MissionGreen Services Terms & Conditions

  1. Applicability
    The following terms and conditions apply to any orders accepted by MissionGreen Services, Inc. (“MissionGreen”) through this website (the “Site”).This Site, and all information and materials contained herein, is provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. MissionGreen and all parties involved in creating, producing, or delivering this Site use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. These terms and conditions apply if you enter into an agreement for services with us (a “Service Agreement”), and a conflict exists between your Service Agreement and these Terms, the Service Agreement will preempt these Terms to the extent necessary to resolve the conflict.
  2. General Provisions
    THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY, SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE. By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.We may, in our sole discretion, modify these Terms from time to time with or without notice to you. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
  3. Jurisdiction and Governing Law
    By entering this Site, you acknowledge and agree that this transaction shall be governed in all respects by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles, and all claims and/or lawsuits in connection with this transaction must be brought in any state or federal court located in the Commonwealth of Massachusetts, and both parties hereby submit to the jurisdiction and venue of any such court.
  4. Warranty; Disclaimer
    MissionGreen applies all lawn care products per the manufacturer label. Before any claim can be asserted by You against MissionGreen arising from any alleged breach of its service contract, or asserting damage or injury to person or property arising from any act or omission on the part of MissionGreen or its agents, employees, or representatives, You must provide timely written notice to MissionGreen identifying and documenting the damage or injury alleged and the acts or omissions that are the basis of Your claim. The written “Notice of Claim” must be presented by You to MissionGreen within thirty (30) days of the date of the alleged act or omission that caused damage, regardless of the date upon which the damage was first observed. MissionGreen will have sixty (60) days following its receipt of Your Notice of Claim to investigate Your claim and to correct any deficiency or repair any damage that MissionGreen determines to have been its responsibility. You agree to provide MissionGreen reasonable access and a reasonable opportunity to observe, test, document, and investigate Your damage claims, and to effect remedial measures. The failure of You to submit a timely written Notice of Claim constitutes an irrevocable acceptance by You of the sufficiency of MissionGreen’s performance of its contractual obligations. You waive and release all claims for damage or injury allegedly arising from any act or omission on the part of MissionGreen or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim. Time limit for filing Notice of Claim: Notwithstanding the provisions of any other statutes of limitations, You agree that all claims by You against MissionGreen are barred if such claims are not initiated within one year of the last date of service provided by MissionGreen to You, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when MissionGreen receives a written demand for arbitration of such claim. If the arbitration provisions of this contract are determined inapplicable or unenforceable to such claim, the claim is not “initiated” until MissionGreen receives service of a Summons and Complaint. Disclaimer of Warranties
    The complete eradication of pests and weeds is not possible, our goal is to mitigate pest and weed activity to a tolerable level.WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES WITH RESPECT TO ANY DOWNTIME, DELAYS, OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION, MATERIALS, OR SERVICES THROUGH THE SITE. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
  5. MissionGreen’s Intellectual Property
    MissionGreen will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of MissionGreen or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.You acknowledge and agree that information and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by MissionGreen. Except as expressly authorized by MissionGreen, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services. Without waiving any of the foregoing rights, you may print or download information on products/services from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from MissionGreen is prohibited.
  6. Site Content & Functionality
    MissionGreen reserves the right to change, modify, or discontinue any components or functions of the Site or discontinue the Site in its entirety, in MissionGreen’s sole discretion and without notice. Any special offers, promotions, discounts, or other offerings on the Site may be discontinued at any time without notice. MissionGreen provides general price information on the Site. You understand that MissionGreen’s services are tailored to each customer and, therefore, the price you see on the Site may not be your final price. Your final price will be communicated to you when you agree to purchase MissionGreen’s services. You may be able to pay invoices, modify/update payment information, or otherwise submit payment information to MissionGreen via the Site.
  7. Continuous Service
    To optimize the effectiveness of the services provided, your plan shall continue from year to year without any action on your part. This includes any services purchased initially or added at a later time. Remember, your plan will continue unless you contact MissionGreen at (413) 998-7829 to cancel. You or MissionGreen may cancel service at any time, subject to your obligation to pay for all contracted services as provided herein. MissionGreen reserves the right, in its sole discretion, to offer discounts or implement annual price increases due to inflation, cost of goods and services, or other economic factors without notice.We will also attempt to notify you at least 24 hours prior to every service visit, provided however if we are unable to contact you and you do not contact us, we will proceed with a regularly scheduled visit.
  8. Billing
    Except as otherwise set forth herein, billing for each lawn application or treatment (and applicable fuel surcharges) will occur after service is rendered with payment due upon receipt of invoice. After January 1, 2021, all new customers are required to enroll in MissionGreen’s Monthly Installment, Auto-Pay program, or prepay for our annual service plan. The cost of services in Your plan may vary. Current year discounts may not apply in subsequent years. Any credits or discounts offered by MissionGreen shall only be applied to future MissionGreen services and are not redeemable by You for cash.a. Pre-Pay Agreement: If you elect to Pre-Pay for some or all of your MissionGreen services, you acknowledge and agree that depletion of your prepayment funds is not an automatic cancellation of your account and that services, including those containing the application of pesticides, will continue after your prepayment funds are depleted unless you contact us to cancel your account. If your prepayment funds are depleted, you authorize us to convert your account to Monthly Installment status using the same debit/credit card or bank account used for your prepayment and to charge your debit/credit card or bank account for the recurring Monthly Installment cost. You agree that we may supply your payment information to our third-party payment processor to complete your payment. All pre-paid amounts shall be NON-REFUNDABLE and any remaining account balance for pre-pay (prior to completion of all scheduled plan applications) shall remain the property of MissionGreen.b. Monthly Installments: You may also elect to make payments on a monthly basis. MissionGreen will charge your debit/credit card or bank account for the annual agreed upon services divided by the remaining months of that calendar year. If you wish to terminate monthly billing, You must call MissionGreen at (413) 998-7829. Any partial months will be billed for a full month.

