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Welcome to ShrubHub! The ShrubHub Platform is an information and social network
dedicated to homebuilding, renovation, and design. ShrubHub brings together professionals,
service providers, products, homeowners, renters and design enthusiasts.
Through the ShrubHub Platform, people can obtain and exchange, ideas, information, products,
and services related to landscape renovation and design.
It governs your use of the products and services we offer through our App and
web site (collectively the “Site” or “ShrubHub Platform“).
This agreement provides important information to you, including
information about your obligations content, our limitation of
liability to you, and your agreement to resolve any disputes by individual arbitration
and to waive the right to participate in a class action.
Please make sure to read this agreement, because your use of the Site
consent to these terms. If you do not agree to any of the terms, you should stop using the Platform.
1. Using the ShrubHub Platform.
Who can use it. You must be at least the age of majority in the state where
you live to use the Site. Use of the ShrubHub Platform by anyone under 13 years of
age is strictly prohibited!
Registration. Access to certain functionalities of the ShrubHub Platform will
require you to register with us. If you register with ShrubHub, you agree to provide us accurate
information and update it as needed for accuracy. We will treat personally identifiable information
option to register for an account by linking your Facebook.
Profile for Professionals. If you are a professional services provider, you may set up a
Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of
service providers, and you will be able to connect with others on the ShrubHub Platform while identified by
your professional profile. Your professional profile is subject to our “Professional Profile Policy.“
Termination. You may close your account at any time by going to account settings and
disabling your account. We may permanently or temporarily suspend your use of the ite or the service at
any time for any reason, without any notice or liability to you. We may terminate your account at
any time for any or no reason, including if you violate ShrubHub policy Upon termination of your use of
the , certain provisions will survive termination, as detailed in Section 9(m).
Feedback. We welcome your feedback and suggestions about how to improve the ShrubHub Platform.
Feel free to submit feedback at email@example.com. By submitting feedback in this or in any other
manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit
the feedback, in whole or part, without any restriction or compensation to you.
2. Your Content.
Definition of Your Content. The ShrubHub Platform enables you to post material,
including without limitation photos, profile pictures, messages, and commentary.
You may also post reviews of third-party service providers, third-party products,
or third-party services (“Reviews”). All material that you display on the ShrubHub Platform will be
referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the
ShrubHub Platform, Your Content may be viewed by the general public and will not be treated as
private or confidential.
License and Permission to Use Your Content. You hereby grant to us and our affiliates,
licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable,
royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use,
reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish,
transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or
distribution method (whether now known or hereafter created) for the duration of any copyright or other
rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the
maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and
release and covenant not to assert any moral rights that you may have in Your Content. If you identify
yourself by name or provide a picture or audio or video recording of yourself, you further authorize
us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce,
print, publish and disseminate in any format or media (whether now known or hereafter created) your name,
voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any
reason, except as required by the applicable law. You further agree that we may use Your Content in any manner
that we deem appropriate or necessary.
Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain
ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in
the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement.
Your Responsibilities for Your Content. By posting Your Content on the ShrubHub Platform,
you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or
permissions from any necessary parties, to use Your Content in this manner. This includes the right to grant us
the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge
whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept
full responsibility for infringement of the intellectual property or personal rights of others in connection with
Your Content. You are responsible for ensuring that your content does not violate ShrubHub’s policies.
Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part,
for any reason We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason
without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a Review,
the requirements will be governed by our Review Policy.
3. Our Content and Materials.
Definition of Our Content and Materials. All intellectual property in or related to the ShrubHub
Platform (specifically including, but not limited to our software, the ShrubHub marks, the ShrubHub logo, and
ShrubHub buttons, badges, and widgets, but excluding Your Content), is the property of ShrubHub LLC, its
subsidiaries and affiliates or its licensors (“Our Content and Materials”).
Our License to You. Subject to these erms of se, including the restrictions below, we grant you a
limited, non-exclusive license to use and access Our Content and Materials in connection with your use of the
ShrubHub Platform. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a
Professional Profile or your entering into a vendor, seller, advertiser, Site Designer, or other agreement with us),
your use of the ShrubHub Platform must be limited to personal, non-commercial use. We may terminate this license at
any time for any reason. Except for the rights and license granted in these erms, we reserve all other rights and
grant no other rights or licenses, implied or otherwise.
