Terms & Services

1. Acceptance of Terms

Your use of the Website and any interaction with Palomar Landscape constitutes your affirmative acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference. Acceptance occurs when you click an "I agree" checkbox, submit a contact form, subscribe to our newsletter, request a quote, sign a service agreement, or simply continue to browse the Website after being presented with notice of these Terms. If you are entering into this Agreement on behalf of a business, homeowners association, property management company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to refuse service, terminate access to the Website, or decline to enter into a service relationship with any person or entity at our sole discretion, including where we believe that providing Services would violate applicable law, create an unreasonable safety risk, or conflict with our professional standards. Minors under the age of eighteen may not create accounts, submit forms, or enter into binding service contracts without the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on the minor's behalf.

Electronic acceptance of these Terms has the same legal force and effect as a handwritten signature. You agree that electronic records and communications satisfy any legal requirement that such communications be in writing. We may provide notices to you via email to the address you provide, through postings on the Website, or through other reasonable electronic means. It is your responsibility to maintain a current and accurate email address and to review these Terms periodically for updates.

By accepting these Terms, you also acknowledge that landscaping and outdoor construction work involves inherent variables including weather, soil conditions, plant health, municipal regulations, and third-party utility locations. While we strive for transparency and accuracy in all communications, estimates and timelines provided through the Website or during initial consultations are preliminary and non-binding until confirmed in a signed written agreement.

2. Services Description

Palomar Landscape provides professional outdoor property services primarily to residential and select commercial clients throughout Southern California, including San Diego County, Riverside County, and the greater Inland Empire region. Our Services include, but are not limited to, full-service landscaping, custom garden design, ongoing lawn care and maintenance, hardscaping such as patios walkways retaining walls and outdoor living structures, irrigation system design installation and repair, and comprehensive outdoor improvement projects that may combine multiple disciplines into a unified transformation plan.

The Website serves as an informational and lead-generation platform. Content on the Website—including service descriptions, pricing tiers, portfolio imagery, testimonials, blog posts, and FAQ entries—is provided for general informational purposes and does not constitute a binding offer, guarantee of results, or professional advice tailored to your specific property. A formal scope of work, timeline, and price are established only through a written proposal, estimate, or contract signed by both parties following an on-site or virtual consultation.

Service availability may vary based on season, crew capacity, geographic service area, and project complexity. We do not guarantee that every service listed on the Website is available in every location or at every time of year. Certain specialized work—such as tree removal requiring permits, structural engineering for large retaining walls, or connection to municipal water systems—may require coordination with licensed subcontractors, government agencies, or utility companies, and such coordination may affect scheduling and cost.

Maintenance and recurring lawn care services, when offered, typically operate on a scheduled basis (weekly, bi-weekly, or monthly depending on the plan selected). One-time installation and renovation projects follow a phased approach generally consisting of consultation, design, permitting where applicable, material procurement, installation, and final walkthrough. We will communicate the applicable process for your specific project during the proposal stage. Any descriptions of "standard" processes on the Website are illustrative and may be modified to suit individual property needs.

We may offer complimentary initial consultations as described on the Website. Complimentary consultations are limited in scope and do not include detailed design drawings, engineered plans, or formal written estimates unless otherwise agreed. Following a consultation, you are under no obligation to proceed with Services, and we are under no obligation to accept every project presented to us.

3. User Obligations

As a user of the Website or a client of our Services, you agree to provide accurate, complete, and current information when submitting contact forms, quote requests, newsletter subscriptions, or any other data collection mechanism we operate. You are responsible for promptly updating your information if it changes. Misrepresentation of property ownership, scope of desired work, budget, or access permissions may result in cancellation of services, revision of pricing, or termination of our working relationship.

You agree to cooperate reasonably with our team throughout the service lifecycle. Cooperation includes providing safe and timely access to the property; disclosing known underground utilities, irrigation lines, septic systems, or property boundary disputes; securing approvals from homeowners associations, landlords, or co-owners where required; and removing or securing pets, personal belongings, and vehicles from work areas prior to scheduled service dates. Failure to provide adequate access or cooperation may result in rescheduling fees, project delays, or additional charges for return visits.