    • You agree to pay for all services provided and authorize MissionGreen to initiate electronic payment transactions from the credit card account that You have provided to MissionGreen.

    • Your consent applies to all invoices issued by MissionGreen for all services provided at any time, including invoices for services that automatically renew each year. All payments will be automatically withdrawn on a monthly basis from Your specified credit card account on the date MissionGreen issues an invoice for services, unless You terminate the above authorization in the manner described herein.

    • The charge or debit shall be initiated by MissionGreen as required without further notice to You. MISSIONGREEN SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.

    • You agree that MissionGreen may contact You via telephone, text, or email and further agree to promptly notify MissionGreen of any changes or updates to Your credit card information.

    • You agree to promptly notify MissionGreen in the event of any billing errors so that MissionGreen can correct any such errors.

    • If Your payment is rejected, refused, returned, disputed, or reversed by Your financial institution or card issuer for any reason, MissionGreen shall have the right to immediately terminate its contractual relationship with You.

    • You are responsible to verify whether or not any additional charges will be applied by Your credit card issuer and agree to be bound by any rules that Your financial institution requires for pre-authorized credit card transactions. You are responsible for all fees charged by your financial institution associated with this pre-authorized payment option.

    c. Auto-Pay: Your enrollment in the MissionGreen Auto-Pay option constitutes Your agreement to the following terms and provisions which shall be deemed a binding part of Your agreement to receive and pay for services provided by MissionGreen. Please read these provisions carefully and call MissionGreen at the number provided above immediately in the event that you wish to cancel your Auto-Pay Enrollment.

    • You agree to pay for all services provided and authorize MissionGreen to initiate electronic payment transactions from the credit card account that You have provided to MissionGreen.

    • Your consent applies to all invoices issued by MissionGreen for all services provided at any time, including invoices for services that automatically renew each year. All payments will be automatically withdrawn from Your specified credit card account on the date MissionGreen issues an invoice for services, unless You terminate the above authorization in the manner described herein.

