TERMS AND CONDITIONS
Acceptance of Terms.
This Internet Web site (the “ScapeCenter.com“) is operated by Landscape Data Corporation (the “Company“). In order for you to make use of the Site, it is required that you agree to all of the terms and conditions of this Agreement, which may be updated by the Company from time to time without notice to you by posting revised terms on the Site. This Agreement states the terms and conditions under which the Company content and any other material are provided. In addition to these terms and conditions, you shall be bound by any additional terms, guidelines or rules that may appear throughout the Site, which are incorporated herein by this reference or that appear in any agreement entered into by and between you and the Company. Any modifications or enhancements to the Site shall be governed by these Terms and Conditions. YOUR USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS, INCLUDING ANY MODIFICATIONS THAT COMPANY MAY MAKE. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.
The Company Security and Privacy Statement.
Your Use of the Site.
Your access to the Site and the information and data contained therein shall be solely for your internal business purposes. In no event may you repost, republish, redistribute, sell, license, distribute or otherwise exploit any information disclosed on the Site. You are solely responsible for all data, information and other materials that you transmit to the Site. You further agree that you will not: (a) Use the Site in any unlawful manner or transmit any information that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Use the Site to harm minors in any way; (c) transmit any information: (i) that you do not have the right to transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringe any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret of any third party; (iii) that constitute unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contain any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) Forge headers or otherwise manipulate identifiers in order to disguise any messages transmitted through the Site; (e) Interfere with the servers or networks connected to the Site; (f) Interfere with the ability of others to use the Site; or (g) Otherwise use the Site in connection with violation of any law or contract.
Refunds and Order Cancellations
Sod or living plant products: Order cancellations will be accepted up to 36 hours before the scheduled delivery date for sod. Scapecenter.com uses several different vendors across the country to ensure you get the product you need delivered when you want it. The sod farms will harvest all grass orders the day before delivery, so it is important that we receive the cancellation before the grass is harvested. If you need to cancel, please email or call us. However, once the sod is cut at the farm, it is non-refundable.
Non-living products (mulch, topsoil, rock, etc): Due to delivery availability, order cancellations will be accepted up to 24 hrs before the truck leaves the landscape supply center with the order. This may vary, depending on scheduling of deliveries, so it is recommended to cancel as soon as possible. Scapecenter.com uses several different vendors across the country to ensure you get the product you need delivered when you want it. If you need to cancel, please email or call us.
Refunds and Exchanges
Upon delivery, all sales are non-refundable. It is important to make sure that the product is correct upon delivery. Although not required, it is advised to be present at the appropriate shipping address the day of delivery to ensure customer satisfaction.
Sod: Grass is a living plant and must be cared for from the moment it is delivered. It is important to install and water the grass within 12 hours of delivery and maintain proper care while it establishes.
Non-living products (mulch, topsoil, etc): Once the product is delivered and dropped at the shipping address, there are no refunds. Full refunds on non living products are available if the within 24 hrs of the delivery date. If the order is refused at the delivery location, due to problems or incorrect products, then monies for the actual product, not the delivery, may be refundable. If a problem arises concerning the delivered grass, topsoil, stone, or mulch please immediately email pictures on the same day of delivery. In the event of a defect, the customer can usually choose to schedule another truck to swap out the defective product.
Delivery rates on the website assume the shipping address is accessible by an 18-wheeler tractor truck or dump truck. Sufficient room for the truck to access the area and then turn around or exit the area by through-streets must be available. Pallets of sod or stone will be unloaded onto the driveway of your home. Mulch, some stone, and topsoil will be dumped onto the driveway of your home or project. Any request to deliver in an area other than a driveway is left to the discretion of the homeowner and delivery driver. Scapecenter.com, and its partners are not liable for any property damage resulting from such a delivery. In the event the customer’s shipping address does not adhere to the standard delivery description, we ask that it’s noted in the delivery notes and be advised that an additional rate may be charged for the extra service.
Delivery dates and times: On some products Scapecenter.com offers the booking dates and time ranges for your product delivery. We are very diligent and work very hard to make have your product delivered at the desired date and time ranges. However, it is important to note that these booking times are not guaranteed. Variables such as weather, mechanical issues with trucks, traffic, and other unforeseen issues may affect the delivery date and time for orders. Scapecenter.com, one of our partners, landscape supply center or the delivery driver will be in contact with you should a delay or problem arise with a particular order.
Scapecenter.com uses local third party sod farms and landscape supply centers to fulfill your orders. Scapecenter.com provides a service to you, the homeowner (purchaser of product or service), allowing individuals, landscape companies, lawn services, landscape supply companies, sod farms, and other businesses to provide you with estimates, ideas, suggestions, and ultimately service or product upon your purchase. Scapecenter.com is in no way responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. Scapecenter.com does not assume any responsibility or liability for the actions, product, insurances, service, and content of all these and any other third parties. You should carefully review companies and individuals that you hire on your own by doing your due diligence.
