Terms & Condition

ACKNOWLEDGEMENT & ACCEPTANCE

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms of Service (the “Terms of Service” or “Agreement”). This Agreement, together with the Privacy Policy, applies to users who access, enroll in, or use the Service (“Users,” used interchangeably with “you” throughout this Agreement). “User” means you as an individual, as well as the employer or entity on whose behalf you are using the Service, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such employer or entity. “User” also includes consumers that use any of our services, as applicable.

LICENSE

Subject to User’s compliance with this Agreement, Texas Trees and More hereby grants User a revocable, non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User’s normal course of business, and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement.

Texas Trees and More will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time,

Texas Trees and More may restrict access to some parts of the Service, or the entire Service, to Users.

Texas Trees and More does not make any representations or guarantees regarding uptime or availability of the Service.

SUBSCRIPTION FEE FOR USE OF

Texas Trees and More Website

Subscription fee

Texas Trees and More has various levels of service that are billed on a subscription basis for the term as specified when you subscribed. When you sign up for a subscription-billing based account, you agree to pay for, and to allow us to bill your credit card (or other payment method provided by you) for, all due charges, including all taxes and other applicable charges, in advance, at regular intervals, in accordance with the term of the Services to which you subscribed. The subscription period can be month-to-month, annual, or three months. You understand and agree that we may elect to modify your billing frequency at any time, without notice, including, for example, billing a monthly subscription on a weekly basis.

ALL SUBSCRIPTIONS AUTOMATICALLY RENEW, IF NOT TERMINATED PRIOR TO SUCH AUTO-RENEWAL FOR A PERIOD EQUAL TO THE SUBSCRIPTION PERIOD.

For renewals,

Texas Trees and More will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. You hereby authorize us to re-bill for all sms and call credits that have been used by your account, any failed billing or past-due amounts, including charging any alternate forms of payment that you have provided. All Users are responsible for paying for their own ads.

Texas Trees and More cannot refund ad spend in any circumstance. Users are responsible for their own ads. Subscription fees will not be prorated or refunded, except as expressly set forth in this Agreement. We will bill you a full period’s subscription fee and you are responsible for payment of such fee unless the cancellation is within our Money-back guarantee window (see below). We reserve the right to revise pricing, for any or all of our offerings, at any time, and such revised pricing shall become effective upon our provision of notice or as otherwise provided in such notice. Any fees not paid when due may incur late payment fee equal to the lesser of 1.5% per month or the maximum amount allowed by law.

INTELLECTUAL PROPERTY, WEBSITE & ADS CONTENT

Ownership We or our licensors or partners own the intellectual property rights in the content and materials displayed on Our Website(s), including but not limited to any materials to which you have access via your use of our services (“Site Content”). You may use Our Website(s) (including any Site Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms of Service or by the owner of the materials.

You also grant

Texas Trees and More access to use your content for ads. This media may be shared with other users unless explicitly defined otherwise. You can email [email protected] to make this request.

Copyright

We respect the intellectual property rights of others and act in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any of your work on your website has been copied or was otherwise used in a way that constitutes copyright infringement, please immediately notify our designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please include the following information in writing to our designated Copyright Agent: (a) a physical or electronic signature and the contact information of the person authorized to act on behalf of the owner of the copyright, (b) a description of the copyrighted work you claim has been infringed, (c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material (including the URL address), (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (e) a statement that the information in the Notification is accurate, and, under penalty of perjury, a statement that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Please be advised that pursuant to federal law you may be held liable for damages if you make a material misrepresentation in the Notification. Thus, if you are not certain that your copyright has been infringed, you should consider consulting an attorney. Our Copyright Agent can be reached at the following address: Email: [email protected]. If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a written counter notification to our designated Copyright Agent using the contact information provided above (“Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (a) identification of the information that has been removed or disabled and the location at which the material appeared before it was removed or disabled, (b) a statement that you consent to the jurisdiction of the U.S. Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located, (c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent, (d) your name, address and telephone number, (e) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, and (f) your physical or electronic signature. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. By uploading your Materials, you agree (a) to allow other Internet users to view the Materials you post publicly to your Website, (b) to allow

Texas Trees and More to store, and in the case of Materials you post publicly, to display the Materials, and (c) that

Texas Trees and More can at any time review any of the Materials although

Texas Trees and More is not obligated to do so. You are responsible for ensuring that your Materials and the content uploaded do not violate any law or regulation, do not violate any rights of any third party, including any privacy rights, and do not infringe upon any intellectual property rights of any third party. Materials provided or obtained from ads may be used and shared with other users unless defined otherwise.

You can email [email protected] to make this request.

Your

Texas Trees and More account is not intended to be used for storing sensitive data, including but not limited to consumer credit card or bank account information.

