Terms of Use

These Terms of Use ("Terms") govern your access to and use of the website at https://www.brainardsgreenscapes.com (the "Site"), operated by Brainard's Greenscapes ("we," "us," or "our"). By accessing or using the Site, or by submitting an inquiry through any of our forms, you agree to these Terms. If you do not agree, please do not use the Site.

1. Use of the Site

You may use the Site for lawful, personal, and non-commercial purposes only. You agree not to:

• Use the Site in a way that violates any applicable law or regulation
• Attempt to gain unauthorized access to the Site, our systems, or any related accounts
• Interfere with or disrupt the Site, including by introducing viruses or other harmful code
• Use automated tools (such as scrapers or bots) to collect content or contact information from the Site
• Reproduce, copy, sell, resell, or otherwise exploit any portion of the Site without our prior written permission

2. Intellectual Property

All content on the Site, including text, graphics, photos, logos, icons, designs, and underlying code, is owned by or licensed to Brainard's Greenscapes and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may view and print pages from the Site for personal, non-commercial use only. Any other use requires our prior written consent.

3. Form Submissions and Inquiries

When you submit a contact form, request a quote, or otherwise communicate with us through the Site, you represent that the information you provide is accurate and complete to the best of your knowledge. We use the information you submit as described in our Privacy Policy.

Submitting a form or inquiry does not create a contract for services. Any work we perform for you will be governed by a separate written agreement, proposal, or estimate that you accept.

4. Estimates, Quotes, and Service Information

Pricing, availability, service descriptions, and project timelines shown on the Site are for general informational purposes only and may change without notice. Final pricing and scope of work will be confirmed in a written estimate or service agreement before any work begins. Photos, before-and-after images, and project examples represent past work and are not a guarantee of identical results on your property.

5. Third-Party Links

The Site may contain links to third-party websites that we do not own or control. We provide these links for your convenience and are not responsible for the content, accuracy, privacy practices, or policies of any third-party site.

6. Disclaimer of Warranties

The Site and its content are provided "as is" and "as available," without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Brainard's Greenscapes, its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Site, even if we have been advised of the possibility of such damages. Our total liability for any claim relating to the Site is limited to one hundred U.S. dollars ($100).

These limits do not apply to liability that cannot be limited under applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Brainard's Greenscapes and its owners, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

9. Changes to the Site and These Terms

We may update, modify, or discontinue any part of the Site at any time without notice. We may also update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site after changes are posted means you accept the updated Terms.

10. Governing Law

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or your use of the Site will be brought exclusively in the state or federal courts located in Doña Ana County, New Mexico, and you consent to the personal jurisdiction of those courts.

11. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

12. Contact Us

If you have questions about these Terms, please contact: