Last Updated: 6/30/2025

1. Introduction and Agreement to Terms

Welcome to the Greenscape Landscape website (the “Site”), owned and operated by Greenscape Landscape (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Greenscape Landscape governing your access to and use of the Site, including all content, services, features, and functionality offered on or through the Site. By accessing or using the Site in any manner, including visiting or browsing the Site, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not access or use the Site.

2. Modifications to the Terms

We reserve the right, at our sole discretion, to update, modify, or replace these Terms at any time. Any changes to the Terms will be effective immediately upon posting the revised version on the Site, and your continued use of the Site after such modifications will constitute your acceptance of such changes. We recommend that you review the Terms periodically to remain informed of our updates.

3. Scope of the Agreement

These Terms apply solely to your use of the Site and do not govern any agreements or transactions related to the repair, installation, or other services provided by Greenscape Landscape. The terms related to those services are outlined separately in applicable service contracts or agreements.

4. Use of the Website

a. Access and Interference

  • Permission to Use: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site solely for your personal, non-commercial use, subject to these Terms.
  • No Interference: You agree not to interfere with or disrupt the functioning or security of the Site, including, without limitation, by engaging in any activity that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
  • Prohibited Actions: You agree not to engage in any of the following actions:
    • Attempting to bypass or disable any security mechanism or authentication process.
    • Transmitting any viruses, malware, or other harmful software through or on the Site.
    • Using automated scripts or other means to access, scrape, or collect data from the Site without our express written permission.

b. User Account Registration

  • Registration Requirement: Certain features or areas of the Site may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
  • Security of Information: You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use or suspected breach of your account.

c. User-Generated Content

  • Submission of Content: You may be able to submit content to the Site, including comments or suggestions. By submitting any content, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, modify, and display such content in any manner.
  • Content Standards: You agree that any content you submit will not be unlawful, defamatory, obscene, or otherwise objectionable. We reserve the right to remove any content that violates these Terms or is deemed harmful to the Site or its users.

5. Intellectual Property Rights

a. Copyright and Trademarks

  • Ownership: All content on the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Greenscape Landscape or its content suppliers and is protected by United States and international intellectual property laws.
  • Trademarks: The trademarks, service marks, and logos displayed on the Site are the registered and unregistered trademarks of Greenscape Landscape and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the express written permission of Greenscape Landscape or such third party that may own the trademark.

b. License to Use the Content

  • Limited Rights: Except as expressly provided herein, nothing in these Terms shall be construed as conferring any rights to you, by license or otherwise, in or to any of the intellectual property displayed on the Site.
  • User-Generated Content: Notwithstanding the above, any content that you provide to the Site remains your property; however, you grant us a license to use such content in connection with operating the Site.

6. Third-Party Links and Content

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Greenscape Landscape. We do not endorse, control, or assume any responsibility for such third-party content or practices. The inclusion of any links does not imply a recommendation or endorsement of the views expressed within them.

  • User Responsibility: Your use of third-party websites or services is entirely at your own risk and subject to the terms and conditions of those websites or services.
  • No Liability: We are not responsible for any damages or losses incurred as a result of your use of any third-party resources.

7. Disclaimer of Warranties and Limitation of Liability

a. Disclaimer of Warranties

  • Site “As Is”: The Site and all content, materials, and information contained therein are provided “as is” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Endorsements: While we make reasonable efforts to ensure that the information on the Site is accurate and up-to-date, we do not guarantee or represent that the content is free of errors, omissions, or inaccuracies. You use the Site at your own risk.
  • Third-Party Content: Any information provided on third-party websites linked to or from the Site is not under our control, and we do not assume any responsibility for such third-party materials.

b. Limitation of Liability

  • Exclusion of Damages: To the fullest extent permitted by applicable law, Greenscape Landscape shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
    • Your access to or use of, or inability to access or use, the Site.
    • Any content, materials, or information on the Site.
    • Unauthorized access, use, or alteration of your transmissions or data.
  • Maximum Liability: In no event shall our total liability to you for any and all claims arising from or related to these Terms or your use of the Site exceed the amount paid by you, if any, for accessing the Site.

8. Indemnification

You agree to indemnify, defend, and hold harmless Greenscape Landscape, its affiliates, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

  • Your access to or use of the Site;
  • Any violation of these Terms;
  • Any violation of any rights of any third party, including, but not limited to, intellectual property rights, privacy rights, or contractual rights;
  • Any content you submit, post, or otherwise transmit through the Site.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law principles. Any dispute arising out of or in connection with these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state or federal courts located in Minneapolis, Minnesota. By using the Site, you agree to submit to the personal jurisdiction of such courts for the resolution of any disputes.

10. Termination

Greenscape Landscape reserves the right to terminate or suspend your access to the Site, in whole or in part, at any time, with or without notice, for any reason including, without limitation:

  • A breach or violation of these Terms;
  • Inactivity or non-use of your account (if applicable);
  • Engagement in activities that pose a security risk or could harm the integrity or reputation of the Site.

Upon termination, your right to use the Site will cease immediately, and you will remain responsible for any liability arising from your use prior to termination. All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to Sections on Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, and Governing Law.

11. Privacy and Data Collection

We are committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. Please review our Privacy Policy, which is incorporated herein by reference, to understand our practices regarding personal information and your rights in relation to that information. By using the Site, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

12. Cookies and Tracking Technologies

The Site may use cookies, web beacons, and similar tracking technologies to enhance user experience and analyze usage patterns. By using the Site, you consent to the use of cookies in accordance with our Cookie Policy. If you prefer not to allow cookies, you may adjust your browser settings; however, this may affect your ability to use certain features of the Site.

13. Dispute Resolution and Class Action Waiver

a. Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Site, we encourage you to first attempt to resolve the matter informally by contacting us through the contact information provided on the Site. We will work with you in a good-faith effort to resolve any issues you may have.

b. Binding Arbitration

If an informal resolution is not achieved, any claim, dispute, or controversy that cannot be resolved through negotiations shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another similar arbitration organization. The arbitration shall be conducted in Minneapolis, Minnesota, and the arbitrator’s decision shall be final and binding on both parties.

c. Class Action Waiver

By agreeing to these Terms, you agree that any dispute resolution will be conducted on an individual basis only, and not as a plaintiff or class member in any class or collective action. Any and all claims and disputes shall be arbitrated on an individual basis.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable while reflecting the original intent of the parties as closely as possible.

15. Force Majeure

Greenscape Landscape shall not be liable for any failure to perform, or delay in the performance of, any obligation under these Terms if such failure or delay is caused by events beyond our reasonable control, including, but not limited to, natural disasters, acts of war, terrorism, or other unforeseen events (“Force Majeure Event”).

16. Communication and Notices

Any notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent via certified mail (return receipt requested), or transmitted via email to the address provided by you during registration (if applicable) or to the designated contact address provided on the Site. We reserve the right to send notices electronically, and you agree that all such communications will be effective from the time they are sent.

17. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Greenscape Landscape regarding your use of the Site, and supersede any prior or contemporaneous communications, whether electronic, oral, or written, between you and Greenscape Landscape regarding the Site. No amendment or modification of these Terms shall be binding unless in writing and signed by an authorized representative of Greenscape Landscape.

18. No Waiver

Failure by Greenscape Landscape to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. No waiver shall be effective unless it is in writing and signed by an authorized representative of Greenscape Landscape.

19. Contact Information

If you have any questions regarding these Terms, please contact us using the information provided on the Site. We welcome your comments and suggestions regarding the Site and these Terms, and we will make reasonable efforts to address any inquiries or concerns you may have.

20. Final Acknowledgment

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated herein by reference. If you do not agree with any part of these Terms, please refrain from using the Site.