Term and Conditions
Last updated: June 01, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Birch Meadow Garden Care, LLC ("Company," "we," "us," or "our"), a company registered in North Carolina, United States.
We operate the website https://www.birchmeadowgc.com/ (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (919) 224-9697, email at admin@birchmeadowgc.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Birch Meadow Garden Care, LLC, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by email at admin@birchmeadowgc.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SERVICES MANAGEMENT
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SMS TEXT MESSAGING
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:
Access the Services; and
Download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to admin@birchmeadowgc.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions
Please review this section and the "Prohibited Activities" section carefully prior to using our Services to understand:
The rights you give us; and
The obligations you have when you post or upload any content through the Services.
Submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You Are Responsible for What You Post or Upload
By sending us Submissions through any part of the Services, you:
Confirm that you have read and agree with our Prohibited Activities section and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
Warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the rights described above;
Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions...You are solely responsible for your Submissions, and you expressly agree to reimburse us for any losses that we may suffer because of your breach of:
This section;
Any third party’s intellectual property rights; or
Applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
You have the legal capacity and agree to comply with these Legal Terms.
You are not a minor in the jurisdiction in which you reside.
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without our written permission.
Trick, defraud, or mislead us or other users, especially in attempts to obtain sensitive account information such as passwords.
Circumvent, disable, or interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm us or the Services.
Use information obtained from the Services to harass, abuse, or harm another person.
Make improper use of support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit viruses, Trojan horses, spam, or other harmful materials that interfere with the operation of the Services.
Engage in automated use of the system, including scripts, data mining, robots, or similar data gathering tools.
Delete copyright or other proprietary rights notices from any Content.
Attempt to impersonate another user or person.
Upload or transmit spyware, tracking mechanisms, web bugs, cookies, or similar devices.
Interfere with, disrupt, or create an undue burden on the Services or related networks.
Harass, annoy, intimidate, or threaten our employees or agents.
Attempt to bypass measures designed to prevent or restrict access to the Services.
Copy or adapt the Services’ software, including Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any software that forms part of the Services, except as permitted by law.
Use, launch, develop, or distribute automated systems such as spiders, robots, scrapers, cheat utilities, offline readers, or unauthorized scripts.
Use a buying agent or purchasing agent to make purchases on the Services.
Collect usernames or email addresses for unsolicited communications.
Create user accounts through automated means or under false pretenses.
Use the Services to compete with us or for any revenue-generating or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
5. USER GENERATED CONTRIBUTIONS
The Services do not generally offer users the ability to submit or post content. However, we may provide opportunities for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including:
Text
Writings
Videos
Audio
Photographs
Graphics
Comments
Suggestions
Personal information
Other materials
(collectively, “Contributions”).
Contributions may be viewable by other users of the Services and through third-party websites.
When you create or make available any Contributions, you represent and warrant that:
User Contributions Representations
You represent and warrant that:
The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe any third party's proprietary rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions as contemplated by the Services and these Legal Terms.
You have obtained written consent, release, and/or permission from every identifiable individual appearing in your Contributions to use their name or likeness.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten others or promote violence against any person or group.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate laws concerning child pornography or laws protecting the health and well-being of minors.
Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate these Legal Terms or any applicable law or regulation.
Any use of the Services that violates the foregoing may result in termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data that you provide, including your choices and settings.
By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim ownership of your Contributions. You retain full ownership of your Contributions and any associated intellectual property rights. We are not liable for statements or representations made in your Contributions. You are solely responsible for your Contributions and agree to hold us harmless from claims relating to them.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
Monitor the Services for violations of these Legal Terms.
Take appropriate legal action against anyone who violates the law or these Legal Terms.
Refuse, restrict, limit, or disable access to any Contributions.
Remove files or content that are excessive in size or burdensome to our systems.
Manage the Services to protect our rights and property and facilitate proper functioning.
8. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services.
We reserve the right, without notice or liability, to deny access to and use of the Services, including blocking IP addresses, for any reason, including violations of these Legal Terms or applicable laws. We may terminate your use of the Services or delete any content you have posted at any time without warning.
If your account is terminated or suspended, you may not create a new account under your own name, a borrowed name, a fake name, or on behalf of another person. We also reserve the right to pursue legal remedies.
9. MODIFICATIONS AND INTERRUPTIONS
We may change, modify, or remove content from the Services at any time without notice. We have no obligation to update information.
We do not guarantee uninterrupted availability of the Services. Hardware, software, maintenance, or other issues may result in interruptions, delays, or errors. We are not liable for losses resulting from downtime or service interruptions.
10. GOVERNING LAW
These Legal Terms and your use of the Services are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.
11. DISPUTE RESOLUTION
Informal Negotiations
Before initiating arbitration, the parties agree to attempt informal negotiations for at least thirty (30) days.
Binding Arbitration
If a dispute cannot be resolved informally, it will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
Arbitration will take place in Orange County, North Carolina.
If a dispute proceeds in court instead of arbitration, it must be brought in the state or federal courts located in Orange County, North Carolina.
Any dispute must be commenced within one (1) year after the cause of action arose.
Restrictions
Arbitration is limited to disputes between the individual parties.
No class actions or representative actions are permitted.
Exceptions
The following disputes are not subject to arbitration:
Intellectual property disputes.
Claims involving theft, piracy, invasion of privacy, or unauthorized use.
Claims seeking injunctive relief.
12. CORRECTIONS
The Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or update information at any time without prior notice.
13. DISCLAIMER
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We are not responsible for:
Errors or inaccuracies in content.
Personal injury or property damage resulting from use of the Services.
Unauthorized access to our servers or stored information.
Interruptions or failures in transmission.
Viruses, bugs, Trojan horses, or similar harmful code.
Losses resulting from content made available through the Services.
14. LIMITATIONS OF LIABILITY
To the fullest extent permitted by law:
We will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages.
Our total liability is limited to the lesser of:
The amount paid by you to us, if any; or $1,000.00 USD.
Some jurisdictions do not permit these limitations, so they may not apply to you.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any claims, losses, liabilities, damages, or expenses (including attorneys' fees) arising from:
Your use of the Services.
Your breach of these Legal Terms.
Your breach of representations and warranties.
Violations of third-party rights.
Harmful actions toward other users.
16. USER DATA
We maintain data you transmit to the Services. Although routine backups are performed, you are solely responsible for your data.
We are not liable for loss or corruption of data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to receive electronic communications and agree that electronic agreements, notices, disclosures, and records satisfy legal requirements for written communications.
You also agree to the use of electronic signatures and electronic delivery of records.
18. SMS TEXT MESSAGING
Program Description
By opting into the text messaging program, you consent to receive SMS messages that may include:
Appointment reminders
Responses to inquiries
Order updates
Account alerts
Message Frequency
(Blank field in the original document.)
Opting Out
Reply "STOP" to discontinue SMS messages. A confirmation message may be sent.
Message and Data Rates
Standard message and data rates may apply.
Support
For assistance:
Email: admin@birchmeadowgc.com
Phone: (919) 224-9697
19. CALIFORNIA USERS AND RESIDENTS
Complaints may be directed to:
Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone:
(800) 952-5210
(916) 445-1254
20. MISCELLANEOUS
These Legal Terms constitute the entire agreement between you and us. If any provision is found unenforceable, the remaining provisions remain in effect. No partnership, employment, or agency relationship is created by these Terms.
21. CONTACT US
Birch Meadow Garden Care, LLC
United States
Phone: (919) 224-9697
Email: admin@birchmeadowgc.com