You must not use the Website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our servers or networks. Prohibited conduct includes attempting to gain unauthorized access to any portion of the Website, scraping content through automated means without our written consent, transmitting malware or harmful code, harassing our staff through repeated or abusive communications, or using our branding or copyrighted materials without permission.

When engaging us for on-site Services, you represent that you have the legal right to authorize work on the property in question. You agree to indemnify us against claims arising from your lack of authority to order work, provided that such claims do not result from our own negligence or willful misconduct. You are also responsible for obtaining and paying for any permits, HOA approvals, or inspections required by local ordinance unless explicitly included in a signed written agreement.

Payment obligations, property access, and communication responsiveness are material conditions of our service relationship. Repeated failure to meet these obligations may result in suspension of maintenance services, lien rights where permitted by law, collection activity, or legal action to recover amounts owed. We prefer to resolve concerns amicably and encourage you to contact us promptly if you anticipate difficulty meeting any obligation described in this section.

4. Intellectual Property

All content on the Website—including but not limited to text, graphics, logos, icons, photographs, illustrations, videos, audio clips, digital downloads, data compilations, software, page layout, and design elements—is the property of Palomar Landscape or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The Palomar Landscape name, logo, and associated trade dress may not be used in connection with any product or service that is not ours without prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes related to evaluating and engaging our Services. This license does not include the right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Website except as incidental to normal browsing or as expressly permitted by these Terms. Any unauthorized use terminates this license immediately.

Custom landscape designs, planting plans, CAD drawings, 3D renderings, and other creative work product developed by Palomar Landscape for your project remain our intellectual property until full payment is received for the design phase, at which point you receive a license to implement the design on the subject property. This license is non-transferable and does not permit resale, republication, or use on other properties without a separate written agreement and appropriate compensation. We reserve the right to photograph completed projects for portfolio, marketing, and promotional use unless you notify us in writing prior to project commencement that you require privacy.

If you submit testimonials, photographs of your property, reviews, or other user-generated content to us, you grant Palomar Landscape a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display such content in connection with our business operations and marketing. You represent that you own or control the rights to any content you submit and that its use by us will not infringe upon the rights of any third party. We are not obligated to use any user-submitted content and may remove or decline to publish content at our discretion.

Trademarks, service marks, and trade names of third parties appearing on the Website are the property of their respective owners. Reference to third-party products, equipment manufacturers, or industry associations does not imply endorsement unless explicitly stated. If you believe that any content on the Website infringes your intellectual property rights, please contact us at legal@palomarlandscape.com with a detailed description of the alleged infringement and we will respond in accordance with applicable law.

5. Payment Terms

Pricing for Palomar Landscape Services is determined on a project-by-project basis. Published pricing tiers, starting prices, and package descriptions on the Website are estimates only and are subject to change without notice. Final pricing is established in a written proposal or contract following consultation and property assessment. All prices are quoted in United States dollars unless otherwise specified. Applicable sales tax, permit fees, disposal fees, and material surcharges will be itemized in your proposal where required by law.

For installation and renovation projects, we typically require a deposit upon contract execution to reserve scheduling and procure materials. Progress payments may be due at defined milestones such as design approval, material delivery, and substantial completion. The specific payment schedule for your project will be outlined in your signed agreement. Deposits are generally non-refundable once design work has commenced or materials have been ordered, except as provided in the Cancellation & Refund Policy below or as required by applicable consumer protection law.

Recurring lawn care and maintenance plans are billed on a monthly or per-visit basis according to the plan selected. Payment is due according to the billing cycle specified in your maintenance agreement. Late payments may incur a finance charge or service suspension after reasonable notice. We accept payment methods as indicated in your contract, which may include credit card, debit card, ACH bank transfer, or check. Returned checks or declined electronic payments may be subject to additional fees to cover administrative and banking costs.

You agree to review all invoices and statements promptly and to notify us in writing of any disputed charges within fourteen (14) days of receipt. Failure to dispute a charge within this period constitutes acceptance of the charge. Disputes should be directed to hello@palomarlandscape.com with supporting documentation. We will investigate good-faith disputes and work toward resolution before pursuing collection remedies.