No Endorsement or Verification. Please note that the ShrubHub Platform enables access to
third-party content, products and services, and it offers interactions with third-parties over which we
have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or
conduct of third-parties (including but not limited to the products or services offered by third-parties
or the descriptions of the products or services offered by third-parties). Participation or availability
on the ShrubHub Platform does not amount to endorsement or verification by us. We make no warranties or
representations with respect to the accuracy, completeness or timeliness of any content posted on the ShrubHub
Platform by anyone.
Restrictions. Except as expressly provided in these erms, you agree not to use, modify, reproduce,
distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our
express written permission. ShrubHub’s permission to you for your use of the ShrubHub Platform expressly excludes
commercial use by you of any information concerning product descriptions or professional listings for the benefit
of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering
and extraction tools in your use of the ShrubHub Platform. You may view and print a reasonable number of copies of
web pages located on the ShrubHub Platform for your own personal use, provided that you retain all proprietary
notices contained in the original materials, including attribution to ShrubHub.
Ownership. You acknowledge and agree that the ShrubHub Platform and ShrubHub marks
will remain the property of ShrubHub. The content, information and services made available on the ShrubHub
Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that
these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the
4. Other Offerings on the ShrubHub Platform.
Purchase of Goods through ShrubHub Shopping Cart. ShrubHub and third-party sellers offer garden
goods, furniture, and other products for sale on the ShrubHub Platform. If you purchase products on the ShrubHub
Platform, your purchase is subject to the ShrubHub Shop Terms of Sale. The availability of products sold by
third-parties within ShrubHub does not imply our endorsement or verification of the products or their descriptions.
Third-Party Services. You may be provided the opportunity on the ShrubHub Platform to purchase
services that are offered by third parties (collectively “Third Party Services”), including those offered by
professionals registered with Professional Profiles on the ShrubHub Platform. The availability of any Third
Party Services on the ShrubHub Platform does not imply our endorsement of the Third Party Services.
Third-Party Sites. The ShrubHub Platform may contain links to other websites
(the “Third-Party Sites”) for your convenience. We do not control the linked websites or the content
provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices
such use. The availability of such links does not indicate any approval or endorsement by us.
5. Reporting Violations of Your Intellectual Property Rights, ShrubHub Policies, or Applicable Laws
We have a special process for reporting violations of your intellectual property rights or other violations of
policies or applicable laws.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor
to respond promptly to requests for content removal, consistent with our policies described above and
6. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SHRUBHUB ENTITIES TO YOU.
THE “SHRUBHUB ENTITIES” MEANS SHRUBHUB LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS,
LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM.
EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND
THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE ENTITIES EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS,
UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT,
AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
THE SHRUBHUB ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY,
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE,
(ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR
SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, AND (iv) THE QUALITY OR CONDUCT OF ANY
THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE SHRUBHUB ENTITIES WILL NOT BE LIABLE
TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE SHRUBHUB
ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA
(EVEN IF THE SHRUBHUB ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES
ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE
SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold the ShrubHub Entities and their directors, officers,
employees, consultants, and other representatives, harmless from and against any and all claims,
damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly
or indirectly out of or from: (a) your breach of any part of , (b) any allegation that materials
you submit to us or transmit to the ShrubHub Platform infringe or otherwise violate the copyright,
patent, trademark, trade secret, or other intellectual property or other rights of any third party;
(c) your activities in connection with the ShrubHub Platform or other websites to which the ShrubHub
Platform is linked; and/or (d) your negligent or willful misconduct.
8. Dispute Resolution.
Arbitration. You and ShrubHub agree that any dispute, claim or controversy arising
out of or relating to or to your use of the ShrubHub Platform (collectively “Disputes”) will be
settled by binding arbitration, except that each party retains the right to seek injunctive or
other equitable relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets,
patents, or other intellectual property rights. You acknowledge and agree that you and ShrubHub
each are waiving the right to a trial by jury or to participate as a plaintiff as a class member
in any class action proceeding. Further, unless you and ShrubHub agree otherwise in writing, the
arbitrator may not consolidate more than one person’s claims and may not preside over any form
class action proceeding. If this specific paragraph is held unenforceable, then the entirety of
this “Dispute Resolution” Section 8 will be deemed void. Except as provided in the preceding sentence,
this “Dispute Resolution” Section 8 will survive any termination of the Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American
Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this
“Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA
at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this ection.
Arbitration Process. A party who desires to initiate the arbitration must provide the
other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be
either a retired judge or an attorney licensed to practice law in the state of California and will be
selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable
to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will
appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and ShrubHub agree otherwise, the
arbitration will be conducted in Santa Ana, California. If your claim does not exceed $10,000,
then the arbitration will be conducted solely on the basis of documents you and ShrubHub submit
to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing
is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules.
Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the arbitration. For claims
that exceed $10,000 and involve a hearing, you may elect for the hearing be conducted by telephone.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe
specified in the AAA Rules. The arbitrator’s decision will include the essential findings and
conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered
in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent
with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award
declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide
relief warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees
will be as set forth in the AAA Rules.
Notice for California Users. Under California Civil Code Section 1789.3, California users of
the ShrubHub Platform are entitled to the following specific consumer rights notice: The services are provided
by ShrubHub LLC., 2885 Rounsevel Terrace Laguna Beach, CA 92651. If you have a question or complaint regarding
the Service, please contact ShrubHub at firstname.lastname@example.org or by writing to our mailing address. California
residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202,
Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at
TDD (800) 326-2297 or TDD (916) 322-1700.
Application Provider Terms. If you access the ShrubHub Platform through a ShrubHub
application, you acknowledge that this agreement is between you and ShrubHub only, and not with
another application service or application platform provider (such as Apple, Inc. or Google Inc.),
which may provide you the application subject to its own terms.
Controlling Law and Jurisdiction. This agreement will be interpreted in accordance
with the laws of the State of California and the United States of America, without regard to their
conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or
state court located in Santa Ana, California for any actions for which the arbitration provision, as
set forth in the Dispute Resolution provision above, does not apply.
Export. The ShrubHub Platform is controlled and operated from our United States
offices in California. ShrubHub software is further subject to United States export controls. No
software for ShrubHub may be downloaded or otherwise exported or re-exported in violation of any
applicable laws or regulations. You represent that you are not (1) located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist
supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
Changes. We reserve the right at any time to:
i. change the terms and conditions of , consistent with applicable law;
ii. change the ShrubHub Platform, including eliminating or discontinuing any information or
services or other features in whole or in part; and
iii. deny or terminate your ShrubHub account, or use of and access to the ShrubHub Platform.
Any changes we make to the will be effective immediately upon our making such changes available on
the ShrubHub Platform, and posting notice of such changes on the ShrubHub Platform or in another
manner in our reasonable discretion. You agree that your continued use of the ShrubHub Platform
after such changes constitutes your acceptance of such changes. If you do not agree with any of
the updates to this , you should not use the ShrubHub Platform. Be sure to return to this page
periodically to ensure your familiarity with the most current version of the erms of se.
Languages. English is the authoritative text of this agreement and all communications,
notices, arbitrations and other actions and proceedings relating to this agreement will be made and
conducted in English, even if we choose to provide translations of this agreement into the native
languages in certain countries.
Assignment. No terms of this , nor any right, obligation, or remedy hereunder is
assignable, transferable, delegable, or sublicensable by you except with ShrubHub’s prior written
consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void.
may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder
in its sole discretion.
Waiver. Our failure to assert a right or provision under this will not
constitute a waiver of such right or provision.
Headings. Any heading, caption, or section title contained is inserted only as a
matter of convenience and in no way defines or explains any section or provision hereof.
Further Assurances. You agree to execute a hard copy of this agreement and any other documents,
and take any actions at our expense that we may request to confirm and effect the intent of this agreement
and any of your rights or obligations under this agreement.
Entire Agreement/ Severability. This supersedes all prior terms, agreements, discussions
and writings regarding the ShrubHub Platform and constitutes the entire agreement between you and us
regarding the ShrubHub Platform. If any provision in this is found to be unenforceable, then (except
as expressly provided otherwise in Section 8(a) (Dispute Process)) that provision will not affect
the enforceability of the remaining provisions of the , which will remain in full force and effect.
Survival: The following provisions will survive expiration or termination of this
agreement: Section 2 (Your Content) Section 3(d)(Restrictions) and 3(e)(ownership), Section 6
(Disclaimers and Limitations of Liability), Section 7 (Indemnification), Section 8 (Dispute Resolution)
and Section 9 (Miscellaneous).
Contact. Feel free to contact us by emailing at email@example.com with
any questions about this agreement. The ShrubHub Platform is operated by:
SHRUBHUB SHOP TERMS OF SALE
You may be provided the opportunity on the ShrubHub Platform to purchase products that are offered,
sold or manufactured by ShrubHub or third parties (collectively “Products”). Such Products may be
available for purchase directly from third-party sellers (“Sellers”) or from ShrubHub.
