CONDITIONS OF USE

Welcome!  Eco-Logic Permaculture & Landscape Design and its associates provide their services to you subject to the following conditions.  If you visit or shop within this website, you accept these conditions.  Please read them carefully. ​

PRIVACY

I never share your information outside of my team for the purposes of completing your project.

ELECTRONIC COMMUNICATIONS

When you visit Eco-Logic Permaculture & Landscape Design online or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Eco-Logic Permaculture & Landscape Design or its content suppliers, with the exception of certain copyright free images, and protected by international copyright laws.  The compilation of all content on this site is the exclusive property of Eco-Logic Permaculture & Landscape Design, with copyright authorship for this collection by Eco-Logic Permaculture & Landscape Design, and protected by international copyright laws.

All digital and written information shared with you by Eco-Logic Permaculture & Landscape Design is copyrighted and may not be shared with anyone else, with the exception of spouse or other family members, staff if a commercial project, students or participants of workshops using our products with our knowledge, or builders contracted for the express purpose of completing your project.

TRADE MARKS

Eco-Logic Permaculture & Landscape Design’s trademarks and trade dress may not be used in connection with any product or service that is not Eco-Logic Permaculture & Landscape Design’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eco-Logic Permaculture & Landscape Design.  All other trademarks not owned by Eco-Logic Permaculture & Landscape Design or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eco-Logic Permaculture & Landscape Design or its subsidiaries.

LICENSE AND SITE ACCESS

Eco-Logic Permaculture & Landscape Design grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Eco-Logic Permaculture & Landscape Design.  This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices:  any derivative use of this site or its contents:  any downloading or copying of account information for the benefit of another merchant:  or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Eco-Logic Permaculture & Landscape Design.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Eco-Logic Permaculture & Landscape Design and our associates without express written consent.  You may not use any meta tags or any other “hidden text” utilizing Eco-Logic Permaculture & Landscape Design’s name or trademarks without the express written consent of Eco-Logic Permaculture & Landscape Design.  Any unauthorized use terminates the permission or license granted by Eco-Logic Permaculture & Landscape Design.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Eco-Logic Permaculture & Landscape Design so long as the link does not portray Eco-Logic Permaculture & Landscape Design, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Eco-Logic Permaculture & Landscape Design’s logo or other proprietary graphic or trademark as part of the link without express written permission.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

If you email us, you are responsible for maintaining the confidentiality of your emails to and from us and for restricting access to your computer, and you agree to accept responsibility for all activities that occur in your email inbox.  If you are under 18, you may use our website only with involvement of a parent or guardian. Eco-Logic Permaculture & Landscape Design and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Visitors may 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.  Eco-Logic Permaculture & Landscape Design reserves the right (but not the obligation) to remove or edit such content, but does not regularly review submitted content.  If you do post content or submit material, and unless we indicate otherwise, you grant Eco-Logic Permaculture & Landscape Design and its associates 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 Eco-Logic Permaculture & Landscape Design and its associates 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 Eco-Logic Permaculture & Landscape Design or its associates for all claims resulting from content you supply. Eco-Logic Permaculture & Landscape Design has the right but not the obligation to monitor and edit or remove any activity or content. Eco-Logic Permaculture & Landscape Design takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Eco-Logic Permaculture & Landscape Design are made pursuant to a shipment contract.  This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  Digital files made available to you as part of your project delivery are for your use and are not to be shared in any commercial way other than for working with a contractor to install your project or in the case of workshops using our products with our knowledge and consent.

PRODUCT DESCRIPTIONS

Eco-Logic Permaculture & Landscape Design and its associates attempt to be as accurate as possible.  However, Eco-Logic Permaculture & Landscape Design does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.  If a product, i.e.  Eco-Launchers or statues, etc., offered by Eco-Logic Permaculture & Landscape Design itself is not as described, your sole remedy is to return it in unused condition for a credit applicable toward the purchase of any other product or service offered on this site; if a service, i.e. your landscape plan, is not as described, all sales are final and no refunds will be issued but reasonable minor edit requests will be honored, i.e. missing plant symbol, etc.  Substantial work such as plant substitutions drawings etc., are outside the scope of Eco-Logic Permaculture & Landscape Design’s normal Construction Management service package and will be billed as new work along with all other change requests made after the Final Presentation Meeting has ended.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Eco-Logic Permaculture & Landscape Design ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Eco-Logic Permaculture & Landscape Design MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Eco-Logic Permaculture & Landscape Design DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Eco-Logic Permaculture & Landscape Design DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Eco-Logic Permaculture & Landscape Design ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Eco-Logic Permaculture & Landscape Design WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.

APPLICABLE LAW

By visiting Eco-Logic Permaculture & Landscape Design, you agree that the laws of the state of company headquarters, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Eco-Logic Permaculture & Landscape Design or its associates.

DISPUTES

Any dispute relating in any way to your visit to Eco-Logic Permaculture & Landscape Design or to products or services you purchase through Eco-Logic Permaculture & Landscape Design shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate Eco-Logic Permaculture & Landscape Design’s intellectual property rights or to defame or slander its good character, Eco-Logic Permaculture & Landscape Design may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Any actions or words of independent contractors doing site visits are solely the responsibility of said individuals.  Eco-Logic Permaculture & Landscape Design is not responsible for any errors or omissions on the part of such individuals nor of any damage to property nor person arising from site visits conducted by said individuals.  Eco-Logic Permaculture & Landscape Design takes every precaution in contracting responsible individual site specialists.  Any dispute arising from contact with or behavior of a site specialist shall be subject to laws applicable to the independent contractor as its own business entity and Eco-Logic Permaculture & Landscape Design shall not be implicated in any misconduct or failure on the part of said individuals.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

FEES AND PAYMENTS:

Once a designer or site specialist has met with you or your representative(s) on-site, your first of three equal Design installment payments for the package you selected becomes due and is payable via Paypal, Credit, Debit Card, or Cashier’s Check.  The second Design installment payment will be due at the time of the MidPoint Meeting.  The third Design installment payment will be due at the time of the Final Presentation meeting.  Delivery of final plans is contingent upon receipt of the third Design installment payment.

A $500 flat fee becomes due immediately if you decide to postpone or cancel your project once we arrive for the Site Visit.  You may count that fee toward the amount of the full service package of your choice if within one year you decide to move forward again with us on your project.  After one year, the full project fee will apply should you initiate our services at that time.

For Construction Management packages, your first of three equal installment payments will be due once the design package you purchased has been delivered or at commencement of the Estimates Procurement phase.  The second Construction Management package installment payment will be due once you have received three estimates for installation of your project or upon completion of the Estimates Review meeting.  The third Construction Management package installment payment will be due upon project installation inspection by your Construction Manager.

All installment plans will be charged tax.  Design or Construction Management Packages paid in full at the start of a project will not include a tax charge.  Late payments will be assessed a fee of 10% after 1 week.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by submitting a contact form.