PRIVACY POLICY

Last modified: May 15, 2023

Introduction

Weston Landscape and Design, LLC (“Weston” or “We” or “Us” or “Our”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://westonlandscape.net/ (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Website.
• Through the LandscAPPer app.
• In email, text, and other electronic messages between you and this Website.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Weston or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, birthdate, or payment information (“personal information”);
• That is about you but individually does not identify you; and
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, or requesting further services. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your search queries on the Website.
• Your response to surveys.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Weston, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Payment Information

When you make a payment on the Website, your payment is processed by a third party payment processor. We do not store or process payment information.

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Disclosure of Your Information

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Weston Landscape and Design, Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Weston Landscape and Design, Inc. about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Website Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Weston Landscape and Design, Inc., our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Accessing and Correcting Your Information

You can review and change your personal information by sending us an email at Ryan@Westonlandscape.net to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

State Privacy Laws

We do not meet the conditions as outlined in Section 1798.140 of the California Consumer Privacy Act of 2018 (the “CCPA”) and therefore are not subject to CCPA requirements. We are also do not meet the eligibility conditions outlined in the Virginia Consumer Data Protection Act, Colorado Privacy Act, Connecticut Data Privacy Act, or Utah Consumer Privacy Act and are therefore are not subject to the requirements of these laws. For specific information related to your ability to access and correct your personal information, see Accessing and Correcting Your Information above.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Ryan@Westonlandscape.net.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

720.206.7798

Ryan@Westonlandscape.net

TERMS & CONDITIONS

INTRODUCTION

These Terms & Conditions govern your use of westonlandscape.net; by using this website, you accept these Terms & Conditions in full. If you disagree with these Terms & Conditions or any part of these Terms & Conditions, you must not use this website.

You must be at least 13 years of age to use this website. By using this website, & by agreeing to these Terms & Conditions, you warrant & represent that you are at least 13 years of age.
This website uses cookies. By using this website & agreeing to these terms & conditions, you consent to our use of cookies in accordance with the terms of our ‘COOKIES POLICY.’

COOKIES POLICY

About Cookies

This website uses cookies. By using this website & agreeing to this policy, you consent to Weston’s use of cookies in accordance with the terms of this policy.

Cookies are files sent by web servers to web browsers, & stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify & track web browsers.

There are two main kinds of cookies: session cookies & persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Cookies on Our Website

Cookies on this Website are used strictly for Google Analytics (see below), & remote services for our clients.

Google Cookies

westonlandscape.net uses Google Analytics to analyze the use of this website. Google Analytics generates statistical & other information about website use by means of cookies. The information generated relating to our website is used to create reports about the use of the website. Google will store & use this information. Read Google’s Privacy Policy for more information.

We do not use Google Adsense.

[Other] Third Party Cookies

None.

Refusing Cookies

Most browsers allow you to refuse to accept cookies. However, blocking cookies will have a negative impact upon the usability of some websites.

In Chrome, cookies can be refused by navigating to the menu icon > Settings > Show advanced settings > Content settings & selecting “Block sites from setting any data” (as well as “Block third-part cookies and site data” if desired).

In Firefox, you can adjust your cookies settings by clicking Tools > Options > Privacy.

In Internet Explorer, you can refuse all cookies by clicking Tools > Internet Options > Privacy, & selecting “Block all cookies” using the sliding selector.

In Opera, you can refuse cookies by selecting Settings > Quick Preferences & unchecking “Enable Cookies.”

In Safari, cookies can be blocked by clicking the menu icon > Preferences > Privacy, & selecting the “Never” radio button.

CODE OF CONDUCT

We want all visitors to our websites to have a safe, interesting and friendly experience. Accordingly, all users of our site (as well as client sites) & any contributions they make to the sites must comply with this Code of Conduct. Your use of our website(s) means that you accept & agree to abide by this Code of Conduct in conjunction with our Terms & Conditions of which it is a supplement.

We may need to revise the Code of Conduct from time to time by amending this page. Please review this page regularly to ensure you are aware of any changes we make as they are legally binding on you.

