1. Agreement to Terms and Acceptance
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Nature Customscapes, LLC, an Ohio limited liability company ("Company," "we," "our," "us"), governing your access to and use of the website located at naturecustomscapes.com and all associated services, applications, platforms, and tools (collectively, the "Service").
BY ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.
These Terms supersede all prior agreements between you and the Company regarding the Service. The Company reserves the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting. Your continued use of the Service following any modifications constitutes acceptance of the modified Terms.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
3. Financial Terms and Payment Processing
All financial transactions conducted through the Service are subject to the following terms and conditions:
3.1 Payment Authorization and Representations
By initiating any transaction through the Service, you represent, warrant, and covenant that:
- You have the legal authority to enter into financial transactions and to use the payment methods provided;
- All payment information provided is accurate, current, and complete;
- You are authorized to use the payment method presented;
- Charges incurred will be honored by your payment method provider;
- You will maintain sufficient funds or credit availability for all transactions;
- You are not engaging in fraudulent activity or money laundering.
3.2 Third-Party Payment Processing
We utilize PCI-compliant third-party payment processors, including Stripe, Inc., for secure payment processing. By providing payment information, you authorize us to share such information with our payment processors solely for transaction completion. Your use of payment processing services is additionally governed by the applicable third-party terms and privacy policies.
3.3 Pricing and Payment Terms
- All prices are in United States Dollars (USD) unless otherwise specified;
- Prices are subject to change without notice;
- Payment is due upon receipt of invoice unless otherwise agreed in writing;
- Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law;
- You are responsible for all taxes, fees, and duties associated with your purchases.
3.4 Refunds and Cancellations
Refund and cancellation policies are governed by individual contract terms. The Company reserves the right to refuse or cancel any order for any lawful reason, including but not limited to service availability, errors in pricing or description, suspected fraud, or violation of these Terms.
4. Electronic Contracts and Digital Signatures
4.1 Electronic Signature Consent and Acknowledgment
By utilizing our electronic contracting system, you provide affirmative consent to conduct transactions electronically and acknowledge that:
- Electronic signatures executed through our Service have the same legal effect, validity, and enforceability as handwritten signatures under applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and corresponding state laws;
- You have the legal capacity and authority to enter into contracts and are not prohibited from doing so by any law, regulation, or agreement;
- You waive any rights or requirements under laws or regulations in any jurisdiction that require original signatures, delivery, or retention of non-electronic records;
- You consent to receive all contracts, notices, and disclosures electronically;
- You are responsible for maintaining current contact information for electronic delivery.
4.2 Contract Formation and Integrity
The following provisions govern electronic contract formation:
- Review Obligation: You must carefully review all contract terms, conditions, and specifications before executing. Your signature constitutes acknowledgment that you have read, understood, and agree to be bound by all terms;
- Contract Integrity: Once executed, contracts may not be unilaterally modified, altered, or rescinded. Any modifications require mutual written consent of all parties;
- Authentication: We employ commercially reasonable methods to verify the identity of signatories and maintain audit trails of all contract activities;
- Record Retention: Electronic contracts are stored securely and remain accessible for the period required by law or contract terms, whichever is longer.
4.3 Limitations and Disclaimers
THE COMPANY PROVIDES THE ELECTRONIC CONTRACTING PLATFORM "AS IS" AND DISCLAIMS ALL WARRANTIES REGARDING CONTRACT ENFORCEABILITY OR LEGAL SUFFICIENCY. YOU ACKNOWLEDGE THAT:
- The Company is not a party to contracts executed through the Service unless explicitly stated;
- The Company does not provide legal advice or review contracts for legal sufficiency;
- You are solely responsible for ensuring contracts comply with applicable laws and regulations;
- The Company assumes no liability for the content, terms, or performance of contracts executed through the Service.
5. Invoices
Our Service provides an invoice system that allows us to send, and you to receive, view, and pay invoices. By using our invoice system, you agree that:
- Invoices generated by our system are official payment requests;
- You are responsible for reviewing invoice details for accuracy before acceptance or payment;
- Payment is due according to the terms stated on each invoice;
- Acceptance of an invoice constitutes agreement to pay according to the specified terms;
- Disputing an invoice should be done promptly by contacting us directly.
