Please read these Terms of Service carefully before engaging J ZACH LAWN CARE for any mobile application development services.
Welcome to the official Terms of Service ("Terms," "Agreement") of J ZACH LAWN CARE LLC ("Company," "we," "us," "our"), a California limited liability company with its principal place of business at 2705 DE LA ROSA ST THE VILLAGES, FL 32162. Our Employer Identification Number (EIN) is 81-5357590. J ZACH LAWN CARE was founded in 2013 by Hiroshi Tanaka with the mission of delivering world-class custom mobile application development services for iOS and Android platforms.
These Terms of Service constitute a legally binding agreement between you ("Client," "you," "your") and J ZACH LAWN CARE LLC governing the provision and use of all services, products, deliverables, and related offerings provided by the Company. By engaging our services, submitting a project inquiry, signing a project proposal, making a payment, or otherwise interacting with J ZACH LAWN CARE LLC in a business capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "Client," "you," or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept this Agreement and may not engage our services.
We reserve the right to update, revise, or modify these Terms at any time. When material changes are made, we will update the "Last Updated" date at the top of this page and may notify existing clients via email at the address provided in their project agreement. Your continued use of our services following any such modifications constitutes your acceptance of the updated Terms. We encourage you to review this page periodically to stay informed about our terms and conditions.
For the purposes of this Agreement, the following terms shall have the meanings set forth below. These definitions apply throughout this document and in any supplementary project agreements, statements of work, or amendments executed between the parties.
J ZACH LAWN CARE LLC specializes in the design, development, testing, and deployment of custom mobile applications for the iOS (Apple) and Android (Google) platforms. Since our founding in 2013 by Hiroshi Tanaka, we have provided end-to-end mobile development solutions to businesses of all sizes, from early-stage startups to established enterprises. Our Services encompass a comprehensive range of capabilities designed to take your mobile application from concept to market.
Our core service offerings include, but are not limited to, the following:
The specific Services to be provided for each project will be detailed in a Project Agreement executed by both parties. J ZACH LAWN CARE LLC reserves the right to modify, expand, or discontinue any service offering at any time, provided that any changes will not materially affect active projects without prior written notice to the Client and, where applicable, mutual agreement on revised terms.
Prior to the commencement of any project, J ZACH LAWN CARE LLC will prepare a detailed Project Agreement (also referred to as a proposal or statement of work) that outlines the specific scope, objectives, deliverables, timeline, milestones, payment schedule, and any other terms particular to the engagement. The Project Agreement, together with these Terms of Service, constitutes the complete agreement between the parties with respect to the subject matter thereof.
Each Project Agreement will typically include the following components: (a) a description of the project objectives and goals; (b) a detailed specification of the Deliverables to be produced; (c) the project timeline, including estimated start and completion dates; (d) defined milestones and phases with associated acceptance criteria; (e) the total project cost and payment schedule, including any deposit requirements; (f) the roles and responsibilities of each party; (g) any specific technical requirements, platforms, or technologies to be used; and (h) any project-specific terms that supplement or, where expressly stated, modify these Terms of Service.
Project Agreements become binding upon execution by authorized representatives of both parties. Execution may occur through physical signatures, electronic signatures (which the parties agree shall have the same legal effect as handwritten signatures), or through other mutually agreed-upon methods of acceptance, such as email confirmation from an authorized representative accompanied by an initial payment. Any verbal discussions, preliminary estimates, or informal communications do not constitute a binding agreement unless and until formalized in a signed Project Agreement.
In the event of any conflict or inconsistency between these Terms of Service and a specific Project Agreement, the terms of the Project Agreement shall prevail with respect to the subject matter of that particular project, unless the Project Agreement expressly states otherwise. All provisions of these Terms not specifically addressed or contradicted by the Project Agreement shall remain in full force and effect.
The scope of work for each project shall be defined exclusively by the applicable Project Agreement. J ZACH LAWN CARE LLC will perform the Services with reasonable care and skill, in accordance with generally accepted industry standards and practices for custom mobile application development. We are committed to delivering Deliverables that materially conform to the specifications outlined in the agreed-upon Project Agreement.
