MonthlyPay Terms and Conditions

THE TERMS OF THIS CONTRACT ARE CONTAINED ON MORE THAN ONE PAGE

These Terms and Conditions (“Terms”) apply to your participation in TruGreen Limited Partnership’s (“TruGreen”) MonthlyPay Program (“Program”). These Terms along with the additional disclosures provided to you via email at your enrollment in the Program constitute the agreement between you and TruGreen with regard to your participation in the Program (“Agreement”). These Terms include mandatory arbitration and class action waiver provisions, so please read them carefully.
 

Billing

You will be billed the monthly payment amount TruGreen provided you when you enrolled in the Program. Payment is due each month on the date selected at enrollment even if TruGreen does not send you an invoice demanding payment. Each payment will be debited on its due date or the first business day thereafter. You hereby authorize TruGreen to initiate debit entries to your specified account on and after each due date, the date of cancellation of this Agreement, and/or the incurrence of any fee such as a late charge or return payment charge, and to debit the same from such account. This authorization will remain in effect until you notify TruGreen in writing to cancel it and allow such time as necessary to afford TruGreen a reasonable opportunity to act upon that notification. You understand that cancellation of this authorization does not cancel this Agreement or your responsibilities thereunder.

Cancellation by You

You, the buyer, may cancel your enrollment in the Program at any time prior to midnight of the fifth business day after you enroll and receive a full refund of any amount you have already paid minus any amount due for services rendered.

While TruGreen allows you to cancel at any time by written or oral notification, some states laws require in certain types of transactions, of which this transaction may or may not be applicable, to further notify you of your statutory right to cancel this transaction within five business days. Specifically, you may cancel this transaction, without any penalty or obligation, within five business days. Since your lawn service agreement does not involve the sale of goods, but rather the sale of a service, some of the language of the statutory notice contained below may be inapplicable.

Nevertheless, to the extent that state law may apply to this transaction, TruGreen is obligated to provide Notice in the form contained below:

Notice of Cancellation

You may cancel this transaction, without penalty or obligation, within five business days from the date on which you agree to purchase seller’s service. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated written notice to TruGreen Corporate Customer Care, 1790 Kirby Parkway Memphis, TN 38138, or call 1-800-TRUGREEN, not later than midnight of the fifth business day following the date on which you agree to this transaction.

After five business days you may cancel your participation in the Program at any time by writing to TruGreen Corporate Customer Care, 1790 Kirby Parkway Memphis, TN 38138, or calling 1-800-TRUGREEN.

Cancellation by TruGreen

Notwithstanding any other terms herein, TruGreen may cancel your Agreement at any time for TruGreen’s convenience.

Effect of Cancellation

Upon cancellation, TruGreen will calculate the value of the services rendered based the program of services provided to you including any applicable taxes and fees. If the value of services rendered exceeds the total payments received by TruGreen, TruGreen will promptly debit your payment method on file for the amount due and payable. If the value of services rendered is less than the total of payments received by TruGreen, TruGreen will refund the amount you paid in excess of services rendered, within thirty (30) days. TruGreen may process the refund as a payment back to your payment method, check, ACH, or issuance of a prepaid debit card, at TruGreen’s discretion.

Additional Services

If you request any one-time services beyond those specified in the Agreement, TruGreen may, in its sole discretion, provide such services to you at the cost disclosed to you by TruGreen prior to performing the services. If you add services that recur from year to year or within a single year, TruGreen will adjust your monthly payment under the Program to reflect the cost of these additional services.

TruGreen Guarantee

TruGreen will gladly visit your property as needed between scheduled visits to ensure your satisfaction. This Guarantee applies to annual program customers only.

Continuous Service

To optimize the effectiveness of your plan, it is important to apply the right products at the right time. For this reason, both your service and your Program continue from year to year without any action on your part, subject to your ongoing right to cancel as described above. Notwithstanding the foregoing, if the price or services will change in the renewal period, we will send you notice of the change and you may choose to decline the change by cancelling your Program. If you do not decline, your Program will automatically renew under the new terms.

Non-payment and Default

The obligation of TruGreen hereunder is conditioned upon payment in full of all payments including any additional fees, and failure to pay such amounts shall result in cancellation of this Program in its entirety and discharge TruGreen of any contractual obligation but will not relieve you of your obligation to pay any amounts due under this Agreement.

Cell Phone Contact Information

If you have provided TruGreen with your cell phone number, you agree that TruGreen may contact you on that number using an automatic telephone dialing system or prerecorded or artificial voice to discuss your account and lawn care services, including without limitation, current and possible future services, customer service, and billing including after cancellation of this or any other agreement you have or may have in the future with TruGreen. You understand that providing your cell phone number is not required to purchase TruGreen’s services and that cancellation of this Agreement does not automatically revoke this consent.

Class Action Waiver

Any Claim must be brought in the party’s individual capacity, and not as a class member in any purported class, collective, representative, multiple plaintiff, or similar basis (“Class Action”), and the parties expressly waive any ability to maintain any Class Action in any forum whatsoever, including, but not limited to, any action based on the Telephone Consumer Protection Act, California Consumer Privacy Act, other state and federal laws related to privacy of personal information or data security, the Fair Debt Collection Practices Act, or other state and federal laws related to the collection of debts.

Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE AS A PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE CANCELLATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.