If you reasonably believe that any contribution to our website(s) made by another user contravenes this Code of Conduct and/or any of the Website Terms, please notify via this contact form.

Within this Code of Conduct, “contribution” means any material posted or uploaded to our websites by a member of the public, including without limitation any text, photographs, graphics, video or audio material.

YOUR CONTRIBUTIONS:

• Must be your own original work. You may be entitled to incorporate into your contribution certain material made available on our website(s) but only where that is expressly made clear. Otherwise, all material in your contributions must be your own original piece of work & should not plagiarize others’ work.
• Must not infringe anyone else’s rights, including copyright. Your contributions must not plagiarize or infringe the rights of any other person including any copyright, database, trade mark, trade secret, privacy, publicity, personal or proprietary rights of any kind. Therefore with regard to existing articles, news reports, music, video clips or other copyright material you will generally need the explicit permission of the relevant copyright owners.
• Must not contain unlawful or objectionable content nor involve disruptive, offensive or abusive behavior. Please be respectful & civil to other members, even if you disagree with them. Material that is unlawful, harassing, threatening, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable. This isn’t 4chan; don’t do it.
• Must be true & accurate. Your contributions must be true, accurate (where they state facts) & be genuinely held (where they state opinions).
• Must not contain unsuitable or irrelevant website addresses or URLs. Links to pornography, commercial or other inappropriate content will be deleted.
• Must not promote illegal or anti-social behavior. Contributions must not contain violent or sexually explicit material or advocate, promote or assist any unlawful act such as (by way of example only) terrorist acts, copyright infringement or computer misuse.
• Must not misrepresent their origins. Contributions &/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or to give the impression that they emanate from us, if that is not the case.
• Must not be in any language other than English (or the predominant language of the website if not English). Contributions in other languages may be removed where applicable.
• Must not involve any flooding, spamming or advertising. Flooding is when the same comment is posted over & over in the same forum; spamming is the posting of the same comment (or very similar) to more than one forum. All advertisements, chain letters, pyramid schemes, junk mail & any other forms of commercial solicitation are prohibited.
• Must not disclose any personal information. Contributions to this website are publicly available & can be viewed by others with whom you may not wish to share such information. Do not include any personal or personally identifiable information about you or others (including your own or anyone else’s email address).
• Must not include spoilers. Please do not post any messages in forums (or in any other form of contribution) containing plot developments that have yet to be broadcast on local television, radio or in cinemas. These may spoil the enjoyment of others.

In relation to any forum, please note that when the first post in a thread is deleted, all of its subsequent replies may also be automatically deleted. This means that some of your posts may be deleted because they were placed in response to a post that contravened the Code of Conduct. Keeping your post within these rules will not only ensure that your posts are not removed from the forums, but also that the posts of others will remain.

BREACH OF THE CODE OF CONDUCT

It will be our sole decision as to whether there has been a breach of this Code of Conduct. We have the right (but not the obligation) to edit, refuse to post, or to remove any contribution in whole or in part that we deem to be in breach of the Code of Conduct. Where we believe there is a breach of the Code of Conduct, we may take whatever action we feel is appropriate in the circumstances.

Failure to comply with this Code of Conduct constitutes a material breach of the Terms & Conditions, which could result in us taking any of the following actions:

• Issuing a warning to you;
• Immediate, temporary or permanent withdrawal of any contribution or of your right to use our website(s), including deletion of any personal profile (where applicable);
• Legal proceedings against you for reimbursement of all losses & costs on an indemnity basis (including, but not limited to, reasonable administrative & legal costs) resulting from the breach &/or further legal action against you (see the ‘INDEMNITY’ section below);
• Disclosure of such information to law enforcement authorities or other relevant third parties as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Code of Conduct. The responses described in this policy are not limited, & we may take any other action we reasonably deem appropriate.

LICENSE TO USE WEBSITE

Unless otherwise stated, Weston Landscape & Design Inc. &/or its licensors own the intellectual property rights in the website & material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, & print pages or other featured content from the website for your own personal use, subject to the restrictions set out below & elsewhere in these Terms & Conditions.

