Terms of Use

Last Updated June 27, 2024

Please carefully review these Terms of Use.  By accessing our Site, you are agreeing to these and are expressing that you have been given reasonable access to review these Terms prior to your continued use of our Site. This Agreement is binding as of the date you access our Site.

We reserve the right to update and revise these Terms at any time without notice to you. The date that these Terms were last updated is noted on the top of this Agreement.  Your continued use of the Website after we have updated these Terms indicates your acceptance and agreement to the changes.

By using our Site, you warrant that you are 18 years of age or older and have the legal authority to enter into these Terms.

These Terms of Use (“Terms,” or “Agreement”) that You, the Website user (“User”), are entering with Texan Roots Landscaping, LLC ("Company," "we," "us," “our”) and govern how you may access and use texanrootslandscaping.com our Site (“Site”). The Company and You will collectively be referred to as “Parties,” and each individually as a “Party.”

By accessing our Site, you are agreeing to these Terms and our Privacy Policy, which is hereby incorporated by reference. If you do not wish to agree to these Terms and our Privacy Policy or are not legally able to form a binding contract, and you must immediately quit using our Site.

Consent for Communications.

By submitting any form presented on texanrootslandscaping.com, you agree and consent to receive communications regarding service notices, billing communications, promotions/advertisements, and other notifications from our company. These messages may be delivered via email, SMS, calls, or voicemails. You can opt out of SMS communications at any time by replying "STOP". You can opt out of email promotional communications at any time by clicking the unsubscribe link. Your information is only used internally to provide/offer services and is never sold to any third parties.

Service Requests.

We reserve the right to refuse any service request you place with us through the Site forms or any other method. In the event we make a change to or cancel an appointment or service request, we will attempt to notify you by contacting you at the email address, phone number, and/or mailing address on file for you.

Jobs.

The Site may also offer job opening information and provide ways for you to apply to work for Texan Roots Landscaping, LLC as a contracted employee. You understand that nothing contained on the Site constitutes an offer of employment by Texan Roots Landscaping, LLC.

Website Changes & Access.

As our Company evolves, our Site and its contents will change with it. We reserve the right to delete, withdraw, or edit this Site (and any service or material we provide on the Site) however we see fit, at any time, and without notice. We are not liable to you if the Site or any part of it is unavailable. For example, this may happen when our Site is undergoing an “under construction” phase where we need to make edits, changes, or amendments. Thank you for understanding.

If you are prompted to provide registration information or other details to access the website or any part of it, you are warranting that the information you provide is correct. Further, you agree that any information you provide to us is correct.

Privacy.

We respect your privacy and are committed to protecting it.  We may use certain information that we collect from you to operate our Company and/or our Site.  Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your use of our Site and how we use your Data. By continuing to use our Site you are expressing that you agree with how we collect and use your Data as set out in these Terms and our Privacy Policy.

Account Security.

Access to your secure Client Hub on our Site is facilitated through a unique link sent to your email. This link allows you to log in to your Client Hub to obtain information (for example information related to billing, scheduled visits, and Invoice history).

When you request access to your Client Hub, you must provide us with accurate and complete registration information, and promptly update us if this information changes. Upon receiving the link via email, you should click on it to gain access to your profile.

For security purposes, we recommend that you keep the emailed link confidential and not permit shared access to your Client Hub by any other individual for any purpose. You will be responsible for all use of the link, including any use by authorized or unauthorized third parties. If you believe your Client Hub has been compromised or used by an unauthorized person or entity, you must notify us immediately.

Under no circumstances should you respond to any requests, asking to verify your Client Hub login or any other personal information stored in your Client Hub, at your discretion. Our employees will never ask for such information. You agree to notify us immediately if you receive such a request. You also agree to ensure that you log out of your account at the end of each session.

We reserve the right to suspend or terminate your access to the Site if we believe that your Client Hub is being used without permission or in a manner that may disrupt the Site.

Intellectual Property.

We enjoy sharing and creating valuable content on our Site for all our Users to engage with and enjoy. However, in making this content publicly available, we still hold ALL of the Intellectual Property Rights to the work.  Meaning, that all intellectual property rights including, but not limited to trademarks, copyrighted material, trade secrets, and other proprietary information are owned by the Company and its designees. The Company has the sole exclusive right to reproduce, share, and create derivative works from this intellectual property. 

