Terms and Conditions
Our commitment to excellence in landscape and arboriculture services is built on a foundation of quality, trust, and transparency. We value the relationships we build with our clients and believe that clear communication is essential to maintaining those relationships. Our Terms and Conditions below, are provided to enhance transparency and outline the agreement between our clients and Jose Antonio Muñoz and Foregrounds Landscape, ensuring that our clients have full confidence in their experience with our services.
LAST UPDATED: September 13, 2024
TERMS AND CONDITIONS
As used in these terms and conditions, "us," "we," or "our" refers to Jose Antonio Muñoz and Foregrounds Landscape. BY USING OUR WEBSITE AND SERVICES, YOU AGREE TO OUR TERMS AND CONDITIONS, WHICH INCLUDE THE PRIVACY POLICY, INFORMATION WE COLLECT, USE OF YOUR INFORMATION, YOUR RIGHTS, DATA SECURITY, CHANGES TO THIS PRIVACY POLICY, PROPRIETARY RIGHTS, PHOTOGRAPHY AND VIDEO CONSENT, PAYMENT TERMS, TERMINATION, FORCE MAJEURE, NOTICE TO CALIFORNIA RESIDENTS, LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER, ARBITRATION, GOVERNING LAW AND VENUE, ENVIRONMENTAL COMPLIANCE, HEALTH AND SAFETY COMPLIANCE, YOUR RESPONSIBILITIES, AND MISCELLANEOUS TERMS. ALL CONTRACTS AND AGREEMENTS, INCLUDING BUT NOT LIMITED TO PROPOSALS, EMAILS, TEXTS, AND WRITTEN COMMUNICATIONS BETWEEN YOU AND JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE (COLLECTIVELY “CONTRACT”), SHALL BE LEGALLY BINDING AND SUBJECT TO THESE TERMS AND CONDITIONS. The use of our website and services is at your discretion and sole risk. These terms and conditions apply to Jose Antonio Muñoz and Foregrounds Landscape, the website, all services, applications, and other platforms. We may update or modify our terms and conditions at our discretion. All changes will be posted on this page, along with the date of the latest revision. Your continued use of our website and services after the changes have been posted constitutes your acceptance of the revised terms. We recommend that you check this page regularly to stay informed with the latest terms. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT. These terms and conditions contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Arbitration” section.
PRIVACY POLICY
Jose Antonio Muñoz and Foregrounds Landscape values your privacy and is committed to protecting your personal information. This privacy policy explains how we collect, use, and safeguard your information when you visit our website and use our services. This policy applies to all information collected through our website, located at www.theforegrounds.com, and any related services, sales, marketing, or events.
INFORMATION WE COLLECT
We may collect personal information that you provide directly to us, including but not limited to your name, phone number, email address, and mailing address. This information is collected for contact purposes, including responding to inquiries, scheduling services, and sending marketing emails. We do not share, sell, or otherwise disclose your personal information to third parties for any purpose other than those described in this privacy policy.
USE OF YOUR INFORMATION
The information we collect is used to:
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Provide, operate, and maintain our services.
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Improve, personalize, and expand our services.
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Communicate with you to provide you with updates and other information relating to the service.
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Process your transactions and send you related information, including confirmations and invoices.
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Send you marketing and promotional emails (you can opt-out at any time).
YOUR RIGHTS
Under applicable laws, you have the right to request information about the collection and use of your personal information. You also have the right to request that we delete your personal information, subject to certain exceptions. To exercise your rights, please contact us at theforegrounds@gmail.com.
DATA SECURITY
We implement a variety of security measures to maintain the safety of your personal information. Jose Antonio Muñoz and Foregrounds Landscape makes no guarantees or warranties of any kind, whether express or implied, for absolute security of information.
CHANGES TO PRIVACY POLICY
We reserve the right to change or update our privacy policy at any time. Our privacy policy may be updated to reflect changes in our data collection and processing practices. Any changes will be posted on this page, along with the date of the most recent update. You are advised to review this privacy policy periodically for any changes. Continued use of our website and services after such changes constitutes your acceptance of the updated privacy policy.
PROPRIETARY RIGHTS
The term “proprietary rights” means all trade secrets, copyright, trademark, and other intellectual property rights throughout the world. All content, including but not limited to text, images, graphics, logos, and other material (collectively “content”) that is the exclusive property of Jose Antonio Muñoz and Foregrounds Landscape, is protected by copyright, trademark, and proprietary rights to the fullest extent allowed by applicable laws. Any reproduction, modification, distribution, creation of derivative works, or use of our content without express written permission is prohibited and may result in legal action.
PHOTOGRAPHY AND VIDEO CONSENT
Under California Civil Code § 3344, you are protected from unauthorized use of your likeness for commercial purposes. By using our services, you grant permission to Jose Antonio Muñoz and Foregrounds Landscape to capture and use photographs and videos taken pre, during, and post-completion of services. A follow-up photograph session may be scheduled after service completion, to capture the maturation of plant material and full aesthetic of the service provided. Photographs and videos are used for promotional, advertising, and marketing purposes. This includes, but is not limited to, use in portfolios, websites, social media, and other digital and print marketing uses. Your consent applies globally and is granted without restriction as to the manner or frequency of use. Any identifiable features, including but not limited to your face, the faces of individuals, distinctive landmarks, property addresses, or other unique identifying elements, will be obscured, blurred, or otherwise altered to render them unidentifiable for privacy and confidentiality unless your explicit written consent for inclusion is provided. There will not be any compensation, royalties, or other remuneration for the use of such photographs or videos. Upon completion or termination of contract, you continue to give consent to Jose Antonio Muñoz and Foregrounds Landscape to use photographs and videos taken. You have every right to revoke your consent for future use of photographs and videos at any time. Should you wish to revoke your consent, you must notify Jose Antonio Muñoz through email, text, or letter. Future use of your photographs and videos will be immediately halted. Already published photographs and video material may remain in effect.
