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Welcome to GPLAWN.COM For ease of reading we will refer to ourselves as we, us and our The following pages contain our Terms and Conditions of use of our site. Yes, this is the legal mumbo-jumbo. We’ve tried to make them readable, but we have to put this stuff in here. But PLEASE, feel free to call us at (877) 612-3535 if you have any questions about anything in these Terms and Conditions.
Terms of Use
GPLAWN.COM (we, us and our) developed and maintains our website (the Site) and currently allows access to the Site free-of-charge to users who agree to abide by the terms and conditions of this Agreement. We operate our website and do business in the State of Minnesota, County of Scott. By doing business with us you agree that all disputes, regardless of whether we are the plaintiff or defendant will be settled in a court of competent jurisdiction for the County of Scott.
We reserve the right to change the nature of this relationship at any time, and to revise these guidelines and Terms and Conditions from time to time as we deem necessary. Any user that violates the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services that we offer.
You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms of Use.
Who May Use Our Website
We encourage all person over the age of eighteen to enjoy the Site and we do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 18 should use the Site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.
Check Orders
Check orders are only shipped after the check clears. Please allow seven-business days after we receive your check for your shipment to take place. Please note we charge either $25 or the maximum allowable by law for all dishonored checks.
Our Advertising Partners
For some products that we offer we have teamed up with leading companies to bring you quality services and products. Our reference to them as an Advertising Partner does not mean that we are partners with these companies in the legal sense, merely that we are working with them to offer products and services to you.
All companies that we feature on our site are solely responsible for their own obligations to you and while we are not legally responsible for their obligations, be assured that we will always assist you in dealing with them should any issues arise.
Electronic Markers – (Cookies)
Cookies are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure servers) that may be placed in your hard drive once you have accessed our site. We use cookies to enhance your shopping experience with us. The Cookies are used to keep track of your shopping cart and if you have become a member will remember your password so you do not have to re-enter it each time you visit the Site. (Note – when we say password we mean your password to our membership site, NOT to your computer or e-mail account). To learn more about how we protect customer information, please review our Privacy Statement.
Restrictions on Use of Copyrights and Trademarks
This Site and all materials on the Site, including, but not limited to the sales copy, navigational aids, images, illustrations, and logos are either our or our affiliates and licensors property and are protected from unauthorized copying and distribution by copyright law, trademark law, international conventions and other intellectual property laws. If you desire to use these properties, you must obtain our written consent prior to your use.
Intellectual Property
This Site contains trademarks and service marks owned by Systematic Rain Inc DBA:Gplawn and certain third parties. All marks are the property of their respective owners. This Site, including all the information contained herein, is protected by copyright law. All rights in the intellectual property contained in this Site including copyright, trademarks, trade secret and patent rights, whether or not protected by federal or state registrations, are reserved. Access to this Site does not constitute a right to use any of the intellectual property of Gplawn or its suppliers. You agree that any copy of the content of the Site must include Gplawn's copyright notice and shall be for your private use only. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. Statutory notice contained herein represents intellectual property status in the United States.
Disclaimer About Links We Offer to Other Sites
We do not control any of the sites that may be linked to from the Site and therefore we are not responsible for the content of any sites that may be linked to the Site. These links are here only as a convenience to you and you access them at your own risk. In addition, we do not expressly endorse any product or service merely by virtue of having a link to their site.
Hypertext Links
As a convenience to you, this Site may be linked to other sites which are owned, operated and maintained by other entities. If you use these links you will leave this Site. If you visit a linked site, you do so at your own risk and it is your responsibility to take all protective measures necessary to guard against viruses or other destructive elements which may be present at such linked site. Gplawn disclaims any liability for links: (i) from another Web site to Gplawn's Site; and (ii) to another Web site from Gplawn's Site. Gplawn is not responsible for the content of those linked sites and makes no representations or warranties as to the accuracy or completeness of such site's content.
Your Privacy Rights – How We Protect Your Information
We are very concerned about privacy matters for our customers and have a separate section of our website devoted entirely to our policy regarding protecting your policy. Please review our Privacy Statement. By using our website you are also agreeing to abide by our Privacy Policy.
Taxes
Prices on the website do not include sales tax or any other customs duties, use, value added, excise, federal, state, local or other taxes. Minnesota residents will be charged sales tax, but all other such duties or taxes shall be paid by you, or, in lieu thereof, customer shall provide us with an appropriate tax exemption certificate.
Terms of Limited Warranty
Our 30 day RISK FREE Guarantee, we at Gplawn.com warrant to the original customer purchasing such products directly from Gplawn that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. We have to limit any claim under this warranty to the customer who purchased such product and only while such customer owns such product. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Gplawn.com. Any claim with respect to such products where the purchaser seeks a refund of the purchase price must be made 30 days from the original date of shipment by Gplawn.com. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Minnesota.
Limitations
OTHER THAN THE TERMS OF THE LIMITED WARRANTY SET FORTH IMMEDIATELY ABOVE WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND WE DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Return Procedures
If you need to return any product(s) purchased from Gplawn.com then you must FIRST obtain a Return Merchandise Authorization (RMA) number by contacting customer service at Sales@gplawn.com. This is a simple process and is described fully in the return merchandise section.