    • You understand and agree that MissionGreen shall automatically charge Your credit card account, as applicable, for the total amount due on Your account. The charge or debit shall be initiated by MissionGreen as required without further notice to You. MISSIONGREEN SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.

    • To cancel your Auto-Pay Enrollment, You must call MissionGreen at (413) 998-7829.

    • You agree that MissionGreen may contact You via telephone, text, or email and further agree to promptly notify MissionGreen of any changes or updates to Your credit card information.

    • You agree to promptly notify MissionGreen in the event of any billing errors so that MissionGreen can correct any such errors.

    • If Your payment is rejected, refused, returned, disputed, or reversed by Your financial institution or card issuer for any reason, MissionGreen shall have the right to immediately terminate its contractual relationship with You.

    • MissionGreen reserves the right to terminate Your Auto-Pay enrollment at any time.

    • You are responsible to verify whether or not any additional charges will be applied by Your credit card issuer and agree to be bound by any rules that Your financial institution requires for pre-authorized credit card transactions. You are responsible for all fees charged by your financial institution associated with this pre-authorized payment option.

    • MissionGreen reserves the right to revise the terms of Auto-Pay Enrollment from time to time and will provide notice of any such changes by posting revisions on the MissionGreen Site which shall be deemed effective at the time of posting. If You do not agree with any such revisions, You must terminate the Auto-Pay Enrollment immediately. Your continued use of the Auto-Pay Enrollment constitutes Your agreement with these terms and conditions, as amended.

  9. Check Processing Policy; ACH
    Payment by check constitutes Your authorization to either use information from Your check to make a one-time electronic fund transfer from Your account or to process the payment as a check transaction. If we use information from Your check to make an electronic fund transfer, funds may be withdrawn from Your account as soon as the same day we receive payment, and You will not receive a copy of the check back from Your financial institution. If any check, draft, credit card, or EFT transfer payable to MissionGreen is not honored, MissionGreen will assess a $25.00 fee for each such item (in addition to all other rights and remedies for the unpaid balance).
  10. Late Fees
    A service charge of 0.66% per month shall be added to the unpaid balance of all accounts not paid within thirty (30) days. If payment is not made, you agree to be responsible for and reimburse MissionGreen for all costs of collection, including any court fees and attorney’s fees incurred for the collection of your account.
  11. Non-Payment; Default
    The obligation of MissionGreen hereunder is conditioned upon payment in full of all service charges and failure to pay such charges shall cancel this contract in its entirety and discharge MissionGreen of any liability. All amounts paid shall be deemed the property of MissionGreen.
  12. General Submissions
    You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that MissionGreen or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, MissionGreen and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. By entering this Site, you acknowledge and agree that any communication or material you transmit to this Site or MissionGreen in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, photos, or other materials you transmit to MissionGreen may be used by MissionGreen anywhere, anytime, and for any reason whatsoever. Photo Submissions. Some areas on this Site allow you to submit personal photos. The general purpose of such submissions is to provide a visual and textual representation of your MissionGreen product or to provide MissionGreen with images of your lawn for MissionGreen to review. We suggest you attach a high-quality photo of your product/service or lawn and provide an accurate, textual description that is both clear and relevant.You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal. The following is a list of general photo restrictions:• Photos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group, be profane or pornographic, or contain nudity;

    • Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

    • Photos cannot be obscene, offensive, or endorse any form of hate or hate group;

    • Photos cannot defame, misrepresent or contain disparaging remarks about MissionGreen, its products/services, or industry, or other people, products, or companies;

    • Photos cannot contain trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind other than MissionGreen, without permission, or contain any personal identification, such as personal names, e-mail addresses, or street addresses;

    • Photos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) without permission;

    • Photos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;

    • Photos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which MissionGreen wishes to associate; and

    • Photos cannot depict a violation, and cannot themselves, be in violation of any law.