6. Accounts
When you create an account with us, you guarantee that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
7. Account Suspension and Termination
7.1 Grounds for Suspension or Termination
We reserve the right to suspend or terminate your account and access to the Service, without prior notice or liability, for any reason whatsoever, including without limitation if:
- You breach any provision of these Terms;
- You violate applicable laws, regulations, or third-party rights;
- You engage in fraudulent, deceptive, or harmful conduct;
- You provide false, inaccurate, or misleading information;
- You fail to pay for services when due;
- You engage in abusive behavior toward our staff or other users;
- You attempt to gain unauthorized access to our systems or other users' accounts;
- We believe your actions may harm the Service or our reputation;
- We are required to do so by law or legal process.
7.2 Types of Account Actions
Temporary Suspension
Your account may be temporarily suspended for a specified period. During suspension, you will not be able to access the Service. Temporary suspensions may be imposed for minor violations or while we investigate potential issues.
Permanent Suspension
For serious violations or repeated offenses, your account may be permanently suspended. This action is irreversible and results in the permanent loss of access to the Service.
Account Termination
We may terminate your account entirely, which includes deletion of your account data after applicable retention periods. Termination may occur for severe violations or at your request.
7.3 Notification and Appeal Process
When we suspend or terminate your account:
- We will attempt to notify you via the email address associated with your account;
- The notification will include the reason for the action and its duration (if temporary);
- You may appeal the decision by contacting us within 30 days of the action;
- Appeals will be reviewed on a case-by-case basis, and our decision is final;
- During suspension, you remain responsible for any outstanding obligations.
7.4 Effects of Suspension or Termination
Upon suspension or termination of your account:
- Your right to use the Service will immediately cease;
- You must cease all use of the Service;
- Any licenses granted to you will terminate;
- We may delete your content and data, subject to our data retention policies;
- You remain liable for all outstanding payments and obligations;
- Provisions of these Terms that by their nature should survive termination will survive.
Important Notice:
We are not liable for any loss or damage resulting from the suspension or termination of your account. You acknowledge that we have the right to take these actions to protect the Service, our users, and our business interests.
8. Intellectual Property
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Nature Customscapes and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Nature Customscapes.
While we may display photos of completed projects on our website and marketing materials, we will remove all personal information that could identify specific persons to protect their privacy. By allowing us to take photos of our work on your property, you grant us a non-exclusive, royalty-free license to use, display, and distribute these photos for marketing and promotional purposes.
9. User Content and Testimonials
Our Service may allow you to submit content, including testimonials, reviews, and comments. You retain any and all rights to any content you submit, post, or display on or through the Service, and you are responsible for protecting those rights.
By submitting content to us, including testimonials, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media. You also grant us the right to sublicense these rights and the right to bring an action for infringement of these rights.
You represent and warrant that: (i) the content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
10. Accuracy of Information
We are not responsible if information made available on this Service is not accurate, complete, or current. The material on this Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Service is at your own risk.
This Service may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.
11. Prohibited Uses
You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use our Service:
- In any way that violates any applicable federal, state, local, or international law or regulation;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.
12. Comprehensive Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
- WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS;
- WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT;
- WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE FROM VIRUSES OR SECURITY VULNERABILITIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT, SERVICE, OR CONTENT ADVERTISED OR OFFERED THROUGH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Limitation of Liability and Damages
12.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES;
- LOSS OF DATA OR DATA USE;
- LOSS OF GOODWILL OR REPUTATION;
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
- BUSINESS INTERRUPTION OR WORK STOPPAGE;
- COMPUTER FAILURE OR MALFUNCTION;
- ANY OTHER COMMERCIAL DAMAGES OR LOSSES;
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability
THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:
- THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
- ONE HUNDRED DOLLARS ($100.00 USD).