The Client acknowledges that mobile application development is an iterative and evolving process. Should the Client desire changes, additions, or modifications to the scope of work after the Project Agreement has been executed ("Change Orders"), such requests must be submitted in writing to the Company. J ZACH LAWN CARE LLC will evaluate each Change Order request and provide the Client with a written assessment of the impact on the project timeline, budget, and Deliverables within five (5) business days of receipt.
No Change Order shall be effective or binding until a written Change Order document has been executed by authorized representatives of both parties. The Change Order document will specify: (a) the nature of the requested change; (b) the impact on the project schedule; (c) any additional costs associated with the change; (d) any modifications to existing Deliverables; and (e) the revised payment terms, if applicable. Work on the Change Order will not commence until the Client has approved the Change Order in writing and any required additional payments have been received.
J ZACH LAWN CARE LLC reserves the right to decline any Change Order request that, in our reasonable professional judgment, would compromise the quality, integrity, or security of the project, or that falls outside our areas of technical expertise. In such cases, we will provide the Client with an explanation and, where possible, recommend alternative approaches to achieve the Client's objectives within the established quality standards.
All fees, rates, and payment schedules for Services rendered by J ZACH LAWN CARE LLC shall be specified in the applicable Project Agreement. Unless otherwise stated in the Project Agreement, the following standard payment terms shall apply to all engagements. All prices are quoted and payable in United States Dollars (USD). Fees quoted in a Project Agreement are exclusive of any applicable taxes, duties, or government-imposed charges, which shall be the responsibility of the Client.
For fixed-price projects, the standard payment structure is as follows: (a) an initial deposit of thirty percent (30%) of the total project cost, due upon execution of the Project Agreement and prior to the commencement of work; (b) milestone-based payments as specified in the Project Agreement, typically aligned with the delivery of major project phases; and (c) a final payment of the remaining balance, due upon delivery of the final Deliverables and prior to the transfer of any source code or deployment of the application to production environments. For time-and-materials engagements, invoices will be issued on a bi-weekly or monthly basis, as specified in the Project Agreement, reflecting actual hours worked at the agreed-upon rates.
Payments may be made via wire transfer, ACH transfer, company check, or through approved online payment processors as specified in the invoice. All invoices are due and payable within fifteen (15) calendar days of the invoice date unless a different payment term is specified in the Project Agreement. The Client is responsible for all bank fees, wire transfer charges, or other transaction costs associated with making payments to the Company.
If any payment is not received by its due date, J ZACH LAWN CARE LLC reserves the right to: (a) charge a late fee of one and one-half percent (1.5%) per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less, accruing from the due date until the date of actual payment; (b) suspend all work on the project and any other active projects for the Client until all outstanding amounts are paid in full; and (c) withhold delivery of any Deliverables, source code, or other project materials until all amounts due have been received. The Client shall also be responsible for all reasonable costs of collection, including attorneys' fees and court costs, incurred by the Company in the event of non-payment.
Our refund policy is detailed in our separate Refund Policy page. In general, the initial project deposit is non-refundable once work has commenced, as it compensates J ZACH LAWN CARE LLC for resource allocation, scheduling commitments, and preliminary work performed. Refund eligibility for milestone payments will be evaluated on a case-by-case basis, taking into account the work completed, resources expended, and the circumstances of the request. Please review our full Refund Policy for complete details.
The ownership and licensing of intellectual property created during the course of a project is a critical component of the working relationship between J ZACH LAWN CARE LLC and its Clients. The following provisions govern intellectual property rights unless expressly modified by a Project Agreement.
The Client retains all right, title, and interest in and to any materials, content, data, trademarks, logos, branding elements, trade secrets, and other intellectual property provided by the Client to J ZACH LAWN CARE LLC for use in the project ("Client Materials"). The Client grants the Company a non-exclusive, non-transferable, limited license to use the Client Materials solely for the purpose of performing the Services during the term of the applicable Project Agreement.
Subject to full and final payment of all fees and costs outlined in the applicable Project Agreement, J ZACH LAWN CARE LLC shall assign to the Client all right, title, and interest in and to the custom-developed Deliverables specifically created for the Client's project, including the source code, compiled applications, custom design assets, and project-specific documentation. This assignment shall be effective only upon receipt of complete payment. Until full payment is received, all Deliverables shall remain the exclusive property of J ZACH LAWN CARE LLC.
