Terms of Service

Last Updated: December 20, 2024

Welcome to the Mulch Pros, LLC (“Mulch Pros,” “we,” “us,” or “our”) website (the “Site”). By accessing or using this Site, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree with these Terms, please do not use this Site.

1. Acceptance of Terms

By visiting, browsing, or using any portion of the Site, you confirm that you have read, understood, and agree to be legally bound by these Terms. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf.

2. Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Site. By using the Site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

3. Changes to the Terms

We may revise or update these Terms from time to time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of such changes.

4. Use of the Site

Permitted Use: You may use the Site and the content provided for your personal, non-commercial use in compliance with these Terms and all applicable laws.

Prohibited Conduct: You agree not to:

Use the Site in any manner that could damage, disable, overburden, or impair our servers or networks.
Attempt to gain unauthorized access to any portion of the Site or its related systems.
Use any automated means (including bots, scrapers, and spiders) to access or collect information from the Site.
Post, transmit, or otherwise make available any unlawful, harmful, threatening, or defamatory content, or content that infringes on any intellectual property or privacy rights.
Engage in any activity that violates applicable laws, regulations, or third-party rights.

5. Product Descriptions and Orders

Product Information: We make every effort to display accurate and up-to-date product information, including pricing, availability, and descriptions. However, we do not guarantee that product descriptions or other content are error-free, complete, or current.

Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right, in our sole discretion, to limit quantities purchased, to reject or cancel any order, or to refuse service to anyone. If your order is canceled, we will attempt to notify you using the contact information provided at the time of purchase.

Pricing and Payment: All prices are listed in U.S. dollars unless otherwise specified. We reserve the right to change prices at any time without notice. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your purchase.

6. Shipping, Delivery, and Returns

Shipping and delivery times may vary depending on product availability, shipping address, and other factors. Please review our Shipping & Returns Policy for detailed information on how we handle shipments, deliveries, and returns.

7. Intellectual Property

Ownership: All content on the Site, including but not limited to text, graphics, logos, images, product names, and software, is the property of Mulch Pros or its licensors and is protected by intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Site and its content for personal, non-commercial purposes. This license does not include any right to resell or commercially use any portion of the Site or its content without our express written consent.

Trademarks: The Mulch Pros name and logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Mulch Pros. You may not use these marks without our prior written consent.

8. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Mulch Pros. We are not responsible for the content, privacy practices, terms, or policies of such third-party sites. Your use of third-party websites or services is at your own risk.

9. Text Message (SMS/MMS) Communications

Consent to Receive SMS/MMS Messages: By providing your mobile phone number and opting in to receive text communications from us (e.g., by checking a box during checkout or providing verbal consent), you expressly consent to receiving SMS and/or MMS text messages from Mulch Pros. These messages may include order updates, delivery notifications, appointment reminders, promotional offers, and other marketing or informational content.

Message Frequency: Message frequency may vary. The number of messages you receive depends on your interactions with us.

Message and Data Rates: Standard message and data rates may apply. These charges are billed by and payable to your mobile service provider.

Opt-Out Instructions: You may opt out of SMS communications at any time by replying “STOP” to any text message you receive from us. After sending “STOP,” you will receive one additional message confirming your choice and will no longer receive further SMS messages unless you opt in again.

Help Instructions: If you need assistance, reply “HELP” to any text message you receive from us, or contact our customer service team at (678) 496-2743 or [email protected].

Privacy Policy: For more information on how we handle your personal information, including your phone number and the content of our communications, please review our Privacy Policy. By opting in to receive SMS/MMS messages, you acknowledge that you have read and agree to our Privacy Policy.

10. Disclaimer of Warranties

THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MULCH PROS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MULCH PROS, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, TEXT MESSAGE COMMUNICATIONS, OR PRODUCTS PURCHASED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MULCH PROS’ TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE AT ISSUE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Mulch Pros and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, your receipt of or response to text messages, your violation of these Terms, or your violation of any third-party rights.

13. Governing Law and Dispute Resolution

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the state in which Mulch Pros is headquartered, without regard to conflicts of law principles. Any disputes arising from or related to these Terms or the Site shall be resolved exclusively in the state or federal courts located within that jurisdiction, and you consent to their personal jurisdiction.

14. Termination

We reserve the right, in our sole discretion, to terminate your access to the Site and/or block your future access if you violate these Terms or for any other reason. Such termination shall not affect any right or relief to which we may be entitled at law or in equity.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions.

16. Entire Agreement

These Terms, along with our Privacy Policy and any additional terms or policies posted on the Site, constitute the entire agreement between you and Mulch Pros regarding your use of the Site and supersede all prior or contemporaneous communications.

17. Contact Information

For questions about these Terms or the Site, please contact us at:

Email: [email protected]
Address: 7404 Majors Road, Cumming, GA 30040
Phone: (678) 496-2743

By using this Site and/or opting in to receive text messages, you acknowledge that you have read, understood, and agree to these Terms of Service.