In the event of non-payment, we reserve all rights and remedies available under law, including the right to suspend or terminate Services, place a mechanic's lien on the property where permitted, report delinquent accounts to credit agencies where lawful, and recover reasonable costs of collection including attorneys' fees where authorized by contract or statute. Nothing in these Terms limits our right to pursue equitable relief for breach of payment obligations.

6. Cancellation & Refund Policy

We understand that plans change. Cancellation and refund terms vary depending on the type of Service and the stage of the project at the time of cancellation. The following policy provides general guidelines; your signed service agreement may contain project-specific terms that supplement or modify these provisions, in which case the signed agreement controls for that project.

Consultations and Quotes. You may cancel or reschedule a complimentary consultation at no charge by providing at least twenty-four (24) hours' notice via email. Repeated no-shows without notice may result in restrictions on future consultation scheduling. Quote requests submitted through the Website carry no financial obligation and may be withdrawn at any time before contract execution.

Design and Planning Phase. If you cancel after design work has begun but before installation commences, you are responsible for payment of all design fees, site visits, permit application costs, and any custom-ordered materials that cannot be returned or repurposed. Deposits applied to design work are non-refundable except where we have failed to deliver agreed design deliverables through no fault of your own.

Installation and Construction Projects. Cancellation after materials have been ordered or work has commenced on-site will result in charges for all completed work, materials purchased or fabricated for your project, subcontractor commitments, equipment rental, and a reasonable cancellation fee to cover administrative and scheduling disruption. We will provide an itemized accounting of amounts retained. Refunds of any overpayment will be processed within thirty (30) business days of final accounting.

Recurring Maintenance Services. Monthly or seasonal maintenance plans may be cancelled with thirty (30) days' written notice. Prepaid amounts for services not yet rendered will be refunded on a prorated basis. Cancellation does not relieve you of payment obligations for services already performed. We may cancel maintenance services for non-payment, unsafe working conditions, or repeated access failures after providing reasonable notice.

Weather and Force Majeure. Neither party shall be liable for delays or cancellations necessitated by events beyond reasonable control, including severe weather, natural disasters, government orders, labor strikes, or supply chain disruptions. In such cases, we will work with you to reschedule services. Deposits remain applicable to rescheduled work unless you elect to cancel the project entirely, in which case the refund provisions above apply to any amounts not attributable to completed work or non-recoverable costs.

Satisfaction Guarantees. Any satisfaction guarantee or warranty described on the Website or in marketing materials is subject to the specific terms stated therein and does not constitute an unconditional money-back guarantee. Plant material warranties, where offered, typically require adherence to watering and care instructions and may exclude damage from pests, disease, extreme weather, or client neglect. Warranty claims must be reported promptly with photographic documentation.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALOMAR LANDSCAPE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PROPERTY DAMAGE NOT DIRECTLY CAUSED BY OUR NEGLIGENCE, PERSONAL INJURY EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total cumulative liability to you for any and all claims arising out of or related to these Terms, the Website, or the Services, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total amount you paid to Palomar Landscape for the specific Service giving rise to the claim during the twelve (12) months preceding the event giving rise to liability, or (b) one hundred United States dollars ($100.00). This limitation applies collectively to all claims and shall not be enlarged by multiple claims or parties.

Landscaping involves living organisms and environmental factors beyond our complete control. We do not guarantee specific outcomes for plant survival, growth rates, bloom timing, pest resistance, or aesthetic results after project completion. Recommendations regarding plant selection, irrigation schedules, and maintenance practices are based on professional judgment and regional conditions at the time of service; we are not liable for changes in municipal water restrictions, climate patterns, or soil conditions that affect long-term landscape performance.

The Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either 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 Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You use the Website at your own risk and are responsible for implementing appropriate safeguards for your devices and data.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence where such limitation is prohibited.

8. Indemnification

You agree to defend, indemnify, and hold harmless Palomar Landscape and its officers, directors, employees, agents, subcontractors, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your breach of these Terms or any supplemental service agreement; (b) your violation of any applicable law, regulation, or third-party right; (c) your misuse of the Website or Services; (d) your failure to obtain required permissions, permits, or approvals for work on property you do not solely own or control; (e) inaccurate or incomplete information you provide to us; (f) your failure to maintain safe property conditions or to disclose known hazards; or (g) any dispute between you and a third party (including neighbors, HOAs, tenants, or co-owners) related to work we perform at your direction.