You understand and agree that you are only allowed to access the Site and our content for your personal, non-commercial use.

We understand and agree that your computer may incidentally and automatically store copies of our content and website for ease of accessing those materials.  However, you are not allowed to reproduce, modify, or share the material contained on or downloaded from our Site.

You may not use the Company’s trademarks including, but not limited to, brand names, logo marks, service marks, designs, and slogans, without written permission from the Company.

Affiliate Website & Social Media Linking.

Thank you for your interest in linking to our Site and/or social media accounts. Before you place a link on your Site or another platform, please adhere to these guidelines to ensure our reputation is left intact.

If you are linking to our Site as a credited source for an article, blog, or press, you must include a link to our Site in the cited material.  However, no information or content from our Site should be copied in its entirety without express written permission from the Company.

All links to our Site must establish that you do not have any association or endorsement from the Company (absent a separate affiliate or other written agreement).

Further, you should only link to our Site on a site or social media account that is owned by you and complies with the content guidelines in this Agreement. You agree to immediately remove any and all links at the Company’s request.

Restricted Uses.

To aid in keeping our Site more safe and secure for all of our Users, we have curated a list of prohibited uses of our Site. Please abide by these restrictions when navigating, browsing, or using our Site in any way. Our Site should only be accessed and used for lawful purposes according to these Terms.

You are not allowed to use the Site:

1)   In violation of any State, Federal, or International Laws.

2)   For any discriminatory purpose.

3)   For any purpose in violation of our User Content provision in the Terms, incorporated by reference herein.

4)   For any spoofing, spamming, or impersonating the Company purposes.

5)   To transmit or distribute spam email or messaging.

Further, you may not:

6)   Implement or use any spider, crawler, scraping, bots, or other automated processes to access the Site for any purpose.

7)   Interfere with the Website’s operation in any way including, but not limited to, the use of viruses, malicious codes, attacks, or programs.

8)   Bypass or hack authentication processes or gain unauthorized access to the Site.

User Submissions & Content Guidelines.

From time to time, our Site may contain features that enable you to submit or post content and material to the Site and/or submit directly to the Company. We prioritize the safety and environment of our Site and require that all your Submissions comply with this Agreement.

All User Submissions are non-confidential. You agree not to make any Submission in which you have any expectation of privacy. You relinquish to the Company all proprietary rights in the same upon submission. You understand and agree that anything you submit or post through our Site grants the Company and our designees the right to use such material in any capacity for any purpose.

You understand and agree that you are solely responsible and liable for any Submissions you make.  The Company will not be held liable in any way for your submissions or posts.

We may link Submissions or parts of Submissions to other material, including material submitted by other users or created by us or third parties. We may use Submissions for our internal business purposes, for example, to examine trends or categories or to promote, market, or advertise our services. You acknowledge that we may indirectly commercially benefit from the use of your Submissions.

Each time you make a Submission, you represent and warrant as follows:

1)   You own your Submission or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality, or rights under contract.

2)   Your Submission is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.

3)   Your Submission does not advertise any product or service or solicit any business.

4)   Your Submission does not identify any individual (including by way of name, address, picture, or video) under the age of 18 and if your Submission identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your Submission.

5)   You are not impersonating any other person.

6)   You will not collect the names and/or contact information of others for the purpose of unsolicited contact.

7)   You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, or attempt to impersonate another user or person.

8)   You will not engage in any automated use of the system, such as using scripts to alter our Content.

9)   You will not, without authorization, access, tamper with, or use non-public areas of the Site or the technical delivery systems of our service providers.

10)   Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Site or breach any security or authentication measures.

The Company’s guidelines for user submissions and interactions are intended to promote our community and the Site’s safety.  However, the Company is not liable for any content that is not in compliance with these Terms and guidelines.

If you see content that does follow these Terms, please inform us immediately so we can look into this issue and determine how to move forward. Together, we can keep our Site free of language and materials that are intended to hurt, harm, or infringe on the rights of others. Thank you.

Consent to Use.

