Terms of Service

Welcome to GroundFoliage! These Terms of Service ("Terms") govern your access to and use of our website and services. Please read these Terms carefully before using our website.

By accessing or using our website, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, then you may not access the website.

1. Use of Our Service

GroundFoliage provides an online calculator tool to help users estimate the amount of soil, compost, or mulch needed for gardening and landscaping projects.

You may use our service only for lawful purposes and in accordance with these Terms. You agree not to use our service:

In any way that violates any applicable federal, state, local, or international law or regulation
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
To impersonate or attempt to impersonate GroundFoliage, a GroundFoliage employee, another user, or any other person or entity
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which may harm GroundFoliage or users of the website

2. Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GroundFoliage, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your Web browser for display enhancement purposes
You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

3. User Contributions

Our website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials to other users or other persons.

All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary.

4. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

5. Limitation of Liability

In no event will GroundFoliage, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

6. Indemnification

You agree to defend, indemnify, and hold harmless GroundFoliage, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, your User Contributions, any use of the website's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the website.

7. Governing Law and Jurisdiction

All matters relating to the website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

8. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter.

Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.