Notwithstanding the assignment described in Section 7.2, J ZACH LAWN CARE LLC shall retain all right, title, and interest in and to: (a) pre-existing tools, libraries, frameworks, code snippets, methodologies, processes, and know-how that the Company owned or developed prior to or independently of the Client's project ("Company Tools"); (b) general knowledge, skills, techniques, and experience gained during the performance of the Services; and (c) any improvements or enhancements made to Company Tools during the project. Where Company Tools are incorporated into the Deliverables, J ZACH LAWN CARE LLC grants the Client a perpetual, non-exclusive, royalty-free license to use such Company Tools solely as embedded within or necessary for the operation of the Deliverables.
The Deliverables may incorporate Third-Party Materials, including open-source software, commercial libraries, APIs, fonts, or other components licensed from third parties. Such Third-Party Materials shall remain subject to their respective license terms and conditions. J ZACH LAWN CARE LLC will make reasonable efforts to identify and disclose all material Third-Party Materials incorporated into the Deliverables and will ensure that such materials are used in compliance with their applicable license terms. The Client agrees to comply with all third-party license requirements associated with the Deliverables.
Both J ZACH LAWN CARE LLC and the Client recognize that, in the course of the business relationship, each party may disclose or gain access to Confidential Information of the other party. Both parties agree to protect the confidentiality of such information with the same degree of care used to protect their own confidential information, but in no event less than a reasonable degree of care.
The receiving party agrees to: (a) hold the disclosing party's Confidential Information in strict confidence; (b) not disclose the Confidential Information to any third party without the prior written consent of the disclosing party, except to employees, contractors, or agents who have a legitimate need to know and who are bound by confidentiality obligations at least as protective as those contained herein; (c) use the Confidential Information solely for the purpose of performing its obligations or exercising its rights under this Agreement; and (d) promptly notify the disclosing party in writing of any unauthorized disclosure or use of the Confidential Information of which it becomes aware.
The obligations of confidentiality set forth in this section shall not apply to information that: (a) was publicly available at the time of disclosure or subsequently becomes publicly available through no fault of the receiving party; (b) was independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; (c) was rightfully received from a third party without restriction on disclosure; (d) was already in the receiving party's possession at the time of disclosure, as demonstrated by written records; or (e) is required to be disclosed by law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice of such requirement and cooperates with the disclosing party's efforts to obtain a protective order or other appropriate remedy.
The confidentiality obligations under this section shall survive the termination or expiration of this Agreement for a period of three (3) years, except with respect to trade secrets, which shall be protected for so long as such information retains its status as a trade secret under applicable law. Upon termination of the Agreement or upon written request by the disclosing party, the receiving party shall return or destroy all copies of the Confidential Information in its possession, except for copies retained in routine backup systems, which shall remain subject to the confidentiality obligations herein.
The success of any mobile application development project depends significantly on the active participation and timely cooperation of the Client. By engaging J ZACH LAWN CARE LLC, the Client agrees to fulfill the following responsibilities and obligations throughout the duration of the project.
The Client shall: (a) designate a single point of contact ("Project Representative") who shall be authorized to make decisions, provide approvals, and communicate on behalf of the Client regarding all project matters; (b) provide all necessary information, content, assets, branding materials, and access credentials required for the performance of the Services in a timely manner, as reasonably requested by the Company; (c) review and provide feedback on all Deliverables, designs, prototypes, and other materials submitted for review within five (5) business days of receipt, or within such other timeframe as specified in the Project Agreement; (d) participate in scheduled meetings, calls, and project reviews as reasonably necessary for the successful execution of the project.
The Client further agrees to: (a) ensure that all Client Materials provided to the Company are accurate, complete, and do not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party; (b) obtain and maintain all necessary licenses, permissions, and consents required for the use of Client Materials in the project; (c) make timely payments in accordance with the payment schedule set forth in the applicable Project Agreement; and (d) not engage in any activity that would interfere with or disrupt the Company's ability to perform the Services.
The Client acknowledges that delays caused by the Client's failure to fulfill its responsibilities, including but not limited to late provision of materials, delayed feedback, failure to attend scheduled meetings, or late payments, may result in corresponding delays to the project timeline. In such cases, J ZACH LAWN CARE LLC shall not be liable for any resulting delays, and the Company reserves the right to adjust the project timeline and, where appropriate, the project cost to reflect the impact of such Client-caused delays.