If you participate in purchasing items on ShrubHub, you agree to these terms of sale, in addition to
provisions concerning Disclaimers, Limitation of Liability and Dispute Resolution. Those provisions
apply in full, in addition to the following terms:
No Endorsement or Verification. The availability of any Products on the ShrubHub
Platform does not imply our endorsement of the Products. We do not represent, warrant or guarantee
that the Product descriptions are accurate, complete, reliable, current, or error-free. Depictions
of Products in features such as Garden Themes are for reference only and may not always accurately
depict every aspect or plant / product name in that theme.
Product Reviews. Product listings may contain ratings and reviews obtained from third
parties. Product reviews posted by ShrubHub users are solely the opinions of the posters. None of the
Product reviews contain or reflect any opinions or views of ShrubHub. Ratings given in connection with
purchases verified by ShrubHub may be given greater weight than ratings not verified by ShrubHub.
Order Acceptance and Cancellation Right. The receipt of an order number or an email
order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell.
We reserve the right to limit the order quantity on any item and/or to refuse service to any customer
for any reason. Verification of information may be required prior to the acceptance of an order.
Prices and availability of Products on the ShrubHub Platform are subject to change. Errors will be
corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error,
inaccuracy, or omission. We reserve the right, at our sole discretion, to refuse or cancel any order for
Buyer Obligations. Without limiting any other provision of these Terms of Sale or the Terms
of Use, you are responsible for (a) reading the entire Product listing before placing an order; (b) maintaining
correct and up to date payment, contact, and shipping information; and (c) honoring any return, refund or shipping
arrangement entered into with ShrubHub or any Seller.
Products Sold by Third Parties.
Pricing. Prices for Products sold by Sellers are set by the Seller.
Payments. ShrubHub acts as a payments processor on behalf of the Seller
and does not act as your agent with respect to any payments for Products submitted via the
Risk of Loss. For Products purchased from Sellers, the risk of loss and title
for purchased Products pass from the Seller to buyer upon delivery. ShrubHub does not transfer
legal ownership of any Products from Seller to you.
Returns and Refunds. Products sold by Sellers are eligible for returns and
refunds if and as indicated by the terms on the Product listing.
Third-Party Warranty Information. For Products sold by Sellers, warranty
information is listed under the seller and shipping information for that Product. The obligation
to satisfy any indicated warranty for a Product is between you and the Seller or the manufacturer
or supplier, and not with ShrubHub.
Products Sold by ShrubHub.
Risk of Loss. For Products purchased from ShrubHub Shop, the risk of loss and
title for purchased Products pass to you upon delivery to the shipping carrier.
Returns, Refunds and Title. Returns of Products sold by ShrubHub are subject
to our returns policy unless marked as non-returnable. ShrubHub does not take title to returned
items until the item arrives at our fulfillment center. At our discretion, a refund may be issued
without requiring a return. In this situation, ShrubHub does not take title to the refunded item.
Customer Service Limitations. While we may help facilitate the resolution of disputes through our customer service team or
various programs, ShrubHub has no control over and does not guarantee the existence, quality,
safety or legality of items advertised, the truth or accuracy of Product listings, or that a seller,
manufacturer or supplier will satisfactorily honor the warranty offered by that party for a specific
Product. Neither ShrubHub nor any Seller will be responsible for any damage caused by installation or
attempted installation of any Product by you or any third-party.
Welcome to the App (the “App”) of ShrubHub LLC (“ShrubHub”, “Company”, “we”, “us” and/or “our”). This app is
operated by ShrubHub and has been created to provide information about our company and our garden
marketplace services, web applications and related services (together with the App, the “Services”) to
information including personally identifiable data (“Personal Data”) and other information that is collected
ShrubHub Terms of Service. Any capitalized terms not defined herein are defined in the Terms of Service.
Information We Collect:
When you interact with us through the Services, we may collect Personal Data and other information from you,
as further described below: Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily
provide such information, such as when you contact us with inquiries, respond to one of our surveys,
register for access to the Services, log in with social networking credentials, complete an application
to become a Designer, use certain Services and otherwise communicate with or submit information or content
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with
Personal Data may be transferred from your current location to the offices and servers of ShrubHub and
the authorized third parties referred to herein located in the United States. Other Information: Non-Identifiable Data: When you interact with ShrubHub through the Services, we receive and
store certain personally non-identifiable information. Such information, which is collected passively using
various technologies, cannot presently be used to specifically identify you. ShrubHub may store such information
itself or such information may be included in databases owned and maintained by ShrubHub affiliates, agents or
service providers. The Services may use such information and pool it with other information to track,
for example, the total number of visitors to our Website, the number of visitors to each page of our
Website, and the domain names of our visitors’ Internet service providers. It is important to note that
no Personal Data is available or used in this process.
