(919) 357-3376

Triangle Area

Emergency Service Available

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES, YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE AND CONSENT TO THIS STATEMENT.

These Terms of Use, herein referred to as “Terms”, applies to your access to and use of the websites, mobile applications, and online services, herein referred to as “Sites”, of Medrano’s Tree Services, Inc., herein referred to collectively as “Medrano’s Inc.”, “we”, or “us” and explains how information about you is collected, used, and disclosed by Medrano’s Inc. and our subsidiaries and affiliates (collectively, “Medrano’s Inc.,” “we” or “us”) when you access or use our websites or other online or mobile services or applications (“Services”) or otherwise interact with us.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Medrano’s Inc., or our subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept and consent to these Terms on such entity’s behalf and that such entity agrees and consents to indemnify you and Medrano’s Inc. for its violations of these terms.

This Policy is separated into two parts and multiple articles. Part One applies to all users, services and communications with Medrano’s Inc., but Part Two only applies to those who make a purchase with us.

Medrano’s Inc. reserves the right to change or modify this Statement at any time and in our sole discretion. If Medrano’s Inc. makes changes to this Statement, we will provide you with notice of such changes by updating the date at the top of this Statement. Your continued use of the Sites will confirm your acceptance of the revised Statement. We encourage you to frequently review this Statement to ensure you understand the Statement that applies to your use of the Sites. If you do not agree and consent to the amended Statement, you must stop using the Sites. Any use of the Sites in violation of this Statement may result in, among other things, termination of your account.

We may supply different or additional notices of our information practices specific to certain programs or activities. We may also provide different notices of our information practices with respect to certain subsidiaries or affiliates, in which case this Statement will not apply.

If you have any questions regarding the use of the Sites, please refer to the Help Center on medranosinc.com. All other questions or comments about the Sites or their contents may be directed to customer service by calling (720) 415-9754 or emailing us (see Contact Us).

REVISED 05/16/2022

Part One — Terms for All Site Users

ARTICLE ONE — PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and share information about our users.

ARTICLE TWO — ELIGIBILITY, REGISTRATION & ACCOUNT

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you

a) have not previously been suspended or removed from the Sites;

b) do not have more than one Site account; and

c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

In order to create a profile on the Sites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify us if you discover or otherwise suspect any security breaches related to the Sites.

ARTICLE THREE — OWNERSHIP OF SITE CONTENT

Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the Medrano’s Inc. logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of Medrano’s Inc. or our affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, non-sub-licensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes:

a) any resale of the Sites or Site Content;

b) the collection and use of any product listings, pictures or descriptions;

c) the distribution, public performance or public display of any Site Content;

d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof;

e) use of any data mining, robots or similar data gathering or extraction methods;

f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or

g) any use of the Sites or the Site Content other than for its intended purpose.

Any other use of the Sites or the Site Content, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

ARTICLE FOUR — REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Medrano’s Inc. has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, account holders who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.

Name of Designated Agent: Elisa Kerchmar

Address: Montology, [email for address], Boulder, CO 80302

Phone: (720) 415-9754 Email

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.

ARTICLE FIVE — TRADEMARKS

“medrano’s”, “medrano’s tree service”, “medrano’s tree services”, the Medrano’s logo, and other Medrano’s product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of Medrano’s Tree Services, LLC. and our affiliates or subsidiaries and may not be copied, imitated or used, in whole or in part, without our prior written permission or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Medrano’s” or any other name, trademark or product or service name of Medrano’s without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, the service mark, trademark and/or trade dress may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation.

If you believe that anything on the Sites infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).

ARTICLE SIX — HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes and for approved commercial purposes, provided such link does not portray Medrano’s Inc. or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may use a Medrano’s Inc. logo or other proprietary graphic of Medrano’s Inc. to link to the Sites without the express written permission of Medrano’s Inc., but we may revoke the right at any time.

We make no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

ARTICLE SEVEN — USER CONTENT AND INTERACTIVE FEATURES OR AREAS

The Sites may include profiles, services, service reviews or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include your Site account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

c) User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Montology or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);

d) User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;

e) User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;

f) User Content that does not clearly and prominently disclose any material connections you may have to our company or third-party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);

g) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

h) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

i) Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and

j) User Content that, in our sole judgment, restricts or inhibits any other person from using or enjoying the Sites or which may expose Montology or our users to any harm or liability of any type.