J ZACH LAWN CARE LLC represents and warrants that: (a) the Company has the legal right and authority to enter into this Agreement and to perform the Services; (b) the Services will be performed in a professional and workmanlike manner, consistent with generally accepted industry standards for custom mobile application development; (c) the Deliverables, to the best of the Company's knowledge, will not infringe upon any valid intellectual property rights of any third party when used in accordance with the intended purpose described in the Project Agreement; and (d) the Company will comply with all applicable federal, state, and local laws and regulations in the performance of the Services.
J ZACH LAWN CARE LLC provides a warranty period of thirty (30) days following the final delivery and acceptance of the Deliverables (the "Warranty Period"), during which the Company will, at no additional cost to the Client, correct any material defects or bugs in the Deliverables that are reported in writing by the Client and that are reproducible by the Company. This warranty covers only defects that prevent the Deliverables from materially conforming to the functional specifications documented in the applicable Project Agreement. The warranty does not cover issues arising from: (a) unauthorized modifications made to the Deliverables by the Client or any third party; (b) use of the Deliverables in a manner not contemplated by the Project Agreement; (c) third-party software, hardware, or services beyond the Company's control; or (d) changes in third-party platform requirements (e.g., Apple iOS or Google Android updates) released after the delivery date.
DISCLAIMER: EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION, APPVISION STUDIO LLC PROVIDES THE SERVICES AND DELIVERABLES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE DELIVERABLES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED BEYOND THE WARRANTY PERIOD.
The Client represents and warrants that: (a) the Client has the legal right and authority to enter into this Agreement; (b) all Client Materials provided to the Company are owned by the Client or the Client has obtained all necessary rights and permissions for their use; (c) the Client Materials do not and will not infringe upon the rights of any third party; and (d) the Client will use the Deliverables in compliance with all applicable laws, regulations, and third-party terms of service, including the Apple App Store and Google Play Store policies.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPVISION STUDIO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE DELIVERABLES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF APPVISION STUDIO LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE DELIVERABLES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CLIENT TO THE COMPANY UNDER THE APPLICABLE PROJECT AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations of liability set forth in this section shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some of the above limitations may not apply to you. In such cases, the Company's liability shall be limited to the greatest extent permitted by the laws of such jurisdiction. The Client acknowledges that the fees charged by the Company reflect the allocation of risk set forth in this Agreement, including the limitations of liability contained herein, and that the Company would not enter into this Agreement without these limitations.
Nothing in this section shall be construed to limit or exclude liability for: (a) death or personal injury caused by the Company's negligence; (b) fraud or fraudulent misrepresentation by the Company; or (c) any other liability that cannot be excluded or limited under applicable law.
The Client agrees to indemnify, defend, and hold harmless J ZACH LAWN CARE LLC, its officers, directors, employees, agents, contractors, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) the Client's breach of any representation, warranty, or obligation under this Agreement; (b) the Client's use of the Deliverables in a manner not authorized by this Agreement or the applicable Project Agreement; (c) any claim that the Client Materials infringe upon the intellectual property rights, privacy rights, or other rights of any third party; (d) the Client's violation of any applicable law, regulation, or third-party terms of service; or (e) any third-party claim relating to the Client's products, services, or business operations.
J ZACH LAWN CARE LLC agrees to indemnify, defend, and hold harmless the Client from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) any claim that the custom-developed portions of the Deliverables (excluding Client Materials and Third-Party Materials) infringe upon the valid intellectual property rights of any third party, provided that the Client promptly notifies the Company of such claim in writing and grants the Company sole control of the defense and settlement thereof; or (b) the Company's gross negligence or willful misconduct in the performance of the Services.
The indemnifying party's obligations under this section are contingent upon the indemnified party: (a) providing prompt written notice of the claim; (b) granting the indemnifying party sole control of the defense and any related settlement negotiations; and (c) providing reasonable cooperation and assistance, at the indemnifying party's expense, in the defense of the claim. The indemnified party shall have the right to participate in the defense at its own expense with counsel of its own choosing. The indemnifying party shall not settle any claim in a manner that adversely affects the indemnified party's rights without the indemnified party's prior written consent, which shall not be unreasonably withheld.
