Terms of Use / User Agreement
Effective Date: May 3, 2026
These Mow Ur Grass Global Terms of Use (the “Terms of Use” or the “Terms”) constitute a legally binding agreement between the User (defined below) of the Service (defined below) (“you” or “your”) and MOW UR GRASS LLC (“Mow Ur Grass”, “we”, “us” or “our”) governing your use of Mow Ur Grass’s websites (including mowurgrass.com,) (the “Site”), mobile application (together, the “App”), and related services, information and communications (collectively referred to herein as the “Service”).
YOU UNDERSTAND AND AUTHORIZE MOW UR GRASS TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO THE FAIR CREDIT REPORTING ACT ("FCRA").
By downloading, installing, accessing, or using the Service, you (“You” or “User”) agree to be bound by these Terms and our Privacy Policy incorporated herein by reference. If you do not agree, do not use the Service. The use of all personal data you submit to the Service or which we collect about you is governed by our Policy (“Privacy Policy”).
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTIONS 24 and 25 CAREFULLY.
Mowers are solely responsible for identifying, obtaining, and maintaining all municipal licenses, permits, registrations, and other local authorizations required to perform landscaping services in each municipality in which they operate. Mow Ur Grass LLC makes no representation that any Mower holds the required local authorizations for any specific municipality and bears no responsibility for a Mower's failure to comply with applicable local licensing requirements.
Geographic Scope and Eligibility
1. New Jersey Service Area
The Service operated by Mow Ur Grass LLC is available exclusively for use in connection with residential properties physically located within the State of New Jersey. The Service may not be used to request, offer, arrange, schedule, or facilitate landscaping or lawn care services for any property located outside the State of New Jersey, regardless of where the Mowee or Mower is physically located, domiciled, or incorporated at the time of use.
2. Mowee Geographic Eligibility
To be eligible to use the Service as a Mowee, you must:
● Be seeking landscaping or lawn care services for a residential property that is physically located within the State of New Jersey;
● Provide a valid New Jersey property address at the time of submitting any service request through the Service; and
● Ensure that all service requests submitted through the Service identify a property located within the State of New Jersey.
A Mowee who owns, leases, manages, or otherwise controls property in multiple states may only use the Service in connection with those properties physically situated within the State of New Jersey. Service requests submitted for properties located outside New Jersey are strictly prohibited and may result in immediate suspension or termination of Service access.
3. Mower Geographic Eligibility
To be eligible to use the Service as a Mower, you must:
● Be willing and able to perform residential landscaping and lawn care services at properties physically located within the State of New Jersey;
● Hold all applicable federal, New Jersey state, and local municipal licenses, permits, registrations, and authorizations required to perform landscaping services in the specific New Jersey municipalities in which you operate; and
● Agree to perform services exclusively for New Jersey-situated properties when utilizing the Service.
A Mower may reside, be domiciled, or maintain a principal place of business outside the State of New Jersey, provided that all services performed through the Service are rendered at properties physically located within New Jersey and the Mower holds all required authorizations to perform such services in the applicable New Jersey municipality.
4. Property Address Verification
Mowees are required to provide an accurate and complete New Jersey property address for each service request submitted through the Service. Mow Ur Grass LLC reserves the right, but assumes no obligation, to verify that a property address provided by a Mowee is located within the State of New Jersey. The submission of a false, inaccurate, or out-of-state property address constitutes a material violation of these Terms and may result in immediate suspension or termination of Service access.
Mow Ur Grass LLC bears no responsibility or liability for any services arranged, performed, or paid for through the Service in connection with a property address that a Mowee has falsely or inaccurately represented as being located within the State of New Jersey.
5. No Guarantee of Statewide Coverage
While the Service is available for use in connection with properties located anywhere within the State of New Jersey, Mow Ur Grass LLC does not guarantee that independent Mowers will be available in every New Jersey municipality, county, or geographic area. The availability of Mowers in any specific location is determined solely by the independent business decisions of individual Mowers and is entirely outside the control of Mow Ur Grass LLC. Mow Ur Grass LLC makes no representation, warranty, or guarantee that any service request submitted for any New Jersey property will be accepted by any Mower.
6. Compliance with Local Requirements
Both Mowees and Mowers acknowledge that landscaping services in New Jersey are subject to varying licensing, registration, permitting, and regulatory requirements at the state, county, and municipal level that differ across New Jersey's 564 municipalities. Each party is solely responsible for ensuring compliance with all applicable requirements in the specific municipality in which services are performed or requested. Mow Ur Grass LLC makes no representation that use of the Service ensures compliance with any local, county, or state requirement applicable to any party.
7. Future Geographic Expansion
The geographic scope of the Service is limited to the State of New Jersey as of the date of these Terms. Mow Ur Grass LLC reserves the right, in its sole discretion, to expand or modify the geographic scope of the Service at any time upon notice to users. Any such expansion shall be subject to updated Terms of Service and shall not obligate Mow Ur Grass LLC to make the Service available in any additional jurisdiction.
8. Governing Law and Jurisdiction
Consistent with the Service's exclusive operation within the State of New Jersey, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. Any dispute arising from or related to the use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within the State of New Jersey.
Definitions "COLLECTIVE CONTENT" means User Content and Mow Ur Grass Content together.
“USER CONTENT" means all Content submitted, posted, uploaded, published, or transmitted on or through the Service by any User or other user of the Service, including but not limited to photographs, voice or audio recordings, videos, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Service, but excluding Mow Ur Grass Content and Feedback.
“YOU” or “USER(S)” means any individual who uses the Service.
"MOWEE" means any individual or authorized representative thereof who accesses or uses the Mow Ur Grass LLC Service in the capacity of a person seeking to engage an independent Mower to perform landscaping or lawn care services at a residential property physically located within the State of New Jersey. The term Mowee includes, without limitation:
● Any individual homeowner or residential property owner seeking lawn care or landscaping services for a privately owned residential property located in New Jersey;
● Any tenant, lessee, or occupant of a residential property located in New Jersey who is authorized by the property owner to arrange for landscaping or lawn care services at such property; and
● Any agent or representative of any of the foregoing who is duly authorized to access and use the Service on behalf of such individual.
The Service is intended exclusively for residential property use. The following are expressly excluded from eligibility as a Mowee and may not use the Service in any capacity:
● Any commercial property owner, operator, or representative seeking landscaping or lawn care services for any commercially situated property;
● Any condominium association, homeowners association, cooperative, or similar entity seeking landscaping or lawn care services for common areas or association-managed properties;
● Any property manager, managing agent, or property management company seeking landscaping or lawn care services in a professional or commercial capacity for properties under their management; and
● Any individual or entity seeking landscaping or lawn care services for any property that is not classified as residential real property under applicable New Jersey law and local municipal zoning ordinances.
To be eligible to use the Service as a Mowee, an individual must:
● Be at least eighteen (18) years of age;
● Agree to and accept these Terms of Service in their entirety;
● Maintain a valid and active Service account in good standing;
● Seek services exclusively for residential properties physically located within the State of New Jersey; and
● Maintain a valid payment method on file with the Service at all times during which a service request is active.
A Mowee is solely a customer of the Service's marketplace technology and is not a customer, client, employee, principal, or agent of Mow Ur Grass LLC with respect to any landscaping or lawn care services arranged through the Service. All landscaping and lawn care services are performed by independent Mowers pursuant to a direct service arrangement between the Mowee and the Mower. Mow Ur Grass LLC is not a party to any such service arrangement.
A Mowee is not an employee, agent, partner, or joint venturer of Mow Ur Grass LLC by virtue of their use of the Service. Mow Ur Grass LLC does not direct, supervise, or control any Mowee in connection with their use of the Service.
"MOWER" means any individual or business entity that accesses or uses the Mow Ur Grass LLC Service in the capacity of an independent contractor offering to perform landscaping or lawn care services exclusively at residential properties physically located within the State of New Jersey. The term Mower includes, without limitation:
● Any individual sole proprietor independently engaged in the business of providing landscaping or lawn care services who uses the Service to identify service opportunities with Mowees at residential properties; and
● Any partnership, limited liability company, corporation, or other lawfully organized business entity engaged in the independent provision of landscaping or lawn care services that uses the Service to identify service opportunities with Mowees at residential properties; and
● Any authorized representative, officer, member, or employee of such a business entity who accesses the Service on behalf of and with the authority of such entity.
Mowers may only use the Service to offer and perform landscaping or lawn care services at properties that are classified as residential real property under applicable New Jersey law and local municipal zoning ordinances. The use of the Service to offer or perform landscaping or lawn care services at any commercial, industrial, institutional, or mixed-use property is strictly prohibited and may result in immediate suspension or termination of Service access.
To be eligible to use the Service as a Mower, an individual or entity must:
● Be at least eighteen (18) years of age, or in the case of a business entity, be duly organized and in good standing under the laws of its jurisdiction of formation;
● Agree to and accept these Terms of Service in their entirety;
● Maintain a valid and active Service account in good standing;
● Be customarily and independently engaged in an established landscaping or lawn care trade, occupation, or business that exists and operates independently of the Mow Ur Grass LLC Service;
● Hold and maintain all federal, New Jersey state, county, and municipal licenses, permits, certifications, and registrations required by applicable law to perform landscaping or lawn care services at residential properties in each New Jersey municipality in which the Mower operates, including without limitation any applicable New Jersey Home Improvement Contractor registration, Commercial Pesticide Applicator license, and Landscape Irrigation Contractor business permit, as required by the nature of the services performed;
● Maintain general liability insurance coverage in amounts sufficient to cover the Mower's independent business operations and any services performed through the Service;
● Maintain workers' compensation insurance coverage as required by applicable New Jersey law;
● Possess and maintain all tools, equipment, vehicles, and supplies necessary to independently perform the landscaping or lawn care services the Mower offers through the Service; and
● Perform services exclusively at residential properties physically located within the State of New Jersey when utilizing the Service.