In operating the Services, we may use a technology called “cookies.” A cookie is a piece of information that
the computer that hosts our Services gives to your browser when you access the Services. Our cookies help
provide additional functionality to the Services and help us analyze Services usage more accurately. For
instance, our Website may set a cookie on your browser that allows you to access the Services without
needing to remember and then enter a password more than once during a visit to the Website. In all cases
you will find a “help” section on the toolbar. Please refer to this section for information on how to receive
notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave
cookies turned on because they allow you to take advantage of some of the Service features.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of
the Services, ShrubHub often conducts research on its customer demographics, interests and behavior based on
the Personal Data and other information provided to us. This research may be compiled and analyzed on an
aggregate basis, and ShrubHub may share this aggregate data with its affiliates, agents and business partners.
This aggregate information does not identify you personally. ShrubHub may also disclose aggregated user
statistics in order to describe our services to current and prospective business partners, and to other
third parties for other lawful purposes.
Location Information: Our Services may collect and use your location information (for example,
by using the GPS on your mobile device) to provide certain functionality of our Services. If you choose to
enable our location features, your location information may be publicly displayed within the Services. Please
keep in mind that other users can see this information about you, and they may use it or disclose it to other
individuals or entities outside of our control and without your knowledge. Your location information may be
subject to abuse, misuse, and monitoring by others, so please be careful if you choose to enable location
functionality. We may also use your location information in an aggregate way, as described above in the
“Aggregated Personal Data” section.
technologies to collect information about your browsing activities over time and across different websites
following your use of the Services. For example, we use Google Analytics, a web analytics service provided by
enhance your experience when you use the Services. For more information on how Google uses this data, go to
www.google.com/policies/privacy/partners/. We have also implemented Google Analytics features based on
Display Advertising (Remarketing with Google Analytics, Google Display Network Impression Reporting, and
Google Analytics Demographics and Interest Reporting,). Visitors can opt out by using Google’s Ads Settings
or going to https://tools.google.com/dlpage/gaoptout/.
Our Use of Your Personal Data and Other Information:
If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the
reason for which it was provided. For instance, if you contact us by email, we will use the Personal
Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data
in order to obtain access to the Services, we will use your Personal Data to provide you with access
to such services and to monitor your use of such services. ShrubHub and its subsidiaries and affiliates
(the “Related Companies”) may also use your Personal Data and other personally non-identifiable information
collected through the Services to help us improve the content and functionality of the Services, to better
understand our users and to improve the Services. ShrubHub and its affiliates may use this information to
contact you in the future to tell you about services we believe will be of interest to you. If we do so,
each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving
future marketing communications. In addition, if at any time you wish not to receive any future marketing
communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
Our Disclosure of Your Personal Data and Other Information:
ShrubHub is not in the business of selling your information. We consider this information to be a vital part of
our relationship with you. There are, however, certain circumstances in which we may share your Personal Data
with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets.
In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may
be part of the transferred assets.
Related Companies: We may also share your Personal Data with our Related Companies for purposes
Agents, Consultants and Related Third Parties: ShrubHub, like many businesses, sometimes hires
other companies to perform certain business-related functions. Examples of such functions include mailing
information, maintaining databases and processing payments. When we employ another entity to perform a
function of this nature, we only provide them with the information that they need to perform their specific
Legal Requirements: ShrubHub may disclose your Personal Data if required to do so by law or
in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect
and defend the rights or property of ShrubHub, (iii) act in urgent circumstances to protect the personal
safety of users of the Services or the public, or (iv) protect against legal liability.
You can visit the Website without providing any Personal Data. If you choose not to provide any
Personal Data, you may not be able to use certain Services.
you provide to ShrubHub through the Services or through any other means. This includes, but is not limited
to, information posted to any public areas of the Services, such as forums, any ideas for new products or
modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”).
All Unsolicited Information shall be deemed to be non-confidential and ShrubHub shall be free to reproduce, use,
disclose, and distribute such Unsolicited Information to others without limitation or attribution.