Either party may terminate a Project Agreement for convenience upon thirty (30) days' prior written notice to the other party. In the event of termination for convenience by the Client, the Client shall pay J ZACH LAWN CARE LLC for: (a) all Services performed and Deliverables completed up to the effective date of termination; (b) any non-cancellable commitments or expenses incurred by the Company in reliance on the Project Agreement prior to receiving the termination notice; and (c) a termination fee equal to ten percent (10%) of the remaining unpaid balance of the Project Agreement, to compensate the Company for schedule disruption and resource reallocation costs.
Either party may terminate a Project Agreement immediately upon written notice if the other party: (a) commits a material breach of this Agreement or the applicable Project Agreement and fails to cure such breach within fifteen (15) days after receiving written notice specifying the nature of the breach; (b) becomes insolvent, files for bankruptcy protection, has a bankruptcy petition filed against it, makes an assignment for the benefit of creditors, or has a receiver or trustee appointed for a substantial part of its assets; or (c) ceases to conduct business in the normal course.
J ZACH LAWN CARE LLC may suspend work on any project immediately, without prior notice, if: (a) any payment is more than fifteen (15) days past due; (b) the Client fails to provide required materials, feedback, or approvals for a period exceeding twenty (20) business days, causing the project to be effectively stalled; or (c) the Company reasonably determines that continued performance would violate applicable law or pose a risk to the security or integrity of the Company's systems. Work will resume promptly upon resolution of the issue that gave rise to the suspension.
Upon termination or expiration of a Project Agreement: (a) each party shall return or destroy all Confidential Information of the other party in its possession, subject to the exceptions described in Section 8; (b) the Company shall deliver to the Client all completed Deliverables for which payment has been received in full; (c) any licenses granted to the Client under this Agreement shall be limited to the Deliverables actually delivered and fully paid for; and (d) the provisions of this Agreement that by their nature should survive termination, including but not limited to Sections 7, 8, 10, 11, 12, 15, 16, and 18, shall survive and remain in full force and effect.
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) if such failure or delay results from circumstances beyond the reasonable control of that party ("Force Majeure Event"). Force Majeure Events include, but are not limited to: acts of God, natural disasters (including earthquakes, hurricanes, floods, and wildfires), epidemics, pandemics, war, terrorism, riots, civil unrest, government actions or orders, embargoes, sanctions, labor strikes or disputes, power outages, telecommunications failures, internet service disruptions, cyberattacks, or any other event beyond the reasonable control of the affected party.
The party affected by a Force Majeure Event shall: (a) promptly notify the other party in writing of the nature, extent, and expected duration of the Force Majeure Event; (b) use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance of its obligations as soon as practicable; and (c) keep the other party regularly informed of the status and expected resolution of the situation. The obligations of the affected party shall be suspended for the duration of the Force Majeure Event, and any deadlines or timelines affected by the event shall be extended by a period equal to the duration of the delay.
If a Force Majeure Event continues for a period exceeding sixty (60) consecutive days, either party may terminate the affected Project Agreement upon written notice to the other party, without liability for such termination. In the event of such termination, the Client shall pay for all Services satisfactorily performed and expenses reasonably incurred by the Company up to the date of termination, and the Company shall deliver all completed work product to the Client for which payment has been received.
This Agreement, and any disputes arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws principles that would result in the application of the laws of another jurisdiction. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.
Subject to the dispute resolution provisions set forth in Section 16, the parties agree that any legal action or proceeding arising out of or relating to this Agreement that is not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco, California. Each party hereby irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum or lack of jurisdiction. Process in any such action or proceeding may be served on either party anywhere in the world.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, Confidential Information, or other proprietary interests, without the requirement of posting a bond or other security. Such injunctive relief shall be in addition to, and not in lieu of, any other remedies available to the party under this Agreement or at law.
The parties agree that any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved through the following escalation procedure, which is designed to encourage efficient and cost-effective resolution of disputes while preserving the business relationship between the parties.
The parties shall first attempt to resolve any dispute through good-faith informal negotiation. The party raising the dispute shall provide written notice to the other party, describing the dispute in reasonable detail and proposing a resolution. Within ten (10) business days of receipt of such notice, each party shall designate a senior representative with authority to resolve the dispute, and such representatives shall meet (in person or by video conference) at least once to attempt to reach a mutually satisfactory resolution. This informal negotiation period shall last no more than thirty (30) days from the date of the initial dispute notice.
