Thank you for visiting our website at https://mulch2garden.com (“Site”). Mulch2Garden, LLC
(“Mulch2Garden”, “our” or “we”) goal is to connect arborists and tree care professionals
(“Arborists”) through our platform services (‘Services”) to arrange for the delivery or drop off of
wood chips (“Delivery” or “Drop”) to locations designated by the homeowners or landscapers
(“Homeowner”). These Terms of Services (“Terms”) govern the Services that allow you to
For purposes of these Terms, the terms, “user,” “you” or “your” refers to: (i) the Arborist and
Homeowner, individually, or (ii) Arborist or Homeowner, together, or (iii) any user who visits this
BY PLACING A CHECK MARK NEXT TO THE BOX “ACCEPT”, YOU ARE ACCEPTING
THESE TERMS. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE DULY
AUTHORIZED TO ENTER INTO AND BIND YOURSELF TO THE TERMS AND
CONDITIONS OF THESE TERMS AND ACKNOWLEDGE AND AGREE THAT ALL SUCH
USE BY YOU IS SUBJECT TO THESE TERMS. If you do not agree to these Terms, you are
prohibited from using the Site and Services.
- AUTHORITY AND LEGAL AGE. You represent and warrant that: (i) you have the
authority to bind yourself to the Terms; (ii) your use of the Service will be solely for purposes
that are permitted by these Terms; (iii) your use of the Service will comply with all local, state
and federal laws, rules, and regulations, and with all other Mulch2Garden policies. You represent
that you are over the age of 18. Mulch2Garden does not target children or teenagers under 18,
and we do not permit any users under 18 on our Service. If we learn of any user under the age of
18, we will terminate that user’s account immediately.
- OUR SERVICES.
In General, Services. The Service is a platform for collaboration and communication
between Arborists and Homeowners who needs a large amount of mulch or wood chips. We
provide access to our virtual community of licensed and insured Arborists, easy collaboration
through our communication tools that allow Homeowners to post orders to receive deliveries of
mulch or wood chips from Arborists on our Site.
We do not Deliver or Sell Mulch. Mulch2Garden does not transport mulch, offer tree care
services and we do not sell mulch or wood chips. We are providing the Arborist and Homeowner
a way to arrange a Delivery. At no point are we liable for any actions or omissions between the
Arborist and the Homeowner. Mulch2Garden does not represent, warrant or guarantee (i) the
quality of mulch, (ii) how much mulch you will receive, or (ii) that you will not encounter issues
or damages resulting from a Delivery.
No Representation or Warranty. Arborists are not the employees or agents of
Mulch2Garden and Mulch2Garden is not a referral service (other than ratings provided by
Homeowners) nor does Mulch2Garden select or endorse any individual Arborist. While
Mulch2Garden uses commercially reasonable efforts to confirm that Arborists are licensed and
insured tree care professionals, we make no representations, warranties, or guarantees, as to the
ability, skill, competence, quality, or qualifications of any Arborist. Mulch2Garden does not
represent, warrant or guarantee that Arborists are covered by liability insurance. Therefore,
Mulch2Garden encourages Homeowners to research about the Arborist before accepting a
- YOUR ACCOUNT. If you sign up for our Service, you will create a personalized account
which includes a unique username and a password to access Services and to receive messages from
Mulch2Garden. You are responsible for maintaining the security of your account, and you are fully
responsible for all activities that occur under the account and any other actions taken in connection
with your account. You agree to notify Mulch2Garden immediately of any unauthorized use of
account, or any other breaches of security. We will not be responsible for any liabilities, losses, or
damages arising out of the unauthorized use of your computer, mobile device, or other computing
device and/or account.
- FEES AND PAYMENT TERMS.
Free or for a Fee. The Homeowner may receive a Delivery for “free” or a fee.
(“Homeowner Fee”). To learn more about how the Homeowner Fee, please see [https://www.mulch2garden/homeowner fees].
Payment Terms. If the Homeowner pays for a Delivery, the Homeowner will provide
credit card information through their account (or pay via other methods mentioned on the
website). Upon receiving your authorization for payment, we will charge your credit after we
receive confirmation of your Delivery. Once we charge your card and payment is made, there are
- HOMEOWNER TERMS.