By submitting reviews, images, comments, testimonials, or tags to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your submissions on our Site, marketing materials, guides, and any other platform not expressed in this agreement.

Monitoring & Enforcement.

We value all user submissions, but we are unable to review all submissions, posts, and materials before they are posted to the Site. Therefore, we cannot be held liable for the failure to remove objectionable submissions or posts from the Site. However, the Company may remove user submissions and content for any reason and at its sole discretion without notice to you. Further, the Company may terminate user access to the Site for any reason without notice.

Additionally, you understand and agree that the Company may be required to disclose your identity or personally identifiable information due to third-party claims, legal matters or for other purposes in compliance with law enforcement agencies, court orders or appropriate directives.  You agree that the Company will not be liable to you in any way for the disclosure of your identity or other information under the foregoing circumstances.

The Company reserves the right to take legal action against any user, person, or entity who violates this Agreement. 

Website Disclaimer.

We do not warrant the accuracy, completeness, or usefulness of the information you find on our Site. Any reliance you place on such information is at your own risk.

You understand and agree that the Website and its content are merely informational in nature and do not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of our Site and its content.

Use of External & Affiliate Links.

From time to time, we will link to external websites and sources that are outside of our Company for your convenience only.  These links may include, but are not limited to advertisements, affiliate links, 3rd party website links, and sponsored links. In doing so, we recognize that we have no control over the contents of these sites, nor do we have any access to making changes or amendments to them.

Geographic Limitations.

The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States.

No Warranties + No Guarantees.

The Company is providing this Site and all content accessible through it on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in this Agreement.  We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code. The Company makes no warranty as to the accuracy and reliability of information set forth on the Site and its content.  To the fullest permissible extent, the Company disclaims liability for any damages you sustain as a result of the use or access of the Company’s Site, content, and any linked 3rd party Websites or content.

You understand and agree that the Company does not guarantee specific results to you personally or for your business. The information included on the Site is provided for informational purposes only and you are responsible for implementing any practices or suggested actions found on the Site.

Limitation of Liability.

The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to this Agreement or Your use of this Site, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. If found to be applicable by a court of competent jurisdiction or by law, the Company’s total liability arising out of or related to this Agreement and your use of the Site will be limited to the total amount paid to the Company preceding the event giving rise to the claim.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Indemnification.

You agree to defend, indemnify, and hold Texan Roots Landscaping, our affiliates, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, expenses (including reasonable attorneys’ fees and costs), and cases arising out of your use of our Site, web content, services, or any information contained therein.

Binding Arbitration.

In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association (“AAA”). These rules are found at www.adr.com. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Dallas, Texas. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

If a claim is arbitrated, you and we waive any right to a court or jury trial. You and we also waive the right to participate in a class action, private attorney general action, or other representative action in court or in arbitration, either as a class representative or class member or to join or consolidate claims with claims of any other persons (the “Class Action Waiver”). No arbitrator shall have the authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than to you and/or us individually.

Choice of Law.

This Agreement and the Parties’ relationship are governed by the laws of The State of Texas. In the event of conflicting laws, the laws of The State of Texas will control.

Severability + No Waiver.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in this Agreement will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer & Assignment.

You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Company.

Notices.

We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Site. Notices sent by email will be effective at the time of sending and notices posted to the Site will be effective upon posting. You may provide notice to the Company by certified mail to Texan Roots Landscaping, LLC at 5900 Balcones Drive STE 100 Austin, TX, 78731. Notices provided by certified mail will be effective upon actual receipt of the notice.

All legal notices including those related to intellectual property and copyright infringement claims should be sent by certified mail to the Company’s agent and mailing address located in this provision above.

All requests and other communications relating to the Site should be directed to: legal@texanrootslandscaping.com.

Headings for Convenience Only.

The headings in these Terms are included for convenience and reference and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved.

In concluding this Agreement, you understand and acknowledge that these Terms constitute the final agreement and supersedes all others regarding the purchase, sale, and use of any Products or Services and the use of the Site. The Company reserves any and all rights not expressly granted in these Terms.

© 2024 Texan Roots Landscaping, LLC. All rights reserved.

Unauthorized duplication or publication of any materials from this Site is expressly prohibited.