The Landscape Company: Terms of Use – Updated April 2015

This web site (“www.landscapecompany.ca”) is owned and maintained by The Landscape Company. By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions and notices contained in this Site Use Agreement. These general terms and conditions in this Agreement are referred to as this “Agreement.”

By using www.landscapecompany.ca, you express your understanding and agreement that you are bound by these general terms and conditions. If you are unwilling to be bound by these general terms and conditions, do not use www.landscapecompany.ca.

By using www.landscapecompany.ca, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations. Accessing or using any portion or feature of www.landscapecompany.ca from any territory where such portion or feature of www.landscapecompany.ca is illegal is prohibited.

The Landscape Company reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use www.landscapecompany.ca after such revisions are made, you express your understanding and agreement to such revised terms.

Intellectual Property

www.landscapecompany.ca and all of its contents (including but not limited to all text, images and software) are the property of The Landscape Company. or its licensors and are protected by Canadian and international copyright, trademark and/or other laws. The Landscape Company reserves all intellectual property rights not expressly granted under this Agreement.

Disclaimers

The material and information on www.landscapecompany.ca may contain technical, typographical or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing or availability) and may not be complete or current.

The Landscape Company DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. The Landscape Company may change any material or information on www.landscapecompany.ca at any time without prior notice, but The Landscape Company DOES NOT MAKE ANY COMMITMENT TO UPDATE MATERIAL OR INFORMATION ON THE SITE. The Landscape Company MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF CANADA AND ITS PROVINCES, TERRITORIES AND POSSESSIONS. The Landscape Company has not reviewed all of the sites to which links appear on www.landscapecompany.ca and is not responsible for their contents. The inclusion of any such link on www.landscapecompany.ca does not imply endorsement by The Landscape Company of any linked site, the use of which is at the user’s own risk.

Warranty Disclaimer

WITHOUT LIMITING THE FOREGOING, THE SITE AND ITS ENTIRE CONTENT ARE MADE AVAILABLE BY The Landscape Company “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF www.landscapecompany.ca ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT www.landscapecompany.ca AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. The Landscape Company DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT www.landscapecompany.ca OR ANY The Landscape Company WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

The Landscape Company ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON www.landscapecompany.ca OR ITS CONTENT. IN NO EVENT WILL The Landscape Company BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO www.landscapecompany.ca, ITS CONTENT, THE USE THEREOF, OR THE INABILITY TO USE www.landscapecompany.ca, EVEN IF The Landscape Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF The Landscape Company UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00 CDN).

Applicable Law and Dispute Resolution

The Landscape Company maintains and operates www.landscapecompany.ca from its facilities in Aurora and Toronto, in the province of Ontario, Canada. Use of www.landscapecompany.ca and its contents, all transactions arising from use of www.landscapecompany.ca, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Canada and the province of Ontario, without giving effect to any principles of conflict of laws. Any dispute between The Landscape Company and any user of the Site will be resolved by a provincial or federal court situated within Canada in the province of Ontario, and user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.

General

Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning. This Agreement sets forth the entire agreement and understanding between The Landscape Company and the user of www.landscapecompany.ca regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.

Copyright and Trademark

All Site content is Copyright ©2015 The Landscape Company. All rights reserved. Note that any product, process or technology described in www.landscapecompany.ca content may be the subject of other Intellectual Property rights reserved by The Landscape Company, and are not licensed hereunder. No materials from www.landscapecompany.ca may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on www.landscapecompany.ca for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content ofwww.landscapecompany.ca for public or commercial purposes, including the text, images, audio and video, without The Landscape Company’s’ prior written permission. The The Landscape Company logo are trademarks of The Landscape Company.