Terms and Conditions
ENTERING THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER THE SITE.
Welcome to the Dreambly website (the "Site").
The Site, as well as the websites of our affiliates and subsidiaries, is currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms “Dreambly”, "we", "us", and "our" refer to TruGreen Products, LLC and its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any of our interactive services. 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.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. Much of the content found on this site is owned by third party providers and distributors and, specifically, certain data relating to schedules is the copyrighted work of Standard Behavior Inc. and other information providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Dreambly, its affiliates, and various third parties.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
DREAMBLY and other marks indicated on the Site are trademarks or service marks of Dreambly. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Dreambly. Dreambly's trademarks and trade dress may not be used in connection with any product or service that is not Dreambly's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dreambly. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, or sponsored by Dreambly.
Intellectual Property Infringement
Dreambly may rely upon a network of independent Associates and vendors who supply some of the goods and services advertised on the site, and Dreambly is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by its Associates. If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to Dreambly's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
Dreambly c/o Wagner Law Group
110 SE 6th Street
Fort Lauderdale, FL 33301
Dreambly grants you a limited, non-transferable license to use the Site in accordance with the terms and conditions contained herein.
You may not download (other than page caching) or modify the Site or any portion of it, without our express, written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, robots, any other automatic device, program, algorithm, methodology, manual process or similar data gathering and extraction tools for the purposes of monitoring or copying any of the Web pages, data or content found on this site, in any case without the prior written permission of Dreambly. You agree that you will not in any way interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that Dreambly determines, in its sole discretion, creates unreasonable inefficiencies within the Site and/or places an undue burden or load on the infrastructure or operation of the Site. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dreambly or its affiliates without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent.
If you use the Site, you are responsible for maintaining the confidentiality of your Account Name and password (“login information”) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your login information. You understand that you are financially responsible for all uses of this site by you and those using your login information. Our affiliates and we reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
All products are shipped via USPS, UPS or FedEx and is generally received 3-5 business after placing the order. After the customer’s order is placed, for their convenience they will receive an “Order Confirmation” email outlining their order, with purchase details, shipping estimates and delivery details. Once the order is shipped, the customer will receive another email with their shipping and tracking details while the order is in transit.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We are not responsible for the content of any sites that may be linked to or from www.Dreambly.com or any site associated with Dreambly. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from Dreambly, and Dreambly has no control over the content of that other website. In addition, a link to any other web site does not imply that Dreambly endorses or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Dreambly of that third party or of any product or service provided by a third party.
Disclaimers and Limitations of Liability
The Site is provided on an "AS IS," "as available" basis. Neither Dreambly, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free. Neither Dreambly, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. Dreambly specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Dreambly or its Associates shall create a warranty. You expressly agree that the use of the Site is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL DREAMBLY OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE FOR RESERVATIONS OR TICKETING), OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DREAMBLY RECORDS, PROGRAMS OR SERVICES OR ON ACCOUNT OF YOUR ACCESS TO, OR BROWSING OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY EVEN IF AN AUTHORIZED REPRESENTATIVE OF DREAMBLY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Although we take steps to ensure the accuracy and completeness of product and third-party services that are posted on the Site, please refer to the service provider for details.
You shall defend and indemnify Dreambly and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable accounting and attorney’s fees, brought by or on your behalf or by third parties as a result of your use of the Site, your purchase or use of any products or services from the Site.
You agree to use Dreambly only for approved and lawful purposes. You are prohibited from posting on or transmitting through Dreambly any material that contains a virus or other item harmful to the Site. You are prohibited from posting on or transmitting through Dreambly any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), Dreambly may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Dreambly; or (iii) to protect the rights or property of Dreambly, its Associates, and you. We reserve the right to monitor, review and prohibit conduct, communication, or Content that it deems in its sole discretion to be unlawful or harmful to you, Dreambly, the communities that make up Dreambly, or any rights of Dreambly or any third party. By using the Site you agree and consent to the monitoring of any information you provide or submit to or through the Site, and that such information may be examined, recorded or copied for the purposes set forth herein.
Notwithstanding the foregoing, neither Dreambly nor its Associates can ensure prompt removal of questionable Content after online posting.
Accordingly, neither Dreambly, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Associates assumes any liability for any action or inaction with respect to conduct, communication, or Content on Dreambly.
You agree that you shall be solely liable for any damages resulting from your use of the Site, including but not limited to any infringement of copyright, trademark, or other proprietary right. You may not assign, convey, subcontract or delegate your rights, duties or obligations contained herein.
You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Dreambly and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Associates, or Dreambly. In addition, we reserve the right to refuse an order from any customer at our sole discretion. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Dreambly and its third party providers or distributors, as applicable.
Usage by Children Under 18
Persons under the age of 18 are prohibited from using the site, except as set forth below. We cannot determine if minors visit the Site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
By visiting the Site, you agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Dreambly or its affiliates and subsidiaries. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
Subject to the arbitration provision below, any such claim or cause of action must be prosecuted in the state or federal courts located in Salt Lake County, Utah.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate Dreambly's intellectual property rights, Dreambly may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You acknowledge that a violation or attempted violation of any of these terms and conditions will cause such damage to Dreambly as will be irreparable, the exact amount of which would be difficult to ascertain, and for which there will be no adequate remedy at law. Accordingly, you agree that Dreambly shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Dreambly in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Site Policies, Modification and Severability
Please review our other policies, such as our Privacy and Security Policy, posted on the Site. Additional terms and conditions may apply to reservations, cancellations, returns, purchases of goods and services and other uses of portions of the Site and you agree to abide by such other terms and conditions. These policies also govern your visit to Dreambly. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. 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.
The relationship between Dreambly and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.