Confidential Information. The following information is not intended as advice or
confidential information: information posted or made available on or through the Site, including,
without limitation, any responses to Homeowner or Arborist questions posted on the Site;
information posted publicly on the Site; or information sent in an unsolicited message to a user.
Users Information. Homeowner may post their request for a Delivery through the Services
on the Site. Arborist may respond to the details of the request prior to acceptance. We take every
reasonable effort to ensure the privacy of personal information on our Site, but it cannot guarantee
confidentiality. Communications requiring confidentiality should take place outside the Service
on our Site, such as via telephone.
No Guarantee. Homeowner acknowledges that neither Mulch2Garden nor Arborist
guarantees (i) the quality or the consistency of the wood chips or the logs which may vary
significantly, (ii) the amount of wood chips (which may be more or less than the expected amount),
(iii) that the Delivery will be made timely, or (iv) the exact Delivery location at Homeowner’s site.
- USER CONTENT.
have no responsibility or liability of any kind for any user generated Content (as defined below)
on or through the Site, and any use or reliance on user generated Content is solely at your own
risk. “Content” refers to content featured or displayed through the Site, including without
limitation text, documents, information, data, articles, opinions, images, photographs, graphics,
software, applications, video recordings, audio recordings, sounds, designs, features, and other
materials that are available on the Site. Content also includes, without limitation, user generated
content, which may be submitted by Arborists, Homeowners and other users visiting the Site. User
generated Content posted on the Site, such as users account information or blog posts, are provided
for informational purposes only, with no assurance that the user generated Content is true, correct,
Content on the Site Rules. You agree that you will not under any circumstances transmit
any Content (including software, text, images, or other information) that is unlawful or promotes
unlawful activity; defames, harasses, abuses, threatens, or incites violence towards any individual
or group; is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or
group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; is spam,
is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain
letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains or
installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended
to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data or other information of any third
party; infringes on any proprietary right of any party, including patent, trademark, trade secret,
copyright, right of publicity, or other rights; impersonates any person or entity, including any of
our employees or representatives; or violates the privacy of any third party.
Mulch2Garden May Monitor Interactions between Users. Any liability, loss or damage
that occurs as a result of any user interactions, including, without limitation, any posted Delivery
information, that you input or receive through your use of our Service is solely your responsibility.
At our discretion, we, or technology we employ, may monitor and/or record your general
interactions on our Site or relating to the Service.
Mulch2Garden May Modify, Remove Content or Terminate Your Account. We have
the right (though not the obligation) to, in our sole discretion, determine whether or not any Content
is appropriate and complies with these Terms, or refuse or remove any Content that, in our
reasonable opinion, violates any Mulch2Garden policy or is in any way harmful, inappropriate, or
objectionable. Mulch2Garden further reserves the right to make formatting and edits and change
the manner any Content is displayed on the Site. We also have the right (though not the obligation)
to, in our sole discretion, determine whether or not any user conduct is appropriate and complies
with these Terms, or terminate or deny access to and use of the Service to any user for any reason,
with or without prior notice.
Responsibility for User Content. You may create Content, written or otherwise, while
using our Service. You are solely responsible for the Content thereof, and any harm resulting from,
any Content that you post, upload, link to or otherwise make available via the Service, regardless
of the form of that content. Any liability, loss or damage that occurs as a result of the use of any
Content that you make available or access through your use of the Service is solely your
responsibility. We are not responsible for any public display or misuse of your Content.
Ownership of User Content. Except for Content that originates from Mulch2Garden, we
do not claim ownership of any Content that is transmitted, stored, or processed in your account.
You retain all ownership of, control of, and responsibility for the Content you post. You may
control access to your Content through settings in your user account.
License Grant. Solely to allow Mulch2Garden to use Content you upload to the Service,
you grant Mulch2Garden and our successors a worldwide, sublicensable, fully-paid and royalty-
free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform
the Content in connection with Mulch2Garden’s business purpose. You represent and warrant that
you have the right to post all Content you submit. Specifically, you warrant that you have fully
complied with any third party licenses relating to Use Content and have taken all steps necessary
to pass through to end users any required terms.
- THIRD PARTY CONTENT.