If the dispute is not resolved through informal negotiation within the thirty (30) day period, either party may initiate mediation by providing written notice to the other party. The mediation shall be conducted by a mutually agreed-upon mediator, or if the parties cannot agree, by a mediator appointed by JAMS (Judicial Arbitration and Mediation Services) in San Francisco, California. The costs of mediation shall be shared equally by the parties. The mediation process shall be completed within forty-five (45) days of the appointment of the mediator, unless the parties mutually agree to an extension.
If the dispute is not resolved through mediation, the dispute shall be finally resolved by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator in San Francisco, California. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order, including monetary damages, specific performance, and injunctive relief. The arbitrator's decision shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof. Each party shall bear its own attorneys' fees and costs in connection with the arbitration, unless the arbitrator determines that the claim or defense of a party was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.
J ZACH LAWN CARE LLC reserves the right to modify, update, or revise these Terms of Service at any time, at its sole discretion. Any changes to these Terms will be effective immediately upon posting the revised version on our website, with an updated "Last Updated" date displayed at the top of the document. It is the Client's responsibility to review these Terms periodically to stay informed of any changes.
For existing Clients with active Project Agreements, material changes to these Terms of Service will be communicated via email to the address provided in the applicable Project Agreement at least fifteen (15) days prior to the effective date of such changes. If a Client does not agree with the revised Terms, the Client must notify J ZACH LAWN CARE LLC in writing within the fifteen (15) day notice period, and the parties will negotiate in good faith to resolve any concerns. If the parties are unable to reach an agreement, the Client may terminate the applicable Project Agreement in accordance with Section 13, subject to payment for all Services rendered up to the date of termination.
No amendment, modification, or supplement to any individual Project Agreement shall be valid or binding unless made in writing and executed by authorized representatives of both parties. Oral agreements, informal email discussions, or verbal representations shall not constitute valid amendments to any Project Agreement, regardless of whether they are made by authorized representatives of either party. This provision ensures clarity and certainty in the contractual relationship between the parties and prevents misunderstandings arising from informal communications.
If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, unenforceable, or in conflict with the law of any applicable jurisdiction by a court of competent jurisdiction or an arbitrator, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement shall continue in full force and effect.
In the event that a provision cannot be so modified and is deemed completely invalid or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to negotiate in good faith to replace any severed provision with a valid and enforceable provision that most closely reflects the original intent and economic effect of the severed provision.
The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision, or of any other provision of this Agreement, in any other jurisdiction. This severability clause shall be broadly construed to preserve the maximum enforceability of this Agreement as a whole.
This Agreement, together with any applicable Project Agreements, statements of work, change orders, and any other documents expressly incorporated by reference herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, warranties, understandings, negotiations, and discussions, whether oral or written, between the parties. There are no conditions, warranties, representations, or other agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth herein or in an applicable Project Agreement.
No waiver of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of either party to enforce any right or provision of this Agreement at any time shall not constitute a waiver of such right or provision or of any other right or provision, and shall not be construed as a course of dealing or course of performance that modifies the terms of this Agreement. A waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breach of the same or any other provision.
The headings and section titles used in this Agreement are for convenience of reference only and shall not affect the construction or interpretation of any provision hereof. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and references to any gender include all genders. The terms "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." All references to sections refer to sections of this Agreement unless expressly stated otherwise.
If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to communicate with us regarding any matter arising under this Agreement, please do not hesitate to contact J ZACH LAWN CARE LLC using any of the methods listed below. Our team is available to assist you during regular business hours, Monday through Friday, 9:00 AM to 6:00 PM Pacific Standard Time (PST).
J ZACH LAWN CARE LLC
2705 DE LA ROSA ST THE VILLAGES, FL 32162
Phone: +1 305 529 0003
Email: [email protected]
EIN: 81-5357590
Founded: 2013 by Hiroshi Tanaka
For legal notices required under this Agreement, please send correspondence via certified mail or nationally recognized overnight courier to the address above, addressed to the attention of "Legal Department." Notices sent by email to the address above shall be deemed received upon confirmation of delivery. All formal legal notices shall be effective upon receipt by the intended recipient.
If you have any questions about these Terms of Service or need clarification on any provision, our team is here to help.
Contact us at [email protected] or call +1 305 529 0003.
You can also visit our Contact Page to send us a message directly.