Terms of Service
Welcome to Think Outside Design! These terms of service (these “Terms”) govern your access to and use of the website (the “Site”) of Think Outside Design LLC, including any content, functionality and services offered on or through the Site, so please read them carefully before using the Services.
Using our Services
By using the Services, you agree to be bound and abide by these Terms, which is incorporated herein by reference. You also represent that you are of legal age to form a binding contract with Think Outside Design and are not barred under any applicable laws from doing so. If you do not meet these requirements, you must not access or use the Services.
1. Description of Services
The Think Outside Design Conceptual Design Services are available for whole (full) and partial properties. A partial property is defined by up to 50% of the subject property. The user (client) uses the Think Outside Design online process to submit existing property information, photos, and aesthetic preferences to the Think Outside Design designers. The objective of these services is to provide the client with one (1) or two (2) customized, conceptual landscape designs. The Scope of services includes the following deliverables:
- One (1) or two (2) customized conceptual design layouts for the subject property incorporating the clients desired features, and aesthetic preferences.
- Designer notes indicating the design configurations, relationships to existing structures (if any), general materials, and aesthetic recommendations.
- Planting notes included will be general such as “Native grasses,” “Tree with fall color,” “evergreen vine” etc. Specific plant quantities or specifications will not be provided under these services.
- A personalized Pinterest board visualizing ideas, plant materials, elements, furnishings, and products as related to the design.
The Concept design plan(s) and notes will be delivered as a printable, high resolution, 11”x17”PDFs.
Client’s payment of the fee(s) associated with the selected service(s) indicates client’s acceptance of the terms of this Agreement.
2. Exclusions to the scope of services
The following are excluded from the scope for the Think Outside Design Services:
a. Topography and boundary information.
b. Legal descriptions of property.
c. Soils investigations and/or engineering
d. Site engineering and existing utility information.
e. Site environmental information required for planning processing.
f. Abidance to Home Owner Association’s rules or regulations (if any).
g. Overhead aerial photographs at controlled scale.
h. Final planting specifications or quantities.
i. Final dimensions or materials.
3. Use of Images
Think Outside Design LLC may use the client provided images and deliverables on our website and for marketing purposes. Client names and address will not be made public. If you do not wish for your project or photos to be used in the manner, written notification must be provided via email to: Hello@ThinkOutsideDesign.com
4. Disclaimer
Always observe local, state and federal zoning and environmental laws in any landscape installation.
5. Payments for Services
The Think Outside Design Fees for design services are available on the site. We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
6. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned Think Outside Design and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
7. Geographic Restrictions
Think Outside Design LLC is a U.S. company and the Services are based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
8. Disclaimer of Warranty
Think Outside Design provides the above landscape design services in accordance with the limitations inherent in remote conceptual design without personal on-site inspection. Therefore, Think Outside Design does not warrant that the plan will result in a landscape and/or garden satisfactory to Client, or that plantings will be successful. Think Outside Design’s sole obligation is to provide a substitute plan in the event it does not provide the initial plan in accordance with this Agreement. You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our site for any reconstruction of any lost data.
9. Limitation of Liability
In no event will Think Outside Design LLC, its affiliates, service providers, or employees, be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of the services be liable for consequential, special, punitive or other indirect damages even after being informed of the likelihood of such damages. The maximum liability of Think Outside Design LLC, its affiliates, service providers, or employees, under this agreement will be the amount paid by the Client for Design Services in the last twelve (12) months that the claim is based upon. Client acknowledges that Think Outside Design can offer the services, and fees under this agreement only on the condition of these limitations of liability.
10. Indemnification
You agree to defend, indemnify, and hold harmless Think Outside Design, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, and the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
11. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with California law except for its conflicts of laws principles. Any action undertaken by the parties to this Agreement must be brought before the state or federal courts located in San Francisco, California.
12. Sole Agreement
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. This Agreement represents the entire and sole agreement between the parties for the design services contemplated by this Agreement.
13. Acceptance of Terms
Client accepts these terms and conditions by requesting Design Services from Think Outside Design.
14. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: Hello@ThinkOutsideDesign .com
Please print this agreement and save for your records.