    By submitting a photo, you acknowledge that your photo may be posted on this Site or used for our commercial purposes, at our discretion, and without compensation to you. We reserve the right to, and may or may not, monitor/screen photos prior to posting them to the Site. By submitting a photo, you acknowledge that we have no obligation to use or post any photo you submit and we may delete or destroy your photo at any time at our discretion.

    By submitting a photo you warrant and represent that: (a) it is your original work and accurately reflects your experience with our product or the condition of your lawn and that depictions are known to be true and are based upon your use of our product ; (b) it has not been previously published; (c) it has not received previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name, likeness or voice is used in the photo (if any); (f) publication of the photo via various media, including Web posting, will not infringe on any third party rights; (g) you have the unrestricted right to submit the photo; and (h) you will indemnify and hold harmless both MissionGreen and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.

    By submitting a photo, you agree that your submission is gratuitous, made without restriction, will not place MissionGreen under any obligation, and that we are free to disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.

    You understand that submitting a photo grants MissionGreen and its agents a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, publish, and use the photo in any way, in any and all media, without limitation, and without consideration to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by MissionGreen employees, or obtained from sources other than you.

  13. Digital Millennium Copyright Act Notice
    If you believe that any material on this Site, including MissionGreen and user provided material, infringes your copyright rights, please contact MissionGreen’s designated agent for Digital Millennium Copyright Act notices at:MissionGreen
    Attn: MissionGreen Marketing & Communications
    20 Trafalgar Square, suite 305, Nashua, NH 03063Email address: support@missiongreenservices.comIn your notice, please include:
    • Your physical or electronic signature;
    • Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
    • Identification of the material that you claim to be infringing, and where the material is located on the Site;
    • Your address, telephone number, and email address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
    • A statement, under penalty of perjury, that the information in your notice is accurate.

    If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

  14. Limitation of Liability
    BY USING THIS SITE YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, IMPLEMENTATION OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, OR ANY COMPUTER SYSTEM, TELECOMMUNICATIONS SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. IF APPLICABLE LAW DOES NOT PERMIT LIMITATION OF CERTAIN TYPES OF LIABILITY, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF MISSIONGREEN FOR ANY CLAIM ARISING IN CONNECTION WITH THESE TERMS OR YOUR RELATIONSHIP WITH MISSIONGREEN WILL BE THE GREATER OF (1) THE AMOUNT ACTUALLY PAID BY YOU TO MISSIONGREEN IN THE THREE MONTHS PRIOR TO THE FACTS GIVING RISE TO THE CLAIM OR (2) FIFTY DOLLARS ($50).
  15. Class Action Waiver
    Any Claim must be brought in the party’s individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including, but not limited to, any action based on the Fair Debt Collection Practices Act, or other state and federal laws related to the collection of debts. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE AS A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.
  16. Mandatory Arbitration
    You and MissionGreen agree that all claims by You against MissionGreen which in any way relate to this contract, or to the lawn care services provided to You by MissionGreen, will be resolved by mandatory binding arbitration. This arbitration requirement applies to all claims, regardless of the legal theory under which such claim is brought, including claims sounding in contract, tort, strict liability, fraud, or based on statute. The arbitration shall be conducted in Bristol County, Massachusetts under the Commercial Arbitration Rules of the American Arbitration Association.
  17. Attorney’s Fees
    If litigation or arbitration is initiated against MissionGreen by You in violation of the terms of this Agreement, or if MissionGreen initiates litigation or arbitration against You to enforce MissionGreen’s rights under the terms of this agreement, You agrees to pay MissionGreen’s litigation / arbitration costs, including attorney fees, incurred in successfully enforcing the terms of this Agreement.
  18. Indemnity
    You agree to defend, indemnify, and hold MissionGreen, our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms or use of the Site.
  19. Privacy & Security
    Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring. To access portions of this Site, you are required to obtain a username and/or password. In such cases, you are responsible for maintaining the confidentiality of any such username or password and are fully responsible for all activities that occur under such username and password. You understand that you can help protect your username, password, and personal information by logging out of password protected web pages before you close your browser. You agree to notify us immediately of any unauthorized use of your user name or password. MissionGreen maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever.
  20. Links
    This Site may contain links to or be accessed through links that are owned and operated by independent third parties. We provide links as a convenience and the inclusion of a link does not imply that MissionGreen endorses or accepts any responsibility for the content on the linked site. MissionGreen is not responsible for content including but not limited to advertising claims, special offers, illustrations, names, or endorsement, or the availability, operation, or performance of franchisees or any other sites to which this Site may be linked or from which this Site may be accessed. Further, MissionGreen is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.
  21. Waiver & Severability
    No waiver by MissionGreen of any of the provisions of these Terms will be deemed a further or continuing waiver of such provision, and any failure of MissionGreen to assert a right or provision of these Terms will not constitute a waiver of such provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be severed or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
  22. Assignment
    MissionGreen may assign its rights and/or obligations under these Terms to any person or entity at any time, with or without notice to you or your consent. You may not assign your rights and/or obligations under these Terms to any person or entity without our written consent.
  23. Entire Agreement
    These Terms constitute the entire agreement between you and MissionGreen relating to the subject matter of these Terms, and supersedes all prior understandings, including, any prior communications whether electronic, written, or oral.