ShrubHub does not knowingly collect Personal Data from children under the age of 13. If you are under the
age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal
their children never to provide Personal Data on the Services without their permission. If you have reason
to believe that a child under the age of 13 has provided Personal Data to ShrubHub through the Services,
please contact us, and we will endeavor to delete that information from our databases.
Links to Other Web Sites:
operated or controlled by ShrubHub (the “Third Party Sites”). The policies and procedures we described
here do not apply to the Third Party Sites. The links from the Services do not imply that ShrubHub
endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for
information on their privacy policies.
Integrating Social Networking Services:
One of the special features of the Services is that it allows you to enable or log in to the Services
via various social networking services like Facebook or Twitter (“Social Networking Service(s)”).
By directly integrating these services, we make your online experiences richer and more personalized.
To take advantage of this feature, we will ask you to log into or grant us permission via the relevant
Social Networking Service. When you add a Social Networking Services account to the Services or log into
the Services using your Social Networking Services account, we will collect relevant information necessary
to enable the Services to access that Social Networking Service and your data contained within that Social
Networking Service. As part of such integration, the Social Networking Service will provide us with access
to certain information that you have provided to the Social Networking Service, and we will use, store and
in which Social Networking Services use, store and disclose your information is governed by the policies of
such third parties, and ShrubHub shall have no liability or responsibility for the privacy practices or other
actions of any Social Networking Services that may be enabled within the Service.
You may also have the option of posting your Services activities to Social Networking Services when you access
content through the Services (for example, you may post to Facebook that you performed an activity on the
Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers
on any Social Networking Services you have enabled will be able to view such activity.
ShrubHub takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse,
and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission
is ever fully secure or error free. In particular, email sent to or from the Services may not be secure.
Therefore, you should take special care in deciding what information you send to us via email. Please keep
this in mind when disclosing any Personal Data to ShrubHub via the Internet.
Other Terms and Conditions:
Your access to and use of the Services is subject to the Terms of Service at
The Services and our business may change from time to time. As a result, at times it may be necessary for
Access to Information; Contacting ShrubHub:
To keep your Personal Data accurate, current, and complete, please contact us as specified below.
We will take reasonable steps to update or correct Personal Data in our possession that you have
previously submitted via the Services.
information practices of the Services.
You may contact us as follows: firstname.lastname@example.org
SHRUBHUBPRO PROFESSIONAL PROFILE POLICY
Landscape / garden professionals or Plant Pal or Plant Pro (“Pros”) may elect to register as a professional
made available by ShrubHub to promote their business on the ShrubHub Platform.
By creating a Professional Profile, you acknowledge and agree to each of the following:
a. Authorized Person. You are a principal or employee authorized to create a Professional
Profile for the Pro.
b. Accurate Information.
i. You will provide accurate, truthful, and complete information regarding your business, and keep all
business information up to date;
ii. You will create only one Professional Profile for each location of your business;
iii. You will pick a business category that accurately describes your products and services; andalusia
ix. Professional Profiles created for business categories not supported by ShrubHub will be removed without noticeable
c. License Information. If your profession or business requires licensure, you agree to provide all
licensing information necessary to advertise your business online on ShrubHub.
Additionally you represent that any licensing information you provide is accurate and up to date;
d. Projects. You agree that any Projects posted on your Professional Profile represent
your own work, and you will not claim credit for the work of others;
e. Affiliations. ShrubHub may enable you to display your affiliation with certain trade
associations relevant to your business. You agree that you will only choose those organizations with
which you are actually affiliated for display on your Professional Profile, and promptly remove any
affiliations if no longer current. You agree that in certain circumstances ShrubHub may display your
affiliation with certain trade association partners on your Professional Profile on your behalf, e.g.
upon verification of membership by the trade association.
f. No Guaranteed Placements. The appearance of your Professional Profile in ShrubHub
search results is not guaranteed and is dependent on a number of factors, including without limitation
the popularity and volume of photos, reviews, and user interactions. ShrubHub does not guarantee specific
placements on ShrubHub except as part of paid local marketing packages;
g. Reviews. Customers may review your business on your Professional Profile. You understand
and agree that while all Reviews must follow our Review Policy, ShrubHub does not remove negative Reviews
that do not violate our Review Policy, regardless of whether a Pro is a paying customer or not. ShrubHub may
provide a means for you to request reviews from current and past customers, in which case ShrubHub will only
use customer contact information for the purpose of sending the request.
h. Removal. If you remove or deactivate your Professional Profile, subject to applicable
law any postings, reviews, photos, or comments you upload prior to deactivation may remain published on the
Site after removal or deactivation.