Terms and Conditions for Brush Tree Clearing

Introduction
These Terms and Conditions (“Terms”) govern your use of services provided by Phelon Land Management LLC (“Company”) through the Brush Tree Clearing platform. By accessing our services, you agree to these Terms.

Acceptance of Terms
By using our platform or services, you agree to these Terms, our Privacy Policy, Data Processing Agreement, and any additional agreements. If you do not agree, please do not use our platform.

Age Restrictions
You must be at least 18 years old to use our services. By creating an account, you confirm that you meet this requirement.

Account Ownership
Your account belongs to the individual who accepts these Terms or the business entity they represent. The account owner is responsible for all activities under the account.

Use of Services
You and your clients must use our services for lawful purposes only. You agree not to engage in prohibited activities such as violating laws, misusing services, or infringing on the rights of others.

Privacy and Data Protection
We take privacy seriously. By using our platform, you consent to our use of your data as described in our Privacy Policy. You must also ensure compliance with data protection laws and have a privacy policy for your customers.

Login Credentials
You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorized access. We reserve the right to disable your login credentials at any time if we determine that there has been a violation of these Terms. Accounts are non-transferable, and you are responsible for preventing unauthorized access.

Use of Communication Services
If you use communication features like SMS, MMS, or email, you are responsible for ensuring compliance with laws such as the TCPA and CAN-SPAM Act. We provide the platform only and are not responsible for your communications.

Third-Party Services and Content
Our platform may include third-party services and content. We are not responsible for the availability, accuracy, or performance of these third-party offerings.

Intellectual Property
We own the intellectual property related to our platform. You may not use our trademarks, logos, or content without permission, except as required to use the platform as intended.

User Contributions
You own the content you post on our platform, but you grant us a license to use, modify, and distribute it. You are responsible for ensuring that your content does not violate laws or infringe on the rights of others.

Prohibited Uses
You are prohibited from using our platform to:

• Violate any laws or regulations.
• Harm or exploit others.
• Transmit illegal or unauthorized materials.
• Impersonate others or engage in fraudulent activities.
• Interfere with the platform’s operation.

Fees and Payments
You agree to pay all fees associated with your account. All fees are non-refundable unless otherwise stated. Failure to make payments may result in suspension or termination of your account.

Taxes
You are responsible for any taxes related to your use of our platform. We may collect taxes where required by law.

Excessive Use Restrictions
Our platform operates on a tiered pricing basis. If your usage exceeds the limits of your subscription tier or negatively impacts platform performance, we may take actions including:

• Requiring you to upgrade your service tier.
• Suspending or terminating your account.
• Limiting data usage.

Platform Updates
We reserve the right to make updates or changes to the platform at any time, which may affect the platform’s previous mode of operation. Your use of the platform is not contingent on the delivery or release of any specific functionality or feature.

Resale MAP Policy
If you are authorized to resell access to our platform, you must comply with our Minimum Advertised Price Policy (“MAP Policy”), including the following:

• Minimum Advertised Price: You cannot advertise access to the platform for a price lower than the standard prices set by Phelon Land Management LLC.
• Advertised Price and Final Sale Price: The MAP Policy applies only to the advertised price. The final sale price is not subject to this policy.
• Exceptions to MAP Policy: Any exceptions to this policy must be in writing and can be revoked at any time.
• Resale Restrictions: You are responsible for all customer relations when reselling the platform. We may terminate your account if customer disputes are not resolved satisfactorily.
• Representation: You are prohibited from representing yourself as an employee or agent of Phelon Land Management LLC. Customers should not contact us for platform support.
• Suspension and Termination: We reserve the right to suspend or terminate your ability to resell the platform if you violate the MAP Policy or these Terms.

Limitation of Liability, Indemnification, and Mitigation
Our liability for claims arising out of these Terms or your use of the platform is limited to the amount you paid in the three months before the incident. We are not liable for any indirect, incidental, or consequential damages, including loss of data or profits. You agree to indemnify and hold us harmless from any claims arising from your use of the platform or breach of these Terms.

Limitation on Time to File Claims
Any cause of action related to these Terms or the platform must be filed within three (3) months after the event. Otherwise, such claims are permanently barred.

Injunctive Relief
You agree that a breach of these Terms may cause irreparable harm, and we may seek injunctive relief in addition to other remedies.

Waiver and Severability
No waiver of any term will be considered a continuing waiver. If any provision is invalid, the remaining provisions continue in full force and effect.

Change of Control
We may assign our rights under these Terms at any time without notice. You may not assign your rights without our prior written consent.

Entire Agreement
These Terms, along with any separate agreements, constitute the entire agreement between you and Phelon Land Management LLC. Any conflicting terms in separate agreements will control.

Term and Termination
These Terms remain in effect as long as you maintain an account. We may terminate access at any time, with or without notice, for any reason.

Force Majeure
We are not liable for failure or delay in performance due to causes beyond our control, such as natural disasters or government actions.

Data Backup
You are responsible for maintaining backups of your data. We are not liable for data loss or corruption.

Governing Language
These Terms are provided in English, which will be the governing language for any disputes or interpretations.

Amendments and Updates
We may update these Terms from time to time. Continued use of our services after changes indicates acceptance of the new Terms.

Confidentiality
Both parties agree to keep confidential any proprietary information exchanged, including but not limited to business strategies and customer data.

Dispute Resolution
In case of a dispute, parties agree to first attempt good-faith negotiation. If unresolved, the issue will proceed to mediation before arbitration or litigation.

Subcontracting
We reserve the right to subcontract obligations to a third party while remaining responsible for performance.

Feedback and Testimonials
By providing feedback or testimonials, you grant us the right to use them in marketing materials without compensation unless otherwise agreed in writing.

Third-Party Links
Our platform may contain links to third-party websites. We are not responsible for their content or practices and encourage reviewing their terms and privacy policies.

Accessibility
We are committed to making our platform accessible to all users in accordance with applicable laws and regulations.

Customer Support
We offer customer support as outlined in our support policy. Response times may vary, and support is provided subject to availability.

Termination for Convenience
Either party may terminate this agreement with a 30-day written notice. Termination will not relieve either party of obligations incurred prior to termination.

Headings
Section headings in these Terms are for convenience only and have no legal or contractual effect.

Electronic Signatures
Electronic signatures and digital agreements are as legally binding as physical signatures.

Applicable Law, Binding Arbitration, and Class Action Waiver
These Terms are governed by Georgia laws. Disputes will be resolved through binding arbitration, and you agree to resolve disputes individually, not as a class action.

Communications and Contact Information
All notices should be in writing and sent to the contact information provided below. We may contact you using the information you provide. For feedback, support, or other communications, contact:

Phelon Land Management LLC
945 Rust Branch Ln
Evans GA 30809
Phone: 762-246-0103
Contact: Privacy & Compliance
Name: Russell Phelon