Manner of Refunds
Unless specifically requested and authorized by us, refunds will be issued in the same manner as payment was received.
Undelivered Products
We understand that you want to get your order a quickly as possible, but unfortunately sometimes there is a delay caused by the carrier used to deliver products. Because of this we have a 14-business-day waiting period before any product will be resent.
Assignment
Customer may not assign its rights or obligations hereunder without the express prior written consent of Gplawn.com
The Foregoing Represents the Entire Agreement
These terms and conditions constitute the entire agreement between Gplawn.com and the customer regarding any sale these terms expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY Gplawn.com, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Gplawn.com. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
Severability of Sections
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Dispute Resolution
These Terms of Use constitute the entire agreement between Gplawn.com and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the cause of action arises.
As a participate in BBBOnLine Reliability, we as a company have pledged to offer dispute resolution through the BBB or another dispute resolution provider that meets BBB standards.
The following is an outline of the agreements we and all other BBBOnline Reliability members have pledged to:
BBBOnLine Reliability participants agree to the following:
"To agree to participate in binding arbitration under BBB Rules of Arbitration (Binding) if the consumer also agrees, or in non-binding informal dispute settlement (IDS) under the BBB Rules for IDS for unresolved consumer complaints involving Participant's products or services. Alternatively, a company may pre-commit to a dispute settlement process through a provider other than the BBB, if the BBB determines the dispute settlement process substantially complies with BBB consumer dispute resolution criteria."
An explanation of the arbitration process and the BBB Rules of Arbitration (Binding) are at www.bbb.org/complaints/bindarb.asp.
Evaluating Whether Alternative Dispute Resolution Processes Meet BBB Standards
The BBBOnLine Reliability program requires a participant to commit to dispute resolution. Under Section 3, Standards, of the BBBOnLine Reliability Participant Agreement, the participant agrees as follows:
"To agree to participate in binding arbitration under BBB Rules of Arbitration (Binding) if the consumer also agrees, or in non-binding informal dispute settlement (IDS) under the BBB Rules for IDS for unresolved consumer complaints involving Participants products and services. Alternatively, Participant may pre-commit to a dispute settlement process through a provider other than the BBB, if the BBB determines the dispute settlement process substantially complies with Bureau consumer dispute resolution criteria."
What are the "BBB Criteria"?
For over 25 years, the BBB system has administered a consumer arbitration process that embodies a number of principles of fairness and equity. To determine whether a dispute settlement process other than the Better Business Bureau's substantially complies with Bureau consumer dispute resolution criteria, we consider the following:
Full disclosure of terms and conditions
The Better Business Bureau system believes some information is so critical in making marketplace decisions that it must be provided at the point where purchasing decisions are made. Accordingly, pre-dispute, binding arbitration clauses must clearly and simply:
Identify the types of disputes that are covered by the arbitration clause, which may not include claims for criminal or statutory violations.
Identify the arbitration forum and provide contact information for the forum that can be used to obtain additional information about the forum.
Clearly disclose the nature and amount of any fees consumers may have to pay in connection with the filing or administration of their case.
Identify the standard that will be used as the basis for the arbitrator's decision (e.g. application of law or fairness).
Advise consumers that the clause affects important legal rights, and that the consumer will not be able to go to court for disputes covered by the clause if the consumer signs the arbitration clause.
Requirement that consumer separately sign arbitration clause:
In order to ensure that the consumer has knowingly chosen arbitration as the method of resolving disputes covered by the arbitration clause, binding arbitration clauses must contain the following:
A separate signature line, appearing immediately below the arbitration clause, for the consumer to sign to acknowledge acceptance of the terms of the arbitration clause; and,
A statement that the consumer will not be bound by the terms of the clause unless the consumer signs on the signature line.
The dispute resolution provider must provide for fair and impartial resolution. Here are some (but not necessarily all) of the key standards we look for in a dispute resolution process:
The program provides independent and impartial program administration. Program administrators should be sufficiently insulated from all parties. At a minimum, this shall include program administrators that are independent and do not perform any conflicting responsibilities for any party.
Program rules provide for independent and impartial decision-makers. The program should screen out any situations where there is an actual conflict of interest between the arbitrator and any party, or where reasonable persons could find that there is an appearance of conflict of interest between the arbitrator and any party.
Program rules provide for a due process hearing. The program rules should provide for a process that permits all parties to submit relevant evidence and permits all parties to be informed of and have an opportunity to rebut any evidence presented by an opposing party.
The costs for participation in the program are reasonable. This will require an analysis of the program's administrative costs and arbitrator fees paid by the consumer as well as consideration of any travel costs that would have to be paid by the consumer in order to participate in the program. The costs should be analyzed in relation to the amount of money in dispute.
The program meets any applicable federal and/or state regulations. For dispute resolution processes that are incorporated into a written warranty for consumer products, for example, the program would have to comply with regulations set out in 16 C.F.R., Part 703. Since that federal regulation requires annual audits to determine such compliance, these should be reviewed.
The company agrees to provide the BBB with appropriate feedback. A BBB member company using an alternate mechanism should voluntarily provide the BBB with case documents sufficient for the BBB to determine that the matter has been appropriately closed and that the process is operating consistent with its stated program rules and procedures.
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