Terms of Service

Effective Date: November 10, 2024
Last Updated: November 10, 2024

Agreement to Terms

Welcome to LandWorks Wisconsin. These Terms of Service ("Terms") govern your access to and use of our website, services, and related features (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our Services.

About LandWorks Wisconsin

LandWorks Wisconsin is a locally owned and operated landscape design, build, and maintenance company servicing residential and commercial properties in Wisconsin and Illinois. We provide comprehensive landscaping services including landscape architecture, installation, maintenance, seasonal color, and holiday decorating.

Use of Our Website

Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms. You agree to:

• Provide accurate and complete information when submitting forms
• Use the website only for its intended purposes
• Respect intellectual property rights
• Not engage in any activity that disrupts or interferes with the website
• Comply with all applicable laws and regulations

Prohibited Activities

You may not:

• Use the website for any illegal or unauthorized purpose
• Transmit any viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Harvest or collect information about users
• Submit false or misleading information
• Impersonate any person or entity
• Interfere with security-related features
• Use automated systems (bots) to access the website without permission
• Engage in any form of spam or unsolicited communications

Services Overview

Landscaping Services

Our professional services include, but are not limited to:

• Landscape Architecture & Design: Custom design plans and consultation
• Landscape Installation: Hardscaping, softscaping, and outdoor living spaces
• Landscape Maintenance: Lawn care, pruning, fertilization, and seasonal cleanup
• Seasonal Services: Spring/fall cleanup, leaf removal, mulching
• Holiday Decorating: Festive lighting and seasonal displays
• Commercial Services: Property maintenance for businesses and organizations

Digital Services

Our website offers digital tools including:

• Contact Forms: Request quotes and information
• Plant Care Planner: Search plants and create custom care plans
• Plant Identification: Upload photos for AI-powered plant identification
• Portfolio Gallery: View our completed projects
• Career Applications: Apply for employment opportunities

Service Quotes and Estimates

Quote Requests

• Quote requests submitted through our website are non-binding inquiries
• All quotes are estimates and subject to site inspection
• Final pricing may vary based on actual conditions, scope changes, or material costs
• Quotes are typically valid for 30 days unless otherwise specified
• We reserve the right to decline any project at our discretion

Service Agreements

• Formal service contracts must be signed before work begins
• Detailed terms, pricing, and scope will be outlined in separate service agreements
• Payment terms and schedules will be specified in individual contracts
• Changes to approved plans may incur additional costs

User-Generated Content

Submissions

When you submit content to our website (e.g., photos, project details, reviews), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for business purposes, including marketing and promotional materials.

Content Guidelines

You represent that any content you submit:

• Is your original work or you have necessary rights
• Does not infringe on third-party rights
• Does not contain unlawful, defamatory, or inappropriate material
• Does not contain viruses or malicious code

We reserve the right to remove any content that violates these Terms or is otherwise objectionable.

Plant Identification and Care Information

Educational Purposes

The plant identification tool and care guides provided on our website are for educational and informational purposes only. While we strive for accuracy:

• Plant identification results are generated by third-party AI technology and may not always be accurate
• Care recommendations are general guidelines and may not suit all growing conditions
• We are not responsible for plant health outcomes based on information from our tools
• For professional plant care and diagnosis, please contact our experts directly

No Guarantees

We make no warranties regarding:

• Accuracy of plant identification results
• Suitability of care recommendations for your specific situation
• Availability or completeness of plant database information
• Results from following plant care guides

Intellectual Property Rights

Our Content

All content on our website, including text, graphics, logos, images, videos, and software, is the property of LandWorks Wisconsin or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, or distribute our content without permission
• Use our trademarks or logos without authorization
• Modify or create derivative works of our content
• Use our content for commercial purposes without a license

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes, subject to these Terms.

Trademarks

"LandWorks Wisconsin," our logos, and related marks are trademarks of our company. Other trademarks mentioned on our website are the property of their respective owners.

Third-Party Services and Links

External Links

Our website may contain links to third-party websites and services. We are not responsible for:

• Content, privacy practices, or terms of third-party sites
• Accuracy or reliability of external information
• Products or services offered by third parties
• Any damages resulting from your use of third-party sites

Third-Party APIs

We use third-party APIs and services:

• Plant.id: Plant identification service
• Perenual: Plant database and care information
• Google Maps: Location and address services
• Other services listed in our Privacy Policy

Your use of these services is subject to their respective terms and conditions.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to:

• Collection and processing of your information as described in our Privacy Policy
• Use of cookies and tracking technologies
• Third-party data processing for analytics and marketing

Disclaimers and Limitations of Liability

Website "As Is"

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of information
• Uninterrupted or error-free operation
• Freedom from viruses or harmful components
• Compatibility with your systems or devices

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LANDWORKS WISCONSIN SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Damages arising from website use or inability to use the website
• Damages resulting from third-party services or content
• Damages from unauthorized access to your information

Our total liability for any claims related to our Services shall not exceed the amount you paid us for services in the past twelve months, or $100, whichever is greater.

Service-Related Disclaimers

• Weather and environmental factors may affect project timelines and results
• We are not responsible for pre-existing site conditions not disclosed or discoverable during initial inspection
• Client is responsible for marking underground utilities and property boundaries
• Warranty terms for specific services will be outlined in individual service agreements
• Plant health and survival depend on many factors beyond our control, including climate, soil conditions, and maintenance

Indemnification

You agree to indemnify, defend, and hold harmless LandWorks Wisconsin, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of third parties
• Content you submit to our website
• Your negligence or willful misconduct

Employment Applications

Application Process

• Job applications submitted through our website are subject to our standard hiring procedures
• We are an equal opportunity employer
• Employment is subject to background checks and reference verification
• Application materials become our property and will not be returned
• We are not obligated to contact all applicants or provide reasons for non-selection

No Employment Relationship

Submitting an application does not create an employment relationship or obligation to hire. Employment is "at-will" unless otherwise specified in a written employment agreement.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when:

• Posted on this page with an updated "Last Updated" date
• For material changes, we may provide additional notice via email or website banner

Your continued use of our Services after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

Geographic Scope

Our services are available in Wisconsin and Illinois. Some services or features may not be available in all areas. We reserve the right to limit services based on geographic location.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and LandWorks Wisconsin regarding your use of our Services and supersede all prior agreements.

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles.

Dispute Resolution

In the event of any dispute arising from these Terms or our Services:

1. Informal Resolution: Contact us first to attempt resolution through good faith negotiation
2. Mediation: If negotiation fails, disputes may be submitted to mediation
3. Arbitration: Unresolved disputes may be submitted to binding arbitration in Wisconsin
4. Jurisdiction: You agree to the exclusive jurisdiction of courts in Wisconsin for any legal proceedings

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

Contact Information

For questions about these Terms or our Services, please contact us:

LandWorks Wisconsin
Phone: (262) 820-2501
Address: N69W25195 Indian Grass Ln, Sussex, WI 53089
Email: Use our contact form
Website: landworkswisconsin.com

For legal-specific inquiries, please include "Terms of Service" in your subject line.

Acknowledgment

BY USING OUR WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

These Terms of Service are effective as of November 10, 2024, and apply to all use of our website and services.