A Mower is solely an independent contractor who uses the Service as a neutral technology marketplace to identify potential service opportunities with Mowees at residential properties. A Mower is not an employee, agent, partner, servant, franchisee, or joint venturer of Mow Ur Grass LLC for any purpose whatsoever. Mow Ur Grass LLC does not direct, supervise, control, or oversee the manner, means, method, timing, or quality of any services performed by any Mower. A Mower retains complete and sole discretion over:
● Whether to access or use the Service at any time;
● Whether to accept, decline, or ignore any service request posted on the Service;
● The days, hours, and times during which the Mower makes themselves available to perform services;
● The geographic areas within New Jersey in which the Mower chooses to offer services;
● The tools, equipment, techniques, and methods the Mower uses to perform services;
● The pricing the Mower sets for their services;
● Whether to perform services personally or through the Mower's own employees or subcontractors, subject to applicable law; and
● All other decisions relating to the operation of the Mower's independent landscaping or lawn care business.
A Mower's use of the Service does not create an exclusive relationship with Mow Ur Grass LLC.
Mowers are expressly permitted to offer and perform landscaping or lawn care services through any other Service, marketplace, or channel, and to maintain their own independent customer relationships outside of the Service, without restriction by Mow Ur Grass LLC.
“TASK OR TASKS” means basic Lawn Mowing and Shrub Trimming that does not require Mowers to obtain licensing from the State of New Jersey.
“PROHIBITED TASKS” means landscape architecture, planting flowers, shrubs, or trees, laying sod, establishing a lawn, irrigation systems, and putting down pesticides. These are tasks that require licensing by the State of New Jersey. If a Mowee seeks to find a Mower to perform a prohibited task while using the Service or a Mower performs a prohibited task while using the Service, then both the Mowee and Mower’s use of the Service shall be terminated.
“LOCAL LICENSE” means a license required by a local municipality or township in New Jersey to perform tasks. As a condition of using the Service, Mowers are required to obtain a local license prior to accepting or performing any tasks while using the Service. Mowers are also required to upload all local licenses to use the Service.
Be advised that Mow Ur Grass does not verify the validity of any state licensing for any Mower.
1. ELIGIBILITY AND USER REPRESENTATIONS
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Service. Persons under the age of 18 are strictly prohibited from accessing or using the Service.
By using the Service, you represent and warrant that:
• you are at least 18 years of age;
• you are legally capable of entering into binding contracts under applicable law;
• you will provide accurate, current, and complete information;
• you will comply with all applicable federal, state, and local laws and regulations, including those of the State of New Jersey; and
• you will not use the Service for any illegal, fraudulent, or unauthorized purpose.
2. THE SERVICE — GENERAL DESCRIPTION
A. Online Marketplace The Service is an online web- and app-based two-sided marketplace which enables connections between Mowee(s) and Mower(s). “Mowee(s)” are individuals and/or businesses seeking to obtain short-term landscaping services. “Mower(s)” are businesses seeking to perform landscaping Tasks for Mowee(s). Mowee(s) and Mower(s) are referred to herein together as “User(s)”.
Mowers are independent business owners, providing services under their own name or business name (and not under Mow Ur Grass’s name), using their own tools and supplies.
Mowees set a fixed price for a task, or post a task and allow Mowers to submit bids. Mowers may (a) maintain a clientele without any restrictions from Mow Ur Grass; (b) offer and provide their services elsewhere, including through competing Services; and (c) accept or reject Mowees and Service Agreements (defined below). Mowers are independent contractors of Mowees, and Mowees are therefore clients of Mowers, not Mow Ur Grass.
Any reference to a Mower being licensed or credentialed in some manner, or being "badged”, “reliable”, “reliability rate”, “elite”, “great value”, "background checked", “vetted” (or similar language) indicates only that the Mower has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Mowees to evaluate when they make their own decisions about the identity and suitability of Mowers whom they select or interact, or contract with via the Service; and (ii) is not an endorsement, certification or guarantee by Mow Ur Grass of a Mower’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.
Notwithstanding any feature or service of the Service that a Mowee may use to expedite Mower selection, the Mowee is responsible for determining the Task and selecting or otherwise approving their Mower and should undertake their own research prior to booking any Task to be satisfied that a specific Mower has the right qualifications.
You are solely responsible for all of your interactions with other users of the Service. Be advised that there are risks—including but not limited to the risk of physical harm, financial loss, fraud, or misrepresentation—that could occur when dealing with strangers, including persons who may be acting under false pretenses. Please use caution about the information you elect to share as part of your User Profile or in any communication you engage in with another user through the Service.
B. Mow Ur Grass’s role The Service is not an employment agency service or business, and Mow Ur Grass is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Mow Ur Grass.
Users hereby acknowledge and agree that (a) Mow Ur Grass does not (i) perform Tasks nor employ individuals to perform Tasks, (ii) supervise, scope, direct, control or monitor Mowers’ work (including that Mow Ur Grass does not set Mowers’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Mowers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Mow Ur Grass, nor any employment or other relationship between Mow Ur Grass and the Users or between the Mowee and the Mower. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Mow Ur Grass (including that Mowers may not modify all or any part of the Mow Ur Grass fees (see Section 5 below - fees).
Mow Ur Grass is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, disability insurance, employer’s liability, social security contributions, PAYE or other applicable payroll withholdings in connection with a User’s use of the Service, or personal income tax. The Mower assumes full and sole responsibility for all required and applicable income tax and social contributions such as Social Security withholdings as to the Mower and all persons engaged by the Mower in the performance of the Task Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
C. License Subject to your compliance with the terms of the Agreement (including, without limitation, these Terms), Mow Ur Grass grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Service (in the locations and territories where the Service has a presence), (b) download, access and use the App on your personal device, solely in furtherance of your use of the Service, and (c) access and view any content, information and materials made available on the Service, in all cases for your personal use and the intended purpose of the Service. Users may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Service or anything therefrom or thereon (in whole or in part) without Mow Ur Grass’s prior written consent. Any rights not granted by Mow Ur Grass are expressly reserved.
D. Independent Contractor Classification — New Jersey ABC Test Compliance The Service operated by Mow Ur Grass LLC ("Service") functions solely as a neutral online marketplace that connects independent landscaping businesses ("Mowers") with property owners seeking lawn care services ("Mowees"). Mow Ur Grass LLC does not provide lawn care or landscaping services, does not employ landscapers, and does not hold itself out as a lawn care company. Mow Ur Grass LLC's business is the operation of a technology Service — not the provision of lawn maintenance services.
Each Mower, by using the Service, represents, warrants, and agrees as follows: (i). Freedom from Direction and Control The Mower operates entirely free from the direction, supervision, and control of Mow Ur Grass LLC, both under these Terms and in actual practice. Specifically:
● Mow Ur Grass LLC does not set, mandate, or restrict the Mower's work schedule, hours of availability, or geographic service area;
● Mow Ur Grass LLC does not dictate the tools, equipment, techniques, products, or methods the Mower uses to perform lawn care services;
● Mow Ur Grass LLC does not require the Mower to accept any minimum number of jobs, maintain any acceptance rate, or remain available on the Service at any time;
● Mow Ur Grass LLC does not supervise, inspect, or direct the Mower's performance of services in the field;
● The Mower retains the unilateral right to accept, decline, or cancel any service request at any time and for any reason, without penalty;
● The Mower sets their own service pricing, negotiates directly with Mowees, and determines the scope of work to be performed; and
● Mow Ur Grass LLC exercises no control over the Mower's business operations, staffing, subcontracting decisions, or customer relationships outside of the Service.
(ii). Service Outside the Usual Course of Mow Ur Grass LLC's Business Mow Ur Grass LLC is a technology company that operates a digital marketplace Service. Mow Ur Grass LLC does not perform, offer, advertise, or sell lawn care, landscaping, mowing, or any related horticultural services. The services performed by Mowers — namely, physical lawn maintenance and landscaping — are entirely outside the usual course of Mow Ur Grass LLC's business, which is the development, operation, and licensing of software and marketplace technology.
Furthermore, all lawn care services performed by Mowers are carried out exclusively at Mowee properties — locations that are wholly outside any place of business of Mow Ur Grass LLC.
Mow Ur Grass LLC has no physical offices, facilities, or operational presence at any location where a Mower performs services.
(iii). Independently Established Trade or Business Each Mower represents and warrants that they are customarily and currently engaged in an independently established landscaping trade, occupation, or business, and specifically that:
● The Mower operates under a legitimate and independently established business entity or as a registered sole proprietor, with the capacity to perform lawn care services for the general public;
● The Mower actively performs, or is available to perform, lawn care and landscaping services for Mowees beyond those connected through the Mow Ur Grass LLC Service;
● The Mower holds, or will obtain prior to performing any services, all licenses, certifications, and permits required under New Jersey law for the performance of landscaping and lawn care services, including but not limited to any applicable NJ Home Improvement Contractor registration;
● The Mower maintains their own general liability insurance and, where required by law, workers' compensation coverage, in amounts sufficient to cover their independent business operations;
● The Mower provides their own tools, equipment, vehicles, and supplies necessary to perform services; and
● The Mower's business exists and operates independently of the Mow Ur Grass LLC Service and would continue to exist if access to the Service were terminated.
