintain and promptly update your registration information to keep it true, accurate, current and complete.

c.         Failure to provide or maintain accurate and current data that is being passed to and from you will result in breach even if we have been advised of the possibility thereof.

14.3     We reserve the right to suspend or terminate any account or transaction from you if you provide us with information that is untrue, inaccurate, not current or incomplete.  You agree that our services shall only be used for lawful purposes.  Any transaction or transmission which violates federal, state or local laws is expressly prohibited. 

14.4     Any claim or legal action arising out of disputes, failures, misrepresentations, malfunctions, or defects shall be waived and in no event shall our liability exceed the total amount in convenience fees you paid to us hereunder.

14.5     You agree, as a company and/or as an individual, to defend, indemnify, and hold us harmless from any and all claims resulting from your use of any services contemplated under this agreement, which cause damage to you or any other party.  We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accident, illegal or fraudulent means or devices.

15.       DISCLAIMERS OF WARRANTIES.

BRIGHTVIEW PROVIDES THE SITE “AS IS” AND “AS AVAILABLE”.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE.  IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.  LATITUDE AND LONGITUDE CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND.

16.       Links to Third Party Sites.

As a convenience, we may provide links to third-party websites from the Site.  We are not responsible for and do not endorse the informational content or any products or services available on any third-party website and do not make any representations regarding its content or accuracy.  We take no responsibility and assume no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained on such sites.  We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-BrightView websites.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.  This means that we are not your agent and will not be a party to any contract you enter on such third-party sites.  Please be aware that we are not responsible for the privacy practices of such other websites.  We encourage you to be aware when leaving our Site of the privacy statements and terms & conditions of each website that collects personally identifiable information.

17.       WAIVER AND RELEASE OF LIABILITY

YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK.  To the fullest extent permitted by law you hereby waive and release us from any and all claims, losses, costs or damages of any nature whatsoever resulting from or in any way related to your use of this Site.  It is intended that this limitation apply to any and all liability or cause of action however alleged or arising.  We will not be liable to you for loss of profit or revenue, loss of business opportunity, loss of use, product liability, or for any incidental, special, indirect, punitive or consequential damages arising out of or in connection with your use of this Site.  The ratings and reviews posted on the Site are opinions and could be changed by a third party.  Third parties will have access to view any ratings and reviews that you post on this Site, and we are not liable for any actions or liability that may arise from such access.  We are not liable for the information contained in this Site that is posted by third parties, and no warranties arise from this service, including if the information is false.  This waiver and release shall apply to all claims, whether under the law of contract, equity, tort, strict liability or otherwise.

18.       Exclusive Remedy; Limitation on Liability.

IN NO EVENT WILL BRIGHTVIEW, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19.       Dispute Resolution.

Any controversy or claim arising out of or relating to the use of the services on this Site, the relationship resulting from the use of such services, or a breach of any duties hereunder will be settled by Arbitration in accordance with the American Arbitration Association (“AAA”).  All hearings will be held in Philadelphia, Pennsylvania before an Arbitrator who is a licensed attorney with at least 15 years of experience in commercial law.  A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction.  The Federal Arbitration Act (9 U.S. Code §1 et. seq.) shall govern all arbitration and confirmation proceedings.  As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them at AAA.  Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration.  The parties will share the cost of mediation equally and the costs for arbitration shall be paid by the unsuccessful party.  Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy.  Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute.  The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.

20.       Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21.       Miscellaneous; Entire Agreement.

21.1     Assignment

These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of BrightView.  Any attempt by you to assign, transfer or delegate these Terms without the express written permission of BrightView will be null and void.  We have the right to transfer, assign and delegate these Terms to one or more third parties without your permission.

21.2     Entire Agreement

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect.  The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and us with respect to the Site and supersedes all other prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us regarding the Site and/or any order you place through it.

21.3     No Waiver

The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.  We suggest that you print out a copy of these Terms for your records.

22.       Change Information

Requests to change your personally identifiable information may be submitted using the contact information below.  We may send email regarding our services. If you wish to discontinue such communications, follow the directions contained in the email to remove a name from our mailing list. 

23.       Governing Law; Forum and Venue Selection

Your access to this Site is governed by all applicable federal, state and local laws.  These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of law.  Any dispute between you and us regarding the content or use of this Site may be resolved by mediation, with hearings held in the English language in and shall not be joined with any dispute that any other person or entity may have with us.

You agree that any cause of action arising out of or relating to this agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Jurisdiction of any legal proceeding arising hereby shall be exclusively adjudicated in the state courts of Delaware or the United States District Court for the District of Delaware, United States of America.  Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

24.       Survival

Survival.  The following provisions of this Agreement shall survive the termination of your access to the Site:  Intellectual Property Rights, Limitation of Liability, Indemnification and Disclaimer.

25.       Contact Us

For questions or concerns about the use of personal information or about these Terms, please contact brightviewsupport@brightview.com or by phone at 240.683.2000.

The Site is operated by BrightView Landscapes, LLC at 401 Plymouth Road, Plymouth Meeting, Pennsylvania 19462.