Access to Third Party Content. By using the Service, you will be able to access Content
belonging to or originating from third parties (“Third Party Content”). By using our Services, you
are consenting that we may present Third Party Content to you. You acknowledge all responsibility
for, and assume all risk for, your use of Third Party Content.
No Responsibility for Third Party Content. As part of the Service, Mulch2Garden may
provide you with convenient links to third party website(s) as well as other forms of Third Party
Content. These links are provided as a courtesy to Service subscribers. We have no control over
third party websites or content or the promotions, materials, information, goods or services
available on them. By linking to such content, we do not represent or imply that we adopt or
endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement
made by parties other than Mulch2Garden. We are not responsible for any Third Party Content
accessed through our Site. If you decide to leave the Site and access Third Party Content, you do
so at your own risk, and you should be aware that our terms and policies no longer govern. You
should review the applicable terms and policies, including privacy and data gathering practices, of
any such content.
No Authorization to Use Third Party Content. These Terms do not authorize you to
distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third
Party Content except as permitted by these Terms.
- INTELLECTUAL PROPERTY NOTICE.
Ownership of Intellectual Property. Mulch2Garden retains all ownership of our
intellectual property, including our copyrights, patents, and trademarks.
No Transfer. Mulch2Garden retains ownership of all intellectual property rights of any
kind related to the Site and Service, including applicable copyrights, patents, trademarks and other
proprietary rights. Other trademarks, service marks, graphics and logos used in connection with
the Site and the Service may be the trademarks of other third parties. These Terms do not transfer
from us to you any Mulch2Garden or third party intellectual property, and all right, title, and
interest in and to such property will remain (as between the parties) solely with us. We reserve all
rights that are not expressly granted to you under these Terms.
Trademarks. Specifically, Mulch2Garden, mulch2garden.com, and all other trademarks
that appear, are displayed, or are used on the Site or as part of the Service are registered or common
law trademarks or service marks of Mulch2Garden, LLC. These trademarks may not be copied,
downloaded, reproduced, used, modified, or distributed in any way without prior written
permission from Mulch2Garden, except as an integral part of any authorized copy of the Content.
- EMAIL COMMUNICATIONS.
Electronic Communications Required. For contractual purposes, you (i) consent to
receive communications from Mulch2Garden in an electronic form via the email address you have
submitted or via the Service; and (ii) agree that all Terms, agreements, notices, disclosures, and
other communications that Mulch2Garden provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were in writing. This section does not
affect your non-waivable rights.
Legal Notice to Mulch2Garden Must be in Writing. Communications made through
email or the Service’s private messaging system will not constitute legal notice to Mulch2Garden
or any of our officers, employees, agents or representatives in any situation where notice to
Mulch2Garden is required by contract or any law or regulation.
You May Terminate Your Account. If you wish to terminate your account with us, you
may simply discontinue using Services and the Site. If you wish to delete your user account data,
please contact Mulch2Garden at mailto:firstname.lastname@example.org. We will retain and use your
information as necessary to comply with our legal obligations, resolve disputes, and delete your
full profile within 30 days.
Mulch2Garden May Terminate Your Account. Mulch2Garden may terminate your
access to all or any part of the Site at any time, with or without cause, with or without notice,
Some Provisions Survive Termination. All provisions of in the Terms which by their
nature should survive termination will survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE
SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT
MULCH2GARDEN ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE
TIMELINESS, DELETION OF CONTENT OR FAILURE AND RELIABILITY OF THE
SERVICE. MULCH2GARDEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(D) ANY CONTENT OR INFORMATION YOU PROVIDE OR MULCH2GARDEN
COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE
CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR
OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such
jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied
- LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL MULCH2GARDEN BE LIABLE TO YOU FOR ANY LOSS OF
PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT
FROM (I) THE USE, DISCLOSURE, OR DISPLAY OF ANY CONTENT ON THE SITE AND
YOUR USER CONTENT; (II) YOUR USE OR INABILITY TO USE THE SERVICE; (III) THE
SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE
AVAILABLE; OR (IV) ANY OTHER INTERACTIONS WITH MULCH2GARDEN OR ANY
OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT MULCH2GARDEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE. MULCH2GARDEN WILL HAVE NO LIABILITY
FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE
CONTROL. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF
LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. TO THE EXTENT
MULCH2GARDEN IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS
OR THE USE OF THE SERVICE, MULCH2GARDEN’S TOTAL LIABILITY FOR
DAMAGES WILL NOT EXCEED $100 OR THE PAYMENT ASSOCIATED WITH THE
DELIVERY THAT GAVE RISE TO THE CLAIM, WHICH EVER IS LESS.