We will promptly notify you of any claim subject to indemnification and provide reasonable cooperation in the defense at your expense. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You may not settle any claim affecting Palomar Landscape without our prior written consent. This indemnification obligation survives termination of these Terms and completion or cancellation of Services.

Indemnification does not apply to claims arising solely from our gross negligence, willful misconduct, or breach of a written service agreement where we have failed to perform work in accordance with industry standards and the agreed scope. In cases involving shared fault, indemnification obligations shall be allocated in proportion to each party's contributory responsibility as determined by a court of competent jurisdiction or mutually agreed resolution process.

9. Dispute Resolution

We are committed to resolving disputes fairly and efficiently. Before initiating any formal legal proceeding, you agree to contact us at legal@palomarlandscape.com and attempt to resolve the dispute informally through good-faith negotiation for a period of at least thirty (30) days. During this period, both parties agree to participate actively and to designate representatives with authority to settle the matter. Many concerns regarding service quality, billing, scheduling, or communication can be resolved quickly through direct dialogue.

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. The arbitration shall be conducted in San Diego County, California, unless both parties agree to an alternative location or to virtual proceedings. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND PALOMAR LANDSCAPE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, the entirety of the arbitration agreement may be void at either party's election.

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Subject to the arbitration provisions above, you consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, for any matters not subject to arbitration. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or misuse of confidential information without first engaging in arbitration. The prevailing party in any action to enforce these Terms or collect amounts owed may be entitled to recover reasonable attorneys' fees and costs to the extent permitted by law or contract.

10. Modifications

Palomar Landscape reserves the right to modify, amend, or replace these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice through the Website, email to registered users, or other reasonable means. Material changes will not apply retroactively to disputes or events that arose before the effective date of the change unless required by law.

Your continued use of the Website or Services after the effective date of revised Terms constitutes acceptance of the updated Terms. If you do not agree to modified Terms, you must discontinue use of the Website and notify us in writing if you wish to cancel ongoing Services. Cancellation rights following a material modification are subject to the Cancellation & Refund Policy and any applicable service agreement.

We may also modify, suspend, or discontinue any aspect of the Website or Services at any time without liability, including adding or removing features, changing service areas, adjusting pricing structures, or terminating newsletter programs. We will make reasonable efforts to honor existing signed contracts for active projects notwithstanding Website or policy changes, but force majeure events and supply chain conditions may necessitate good-faith renegotiation of terms.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

11. Contact for Legal Inquiries

If you have questions about these Terms, wish to report a violation, need to provide legal notice, or want to discuss intellectual property concerns, please contact our legal team using the information below. We aim to respond to all legitimate legal inquiries within five (5) business days.

Legal Department
Palomar Landscape
Email: legal@palomarlandscape.com

For general customer service inquiries, billing questions, or project updates unrelated to legal matters, please contact hello@palomarlandscape.com. Routing your inquiry to the appropriate team helps us serve you more efficiently.

Formal legal notices must be sent to the email address above with the subject line "Legal Notice" and must include sufficient detail to identify the matter, the parties involved, and the relief sought. Electronic notice to this address satisfies any requirement for written notice under these Terms unless applicable law requires delivery by an alternative method.

12. Effective Date

These Terms and Services are effective as of June 15, 2026, and apply to all use of the Website and engagement of Services on or after that date. Prior versions of these Terms are superseded and archived internally for reference. If you entered into a service agreement before this effective date, the terms of that agreement govern the specific project to the extent they conflict with these general Terms, except that provisions relating to Website use, privacy, intellectual property, dispute resolution, and limitation of liability in these Terms apply to all users and clients unless explicitly varied in writing.

By using palomarlandscape.com or engaging Palomar Landscape for professional outdoor services, you confirm that you have had the opportunity to review these Terms in full, that you understand your rights and obligations, and that you agree to be legally bound by them. We thank you for choosing Palomar Landscape and look forward to helping you create the outdoor space you envision.