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Terms & Conditions
Our commitment to excellence in landscaping and arboricultural services is built on a foundation of quality, trust, and transparency. We value the relationships we build with our clients and believe that clear communication is essential to maintaining those relationships. Our Terms & Conditions are provided to enhance transparency, ensuring that our clients have full confidence in their experience with any of our services. Please refer to our below for more details.
TERMS & CONDITIONS
BY USING OUR WEBSITE AND SERVICES, YOU AGREE TO OUR TERMS AND CONDITIONS, WHICH INCLUDE OUR PRIVACY POLICY, DISCLAIMERS, PHOTOGRAPHY AND VIDEO CONSENT, LIMITATION OF LIABILITIES, PROPRIETARY RIGHTS, INDEMNIFICATION, AND ARBITRATION. THE USE OF OUR WEBSITE AND SERVICES IS AT YOUR DISCRETION AND SOLE RISK. THESE TERMS AND CONDITIONS APPLY TO JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE, OUR WEBSITE, ALL SERVICES, APPLICATIONS, AND OTHER PLATFORMS. AS USED IN THESE TERMS AND CONDITIONS, "US," "WE," OR "OUR" REFERS TO JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE.
PROPRIETARY RIGHTS
THE TERM “PROPRIETARY RIGHTS” MEANS ALL TRADE SECRET, COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY RIGHTS THROUGHOUT THE WORLD. ALL CONTENT, INCLUDING BUT NOT LIMITED TO TEXT, IMAGES, GRAPHICS, LOGOS, AND OTHER MATERIAL (COLLECTIVELY “CONTENT”) THAT IS THE EXCLUSIVE PROPERTY OF JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE, IS PROTECTED BY COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS. ANY REPRODUCTION, MODIFICATION, DISTRIBUTION, CREATION OF DERIVATIVE WORKS, OR USE OF OUR CONTENT WITHOUT EXPRESS WRITTEN PERMISSION IS PROHIBITED.
PHOTOGRAPHY AND VIDEO CONSENT
UNDER CALIFORNIA CIVIL CODE § 3344, YOU ARE PROTECTED FROM UNAUTHORIZED USE OF YOUR LIKENESS FOR COMMERCIAL PURPOSES. HOWEVER, YOU GRANT PERMISSION TO JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE TO CAPTURE AND USE PHOTOGRAPHS AND VIDEOS TAKEN DURING THE PERFORMANCE OF SERVICES FOR PROMOTIONAL, ADVERTISING, AND MARKETING PURPOSES. THIS INCLUDES, BUT IS NOT LIMITED TO, USE IN PORTFOLIOS, WEBSITES, SOCIAL MEDIA, AND OTHER DIGITAL AND PRINT MARKETING USES. THIS CONSENT APPLIES GLOBALLY AND IS GRANTED WITHOUT RESTRICTION AS TO THE MANNER OR FREQUENCY OF USE. ANY IDENTIFIABLE FEATURES, INCLUDING BUT NOT LIMITED TO YOUR FACE, THE FACES OF INDIVIDUALS, DISTINCTIVE LANDMARKS, PROPERTY ADDRESSES, OR OTHER UNIQUE IDENTIFYING ELEMENTS, WILL BE OBSCURED, BLURRED, OR OTHERWISE ALTERED TO RENDER THEM UNIDENTIFIABLE FOR PRIVACY AND CONFIDENTIALITY, UNLESS EXPLICIT WRITTEN CONSENT FOR INCLUSION IS PROVIDED. THERE WILL NOT BE ANY COMPENSATION, ROYALTIES, OR OTHER REMUNERATION FOR THE USE OF SUCH PHOTOGRAPHS OR VIDEOS.
PRIVACY POLICY
JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE VALUES YOUR PRIVACY AND IS COMMITTED TO PROTECTING YOUR PERSONAL INFORMATION. THIS PRIVACY POLICY EXPLAINS HOW WE COLLECT, USE, AND SAFEGUARD YOUR INFORMATION WHEN YOU VISIT OUR WEBSITE OR USE OUR SERVICES. THIS POLICY APPLIES TO ALL INFORMATION COLLECTED THROUGH OUR WEBSITE, LOCATED AT WWW.THEFOREGROUNDS.COM, AND ANY RELATED SERVICES, SALES, MARKETING, OR EVENTS.
INFORMATION WE COLLECT
WE MAY COLLECT PERSONAL INFORMATION THAT YOU PROVIDE DIRECTLY TO US, SUCH AS YOUR NAME, PHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS. THIS INFORMATION IS COLLECTED FOR CONTACT PURPOSES, INCLUDING RESPONDING TO INQUIRIES, SCHEDULING SERVICES, AND SENDING MARKETING EMAILS. WE DO NOT SHARE, SELL, OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR ANY PURPOSE OTHER THAN THOSE DESCRIBED IN THIS PRIVACY POLICY.
