Effective Date: October 6, 2025
Overview
These Terms and Conditions, together with any policies they reference, explain how you may access and use evergreentreeexpertsdenver.com and any related site that links to these Terms (the "Website"). Please review them carefully, since they affect your legal rights and responsibilities.
By using the Website, you agree to these Terms. If you do not accept them, do not use the Website. We may update these Terms or limit access at any time, with or without advance notice. If you continue using the Website after changes are posted, that means you accept the revised Terms. The Website is intended for users in the United States and its territories. You confirm that you are legally able to enter into these Terms and that you meet these location requirements.
Our Privacy Policy describes how we collect, use, and protect personal information, and it is part of these Terms. By using the Website, you acknowledge that you have reviewed the Privacy Policy and agree to it.
These Terms contain a binding arbitration agreement and a class action waiver (see Section 20: Dispute Resolution).
1. The Website and What We Do
The Website operates as a technology service that lets homeowners and other consumers send service requests to independent providers offering tree care, maintenance, removal, and related services ("Third-Party Providers").
We do not:
- Perform tree services ourselves.
- Evaluate the quality, licensing, or legal compliance of Third-Party Providers.
- Confirm whether providers meet all applicable rules or permit requirements.
- Sponsor, endorse, or employ Third-Party Providers.
Using the Website gives you:
- Access to tools that connect you with Third-Party Providers.
- If you are a provider, a way to connect with potential customers.
You use all Website features at your own risk.
2. Form Submission and Contact Consent
When you submit a form, you agree that we may use your information as explained in the Privacy Policy. You also give us and Third-Party Providers permission to contact you by:
- Phone call, including autodialed or prerecorded calls
- Text message
- Postal mail
Message and data rates may apply. Your consent is not required to make a purchase. You can opt out by following the instructions provided.
You agree that:
- The information you provide is complete and accurate.
- We may monitor or record calls.
3. Eligibility and Authority
You may use the Website only if you can enter into a binding contract and satisfy all of the following:
- You are at least 18 years old.
- You are located in the United States or one of its territories.
- You are not restricted from using the Website under applicable law.
If you accept these Terms on behalf of a business, you represent that you have the authority to bind that business.
4. License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website on your personal devices. Any rights not specifically granted to you remain with us.
5. Restrictions on Use
You may not:
- Use the Website to compete with us, harass others, or carry out unlawful activity.
- Scrape, hack, disrupt, or overload the Website.
- Collect personal information from users for unwanted contact.
- Misrepresent yourself or your intentions.
- Copy, frame, monitor, or alter content without permission.
- Reverse engineer the Website or remove security protections.
We may suspend or end your access at any time without notice.
6. User Content and Feedback
You may submit content such as feedback, messages, or reviews. You keep ownership of your content, but you grant us a worldwide, perpetual, royalty-free license to use, reproduce, distribute, and display it.
You also represent that:
- You own the content or have the right to share it.
- Your content does not violate any law or the rights of another party.
We may use feedback for any lawful purpose without any duty to compensate you.
7. Links and Third-Party Sites
Any links to Third-Party Providers or outside websites are provided for convenience only. We are not responsible for their content, policies, or business practices. If you visit those sites, their own terms apply.
8. No Endorsement or Contracting
We do not verify, endorse, or guarantee any provider. Any quotes shown on the Website are for informational purposes only and are not binding. Any agreement for services is solely between you and the provider.
9. Premier Partners and Communications
By submitting your information, you authorize partner companies to contact you using automated technology, including phone or email. You do not have to give consent in order to buy services. For opt-out options, see Section 2.
10. Disputes with Third Parties and Release
Any dispute with a Third-Party Provider is strictly between you and that provider. You release us from claims connected to those disputes.
Colorado residents may have similar waiver rights or obligations; review local law for details.
11. Intentional False Information
If you provide false contact details or a false address, you may face legal liability. You agree to indemnify us and any affected providers for resulting losses and damages.
12. Proprietary Rights
All content on the Website, including text, graphics, trademarks, and copyrights, belongs to us or our licensors. Nothing in these Terms transfers ownership to you.
13. Reliance on Information
Information on the Website may be outdated, incomplete, or inaccurate. We do not guarantee that everything on the Website is complete or correct.
14. Termination and Changes
We may change, suspend, or discontinue the Website or your access to it at any time. Some provisions, including disclaimers and arbitration terms, survive termination.
15. Disclaimers
The Website is provided "as is" and "as available."
We disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
You use the Website at your own risk.
16. Limitation of Liability
To the maximum extent allowed by law:
- We are not responsible for indirect, incidental, or consequential damages.
- Our total liability is limited to $100 or the amount you paid us, whichever is greater.
Some laws may not allow certain limits, so these restrictions may not apply everywhere.
17. Indemnification
You agree to defend, indemnify, and hold us harmless from claims that arise out of your:
- Violation of these Terms
- Content you submit
- Interactions with providers
18. DMCA and Infringement Notices
Send infringement notices to:
DMCA Agent
4023 Kennett Pike #50129
Wilmington, DE 19807
Your notice should include:
- A description of the work and where it appears
- Your contact information
- A statement that you are authorized to act
Submitting false claims may create liability.
19. Electronic Communications
You agree to receive communications electronically through email or Website postings. Those communications satisfy any legal requirement for written notice.
20. Dispute Resolution and Arbitration
Any dispute must be resolved through binding arbitration under the Federal Arbitration Act, with administration by the American Arbitration Association (AAA).
- Location: Denver, Colorado
- Claims of $10,000 or less may be resolved through written submission.
- No class actions or jury trials are permitted.
- The arbitrator's decision is final and binding.
21. Choice of Law and Venue
These Terms are governed by Colorado law.
Any dispute that cannot be arbitrated must be filed in a state or federal court located in Colorado.
22. International Use
The Website is operated from the United States. If you access it from outside the country, you do so at your own risk.
23. Force Majeure
We are not responsible for delays or failures caused by events beyond our control, including natural disasters, war, and power outages.
24. California Notice
Consumers may contact the California Department of Consumer Affairs at:
400 R Street, Sacramento, CA 95814
Phone: (800) 952-5210
25. Statute of Limitations
Any claim related to the Website must be brought within one year unless a different deadline is required by law.
26. Severability, Waiver, and Entire Agreement
If any part of these Terms is found invalid, the rest will remain in effect.
Headings are included for convenience only.
These Terms and the Privacy Policy make up the entire agreement between you and us.
27. Miscellaneous
Using the Website does not create a joint venture, partnership, or employment relationship.
No third party has any rights under these Terms.
28. Contact
If you have questions, contact us at the address above.
All rights reserved.