12.3 Essential Purpose and Allocation of Risk
YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
12.4 Exceptions
The limitations in this Section 12 shall not apply to liability arising from:
- The Company's gross negligence or willful misconduct;
- Death or personal injury caused by the Company's negligence;
- Any other liability that cannot be excluded or limited under applicable law.
14. Indemnification and Hold Harmless
13.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, assigns, licensors, and business partners (collectively, "Indemnified Parties") from and against any and all claims, actions, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in any way connected with:
- Your access to or use of the Service;
- Your breach or alleged breach of these Terms;
- Your violation of any applicable laws, rules, regulations, or third-party rights;
- Your negligence, willful misconduct, or fraudulent behavior;
- Content you submit, post, transmit, or otherwise make available through the Service;
- Your contracts or business relationships formed through the Service;
- Any misrepresentation made by you;
- Your violation of the rights of any third party, including intellectual property, privacy, or proprietary rights;
- Any dispute between you and any third party relating to your use of the Service.
13.2 Indemnification Procedures
In the event of a claim subject to indemnification:
- The Company will promptly notify you of any claim, but failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure;
- The Company reserves the right to assume exclusive control of the defense and settlement of any claim, at your expense, and you shall not settle any claim without the Company's prior written consent;
- You shall cooperate fully with the Company in the defense of any claim;
- The Company may participate in the defense with counsel of its choice at its own expense.
13.3 Survival
Your indemnification obligations under this Section shall survive the termination or expiration of these Terms and your use of the Service.
15. File Uploads and Storage
Our Service allows you to upload files, including but not limited to images, videos, documents, and other content ("User Files"). By uploading files to our Service, you acknowledge and agree that:
- You own or have the necessary rights to upload and share the content;
- Your files do not violate any third-party rights, including intellectual property rights;
- Your files do not contain malicious code, viruses, or harmful content;
- We may process your files (including video conversion and image optimization) to improve service performance;
- Files may be stored on third-party servers and are subject to our data retention policies;
- We reserve the right to remove any content that violates these Terms or applicable laws;
- File size limits and storage quotas may apply based on your account type;
- You are responsible for maintaining backups of your important files.
Storage Disclaimer:
While we implement reasonable security measures, we cannot guarantee against data loss. We are not liable for any loss, corruption, or unauthorized access to your files.
16. Third-Party Services and Integrations
Our Service integrates with various third-party services to provide enhanced functionality. By using our Service, you acknowledge and agree to the following:
Payment Processing (Stripe)
Payment processing is handled by Stripe, Inc. Your payment information is transmitted directly to Stripe and is subject to Stripe's terms of service and privacy policy. We do not store your full credit card information on our servers.
Analytics Services
We use Google Analytics and custom analytics to understand Service usage. This data helps us improve the Service but may involve the collection of usage patterns and behaviors.
File Storage Services
Files uploaded to our Service may be stored on third-party storage providers. While we maintain contractual agreements with these providers, we cannot control their data practices entirely.
Weather Data (Weather.gov)
We use the National Weather Service API (Weather.gov) to provide weather information relevant to landscaping services. This is a public government service that does not require user authentication. Location data may be used to provide localized weather if you grant permission.
Your use of third-party services through our platform is at your own risk. We are not responsible for the availability, accuracy, or reliability of third-party services, nor are we liable for any damages arising from your use of such services.
17. Data Processing and Usage Rights
By using our Service, you grant us the following rights with respect to your data and content:
- Processing License: A worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, and display your content solely for the purpose of providing the Service;
- Technical Operations: The right to perform technical operations on your content, including format conversion, compression, and optimization;
- Backup and Recovery: The right to create backups of your data for disaster recovery purposes;
- Aggregated Data: The right to create aggregated, anonymized data from your usage patterns for improving the Service;
- Legal Compliance: The right to access and disclose your data when required by law or legal process.
These rights are limited to what is necessary to provide the Service and comply with applicable laws. We will not sell your personal data to third parties.
18. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service, or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
20. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
The arbitration shall be conducted by a single arbitrator, and shall take place in Sidney, Ohio, in the English language.
Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
21. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
22. Contact Us
If you have any questions about these Terms, please contact us: