Thank you for considering Limb Snap for your marketing needs! Limb Snap, LLC, an Oregon limited liability company (“Limb Snap” or sometimes “we” and “our”), provides the Limb Snap application, available on native Android and iOS operating systems, and available in the respective Google and iTunes stores (the “App”), as well as the postcard sending service (the “Service”) that is featured and hosted on the App. These Terms of Service (the “Terms”) describe the legal relationship between you (sometimes we refer to people like you as “Users” or a single “User,” for the most part we use “you” and “your” to refer to you) and Limb Snap. Your use of the App or the Service will be deemed acceptance of these Terms. These Terms may change from time to time, or at any time. Limb Snap will make commercially reasonable efforts to alert Users that the Terms have changed. Continued use of the App or Service after any such change in the Terms will be deemed acceptance of the modified Terms.
What Limb Snap Does
Limb Snap provides an App and Service to allow arborists and tree care companies the ability to send postcard mailers to a physical address for the purposes of sales and marketing for their respective company. Limb Snap’s only role in the transaction is the compiling and sending of these postcards.
Use of the Service; User Accounts
Downloaders of the App, as well as registered users of the App, are all considered “Users” for the purposes of these Terms. A visitor is someone who has not registered for a user account with Limb Snap, and has simply downloaded the App or visited our marketing website at limbsnap.com. Registered users are Users who have provided account information and been assigned a user account name and password (a “User Account”). Registered Users are able to post information to the Service regarding their intention to send postcards. Your account credentials are your responsibility: Limb Snap will assume that activity that originates from your User Account is intentional. Even if you subsequently inform us that your User Account was compromised, we may at our sole discretion process payments for sent postcards based on information posted from your User Account. Please safeguard your User Account credentials and promptly notify Limb Snap if you believe your credentials have been compromised.
The Fine Print
Licenses; Restrictions on Use
If you are 18 or older, and register for a User Account, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access the Service in compliance with these Terms. Unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from the App or the Service. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with the Service, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Misleading, unsolicited, unlawful, and/or spam postings/email are prohibited. You may not utilize robots, spiders, scripts, scrapers, or crawlers for the purpose of replicating, re-posting, or otherwise monetizing content on the App. Limb Snap reserves the right to, in its sole discretion, suspend, delete, modify, or otherwise moderate any post placed on the Service.
Fees and Payments
If you wish to send postcards using the App, you may provide credit card information in your account information screen. That card will be retained in your records for any purchase that you make on the App. Adding your credit card information does not obligate you to any purchases. Limb Snap will only charge your card if you select a postcard package on the App. To the extent permitted by law, payments are nonrefundable, even if you have objections or complaints about the postcards that were sent using the service. Any postcards that were purchased as part of a package on the App will expire after 2 years if not used within that amount of time.
Limb Snap does not retain your credit card information; instead, the information is submitted to our processing partner, and we keep a record of the final four numbers and expiration date in order to identify credit cards that have been used in past transactions. If you have offered to pay for the Service, but we are unable to charge your credit card, we will contact you using the email you have provided. Failure to promptly arrange alternative payment may result in your account being suspended or removed from the system.
Arborists and Tree Care Professionals
By using the Service, you represent and warrant that you are aware of and are in compliance with all licensing and certification requirements of the state, county, and city governments where you are using the Service. If there are rules or restrictions in place regarding business advertising, specifically by direct mail, in an area where you plan to send a postcard, you further represent and warrant that you will comply with all such requirements prior to sending any postcards with the App. You acknowledge and agree that: it is your sole responsibility to know and understand the regulations governing your profession; you are fully aware of any rules governing business marketing and advertising by direct mail in your home jurisdictions; and you have the capacity to be in compliance with any such laws and regulations, whatever they may be. You agree that you will not intentionally include any false or misleading information in any postcards you send using the App.
Limitations on Liability; No Warranty
To the extent permitted by law: (a) we make no promise as to the Service, its completeness, accuracy, availability, timeliness, security or reliability; (b) your access and use are at your own risk, and Limb Snap is provided "AS IS" and "AS AVAILABLE"; (c) we are not liable for any harm resulting from (i) User content; (ii) your use of the Service; or (iii) our representations, descriptions of the Service, or other content on the App; (d) WE AND OUR OFFICERS, DIRECTORS, AND EMPLOYEES DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (e) Limb Snap IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL), WHETHER OR NOT Limb Snap WAS AWARE OF THE RISK OF LOSS; (f) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR THE PAYMENT ASSOCIATED WITH THAT POSTCARD THAT GAVE RISE TO A CLAIM OR ACTION, WHICHEVER IS LESS.
NOTE: MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
These Terms will be interpreted using Oregon law, without regard to its choice of law provisions. You agree that any action arising out of these Terms or the use of the Service will be filed in the state or federal courts in Multnomah County, Oregon.
If any provision of these Terms are found to be illegal or unenforceable by a court of law, then that provision shall be modified to the minimum extent possible to bring the provision into conformity with the law. In the event that no such reformation is possible, the provision shall be severed and the remainder of these Terms shall remain in full force and effect.