Terms of Use

THE FOLLOWING DESCRIBES THE TERMS UPON WHICH MISSIONGREEN SERVICES, INC. (“MISSIONGREEN”) OFFERS YOU ACCESS TO OUR SYSTEM.

THIS DOCUMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH MISSIONGREEN OFFERS YOU ACCESS TO WWW.MISSIONGREENSERVICES.COM.

THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY BEFORE YOU CLICK THE “ACCEPT” BUTTON. YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE ATTACHED PRIVACY NOTICE AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF THEIR TERMS. YOU SHOULD PRINT A COPY OF THESE TERMS AND CONDITIONS AND RETAIN IT IN YOUR RECORDS FOR FUTURE REFERENCE. IT IS ALSO IMPORTANT TO NOTE THAT YOU HAVE THE RIGHT TO “OPT OUT’ AT ANY TIME AND WE WILL REMOVE ALL OF YOUR PERSONAL INFORMATION FROM OUR SITE.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, We strongly recommend that, as you read this Agreement, if you have any additional questions or comments, please contact us directly.

We may amend this Agreement at any time by posting the amended terms on our site.

A. PRIVACY POLICY
Your information is important to us. Please read our Privacy Policy. This explains how we protect, collect, use and disclose your information. We do not sell or rent your personal information to third parties for marketing purposes without your written permission and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important principle. We understand clearly that you and your information are important. We store and process your Information on computers located in the United States that are protected by physical, procedural safeguards as well as technological security devices.

Please note that if you do not signify your acceptance of our Privacy Policy you shall not access or use our Service.

B. CONDITIONS OF USE
B1. By using the Service, you are not granted any exclusive rights to, or ownership of, any content obtained from the Service, and you are not permitted, now or at any time in the future, to reproduce, duplicate, copy, sell, resell, redistribute or exploit any content obtained from the Service, except as permitted under these Terms of Use or with express written permission by MissionGreen. Subject to these Terms of Use, we hereby grant you a limited, revocable, personal, non-sub-licensable, non-transferable, and non-exclusive license to access and use this Service and the material herein for your limited and personal, access and use.

B.2. You agree that you will not use our Services for any unlawful or fraudulent activity including but not limited to uses that are: (a) fraudulent, deceptive, false, inaccurate or misleading; (b) defamatory, infringing, or tortuous; (c) threaten, harass or otherwise violate the legal or contractual rights of others; (d) harm or attempt to harm minors in any way; (e) bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or (f) illegal or activities for illegal purposes, or the transmission of any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; (i) a violation of the acceptable use policies or agreements of our service providers and suppliers; or (j) activities that would constitute, or assist any other person with, any other activity which in our sole discretion is considered unauthorized or objectionable.