USE OF YOUR INFORMATION
THE INFORMATION WE COLLECT IS USED TO:
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PROVIDE, OPERATE, AND MAINTAIN OUR SERVICES.
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IMPROVE, PERSONALIZE, AND EXPAND OUR SERVICES.
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COMMUNICATE WITH YOU, TO PROVIDE YOU WITH UPDATES AND OTHER INFORMATION RELATING TO THE SERVICE, AND FOR MARKETING AND PROMOTIONAL PURPOSES.
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PROCESS YOUR TRANSACTIONS AND SEND YOU RELATED INFORMATION, INCLUDING PURCHASE CONFIRMATIONS AND INVOICES.
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SEND YOU MARKETING AND PROMOTIONAL EMAILS (YOU CAN OPT-OUT AT ANY TIME).
YOUR RIGHTS
UNDER APPLICABLE LAWS, YOU HAVE THE RIGHT TO REQUEST INFORMATION ABOUT THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION. YOU ALSO HAVE THE RIGHT TO REQUEST THAT WE DELETE YOUR PERSONAL INFORMATION, SUBJECT TO CERTAIN EXCEPTIONS. TO EXERCISE YOUR RIGHTS, PLEASE CONTACT US AT THEFOREGROUNDS@GMAIL.COM.
DATA SECURITY
WE IMPLEMENT A VARIETY OF SECURITY MEASURES TO MAINTAIN THE SAFETY OF YOUR PERSONAL INFORMATION. JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR ABSOLUTE SECURITY OF INFORMATION.
CHANGES TO PRIVACY POLICY
WE MAY UPDATE THIS PRIVACY POLICY AT ANY TIME IN ORDER TO REFLECT CHANGES. WE WILL NOTIFY YOU OF ANY CHANGES BY POSTING THE NEW PRIVACY POLICY ON THIS PAGE. YOU ARE ADVISED TO REVIEW THIS PRIVACY POLICY PERIODICALLY FOR ANY CHANGES.
DISCLAIMER
TO THE FULL EXTENT PERMISSIBLE BY LAW, JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE PROVIDE ALL SERVICES, WEBSITE USE AND CONTENT, TREATMENT PLANS, PRODUCTS, RECOMMENDATIONS, AND CONCLUSIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND MAKE NO REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR SERVICES PROVIDED.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY LAW, JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF AWARENESS OF THE POSSIBILITY OF SUCH DAMAGES EXISTS. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME, PROFITS, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE.
INDEMNIFICATION
AS A CONDITION OF USE OF OUR WEBSITE AND SERVICES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THE SERVICES, WEBSITE USE AND CONTENT, TREATMENT PLANS, PRODUCTS, RECOMMENDATIONS, AND CONCLUSIONS PROVIDED BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE. THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, CLAIMS RESULTING FROM THIRD-PARTY ACTIONS OR YOUR MISUSE OF THE PROVIDED SERVICES OR INFORMATION. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE.
ARBITRATION
ANY DISPUTE BETWEEN YOU AND JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT FOR DISPUTES FALLING WITHIN THE JURISDICTION OF SMALL CLAIMS COURT OR CLAIMS RELATED TO PROPRIETARY RIGHTS, WHICH MAY BE BROUGHT IN COURT. "DISPUTE" INCLUDES ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE, OUR WEBSITE, OR SERVICES PROVIDED, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, OR ANY OTHER LEGAL THEORY. BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO PURSUE CLAIMS IN COURT AND OTHER AVAILABLE RESOLUTION PROCESSES. YOU AND JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
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BEFORE INITIATING ARBITRATION, YOU AND JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE AGREE TO ENGAGE IN A GOOD FAITH EFFORT TO RESOLVE THE DISPUTE INFORMALLY FOR 90 DAYS. IF THE DISPUTE IS NOT RESOLVED, EITHER PARTY MAY INITIATE ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA). ARBITRATION MAY BE CONDUCTED VIRTUALLY, BY TELEPHONE, OR IN-PERSON IN THE COUNTY WHERE JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE RESIDES. EACH PARTY WILL BE RESPONSIBLE FOR ITS OWN ATTORNEY’S FEES AND COSTS, UNLESS OTHERWISE AUTHORIZED BY LAW OR DETERMINED BY THE ARBITRATOR. IF ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.
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THIS AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. (“FAA”) AND APPLICABLE FEDERAL LAW, OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE. THE ARBITRATION WILL BE CONDUCTED UNDER THE THEN-CURRENT AND APPLICABLE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE AAA CONSUMER ARBITRATION RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG.
CONTACT US
IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE CONTACT US AT THEFOREGROUNDS@GMAIL.COM.