- INDEMNIFICATION. You agree to indemnify, defend and hold harmless
Mulch2Garden, its officers, managers, owners, employees, agents, designees, users, successors,
assigns, and service providers from and against all losses, liabilities, expenses, damages, claims,
demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (i)
any violation of these Terms by you; (ii) the inaccurate or untruthful Content or other information
provided by you to Mulch2Garden or that you submit, transmit or otherwise make available
through the Service; or (iii) any intentional or willful violation of any rights of another or harm
you may have caused to another. Mulch2Garden will have sole control of the defense of any such
damage or claim.
- DISPUTE RESOLUTION AND ARBITRATION. Prior to initiating an arbitration, you
and Mulch2Garden each agree to notify the other party of the dispute and attempt to negotiate an
informal resolution to it first. We will contact you at the email address you have provided to us;
you can contact Mulch2Garden’s customer service team by emailing us at
email@example.com. If after a good faith effort to negotiate one of us feels the
dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees
to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration,
a claim must be filed with the AAA and the written Demand for Arbitration (available at
www.adr.org) provided to the other party, as specified in the AAA Rules. You and Mulch2Garden
mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or
the breach, termination, enforcement or interpretation thereof, or to the use of the Mulch2Garden
Service (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration
Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or
applies to our Dispute, you and Mulch2Garden agree that the arbitrator will decide that issue. You
and Mulch2Garden each agree that either party may be entitled to seek an award of attorney fees
and expenses if they prevail in arbitration, to the extent provided under applicable law and the
AAA rules. In order to make the arbitration most convenient to you, Mulch2Garden agrees that (a)
any required arbitration hearing may be conducted, at your option, by telephone, online, or based
solely on written submissions; or (b) the arbitration will not involve any personal appearance by
the parties or witnesses unless otherwise mutually agreed by the parties.
Governing Law. Except to the extent applicable law provides otherwise, the Terms are
governed by the federal laws of the United States of America and the laws of the State of
California, without regard to conflict of law provisions. You and Mulch2Garden agree to submit
to the exclusive jurisdiction and venue of the courts located in the City of Campbell and County
of Santa Clara County, California.
Severability. If any provision in these Terms is held invalid or unenforceable, that
provision of the Terms will be construed to reflect the parties’ original intent. The remaining
portions will remain in full force and effect. Any failure on the part of Mulch2Garden to enforce
any provision of these Terms will not be considered a waiver of our right to enforce such provision.
Our rights under these Terms will survive any termination of these Terms.
Limitation of Term of Action. You agree that any cause of action related to or arising out
of your relationship with Mulch2Garden must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently barred.
Non-Assignability. We may assign or delegate your account with us, in whole or in part,
to any person or entity at any time with or without your consent. You may not assign or delegate
any rights or obligations under the Terms without Mulch2Garden’s prior written consent, and any
unauthorized assignment and delegation by you is void. If we are involved in a merger or we are
bought, we may transfer your account, as long as your rights are protected.
Section Headings and Summaries Non-Binding. Throughout these Terms, each section
includes titles and brief summaries of the following terms and conditions. These section titles and
brief summaries are not legally binding.
- MODIFICATION OF TERMS. Mulch2Garden may amend these Terms from
time to time, and in Mulch2Garden’s sole discretion. We will provide notification to users of
material changes to these Terms (i) by sending a notice to the primary email address specified in
your account, which will take effect immediately upon our sending of this email, and/or (ii)
through our Site at least 30 days prior to the change taking effect by posting a notice on our
home page. Non-material changes to these Terms will take effect immediately. We encourage
visitors to frequently check this page for any changes to these Terms. Your continued use of the
Service after the effective date of a revised version of these Terms constitutes your acceptance of