(iv) No Employer-Employee Relationship Nothing in these Terms creates, or shall be construed to create, an employer-employee, joint venture, partnership, staffing, or agency relationship between Mow Ur Grass LLC and any Mower. Mow Ur Grass LLC does not withhold taxes, provide workers' compensation, provide unemployment insurance, or offer any employee benefits to Mowers. Mowers are solely and exclusively responsible for:
● All federal, state, and local tax obligations arising from services performed;
● Maintaining adequate insurance coverage for their business operations;
● Compliance with all applicable New Jersey contractor licensing and registration laws;
● Compliance with all applicable employment, labor, and safety laws with respect to any employees or subcontractors the Mower engages; and
● All liability arising from the Mower's performance of services.
Mowers acknowledge that misrepresentation of their independent business status is a material breach of these Terms and may result in immediate termination of Service access.
E. User Representations and Warranties.
In your access to and use of the Service, you represent and warrant that you:
● will comply fully with the terms of the Agreement, including, without limitation, these Terms and and other Supplemental Terms;
● are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
● have the right, authority and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement);
● will only request and/or perform (as applicable) Tasks in a country where the SERVICE has a presence;
● will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or MOWURGRASS without obtaining the prior written consent of MOWURGRASS and/or the relevant User, as applicable;
● will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the Chat Thread, and being present and/or available at the time you agree upon with other Users);
● will only utilize the third-party PSP (as defined in paragraphs 6 and 7);
● will use your legal name and/or legal business name (as per your government issued identification and registration documents) and an up-to-date photo on your profile;
● will comply with all applicable local, state, provincial, national, or international laws in your use of the SERVICE;
● will not use the SERVICE for the purchase or delivery of alcohol, or any other controlled or illegal substances or services; and
● will ensure that all communications regarding Tasks (including, without limitation, scoping and payments and any questions relevant to Tasks), remain on the SERVICE, before, during and after the Task.
F. Additional Mower Representations and Warranties.
If you are a Mower, you additionally represent and warrant that, in your access to and use of the Service, you:
● are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using the SERVICE;
● are customarily engaged in an independently established business of the same nature as the services performed for Mowees through the SERVICE, and maintain an independent clientele;
● have the unrestricted right to work in the jurisdiction in which you perform Tasks;
● have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Tasks (including, as applicable, a business license, business tax registration, and/or contractor’s license);
● have and will maintain all insurance required to operate your business and perform the Tasks;
● will respond to invitations promptly; provide timely, high-quality services for Mowees as agreed in the Chat Thread (defined below); only offer and provide Tasks for which you have the necessary expertise to perform; and perform the Tasks as agreed upon with Mowees in a safe manner; and
● will promptly disclose to Mow Ur Grass in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the SERVICE.
3. LICENSE GRANT TO USE THE WEBSITE AND MOBILE APP AND PERMITTED USES
3.1 Mobile Application — iOS and Android You may access and download the Mow Ur Grass mobile application from the Apple App Store or Google Play Store (each, a “Mobile App Provider”). You acknowledge and agree that:
• These Terms are entered into between you and Mow Ur Grass LLC, and not with the Mobile App Provider, and Mow Ur Grass LLC is solely responsible for the App;
• The Mobile App Provider has no obligation to furnish any maintenance or support services with respect to the App;
• The Mobile App Provider is not responsible for addressing any claims you have relating to the App, including product liability claims, failure to conform to any applicable legal or regulatory requirement, and consumer protection claims;
• In the event of any third-party claim that the App infringes intellectual property rights, Mow Ur Grass LLC will be responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by these Terms;
• The Mobile App Provider and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the App, and upon your acceptance of these Terms, the Mobile App Provider will have the right to enforce these Terms against you as a third-party beneficiary; and
• You must also comply with all applicable third-party terms of service when using the App.
3.2 Apple-Specific Notice You acknowledge that these Terms are between you and Mow Ur Grass LLC only, not with Apple Inc., and Apple is not responsible for the App or the content thereof. Apple has no obligation to furnish any maintenance or support services for the App. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the App. Apple is not responsible for addressing any claims relating to the App, including product liability claims, regulatory non-conformance, and consumer protection claims. Apple is not responsible for investigation, defense, settlement, or discharge of any third-party intellectual property infringement claim related to the App. Upon your acceptance of these Terms, Apple, as a third-party beneficiary, will have the right to enforce these Terms against you as related to your license of the App.
3.3 Device and Carrier Responsibility Use of the Service requires a compatible mobile device and an active data plan. You are solely responsible for acquiring and maintaining your device and data plan and all associated costs.
Mow Ur Grass LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.
3.4 Representations Regarding Submitted Content You represent, warrant, and agree that any information or materials you submit to or post on the Service: (a) shall be true, accurate, and current; (b) will not violate, infringe, or breach any duty toward or rights of any person or entity, including any copyright, trademark, trade secret, or other intellectual property, publicity, or privacy right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar, or obscene; (d) will not harass others, promote bigotry, racism, hatred, or harm against any individual or group; (e) will not promote illegal or harmful activities; and (f) will not be illegal, unlawful, or contrary to any applicable laws or regulations.
You agree not to (and not to assist any third party to): (a) engage in commercial use of the Service outside of permitted marketplace transactions; (b) reproduce, copy, store, reverse engineer, decompile, or create derivative works from any portion of the Service; (c) remove any copyright, trademark, or other proprietary rights notices from the Service; (d) use any robot, spider, or other automated device to access, retrieve, or index any portion of the Service; (e) collect or harvest information about other users for any purpose; (f) create user accounts by automated means or under false or fraudulent pretenses; (g) transmit viruses, worms, defects, Trojan horses, or other items of a destructive nature; (h) take any action that imposes an unreasonably large load on our IT infrastructure; (i) modify, adapt, translate, or reverse engineer any portion of the Service; or (j) use the Service for any purpose that is unlawful or prohibited by these Terms.
4. ACCOUNT REGISTRATION, ACCESS AND SECURITY
To use the Service, you must create an account. You agree to:
• provide accurate, current, and complete information during registration, including a valid email address;
• promptly update your account information to maintain its accuracy and completeness;
• maintain the strict confidentiality of your account credentials, including your username and password;
• not share your account credentials with any third party or permit any third party to access or use your account;
• ensure that you fully log out of your account at the end of each session;
• immediately change your password if you become aware or suspect that your account has been compromised; and
• immediately notify Mow Ur Grass LLC of any unauthorized access to or use of your account, or any other breach of security.
You are solely responsible and liable for all activity conducted under your account, whether or not authorized by you. Mow Ur Grass LLC reserves the right to deny, suspend, or terminate any account at any time, for any reason, in its sole discretion, without prior notice or liability.
You are responsible for ensuring that your credentials are kept confidential and secure. If your account is compromised as a result of your own negligence, Mow Ur Grass LLC shall not be responsible for any resulting damages.
(i) Background Checks. To the extent permitted by applicable law, Mowers are subject to a review process before they can register on, and during their use of, the Service, which includes identity verification and criminal background checks, using third party services as appropriate (“Background Check(s)”). If a Mower, to the extent permitted under applicable law, you agree to undergo such Background Checks. Mow Ur Grass cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Service.
(ii) Professional Licensing. Mow Ur Grass does not independently verify that Mowers have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Tasks. It may be unlawful to perform certain types of Tasks without a license, permit and/or registration, and performing same may result in law enforcement action and/or penalties or fines. Mowers are solely responsible for avoiding such prohibited Tasks. If you have questions about how national, state, and/or local laws apply to your Tasks on the Service, you should first seek appropriate legal guidance. Mowees are solely responsible for determining if a Mower has the skills and qualifications necessary to perform the specific Task and confirming that the Mower has obtained all required licenses, permits, or registrations, if any. Mowees may wish to consult their national, state, and/or local law requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional.
(iii) Service Agreement The Service allows Users to offer, search for and book Tasks. After identifying and selecting a Mower to perform a Task, the Mowee and the Mower may communicate via the chat thread in the Service (the “Chat Thread”) to understand the scope, schedule and other details of the Task (including, without limitation, any specific hazards, obstacles, or impediments in the Task location (whether visible or concealed) that may impact the performance of the Task). Once the Task is scheduled via the Service by the Mower, the Mowee and Mower form a legally binding contract for the Task, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to, by the Mowee and the Mower in the Chat Thread for the Task (the “Service Agreement”). The Mowee and the Mower each agree to comply with the Service Agreement and the Agreement during the engagement, performance and completion of a Task.
Mowers are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks; and acknowledge that there is a chance for individual profit or loss. Mow Ur Grass is not a party to any Service Agreement. The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Mow Ur Grass.
(iv) Other Parties (a) Mower Assistants. Where approved in advance by the Mowee in the Chat Thread for the Task, Mowers may engage assistants, helpers, subcontractors or other personnel (“Mower Assistant(s)”) to perform all or any part of a Task; provided that such Mower Assistants have registered through the Service and meet all of the requirements applicable to the Mower as set out in the Agreement. The Mower assumes full and sole responsibility for the acts and omissions of all Mower Assistants used in its performance of Tasks and is fully responsible for: (a) the lawful payment of all compensation, benefits and expenses for its Mower Assistants, (b) all required and applicable tax withholdings as to such Mower Assistants, and (c) ensuring all Mower Assistants are registered Mowers on the Service.
(b) Mowee Agents. The Mowee agrees that if they have authorized someone other than the Mowee to book a Task on their behalf or to be present in their stead when the Task is performed, the Mowee is appointing that person as their agent (“Mowee Agent(s)”), and the Mowee is deemed to have granted to the Mowee Agent the authority to act as their agent in relation to the applicable Task. Mowee Agents may direct or instruct the Mower’s performance of the Task, and the Mower may follow such direction as if the direction was given by the Mowee. The Mowee assumes full and sole responsibility for the acts and omissions of Mowee Agents.
5. Fees
Mow Ur Grass charges a six percent service fee (“Service Fee) to both Mowers and Mowees for each job task.
Here is an Example: Mowee posts a job for $100.
Mowee pays a total of $106 (this includes the six percent service fee paid to Mow Ur Grass).
Mower makes $94. (Six percent service fee paid to Mow Ur Grass is deducted from the Mower’s fee).
6.1 Stripe-Processed Marketplace Payments For transactions between Mowees and Mowers processed directly through the Service via Stripe, billing is governed by the terms set forth in Section 7 (Payment Processing — Stripe) and Section 5 (Fees). Mow Ur Grass LLC will provide transaction receipts and will maintain records of all Stripe-processed payments as required by applicable law.
6.2 MERCHANT OF RECORD For payments between Mowees and Mowers processed through Stripe, Mow Ur Grass LLC acts as the technology Service facilitating the transaction; Stripe serves as the payment processor.
The allocation of merchant-of-record status for such transactions shall be as set forth in Mow Ur Grass LLC’s agreement with Stripe and disclosed to users as required by applicable law, including applicable New Jersey consumer protection statutes and any applicable sales tax obligations.
7. PAYMENT PROCESSING — STRIPE
All in-app payments for services arranged through the Mow Ur Grass LLC marketplace are processed through Stripe, Inc. (“Stripe”), our third-party payment processor. By using the payment features of the Service, you agree to be bound by Stripe’s Terms of Service and Privacy Policy, available at stripe.com.
Mow Ur Grass LLC does not store full payment card numbers or banking information on its own servers. All payment information is transmitted directly to and processed by Stripe pursuant to its security standards. Mow Ur Grass LLC is not responsible for any errors, failures, or security incidents occurring within Stripe’s payment processing infrastructure.
By initiating a payment through the Service, you authorize Mow Ur Grass LLC and Stripe to charge the payment method you provide for all fees and amounts due. You represent and warrant that you are authorized to use the payment method you provide and that all payment information you submit is accurate and complete.
8. Payment Processing and Escrow
8.1 Mow Ur Grass LLC acts solely as a neutral payment processor and escrow agent for transactions between Mowees and Mowers. Upon a Mower marking a job as complete, escrowed funds will be automatically released to the Mower within forty eight (48) hours unless the Mowee initiates a dispute through the Service within that window.
Mow Ur Grass LLC does not evaluate, judge, or make any determination regarding the quality or satisfactory completion of any services. Any dispute regarding whether services were performed as agreed is solely between the Mowee and the Mower. In the event of an unresolved dispute, Mow Ur Grass LLC will continue to hold funds until the parties reach resolution or a determination is made by a neutral third-party arbitrator or court of competent jurisdiction.
Mow Ur Grass LLC's role in the payment process is purely administrative and does not constitute any representation, warranty, or guarantee regarding the quality of services performed.
Mow Ur Grass LLC is not a party to any service agreement between a Mowee and a Mower and has no role in determining whether services were performed satisfactorily. All disputes regarding the quality, scope, or outcome of services are solely between the Mowee and the Mower. Mow Ur Grass LLC provides no warranty, guarantee, or assurance regarding the quality of any services performed by any Mower.
8.2 No Breach During Active Dispute. By agreeing to these Terms, Mowers expressly acknowledge and agree that the indefinite freezing of escrowed funds during an active dispute shall not constitute a breach of contract, breach of any payment obligation, or violation of any other duty owed by Mow Ur Grass to the Mower or Mowee, regardless of the duration of such freeze.
8.3 Limitation of Mow Ur Grass Liability. Mow Ur Grass's maximum liability arising out of or related to any property damage claim, which includes a residence, commercial property or automobile made by a user of the Service shall not exceed the total service fee held in escrow for the applicable engagement. Mow Ur Grass shall have no liability for consequential, incidental, or punitive damages arising from property damage claims. Nothing in this Section shall be construed to impose upon Mow Ur Grass any obligation to investigate, adjudicate, or compensate property damage claims. Both parties are strongly encouraged to maintain adequate insurance coverage for property damage risks.
9. SUBSCRIPTION CHANGES AND PRICE MODIFICATIONS FOR MOBILE APP VERSION
OF THE SERVICES There is no fee charged to users to register or subscribe to use the Service.
9.1 Adjustment of Subscription Terms We reserve the right, at our sole discretion, to modify, suspend, or terminate any subscription service, or to replace, change, or update any part of these subscription terms at any time. This includes, but is not limited to, changing the scope of subscription services, fees, billing methods, and service features.
9.2 Price Changes We may adjust the pricing for our fees at any time at our sole discretion. Any price changes will take effect following email notice to you at the email address associated with your account, or upon an announcement prominently displayed on our Service.
9.3 Notification of Changes We will provide advance notice before any new subscription terms or price changes take effect.
Notification will be sent to the email address associated with your account or will be prominently displayed on our Service. The advance notice period will be no less than thirty (30) days except where a shorter period is required by the applicable app store Service or by law.
9.4 Continued Use After Changes Your continued use of the subscription service after the applicable notice period constitutes your acceptance of the modified terms or new pricing. If you do not agree with the changes, you have the right to cancel your subscription before the new terms or prices take effect pursuant to Section 9 of these Terms.
10. CANCELLATION, ACCOUNT DELETION, AUTO-RENEWAL, REFUNDS AND PRICE
CHANGES 10.1 Cancellation You may cancel your subscription at any time through the App Store (via your Apple ID account settings) or Google Play (via your Google account settings), as applicable. Access to paid features of the Service continues through the end of the then-current paid billing period.
Following expiration of the paid billing period, your account may enter a restricted-access state in which certain features are disabled. No User data is deleted upon cancellation. If you resubscribe, full access will be restored in accordance with the applicable subscription plan.
10.2 Account Deletion You may request permanent deletion of your account and all associated personal data by navigating to App Settings > Delete Account within the mobile application. Upon confirmed deletion, all personal and financial data will be purged from Mow Ur Grass LLC systems in accordance with applicable privacy laws, including the New Jersey Identity Theft Prevention Act (N.J.S.A. 56:8-161 et seq.) and other applicable data protection statutes. Third-party Service subscriptions (App Store / Google Play) must be cancelled by you separately and directly through those Services. Mow Ur Grass LLC cannot cancel App Store or Google Play subscriptions on your behalf.
10.3 Auto-Renewal Subscriptions for the mobile app version of the Service automatically renew at the end of each billing period (monthly or annual, as applicable) unless you cancel through your Apple ID or Google Play account settings prior to the renewal date. You may disable auto-renewal at any time through your respective app store account settings. Auto-renewal charges will be made to the payment method on file with the applicable app store.
10.4 Refunds App Store subscribers are subject to Apple’s then-current refund policies. Google Play subscribers are subject to Google’s then-current refund policies. Mow Ur Grass LLC does not have the ability to issue refunds for purchases made through the Apple App Store or Google Play, and cannot guarantee refunds or override Apple’s or Google’s decisions regarding refund requests. For marketplace payments processed through Stripe, refund eligibility is governed by the terms agreed upon between the Job Poster and Contractor, subject to Mow Ur Grass LLC’s dispute resolution procedures.
11. BILLING TERMS FOR USE OF THE MOBILE APPLICATION
11.1 App Store and Google Play Subscribers For users who subscribe to paid features through the Apple App Store or Google Play Store: all billing, charges, refunds, and cancellations are managed exclusively by Apple or Google, respectively, pursuant to their then-current policies. All billing disputes regarding App Store or Google Play charges must be directed to the applicable Service. Mow Ur Grass LLC does not process payments for, nor does it have access to, the payment methods of App Store or Google Play subscribers.
11.2 In-App Purchase Services Subscriptions and in-app purchases may be made through:
• Apple App Store In-App Purchases (subject to Apple’s payment terms and policies); or
• Google Play Billing (subject to Google’s payment terms and policies).
12. PROHIBITED USES / ACCEPTABLE USE POLICY
You agree not to, and will not attempt to, use the Service in any manner that violates these Terms or applicable law. Without limiting the foregoing, the following uses are expressly prohibited: 12.1 Security / Technical Abuse
• Hack, disrupt, damage, overload, or impair the Service or any related infrastructure;
• Access systems, accounts, or data without authorization;
• Introduce malware, spyware, ransomware, viruses, worms, Trojan horses, or other harmful code;
• Scrape, harvest, mine, or extract data from the Service without express prior written permission from Mow Ur Grass LLC;
• Attempt to reverse engineer, decompile, or otherwise derive source code from the Service.
12.2 Unauthorized Commercial Use
• Resell, sublicense, rent, lease, or provide access to the Service to others for compensation outside of permitted marketplace activities;
• Use the Service in connection with a competing business or to build a competing Service.
12.3 Marketplace Integrity
• Post fraudulent, fictitious, misleading, or duplicate job listings or bids;
• Arrange for services through the Service and then complete payment for those services outside of the Service, thereby circumventing applicable fees or payment processing;
• Solicit other users to conduct transactions outside of the Service Service;
• Misrepresent your identity, qualifications, professional licenses, certifications, or credentials as a Contractor or Job Poster;
• Create multiple or duplicate accounts;
• Access or use another user’s account without authorization.
12.4 Unlawful and Discriminatory Use
• Use the Service in violation of any applicable federal, state, or local law, including New Jersey consumer protection laws (N.J.S.A. 56:8-1 et seq.), financial fraud laws, identity theft laws, data privacy laws, or employment laws;
• Engage in any discriminatory conduct prohibited under the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) or any other applicable anti-discrimination statute;
• Use the Service to facilitate unlicensed contractor, construction, trade, or professional work in violation of any applicable New Jersey licensing law or regulation.
We reserve the right to investigate and, where appropriate, report to law enforcement any suspected unlawful activity. We reserve the right to suspend or terminate accounts engaged in prohibited behavior, at our sole discretion and without prior notice.
13. USER CONTENT, DATA RIGHTS, AND AI PROCESSING
13.1 Definitions “YOUR DATA” means all electronic data or personal information submitted, uploaded, imported, processed through, collected from, made available by, produced by, or resulting from your use of the Service, regardless of whether the Data is owned by you during the time you use the Service. Your Data may include information inputted by you (“User Input”) into the Service, including name, email address, account profile information, job postings, bid submissions, preferences, financial information, support communications, and conversation messages you enter into the Service.
All of your Data is designed, created, and provided solely by you without the participation or involvement of Mow Ur Grass LLC. You are responsible for any actions you take with respect to Your Data. You are responsible for ensuring that you have all the rights and permissions needed for you, Mow Ur Grass LLC, and third-party vendors to use your Data in connection with the Service. Mow Ur Grass LLC shall not be liable to you or any third parties for any loss, damage, or expense arising from any of Your Data entered into the Service by you or by a third party on your behalf.
You grant a revocable license and consent to Mow Ur Grass LLC to store and process Your Data in compliance with our Privacy Policy. You grant a revocable license and consent to users including third-party vendors to use Your Data in conjunction with their use of the Service for the purpose of providing marketplace functionality.
14. THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
This Service may feature information, materials, products, and services provided by third parties, which may include content providers, payment processors, advertisers, and other users (collectively, “Third Party Information”). All such information, materials, products, and services made available by a third party are those of the third party and not Mow Ur Grass LLC. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third-party information, materials, products, or services.
You agree that we have no responsibility or duty to review, pre-screen, or approve and that we shall not be responsible or liable for any third-party information, materials, products, or services, or any loss or damage of any kind suffered by you or any third party arising out of or relating to any of them.
If you choose to communicate or contract with any third party, or use any information, materials, services, or products of any third party, you agree that you will address any issues or disputes regarding such matters directly with the third party, and not with Mow Ur Grass LLC. Your participation in any services provided by a third party will constitute your consent to such third party’s terms of service.
15. LINKS TO THIRD PARTY SITES
This Service may contain links, inline frames, feeds, and embedded content to or from websites (“Third Party Links”) operated by parties other than Mow Ur Grass LLC. Such links are provided for your convenience only and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that Mow Ur Grass LLC is not responsible or liable for such websites, their availability or contents, any products or services they offer, or any damages any of the foregoing may cause you.
IN NO EVENT SHALL MOW UR GRASS LLC BE LIABLE FOR ANY DAMAGES SUFFERED BY A USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE OR THIRD PARTY WEBSITE OR RELATED SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE NEW JERSEY LAW, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY.
The Website utilizes Google Maps, Google Translate and related content licensed to us by Google and its licensors. By using the Google Maps and Google Translate features available on the Website, you are agreeing to be bound by the applicable policies, Terms of Use of Google.
LINKING TO OUR SERVICE Mow Ur Grass LLC consents only to links to this Service that do not: (a) create frames around any page on this Service or use techniques that alter the visual presentation of any content; (b) misrepresent your relationship with Mow Ur Grass LLC; (c) imply that Mow Ur Grass LLC approves or endorses you, your website, or your service or product offerings; or (d) present false or misleading impressions about Mow Ur Grass LLC or otherwise damage the goodwill associated with Mow Ur Grass LLC’s name or trademarks. Mow Ur Grass LLC may at any time, in its sole discretion, terminate permission to link to this Service.
THE CONTENT OF OTHERS Content on the Service may be produced by other users and third parties. Such content is the sole responsibility of the person or organization that submitted it. Although Mow Ur Grass LLC reserves the right to review all content and to remove any content that violates these Terms, we do not necessarily review all of it. Mow Ur Grass LLC cannot, and does not, take responsibility for any content that others provide through the Service.
Any opinions, advice, statements, services, offers, or other information expressed or made available by users and third parties are those of the respective author(s) and not of Mow Ur Grass LLC. Any use or reliance on any content posted via the Service is at your own risk.
You may post User Content through the Service. You must not post any User Content that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory, libelous, defamatory, obscene, or otherwise objectionable, or that contains ethnic, sexual, racial, or other discriminatory slurs. You are prohibited from posting any government-issued identification numbers (including social security numbers, passport numbers, driver’s license numbers, immigration numbers, or similar identifiers).
Please note: Section 230 of the U.S. Communications Decency Act provides that no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider, and shall not be held liable for any action voluntarily taken in good faith to restrict access to or availability of objectionable material.
LICENSE TO USER CONTENT AND FEEDBACK You retain your ownership rights to any Content you submit, post, or display on or through the Service. By submitting, posting, or displaying Content on or through the Service, you grant Mow Ur Grass LLC a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed), for the purpose of operating, promoting, and improving the Service.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit. If you desire to revoke the license granted herein for any User Content, you must email Mow Ur Grass LLC at: support@mowurgrass.com with a verified written request that complies with the requirements described in the original agreement.
If you provide Feedback to Mow Ur Grass LLC about the functionality and performance of the Service, you hereby grant to Mow Ur Grass LLC a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, sell, make, sublicense, reproduce, distribute, perform, display, prepare derivative works from, and otherwise exploit all such Feedback for any purpose without restriction or compensation to you.
CONFIDENTIAL INFORMATION Mow Ur Grass LLC does not want to receive confidential or proprietary information from you through our Service. Please note that any information or material sent to Mow Ur Grass LLC will be deemed NOT to be confidential. By sending Mow Ur Grass LLC any information or material, you grant Mow Ur Grass LLC an unrestricted, irrevocable license to use, copy, reproduce, publish, upload, post, transmit, distribute, and publicly display those materials or information.
Personally identifiable information that you submit to Mow Ur Grass LLC for the purpose of Receiving products or services will be handled in accordance with our Privacy Policy.
16. PRIVACY
You agree that we may collect, use, and share information about you in any manner permitted by the Privacy Policy posted on this Service. The Privacy Policy is incorporated into these Terms by reference.
17. YOUR ACCOUNT
You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your devices, and for all activities that occur under your password or your account. You agree: (a) that you will not disclose your password to anyone; (b) that you will not allow others to utilize your account; (c) to ensure that you fully log out of your account at the end of each session; (d) to immediately change your password if you become aware that your account has been compromised; (e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security; and (f) that you will be solely responsible for safeguarding your password and for any actions taken under your account, whether authorized by you or not.
18. RESPECTING COPYRIGHT
We honor the requirements set forth in the Digital Millennium Copyright Act (DMCA). We take reasonable steps to expeditiously remove from our Service any infringing material that we become aware of. If Mow Ur Grass LLC becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
To report suspected copyright infringement, please contact us: Mow Ur Grass LLC Attn: DMCA Administrator Email: support@mowurgrass.com Any notice must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), including: (i) the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and email address; (v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
19. SOFTWARE AVAILABLE ON THIS SERVICE
Any software made available through the Service (“Software”), including through any mobile application store, is the copyrighted work of Mow Ur Grass LLC and/or its suppliers. Your use of any Software is governed by these Terms. All Software is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software is expressly prohibited by law and may result in severe civil and criminal penalties.
Third-Party Software: The software you download in connection with any App may include components of third-party software provided under separate license terms. Your use of such third-party software in a manner consistent with these Terms is permitted; however, you may have broader rights under applicable third-party terms, and nothing in these Terms is intended to impose further restrictions on your use of such third-party software.
Intellectual Property Rights You acknowledge that all intellectual property rights in the Service and the Mow Ur Grass LLC mobile application anywhere in the world belong to Mow Ur Grass LLC or its licensors, that rights in the Service are licensed (not sold) to you, and that you have no rights in or to the Service other than the right to use it in accordance with these Terms. You acknowledge that you have no right to access the Service in source-code form.
Trademark Information You agree that all of Mow Ur Grass LLC’s trademarks, trade names, service marks, and other logos and brand features displayed via the Service (collectively, the “Marks”) are trademarks and the property of Mow Ur Grass LLC. You agree not to display or use the Marks in any manner without Mow Ur Grass LLC’s prior written permission. Sponsor and third-party website trademarks are the property of the respective sponsors and third parties. The display of any such trademarks via the Service does not imply an affiliation with Mow Ur Grass LLC.
20. MODIFICATION OF TERMS OF USE
Mow Ur Grass LLC reserves the right to change these Terms of Use at any time in its sole discretion, without prior notice, by posting the modified Terms on this Service. By using the Service after our posting of any changes (other than simply to read the modified terms and delete your account), you agree to the changes and the modified terms. All changes shall be effective immediately upon posting and shall apply prospectively only.
21. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE, USER CONTENT, OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT MOWURGRASS DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO MOWEES AND MOWERS. THE SERVICE AND COLLECTIVE CONTENT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOWURGRASS AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS SERVICE OR TASKS OFFERED ON OR THROUGH THIS SERVICE; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. MOWURGRASS MAKES NO WARRANTY THAT THE SERVICE OR TASKS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOWURGRASS ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE. MOWURGRASS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOWURGRASS OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY UNDER APPLICABLE LAW, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE OR JURISDICTION-BY-JURISDICTION.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY MOWEES, MOWERS, THEIR AGENTS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT MOWURGRASS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS ON OR MADE THROUGH THE SERVICE OR TO REVIEW OR VET ANY MOWERS OR THEIR AGENTS. MOWURGRASS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE TASKS.
MOWURGRASS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS, OR THIRD PARTIES.
MOWURGRASS MAY PROVIDE PHONE NUMBERS THAT MOWEES PROVIDE IN CONNECTION WITH A REQUEST TO MOWERS. SUCH PHONE NUMBERS ARE NOT VERIFIED AND MOWURGRASS MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.
United states federal law and some states, including New Jersey, and other jurisdictions may not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.
New Jersey Consumer Protection Notice: Nothing in this Disclaimer shall be construed to limit or waive any rights or remedies you may have under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) or any other applicable New Jersey consumer protection statute. To the extent any disclaimer herein is unenforceable under New Jersey law, such disclaimer shall be modified only to the minimum extent necessary to comply with applicable law, and all remaining disclaimers shall remain in full force and effect.
21.1 Disclaimer — Third Party Integrated Services TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT MOW UR GRASS LLC IS NOT RESPONSIBLE FOR THE USE OF ANY THIRD-PARTY PRODUCTS, THIRD-PARTY INTEGRATED SERVICES, OR SUBPROCESSOR SERVICES THAT INTEROPERATE WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO STRIPE, APPLE APP STORE, AND GOOGLE PLAY.
21.2 Disclaimer — Account Credentials YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR ACCOUNT CREDENTIALS ARE KEPT CONFIDENTIAL AND SECURE. IF YOUR ACCOUNT IS COMPROMISED AS A RESULT OF YOUR OWN NEGLIGENCE, Mow Ur Grass LLC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM SUCH NEGLIGENCE.
21.3 Accuracy of Information Mow Ur Grass LLC does not warrant or guarantee that any information contained on the Service is accurate, complete, reliable, current, or error-free.
22. ASSUMPTION OF RISK, RELEASE, & LIMITATION OF LIABILITY
22.1 Assumption of Risk BY USING THE SERVICE, YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE AND YOUR INTERACTIONS WITH OTHER USERS, INCLUDING MOWEES, MOWERS AND ANY OTHER THIRD PARTIES YOU MAY ENCOUNTER THROUGH THE SERVICE, WHETHER ONLINE OR OFFLINE. SUCH RISKS INCLUDE, WITHOUT LIMITATION: PROPERTY DAMAGE, PERSONAL INJURY, FINANCIAL LOSS, FRAUD, MISREPRESENTATION, UNSAFE WORKING CONDITIONS, AND ANY OTHER HARM ARISING FROM SERVICES ARRANGED THROUGH THE SERVICE.
YOU ACKNOWLEDGE THAT MOW UR GRASS MAY SCREEN, VERIFY, BACKGROUND CHECK, LICENSE, OR OTHERWISE INVESTIGATE THE QUALIFICATIONS, CREDITWORTHINESS, IDENTITY, OR BACKGROUND OF ANY USER, INCLUDING CONTRACTORS, HOWEVER MOW UR GRASS DOES NOT WARRANT THEIR ACURACY OR COMPLETENESS. YOUR DECISION TO ENGAGE ANY USER THROUGH THE SERVICE IS MADE AT YOUR SOLE AND EXCLUSIVE RISK.
22.2 Release of Other Users TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAW OF THE STATE OF NEW JERSEY, YOU HEREBY RELEASE AND FOREVER DISCHARGE ALL OTHER USERS OF THE SERVICE (INCLUDING MOWEES AND MOWERS), AND THEIR RESPECTIVE AGENTS, HEIRS, ASSIGNS, AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR INTERACTIONS OR TRANSACTIONS WITH SUCH OTHER USERS, WHETHER OCCURRING ON OR OFF THE SERVICE.
You acknowledge that New Jersey law, including N.J.S.A. 2A:15-5.1 et seq. (Comparative Negligence Act), governs fault allocation in civil actions. Nothing in this Release is intended to release claims against Mow Ur Grass LLC for its own gross negligence, recklessness, or willful misconduct, to the extent such claims cannot be waived under applicable New Jersey law.
Subject to the foregoing, Mow Ur Grass LLC has no liability for any claims, injuries, loss, harm, or damages arising from or in any way related to your interactions or dealings with other users and the acts and/or omissions of other users, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by applicable law, YOUR USE AND/OR PROVISION OF USING THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
22.3 Limitation of Liability You acknowledge and agree that Mow Ur Grass is only willing to provide the Services if you agree to certain limitations of our liability to you and third parties, as set out in this Section and elsewhere in the Agreement.
THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING TASKS AND SERVICES OR REQUESTING OR RECEIVING TASKS AND SERVICES THROUGH THE SERVICE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MOWURGRASS OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER MOWURGRASS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOWURGRASS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE; (E) THE USE OF OR INABILITY TO USE THE SERVICE, TASKS OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE; OR (G) YOUR OFFERING OR PROVIDING TASKS OR SERVICES OR REQUESTING OR RECEIVING TASKS OR SERVICES THROUGH THE SERVICE.
Nothing in the Agreement excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, some jurisdictions including New Jersey may not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE MOWURGRASS PARTIES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED: IF YOU ARE A MOWEE: THE TOTAL SERVICE FEES ACTUALLY PAID BY YOU DIRECTLY TO MOW UR GRASS LLC IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. "SERVICE FEES" MEANS SOLELY THE SIX PERCENT (6%) SERVICE FEE RETAINED BY MOW UR GRASS LLC AS ITS OWN REVENUE, EXPRESSLY EXCLUDING ANY AMOUNTS PAID THROUGH THE SERVICE TO MOWERS FOR THE PERFORMANCE OF SERVICES, WHICH ARE HELD AND DISBURSED IN ESCROW AND ARE NOT REVENUE OF MOW UR GRASS LLC; OR IF YOU ARE A MOWER: THE TOTAL AMOUNTS REMITTED TO YOU THROUGH THE SERVICE'S PAYMENT PROCESSING FUNCTION IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE, REPRESENTING PAYMENTS MADE BY MOWEES TO YOU FOR TASKS PERFORMED. THESE AMOUNTS ARE MOWEE PAYMENTS DISBURSED THROUGH MOW UR GRASS LLC SOLELY IN ITS CAPACITY AS A NEUTRAL PAYMENT PROCESSOR AND ESCROW AGENT, AND DO NOT CONSTITUTE COMPENSATION PAID BY MOW UR GRASS LLC.
IN EACH CASE TO THE EXTENT PERMITTED BY APPLICABLE LAW.
22.3 (a) Gross Negligence and Willful Misconduct Carve-Out Notwithstanding any other provision of Section 22.3, the liability limitations, exclusions, and caps set forth in this Section 22.3 do not apply to, and shall not be construed to limit, exclude, or cap, any liability of Mow Ur Grass LLC arising from:
● The gross negligence of Mow Ur Grass LLC or any of the MowUrGrass Parties;
● The recklessness of Mow Ur Grass LLC or any of the MowUrGrass Parties; or
● The willful misconduct, intentional wrongdoing, or fraudulent acts of Mow Ur Grass LLC or any of the MowUrGrass Parties; to the extent that such claims cannot be limited, excluded, or capped under applicable New Jersey law.
Nothing in Section 22.3 — including any exclusion of consequential, indirect, incidental, special, exemplary, or punitive damages — shall be read to eliminate or reduce any remedy available to a User under New Jersey law for gross negligence, recklessness, or willful misconduct on the part of Mow Ur Grass LLC, where such remedy cannot be waived or limited by private agreement under applicable law.
For the avoidance of doubt, this carve-out applies solely to claims directly attributable to the gross negligence, recklessness, or willful misconduct of Mow Ur Grass LLC itself, and does not extend to claims arising from the acts or omissions of any Mower, Mowee, or other third party using the Service, regardless of any theory of vicarious liability, agency, or joint enterprise, all of which are expressly disclaimed elsewhere in these Terms.
New Jersey Consumer Protection Notice. Nothing in Section 22.3 shall be construed to limit or waive any rights or remedies you may have under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), the New Jersey Products Liability Act (N.J.S.A. 2A:58C-1 et seq.), or any other applicable New Jersey consumer protection or tort statute, to the extent such rights and remedies cannot be waived or limited under applicable law. To the extent any liability limitation in Section 22.3 is unenforceable under New Jersey law, such limitation shall be modified only to the minimum extent necessary to comply with applicable law, and all remaining limitations shall remain in full force and effect.
22.4 Order of Precedence — Property Damage Liability Cap Notwithstanding any other provision of these Terms, the following order of precedence shall govern the applicable liability cap in the event of any conflict between Section 8.3 and Section 22.3: (A) Property Damage Claims — Section 8.3 Controls For any claim arising out of or related to property damage — including but not limited to damage to any residence, structure, vehicle, or personal property occurring in connection with the performance of any Task arranged through the Service — the liability cap set forth in Section 8.3 shall govern exclusively and shall control over the general liability cap set forth in Section 22.3. Specifically, Mow Ur Grass LLC's maximum liability for any such property damage claim shall not exceed the total Service fee held in escrow for the specific engagement from which the property damage claim arises, regardless of the total fees paid by or to any User over any period of time.
(B) All Other Claims — Section 22.3 Controls For any claim not arising out of or related to property damage — including but not limited to claims for financial loss, fraud, misrepresentation, personal injury, data loss, service interruption, or any other harm arising from use of the Service — the general liability cap set forth in Section 22.3 shall govern exclusively. Under Section 22.3, Mow Ur Grass LLC's aggregate liability shall not exceed:
● If you are a Mowee: the total Service fees actually paid by you directly to Mow Ur Grass LLC in the six (6) months immediately preceding the date on which the claim arose. “Service fees” means solely the six percent (6%) service fee retained by Mow Ur Grass LLC as its own revenue, expressly excluding any amounts paid through the Service to Mowers for the performance of services, which are held and disbursed in escrow and are not revenue of Mow Ur Grass LLC; or
● If you are a Mower: the total amounts remitted to you through the Service’s payment processing function in the six (6) months immediately preceding the date on which the claim arose, representing payments made by Mowees to you for Tasks performed.
These amounts are Mowee payments disbursed through Mow Ur Grass LLC solely in its capacity as a neutral payment processor and escrow agent, and do not constitute compensation paid by Mow Ur Grass LLC.
Notwithstanding the foregoing, nothing in this Section shall limit or cap any liability of Mow Ur Grass LLC arising from (a) violations of the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), including statutory treble damages, attorney's fees, and costs; (b) personal injury or wrongful death; or (c) gross negligence, recklessness, or willful misconduct by Mow Ur Grass LLC, to the extent any such limitation is unenforceable under applicable New Jersey law."
(C) No Duplication of Recovery In no event shall any User be entitled to recover under both Section 8.3 and Section 22.3 for the same claim, cause of action, or underlying set of facts. The application of either cap to a given claim shall preclude the application of the other cap to the same claim. Where a claim involves both property damage and non-property damage components, Mow Ur Grass LLC's total aggregate liability for all components of such claim shall not exceed the greater of the two applicable caps, and shall not be additive.
(D) Liability Ceiling — Tiered by Claim Type Notwithstanding Sections 8.3, 22.3, and 22.4(A) and (B) above, and subject to the express carve-outs set forth in Section 22.3(a) and the New Jersey Consumer Protection Notices contained herein, Mow Ur Grass LLC’s total aggregate liability to any single User arising out of any single engagement or transaction shall be governed by the following tiered ceiling, to the extent permitted by applicable New Jersey law: (i) For claims arising from Service or technology failures, service interruptions, data loss, or failures of the Service to function as intended: the greater of (x) the total Service fees actually paid by the claimant to Mow Ur Grass LLC in connection with the specific engagement giving rise to the claim, or (y) fifty dollars ($50.00); (ii) For claims arising from fraud, misrepresentation, or deceptive practices by Mow Ur Grass LLC: uncapped, as required by the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), which provides for treble damages, attorney’s fees, and costs that may not be waived or limited by private agreement under applicable New Jersey law; (iii) For claims arising from personal injury or wrongful death attributable to Mow Ur Grass LLC’s own gross negligence, recklessness, or willful misconduct: uncapped, as limitations on such personal injury liability in consumer contracts violate New Jersey public policy and are unenforceable; (iv) For all other claims not described in subsections (i), (ii), or (iii) above: the greater of (x) the total Service fees actually paid by or remitted to the claimant through Mow Ur Grass LLC in the six (6) months immediately preceding the date on which the claim arose, or (y) two hundred fifty dollars ($250.00), to the extent permitted by applicable New Jersey law. Nothing in this Section 22.4(D) shall be construed to cap, limit, or reduce any liability of Mow Ur Grass LLC for its own gross negligence, recklessness, or willful misconduct, or for any violation of the New Jersey Consumer Fraud Act, to the extent such liability cannot be limited under applicable New Jersey law, as further set forth in Section 22.3(a).
(E) Survival The liability caps and order of precedence set forth in this Section 22.4 shall survive the termination or expiration of these Terms and shall apply to any claim arising from events occurring during the period in which these Terms were in effect, regardless of when such claim is asserted.
23. Users’ indemnification obligations are set out below in this Section. Mow Ur Grass
reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Mow Ur Grass.
A. Mowee Indemnification.
If you are a Mowee, you shall indemnify, defend, and hold harmless Mow Ur Grass and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Service; (ii) your breach or violation of the Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your use of any third-party links or websites that appear on the Service; (v) any User Generated Content and/or Feedback submitted by you or using your account to the Service, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any Mowee Agents.
B. Mower Indemnification.
If you are a Mower, you shall indemnify, defend, and hold harmless Mow Ur Grass and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Service; (ii) your participation in Tasks, or your ability or inability to perform Tasks or to receive payment therefor; (iii) your breach or violation of the Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your destruction of or causing any damage to any property of any kind including residences, commercial buildings or automobiles; (vi) any acts by you or any of your assistants that cause harm, injury or death to any human or pet; (vii) you or any of your assistants negligence, gross negligence, criminal acts, omissions or fraud; (viii) your failure to obtain all necessary local, county or state licensing; and (ix) any User Generated Content and/or Feedback submitted by or about you or using your account to the Service, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (x) the acts or omissions of any Mower Assistants.
24. GOVERNING LAW AND ARBITRATION
By using Mow Ur Grass LLC’s Service, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Mow Ur Grass LLC.
25. DISPUTES
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF MOW UR GRASS LLC’S SERVICE SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN OCEAN COUNTY, NEW JERSEY, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT WWW.ADR.ORG.
YOU AND MOW UR GRASS LLC AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM. PLEASE NOTE THAT CERTAIN NEW JERSEY STATUTES, INCLUDING THE NEW JERSEY CONSUMER FRAUD ACT (N.J.S.A. 56:8-1 ET SEQ.), MAY PROVIDE YOU WITH RIGHTS THAT CANNOT BE WAIVED BY PRIVATE AGREEMENT. NOTHING IN THIS ARBITRATION PROVISION SHALL BE CONSTRUED TO WAIVE ANY SUCH STATUTORY RIGHTS TO THE EXTENT THEY CANNOT BE WAIVED UNDER APPLICABLE LAW.
THE ARBITRATOR SHALL APPLY NEW JERSEY LAW. 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, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE, OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN OCEAN COUNTY, NEW JERSEY.
Mow Ur Grass LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mow Ur Grass LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service.
You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign any and all of our rights and obligations under these Terms freely at any time without notice.
Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall our waiver of any breach or default constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Where the Service has a feature that enables translation of these Terms into a language other than English, the English language version of the Terms shall govern.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 these Terms shall continue in effect.
These Terms constitute the entire agreement between you and Mow Ur Grass LLC with respect to the Service, except as otherwise indicated herein.
26. Ratings and Reviews Policy
1. Overview
The Mow Ur Grass LLC Service includes a ratings and review system ("Review System") that allows Mowees to rate and review Mowers following the completion of a service, and allows Mowers to rate and review Mowees following a transaction. The Review System is provided solely as a neutral, user-generated information tool to facilitate transparency between Service users.
2. Nature of Ratings and Reviews
All ratings and reviews submitted through the Service are solely the opinions and experiences of the individual users who submit them. Ratings and reviews do not represent the views, opinions, positions, or recommendations of Mow Ur Grass LLC in any respect.
Mow Ur Grass LLC expressly disclaims any and all of the following with respect to any rating or review appearing on the Service:
● No Endorsement. Mow Ur Grass LLC does not endorse, recommend, vouch for, certify, or sponsor any Mower or Mowee, and no rating or review on the Service shall be construed as an endorsement or recommendation of any Mower or Mowee by Mow Ur Grass LLC. The presence of a Mower on the Service, regardless of their star rating, does not constitute a recommendation or endorsement of that Mower by Mow Ur Grass LLC.
● No Verification. Mow Ur Grass LLC does not investigate, verify, validate, or confirm the accuracy, truthfulness, completeness, or reliability of any rating or review submitted by any user. Users are solely responsible for the content they submit.
● No Quality Assurance. Ratings and reviews on the Service do not reflect any evaluation, inspection, or quality assessment conducted by Mow Ur Grass LLC. Mow Ur Grass LLC makes no determination regarding the quality of any services performed by any Mower.
3. User Responsibilities for Submitted Reviews
Users who submit ratings or reviews ("Reviewers") represent and warrant that:
● The review reflects their honest, firsthand experience with the rated party;
● The review does not contain false, misleading, defamatory, or fraudulent statements;
● The review does not contain content that violates these Terms or the Mow Ur Grass LLC Acceptable Use Policy ("AUP");
● The review does not disclose any personally identifiable information of any third party;
● The review does not contain any content that is harassing, threatening, abusive, discriminatory, obscene, or otherwise objectionable; and
● The Reviewer is the sole author of the review and has the right to submit it.
Reviewers are solely legally responsible for the content of any review they submit. Mow Ur Grass LLC is not a publisher of user-submitted reviews and assumes no editorial responsibility for their content.
4. Disclaimer of Liability for Review Content
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOW UR GRASS LLC EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY RATINGS OR REVIEWS POSTED ON THE Service, INCLUDING BUT NOT LIMITED TO:
● Any inaccurate, false, misleading, or defamatory content contained in any review;
● Any reliance placed by any user or third party on any rating or review;
● Any harm, loss, or damage suffered by any Mower or Mowee as a result of any review;
● Any failure of a rating or review to reflect an accurate or complete account of any transaction or service; and
● Any dispute between users arising from or related to any rating or review.