You should not store such data in your

Texas Trees and More account, and you acknowledge and agree that

Texas Trees and More is not responsible for any storage of such information in your

Texas Trees and More account.

TERMINATION OF ACCOUNT

This Agreement will remain in full force and effect while you use the Service. Unless otherwise explicitly agreed to, you may terminate your account at any time, for any reason. To cancel an account, please send an email to [email protected] with at least 30 days of notice of your renewal date. If you terminate your account, your account will be disabled in 30 days. If this is the second instance you have canceled your account, you will be charged a cancellation fee of one-hundred dollars. You shall not receive any refund of any fees.

Texas Trees and More is not responsible for turning off or pausing your advertisements after cancellation. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to us. All decisions regarding the termination of accounts shall be made at our sole discretion. We are not required to provide you notice prior to terminating your account. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context. Upon termination of your account, we may retain your information, including Service Data, but we have no obligation to do so.

JURISDICTION AND CHOICE OF LAW

This Agreement is governed by and construed in accordance with the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions. You further agree that any dispute that is not required or eligible to be submitted to arbitration, as described below, shall be resolved in the state and federal courts located in Michigan, and you agree to sole and exclusive jurisdiction in Michigan. The Service is controlled and operated by

Texas Trees and More from its offices within the United States and is intended only for use by users in the United States. The Service is not intended to subject

Texas Trees and More to any non-U.S. jurisdiction or law.

Texas Trees and More makes no representation that the information or materials on or linked through the Service is appropriate or available for use in other locations. If a User chooses to access the Service from other locations, it does so on its own initiative and at its own risk and is responsible for compliance with all applicable laws, rules and regulations in its respective location in doing so.

DISPUTE RESOLUTION

You and We agree that, unless prohibited by any applicable laws, any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in Michigan, The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Service be instituted more than one (1) year after the cause of action arose. Subject to applicable law, any disputes between us will only be resolved on an individual basis, and YOU SHALL NOT HAVE A RIGHT TO BRING AN ACTION AGAINST US AS A MEMBER OR REPRESENTATIVE OF A CLASS OR IN ANY CONSOLIDATED OR COLLECTIVE ACTION OR IN ANY OTHER LEGAL PROCEEDING CONDUCTED BY A GROUP OR BY A REPRESENTATIVE ON BEHALF OF OTHERS AND ANY SUCH RIGHTS ARE EXPRESSLY WAIVED. Notwithstanding the above, nothing in this Agreement will be deemed to waive, preclude, or otherwise: (a) limit the right to bring an individual (non-class, non-representative) action in small claims court so long as such action remains in small claims court; (b) limit the right to pursue a private attorney general action where arbitration cannot be required under applicable law; (c) limit the right to seek injunctive relief in a court of law; (d) limit the right to file suit in a court of law to address an intellectual property infringement claim, or (e) limit

Texas Trees and More's right to file suit to collect unpaid amounts from you.

Disclaimer Of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND SERVICES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation Of Liability UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE AND SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NO THIRD PARTY BENEFICIARIES Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than

Texas Trees and More and the Users, any benefit, right or remedy.

RELATIONSHIP OF THE PARTIES

Texas Trees and More and Users are separate and independent entities, and the employee of one of those entities is not an employee of the other entity. We are not an agent of the Users and vice versa. In no event will

Texas Trees and More be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pros or any of its affiliates or their respective personnel.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and

Texas Trees and More and supersede all oral and written negotiations, communications or representations of the parties, whether verbal or in writing, with respect to the subject matter hereof, except as may provided in a written agreement signed by you and an authorized officer of

Texas Trees and More. These Terms of Service may not be modified or amended other than by an agreement signed by both parties. No employee, agent, or other representative of

Texas Trees and More has any authority to bind

Texas Trees and More with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in these Terms of Service.

MISCELLANEOUS

If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions. The failure by

Texas Trees and More to enforce any right or provision of this Agreement will not prevent

Texas Trees and More and Stump from enforcing such right or provision in the future. No delay, failure or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by an acts of war; terrorism, hurricanes, earthquakes and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party’s reasonable control.

Texas Trees and More may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, any other business combination or restructuring, or by operation of law. Users may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without

Texas Trees and More's prior written consent.

Texas Trees and More may send notices pursuant to this Agreement to User’s email and phone number contact points provided by User, and such notices will be deemed received at the time they are sent. It is the User’s obligation to keep User’s contact information up to date. Users may send notice pursuant to this Agreement to the email address below. Any and all dollar amounts in this Agreement refer to U.S. dollars.

Contact Information If you have questions or comments about the Service or this Agreement, please contact us at

[email protected].