You must not:

• Republish material from this website (including republication on another website)
• Sell, rent or sub-license material from the website
• Show any material from the website in public
• Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
• Edit or otherwise modify any material on the website for any purpose
• Redistribute material from this website (except for content specifically and expressly made available for redistribution by Weston Landscape & Design Inc. for use only within your organization).

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction & data harvesting) on or in relation to this website without the express written consent of Weston Landscape & Design Inc.

You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without express written consent from Weston

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Weston Landscape & Design Inc. reserves the right to restrict access to specific areas of this website, or indeed this entire website, at our discretion.

Weston provides you with a password for use with Remote Support, you must ensure that the password is kept confidential during it’s use, and before its expiration.

USER CONTENT

In these Terms & Conditions, “your user content” means material (including without limitation text, images, audio material, video material & audio-visual material) that you submit to this website, for whatever purpose.

You grant Weston Landscape & Design Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media if & when applicable. You also grant Weston the right to sub-license these rights, & the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, & must not be capable of giving rise to legal action whether against you or Weston Landscape & Design Inc. or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Weston reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.

Notwithstanding Weston’s rights under these Terms & Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content, on this website.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. Weston Landscape & Design Inc. makes no representations or warranties in relation to this website or the information & materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

• This website will be constantly available, or available at all;
• The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

LIMITATIONS OF LIABILITY

Weston Landscape & Design will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• The extent that the website is provided free-of-charge, for any direct loss;
• For any indirect, special or consequential loss;
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Weston has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; nothing in this website disclaimer will exclude or limit Weston’s liability in respect of any:

• Death or personal injury caused by Weston’s negligence;
• Fraud or fraudulent misrepresentation on the part of Weston;
• Matter which it would be illegal or unlawful for Weston to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions & limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, Weston Landscape & Design Inc. has an interest in limiting the personal liability of its officers & employees. You agree that you will not bring any claim personally against our officers or employees in respect to any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties & liability set out in this website disclaimer will protect Weston’s officers, employees, agents, subsidiaries, successors, assigns & sub-contractors as well as Weston as an entity itself.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify Weston Landscape & Design & undertake to keep Weston indemnified against any losses, damages, costs, liabilities & expenses (including without limitation legal expenses & any amounts paid by Weston to a third party in settlement of a claim or dispute on the advice of Weston’s legal advisers) incurred or suffered by Weston arising out of any breach by you of any provision of these Terms & Conditions, or arising out of any claim that you have breached any provision of these Terms & Conditions.

BREACHES OF THESE TERMS & CONDITIONS

Without prejudice to Weston’s other rights under these Terms & Conditions, if you breach these Terms & Conditions in any way, Weston may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website &/or bringing court proceedings against you.

VARIATION

Weston may revise these Terms & Conditions from time-to-time. Revised Terms & Conditions will apply to the use of this website from the date of the publication of the revised Terms & Conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

Weston may transfer, sub-contract or otherwise deal with our rights &/or obligations under these Terms & Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights &/or obligations under these Terms & Conditions.

SEVERABILITY

If a provision of these Terms & Conditions is determined by any court or other competent authority to be unlawful &/or unenforceable, the other provisions will continue in effect. If any unlawful &/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, & the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These Terms & Conditions, including the aforementioned ‘COOKIES POLICY,’ constitute the entire agreement between you & Weston Landscape & Design Inc. in relation to your use of this website, & supersede all previous agreements in respect of your use of this website.

LAW & JURISDICTION

These Terms & Conditions will be governed by & construed in accordance with U.S. federal & Oklahoma state law, International Criminal Court or Tribunal for Cyberspace (ICTC), & any applicable cybercrime laws in their respective jurisdictions; any disputes relating to these Terms & Conditions will be subject to the non-exclusive jurisdiction of the appropriate courts.

WESTON’S DETAILS

The full name of ‘Weston’ or ‘Weston Landscape & Design’’ is Weston Landscape & Design Inc.
Weston’s [registered] address is 2190 S. Raritan Street, Englewood, CO 80110.