B.3. If you use or attempt to use our Services for purposes other than for their intended purpose and managing your account, including but not limited to, using the Services in one of the ways described above or otherwise in violation of this Agreement, your account may be terminated and you may be subject to damages and other penalties, including criminal prosecution where available.

B.4. In the event of any termination of this Agreement, your account will be deactivated and/or deleted, resulting in a forfeiture and relinquishment of all content in your account. The limitations on your use of the Services shall survive such termination, and you agree to be bound by those terms.

B.5. MISSIONGREEN, OUR SUBSIDIARIES, AFFILIATED COMPANIES, THEIR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make no representations or warranties regarding the amount of time needed to complete processing because the access is largely dependent upon many factors outside of our control, such as internet delays. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

B.6. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATED COMPANIES, THEIR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE SYSTEM, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

B.7. YOU AGREE TO INDEMNIFY AND HOLD MISSIONGREEN, AND ITS SUBSIDIARIES, AFFIIIATED COMPANIES AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, INCLUDING ATTORNEYS FEES MADE OR INCURRED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY RELATING TO YOUR USE OF THIS SYSTEM.

C. RIGHTS/RESPONSIBILITIES OF MISSIONGREEN
C.1. MissionGreen reserves the right to amend the terms of this Agreement at any time, with or without prior notice to you, except as required by law.

C.2. MissionGreen reserves the right to terminate this Agreement, access to its website, or access to the website at any time, with or without prior notice to you, except as required by law.

C.3. MissionGreen will not be responsible for errors or liable if any of the following occurs: (a) you had knowledge of or questions about the possible malfunction of the System (b) natural disasters or man-made (pandemics, fire, flood, tornado, etc.), civil unrest, terrorism, or other uncontrollable circumstances (mail delays, power failures, etc.) prevent proper completion and delivery of transactions, (c) system downtimes or unavailability, or (d) other applicable laws and/or regulations that may exempt us from liability.

D.    LEGAL COMPLIANCE
You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

E.   NOTICES
E.1. You agree that this Agreement constitutes “a writing signed by you” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from MissionGreen in electronic form. Electronic communications may be posted on the pages within the MissionGreen website and/or delivered to your e-mail address. You may print a copy of any communication and retain it for your records. All communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. MissionGreen reserves the right but assumes no obligation to provide communications in paper format.

E.2. Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to MissionGreen during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

F. MISCELLANEOUS
F.1. MissionGreen’s business days are Monday through Friday, 9 a.m. to 5 p.m. Saturdays, Sundays, and federal holidays and holidays recognized in the Commonwealth of Massachusetts are not considered business days.

F.2. MissionGreen will not be liable for any loss resulting from a cause outside of its direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, “hacking”, theft, operator errors, unauthorized access, or environmental conditions.

F.3. All related logos, products and services described in this website are either trademarks or registered trademarks of MissionGreen, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MissionGreen. All content on the website, including all text, graphics, icons, design, and software are protected by United States and International Copyright laws and this agreement. You may access and use the copyrighted works for personal use only. Distribution, reproduction, transmission, republication, modification display, or any other use of the material without the express written permission of MissionGreen is strictly prohibited.

F.4. MissionGreen may contain links to other Internet sites, resources, and third-party websites. MissionGreen takes no responsibility for the accuracy of the information set forth and disclaims any liability to you in connection with such websites.

F.5. You represent and warrant that all information you provide to us is accurate, complete, and current information for eligibility, application, registration, payment and all other purposes. If, at any time, any information you have provided us becomes inaccurate, you will promptly provide us the additional information necessary to make the information you previously provided true and complete in all material respects. You are responsible for all statements made and acts that occur through the use of your Account or using your password, and for all instructions entered through and under your Account or using your password.

F.6. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). MISSIONGREEN IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MISSIONGREEN AND YOU. THIS SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.