Mow Ur Grass LLC shall not be liable to any party for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to any rating or review posted on the Service.
5. No Warranties Regarding Reviews
MOW UR GRASS LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE REVIEW SYSTEM OR ANY CONTENT SUBMITTED THEREIN, INCLUDING BUT NOT LIMITED TO:
● Any warranty of accuracy, completeness, reliability, or truthfulness of any review;
● Any warranty that reviews reflect genuine user experiences;
● Any warranty that the Review System is free from manipulation, fraud, or abuse; or
● Any warranty of fitness for a particular purpose with respect to any information derived from the Review System.
THE REVIEW SYSTEM AND ALL CONTENT THEREIN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND.
6. Review Removal Policy
Mow Ur Grass LLC's ability to remove or moderate reviews is limited strictly to the following circumstances. Mow Ur Grass LLC will not remove a review for any other reason, including a Mower's or Mowee's disagreement with the content or star rating of a review.
Mow Ur Grass LLC may, in its sole discretion, remove or restrict access to a review only if the review:
● Violates these Terms of Service;
● Violates the Mow Ur Grass LLC Acceptable Use Policy;
● Contains content that is unlawful under applicable federal or New Jersey state law;
● Is determined by a court of competent jurisdiction to be defamatory, fraudulent, or otherwise legally actionable; or
● Is submitted by an account that has been suspended or terminated for Service misconduct.
Mow Ur Grass LLC expressly does not remove reviews based on:
● A Mower's or Mowee's disagreement with the star rating assigned;
● A Mower's or Mowee's belief that the review is unfair, inaccurate, or undeserved;
● The commercial impact of a review on any Mower's business; or
● Any request from a Mower or Mowee to remove a review that does not otherwise violate these Terms or the AUP.
7. Disputes Regarding Reviews
Any dispute between a Mower and a Mowee arising from or related to a review is solely between those parties. Mow Ur Grass LLC is not a party to any such dispute and shall have no obligation to investigate, mediate, or resolve any disagreement regarding the content of any review. Users may report a review they believe violates these Terms or the AUP through the Service's reporting mechanism, and Mow Ur Grass LLC will evaluate such reports solely for compliance with Section 6 above.
8. Section 230 Notice
Mow Ur Grass LLC is an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Mow Ur Grass LLC is not the author or publisher of user-generated reviews and is not liable for any content submitted by Service users.
9. Star Rating System
The Service uses a one (1) to five (5) star rating scale for both Mower and Mowee ratings. Star ratings reflect the subjective opinion of the individual submitting the rating only. A star rating assigned to any Mower or Mowee does not reflect any assessment, evaluation, certification, or recommendation by Mow Ur Grass LLC. Mow Ur Grass LLC does not set, adjust, inflate, or otherwise manipulate any user's star rating.
27. IN APP MESSAGING
SMS Messaging/Restrictions. You understand and agree that Mow Ur Grass provides Mowees and Mowers with an in-app messaging service chat thread to facilitate your sending SMS and text messages through the Services with other Users and that Mow Ur Grass has no liability for any damages you might suffer while using this in-app messaging service chat thread.
You must comply with all applicable foreign, federal, state, provincial, and local laws, including privacy, data protection and access to information laws, when using the Mow Ur Grass in-app messaging service. For example, you are responsible for complying with all telephone recording laws and requirements, including notifying parties that telephone calls are being recorded when required. You are also responsible for, as applicable, complying with the Telephone Consumer Protection Act (TCPA), including ensuring that all voice calls, text messages and any other commercial electronic messages are sent with the recipients’ valid consent and include prescribed information and an effective unsubscribe mechanism, to the extent required. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: a. Use the Mow Ur Grass in-app messaging service chat thread for any illegal purpose or in violation of any local, state, provincial, national, or international law; b. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service; c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; d. use the Mow Ur Grass in-app messaging service chat thread in violation of any applicable advertising and marketing laws such as CAN-SPAM, the TCPA, and the FTC’s Telemarketing Sales Rule, including those that relate to (i) permitted calling times; (ii) customers’ consent to be contacted by telephone and/or text messages (including opt in/opt out consent where applicable and do not call lists); (iii) the required content of text messages and requirements for enabling and promptly implementing unsubscribe requests; (iv) any registration requirements relating to do not call lists; and (v) any notices that need to be given to potential customers during telephone calls.
e. import or transfer to the Mow Ur Grass in-app messaging service chat thread any data that is sensitive financial information (including credit card numbers), health information, medical information, pharmaceutical information, any personal information whatsoever about or regarding children under 13 years of age, or other sensitive or regulated information (for example, Social Security Numbers or Social Insurance Numbers); You represent, warrant, and agree that: (i) You or your business shall send instructions to anyone who uses the website or services on how to opt out from receiving messages (STOP instructions), as well as how they can get help information (HELP instructions).\; and (ii) Your business is required to have a privacy policy conspicuously disclosed on your business’ website containing a Text/SMS policy.
28. COMMUNICATIONS AND TEXT MESSAGES TERMS
When you use the Service, or send emails, text messages, and other communications from your desktop or mobile device to us or other users, you may be communicating with us or other users electronically. You consent to receive communications from us and others electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Service, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your voluntary provision of your cell phone number represents your consent that Mow Ur Grass LLC may contact you by telephone, SMS, or MMS messages at that phone number for transactional, operational, or informational purposes. When you provide your phone number, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from Mow Ur Grass LLC at any time by replying “STOP” from the mobile device receiving the messages.
You must comply with all applicable federal, state, and local laws when using the Service, including the Telephone Consumer Protection Act (TCPA) and all applicable New Jersey telecommunications laws and regulations, including ensuring that all voice calls, text messages, and other commercial electronic messages are sent with the recipients’ valid consent and include all required information and an effective unsubscribe mechanism.
Your Compliance with Texting/SMS Laws You represent, warrant, and agree that: (i) you shall not send text messages to anyone who uses the Service on their mobile devices without their explicit written consent; and (ii) you shall obtain written consent from anyone you contact through the Service prior to sending any commercial text messages.
29. USE OF THE SERVICE, SUSPENSION
29.1 Your Conduct on the Service When you use the Service, you agree:
• To use the Service only in a lawful manner and only for its intended marketplace purposes;
• Not to submit viruses or other malicious code to or through the Service;
• Not to use the Service, or engage with other users of the Service, for purposes that violate applicable law;
• Not to use the Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Service;
• Not to use the Service for purposes of competing with Mow Ur Grass LLC or to promote other products or services;
• Not to post reviews that are not based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms;
• Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or legal rights of others;
• Not to post “spam” or other unauthorized commercial communications;
• To use the Service only for your own purposes, and not to impersonate any other person;
• Not to transfer or authorize the use of your account to any other person, or to engage in fraudulent transactions;
• Not to provide false information in your profile or registration for the Service, or to create multiple or duplicate accounts; and
• Not to interfere with our provision of, or any other user’s use of, the Service.
29.2 Suspension and Termination of Service Access Mow Ur Grass LLC reserves the right to suspend or terminate a Mowee or Mower's access to the Service for violations of these Terms, including but not limited to: fraud or misrepresentation, harassment or abusive conduct, failure to maintain required licensure or insurance, payment fraud, criminal conduct arising from Service use, or other violations of Mow Ur Grass LLC's Acceptable Use Policy.
Mow Ur Grass LLC does not terminate Mower access based on the quality, outcome, or manner of lawn care services performed. Mow Ur Grass LLC exercises no judgment over whether any particular service was performed to any standard of quality, and any such determination is solely between the Mowee and the Mower.
Termination of Service access does not constitute a finding that any services were performed inadequately, and Mow Ur Grass LLC makes no such representation.
30. CONTACT INFORMATION
You may contact Mow Ur Grass LLC regarding this Service at the following email address: support@mowurgrass.com. Mow Ur Grass LLC has designated the following email address to receive notifications of claimed copyright infringement: support@mowurgrass.com. Please include in your notice a description of the copyrighted work, a description of where the material you claim is infringing is located on the Service, a statement that you are the copyright owner or its agent, and your address, telephone number, and email address.
31. RIGHTS TO SYNDICATE IMAGES, CONTENT, AND LISTINGS
You hereby grant to Mow Ur Grass LLC, its subsidiaries, affiliates, and related companies a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use any and all content that is displayed or submitted to this Service.
32. MISCELLANEOUS
Nothing contained in this agreement shall be deemed or interpreted to constitute the relationship between you and Mow Ur Grass LLC as a legal partnership, agency, joint venture, or any other relationship in which either you or Mow Ur Grass LLC are responsible for or shall incur liability to outside parties as a result of the actions or omissions of the other. This agreement shall not be for the benefit of, or enforceable by, any person or entity not a party hereto and shall not confer any rights or remedies upon any party other than you and Mow Ur Grass LLC and our respective successors and permitted assigns.
33. SEVERABILITY
In the event that any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.
34. NOTICES
Any notice required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given: when received if personally delivered; when transmitted if transmitted by electronic mail and a receipt is obtained; the day after it is sent if delivered by overnight delivery service and a receipt is obtained; and five days after it is sent if mailed, first class certified mail, return receipt requested, proper postage prepaid. In each case, notices shall be sent to the last known address of the other party.
EFFECTIVE: May 3, 2026