If you use any Scapecenter.com service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Scapecenter.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Scapecenter.com only with involvement of a parent or guardian. Scapecenter.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Scapecenter.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Amazon a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ScapeCenter.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Scapecenter.com for all claims resulting from content you supply. Scapecenter.com has the right but not the obligation to monitor and edit or remove any activity or content. Scapecenter.com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Scapecenter.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Scapecenter.com attempts to be as accurate as possible. However, Scapecenter.com does not warrant that product descriptions or other content of any service or product is accurate, complete, reliable, current, or error-free. If a product offered by Scapecenter.com itself is not as described, your sole remedy is to take a picture immediately on the same day as delivery and email it to us. You can also call.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold through, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Scapecenter.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
Maintenance of the Site.
You agree and acknowledge that the Company may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. The Company may also, from time to time, establish general rules and policies regarding use of the Site. The Company will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. The Company shall have no liability or responsibility with respect to any lost data transmitted by you.
The Company has not reviewed all of the sites linked to the Site and is not responsible for the content of any third-party pages or any other sites linked to the Site. Nothing in the Site, including, without limitation, any links to other sites, should be construed as an endorsement of any products, services or information of any other persons or companies by the Company. Your choice to link to any other off-site pages or other sites is at your own risk, and you agree to comply with all terms and conditions relating to such pages or sites. The Company reserves the right not to link, or to remove the link, to a particular site at any time. Any links to third party sites are provided as a convenience to you and are not owned nor operated by the Company. The Company has no control over these linked sites, and makes no representations or warranties with respect to these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.
Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to hold harmless and indemnify the Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, or relating to or arising from your use of the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.
The Site Content.
The Site and all material on the Site (the “Content“) contained therein, including, without limitation, all data, text, graphics, and other works on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site are owned by the Company, its licensors or a third party. These materials are protected under copyright, trademark and other laws. Except in connection with browsing the Site, generating data and reports through the Site or otherwise as expressly authorized by the Company, you may not copy, download, transmit, modify, distribute or republish any of the Content displayed on the Site, without the prior written consent of the Company. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content therein. The Company grants you a personal, non-transferable, nonexclusive right to use the Site and the content displayed therein solely for your internal business purposes, provided that you comply with these Terms and Conditions and any other rules regarding such use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SCAPECETNER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCAPECENTER SERVICES ARE PROVIDED BY SCAPECENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SCAPECENTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SCAPECENTER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCAPECENTER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SCAPECENTER SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCAPECENTER DOES NOT WARRANT THAT THE SCAPECENTER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCAPECENTER SERVICES, SCAPECENTER SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SCAPECENTER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCAPECENTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SCAPECENTER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SCAPECENTER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability.
THE COMPANY AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES AND LICENSORS, ARE NOT RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS YOU MIGHT INCUR ARISING OUT OF OR IN ANY CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, THE SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING OUT FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE COMPANY�S LIABILITY FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID FOR ACCESS TO THIS SITE DURING THE IMMEDIATELY PRECEEDING TWELVE (12) MONTH PERIOD. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
Proper Law and Jurisdiction.
All rights and obligations relating to formation or performance of the agreement contained in the terms and conditions of this Agreement shall be governed by the laws of the State of North Carolina, without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forum for the resolution of any dispute relating to the terms and conditions of this Agreement shall be the state and federal courts in Raleigh, North Carolina, USA, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to the terms and conditions of this Agreement, and agree to service of process on you by e-mail to the address you have submitted on the Site, or by any other means deemed reasonable by the Company.
Any notice required for or permitted by this Agreement shall be in writing and shall be deemed delivered if delivered as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, (iii) by telecopy or facsimile transmission when confirmed by telecopier or facsimile transmission report, (iv) by certified or registered mail, return receipt requested, upon verification of receipt; or (v) by the same day, when delivered by email. All notices must be sent to:
Landscape Data Corporation
Please report any violations of the terms and conditions of this Agreement to the Company.
The Company may amend this Agreement at any time by posting the amended terms on its web site. Except as stated below, all amended terms are automatically effective 30 days after they are initially posted.
You may not assign, sub-license or otherwise transfer any of your rights under the terms and conditions of this Agreement.
If any provision of the terms and conditions of this Agreement are found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of is Agreement, which shall remain in full force and effect.
Headings in the terms and conditions of this Agreement are for convenience only and shall have no legal meaning or effect.
No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
The terms and conditions of this Agreement, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site. The Company’ decision not to enforce a particular provision of this Agreement does not mean that the Company waives the right to enforce it. The Company shall waive such a right only in writing.
This Agreement was last revised on October 26, 2013