We encourage our users to report User Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Sites or, for content that infringes copyright or trademark rights, by following the instructions in Sections 4 and 5 of Part One of these Terms). Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by such Terms. Although we have no obligation to screen, edit or monitor any of the User Content posted on the Sites, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.

ARTICLE EIGHT — RIGHTS IN USER CONTENT

Except as otherwise provided herein, on the Sites or in a separate agreement with us (such as the rules of a contest), Medrano’s Inc. claims no ownership or control over any User Content. However, by submitting or posting User Content on the Sites, you grant Medrano’s Inc. and our subsidiaries and affiliates a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of the Sites the right to access your User Content in connection with their use of the Sites. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete a vote you submitted that has already been counted or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.

By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Medrano’s Inc. that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms, our Site Rules, any other applicable terms, guidelines or policies or any applicable law, rule or regulation.

ARTICLE NINE — FEEDBACK

Separate and apart from User Content, you have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding the Sites, Medrano’s Inc. and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become the sole property of Medrano’s Inc.. Medrano’s Inc. shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.

ARTICLE TEN — USER CONDUCT

You agree that you will not violate any law, contract or intellectual property or other third-party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Sites. You also agree to abide by our Site Rules and that you will not:

· Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;

· Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;

· Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;

· Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);

· Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

· Use or attempt to use another’s account without our explicit authorization;

· Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;

· Engage in any harassing, intimidating, predatory or stalking conduct;

· Develop any third-party applications that interact with User Content and our Sites;

· Interfere with or damage the operation of the Sites or introduce to the Sites or its users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or

· “Frame” our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose, other than with explicit written and signed permission.

We have no obligation to monitor any user conduct on the Sites, and we reserve the right and have absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice. We do not approve or endorse any user-posted meetings or events referenced on the Sites and we recommend exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.

ARTICLE ELEVEN — NO THIRD-PARTY BENEFICIARIES

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

ARTICLE TWELVE — INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Medrano’s Inc. and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Medrano’s Inc., the “Medrano’s Inc. Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify the Medrano’s Inc. Parties of any third-party Claims, cooperate with the Medrano’s Inc. Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the Medrano’s Inc. Parties shall have control of the defense or settlement of any third-party Claims.

ARTICLE THIRTEEN — DISCLAIMERS

Except as expressly provided, the Sites, Site Content, User Content and services provided on or in connection with the Sites (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. MEDRANO’s INC. DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Medrano’s Inc. does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Medrano’s Inc. does not represent or warrant that the Sites or our servers are free of viruses or other harmful components.

The Site Content, including, but not limited to, Medrano’s Inc. videos and Medrano’s Inc. articles, is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on equipment and techniques by the wide variety of circumstances that can be encountered the field. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced technicians.

ARTICLE FOURTEEN — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Medrano’s Inc. and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Medrano’s Inc., the “Medrano’s Inc. Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of the Sites; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Sites; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify the Medrano’s Inc. Parties of any third-party Claims, cooperate with the Medrano’s Inc. Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the Medrano’s Inc. Parties shall have control of the defense or settlement of any third-party Claims.

ARTICLE FIFTEEN — MODIFICATIONS TO SITE

We reserve the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.

ARTICLE SIXTEEN — APPLICABLE LAW AND VENUE

THESE TERMS AND YOUR USE OF THE SITES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH FEDERAL AND STATE LAWS, APPLICABLE TO ALL AGREEMENTS MADE, WITHOUT RESORT TO A CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY AND STATE WHERE THE SERVICES & PRODUCT WERE ACCESSED AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.

ARTICLE SEVENTEEN — TERMINATION

You may terminate the Terms at any time by closing your account, discontinuing your use of the Sites and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites.

ARTICLE EIGHTEEN — SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

If you feel that we have not ethically upheld our standard terms, policies, or statements, you have difficulty understanding our terms, policies, or statements, using or accessing any element of this website, concerns about any of our products, services, or if you have any feedback, please feel free to contact our webmaster consultants, Montology Co., by phone at (720) 415-9754 or leave feedback and technical tickets here. We will work with you to make all reasonable efforts to correct the issue and assist with immediate needs.