Mandatory Arbitration

You and TruGreen agree that any claim, dispute or controversy (“Claim”) between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement including but not limited to any tort or statutory Claim shall be resolved by neutral binding arbitration by the American Arbitration Association(“AAA”), under the Consumer Rules of the AAA in effect at the time the Claim is filed (“AAA Rules”). Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which the subject property is located. AAA Rules and forms may be obtained and all claims shall be filed at any AAA office, www.adr.org or by calling 1-800-778-7879. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the dispute. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses. The arbitration fees and arbitrator compensation shall be payable as provided in the AAA Consumer Rules. However, for a Claim of $15,000 or less brought by you in your capacity as a consumer, if you so request in writing, TruGreen will pay your arbitration fees and arbitrator compensation due to the AAA for such Claim to the extent they exceed any filing fees that you would pay to a court with jurisdiction over the Claim. To the fullest extent permitted by law, the arbitrator shall not have the power to award special, consequential or indirect damages against any party. The arbitrator’s power to conduct any arbitration proceeding under this arbitration agreement shall be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a consolidated, class action, multi-claimant or private attorney general action. The foregoing prohibition on consolidated, class action, multi-claimant and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause. The decision of the arbitrator shall be a final and binding resolution of the Claim without option to appeal. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. 9 U.S.C Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. Neither party shall dispute the enforcement of this arbitration agreement or the arbitrator’s award. If either party unsuccessfully disputes the enforcement of this agreement or the arbitrator’s award, then that party shall pay the attorney’s fees and costs of the adverse party. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION. THE PARTIES AGREE THAT THIS PROVISION IS INTENDED TO AND SHALL SURVIVE CANCELLATION OF THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.

Governing Law

This Agreement will be governed by the laws of the State of Tennessee without regard to its conflicts of law provisions.

Force Majeure

Any party will be excused from failures or delays in delivery or performance hereunder (except the payment of amounts due under this Agreement) if such failure or delay is attributable to causes beyond the party’s reasonable control and such failure or delay could not have been prevented or circumvented by the non-performing party through the use of alternate sources, workaround plans, or other reasonable precautions. In the event of any such delay, the time of delivery or performance and time of payment will be extended for a period of time equal to the time lost by reason of such delay (unless otherwise specified in writing between the parties) provided that such party continues to use reasonable efforts to recommence performance as soon as possible.

Miscellaneous

If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. Provisions which by their nature would survive cancellation of this Agreement will be deemed to survive. The section headings in this Agreement are for reference and convenience only and do not explain, modify, interpret, or expand the provisions of this Agreement. All dollar values in this Agreement are expressed in United States Dollars. This Agreement set(s) forth the entire understanding between the parties with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous representations, discussion, negotiations, letters, proposals, agreements, and understandings between the parties with respect to the subject matter hereof, whether written or oral. No right or remedy herein conferred upon or reserved to either party is intended to be exclusive of any other right or remedy unless otherwise specified herein, and each and every right and remedy will be cumulative and in addition to any other right or remedy under this Agreement, or under applicable law, unless otherwise specified herein, whether now or hereafter existing. You may not assign this Agreement to any person without our prior written consent. We may assign this Agreement without restriction. No term or provision of this Agreement will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed on behalf of the party against whom it is asserted. Any consent by any party to, or waiver of, a breach of another, whether express or implied, will not constitute consent to, waiver of, or excuse for any different or subsequent breach of this Agreement by such party.

Tree and Shrub Disclaimer

The TruGreen® Tree & Shrub program includes fertilization of common trees and shrubs, and controls common foliar insects and diseases. It does not include treatment of specialty trees such as fruit or certain ornamentals, or assessment and treatment of trees over 25 ft. in height. For more details, go to TruGreen.com.

Privacy Policy

For information about how TruGreen collects and uses personal information, visit http://www.trugreen.com/about/privacy-policy.

Updates

TruGreen may update these Terms from time to time and, if you are an active Program participant, will provide notice to you via email at least thirty (30) days before any update is effective. If you do not cancel your participation in the Program prior to the effective date of the update, you will be deemed to have accepted the updated Terms.

TruGreen’s Contact Information

You may contact TruGreen with questions by writing TruGreen Corporate Customer Care, 1790 Kirby Parkway Memphis, TN 38138, or calling 1-800-TRUGREEN.

Notices

In some circumstances, the following state-specific provisions may be applicable:

Florida – Notice to the Buyer

Do not agree to this Agreement before you read it or if it contains any blank spaces. You are entitled to an exact copy of the Agreement to which you agree. Keep it to protect your legal rights.

Georgia – Notice to the Buyer

Do not agree to this Agreement before you read it or if it contains any blank spaces. You are entitled to an exact copy of the Agreement to which you agree. You have the right to pay in advance the full amount due and under certain conditions to obtain a partial refund of the time price differential.

Illinois – Notice to the Buyer

Do not agree to this Agreement before you read it or if it contains any blank spaces. You are entitled to an exact copy of the Agreement to which you agree. Under the law you have the right, among others, to pay in advance the full amount due and to obtain under certain conditions a partial refund of the finance charge.

Kentucky –Notice to the Buyer

DO NOT AGREE TO THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE AGREEMENT TO WHICH YOU AGREE.

Missouri – Notice to the Buyer

DO NOT AGREE TO THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE AGREEMENT TO WHICH YOU AGREE. UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CIRCUMSTANCES TO OBTAIN A PARTIAL REFUND OF THE TIME CHARGE.

New Jersey – Notice to the Buyer

Do not agree to this Agreement in blank. You are entitled to a copy of the Agreement to which you agree at the time you agree to it. Keep it to protect your legal rights.

New York – Notice to the Buyer

Do not agree to this Agreement before you read it or if it contains any blank space. You are entitled to a completely filled in copy of this Agreement. Under the law, you have the right to pay off in advance the full amount due. If you do so, you may, depending on the nature of the credit service charge, either (a) prepay without penalty, or (b) under certain circumstances obtain a rebate of the credit service charge.