PAYMENT TERMS
YOU AGREE TO MAKE PAYMENT AS STATED IN YOUR CONTRACT. PAYMENT IS DUE WITHIN 30 DAYS OF THE INVOICE DATE (NET 30). INTEREST ON ANY UNPAID BALANCE SHALL ACCRUE AT A RATE OF 1.2% PER MONTH (14.4% PER ANNUM), BEGINNING 30 DAYS AFTER THE INVOICE DATE. THERE IS NO DISCOUNT OR COMPENSATION FOR PAYING WITHIN THE NET 30 PAYMENT TERMS. ANY DISPUTES REGARDING INVOICES MUST BE SUBMITTED IN WRITING WITHIN 10 DAYS OF RECEIPT TO THEFOREGROUNDS@GMAIL.COM. FAILURE TO DISPUTE WITHIN THIS PERIOD WILL RESULT IN FULL PAYMENT BEING DUE AND PAYABLE. IN THE CASE OF NON-PAYMENT, FRAUD, OR OTHER MATERIAL BREACHES, SERVICES MAY BE TERMINATED IMMEDIATELY.
BY USING OUR LANDSCAPE DESIGN SERVICES, YOU UNDERSTAND AND AGREE TO OUR PAYMENT TERMS. FULL PAYMENT FOR LANDSCAPE DESIGN SERVICES IS REQUIRED PRIOR TO THE DELIVERY OF YOUR DESIGN PLAN, RENDERINGS, AND CALCULATIONS. WE ARE NOT OBLIGATED TO PROVIDE PREVIEWS OF DESIGN PLANS, RENDERINGS, OR CALCULATIONS PRIOR TO FULL PAYMENT. ONE REVISION IS INCLUDED AFTER DELIVERY OF YOUR LANDSCAPE DESIGN. THIS REVISION CONSISTS OF A SINGLE ROUND OF MINOR ADJUSTMENTS WITHIN THE SCOPE OF WORK IN YOUR CONTRACT. ADDITIONAL REVISIONS MAY INCUR A FEE BASED ON THE SCOPE OF THE REQUESTED CHANGES AND WILL BE DISCUSSED AND AGREED UPON BEFORE ANY ADDITIONAL WORK BEGINS. REQUESTS FOR CHANGES THAT INVOLVE SUBSTANTIAL MODIFICATIONS, ADDITIONAL CALCULATIONS, OR THAT FALL OUTSIDE THE ORIGINAL SCOPE OF WORK WILL BE CONSIDERED A MAJOR REVISION. MAJOR REVISIONS MAY REQUIRE A NEW CONTRACT AND WILL INCUR ADDITIONAL COSTS, WHICH WILL BE FINALIZED BEFORE WORK BEGINS.
TERMINATION
ALL SERVICES PROVIDED BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE ARE SUBJECT TO THE FOLLOWING TERMINATION POLICY. BY USING OUR SERVICES, YOU AGREE TO THIS POLICY. SHOULD YOU DECIDE TO TERMINATE YOUR CONTRACT OR AGREEMENT PRIOR TO THE COMPLETION OF SERVICES OR THE COMPLETION OF YOUR CONTRACT TERM, YOU MUST SUBMIT A TWO (2) WEEK TERMINATION NOTICE IN WRITING, VIA TEXT, EMAIL, OR LETTER, TO JOSE ANTONIO MUÑOZ. SERVICES WILL BE TERMINATED IMMEDIATELY UPON RECEIPT OF WRITTEN NOTICE. YOU AGREE TO PAY FOR ALL WORK COMPLETED PRIOR TO TERMINATION AND PAY A TERMINATION FEE OF 5% OF THE TOTAL PRICE WITHIN 30 DAYS OF THE TERMINATION DATE (WHETHER NOTICE IS PROVIDED WITHIN THE TWO (2) WEEK PERIOD OR NOT). THE TOTAL PRICE REFERS TO THE AGREED AMOUNT FOR THE ENTIRETY OF SERVICES AS STATED IN YOUR CONTRACT OR AGREEMENT, INCLUDING ANY CHANGE ORDERS, MODIFICATIONS, OR ADDITIONS THAT AFFECTED THE TOTAL PRICE OF THE CONTRACT OR AGREEMENT. ANY PROMOTIONAL OFFERS OR DISCOUNTS WILL BE VOID UPON TERMINATION. IN CASES OF NON-PAYMENT, FRAUD, OR BREACH OF CONTRACT OR AGREEMENT, JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE RESERVES THE RIGHT TO TERMINATE SERVICES WITHOUT PRIOR NOTICE.
FORCE MAJEURE
Jose Antonio Muñoz and Foregrounds Landscape shall not be liable for any failure or delay in performing services under these terms and conditions due to unforeseen events beyond our reasonable control, including but not limited to natural disasters, unreasonable weather conditions, acts of God, pandemics, government orders, or other unforeseen circumstances. If a force majeure event occurs, we will make reasonable efforts to resume services as soon as practicable.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, you are entitled to the following specific consumer rights notice: If you have any questions or complaints about Jose Antonio Muñoz and Foregrounds Landscape, the services provided, or any transactions conducted through this website, you may contact us by email at theforegrounds@gmail.com or by phone at (310) 693-1703. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254, or by visiting www.dca.ca.gov.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF AWARENESS OF THE POSSIBILITY OF SUCH DAMAGES EXISTS. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME, PROFITS, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE. JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE SHALL NOT BE LIABLE FOR THE NEGLIGENCE OR MISCONDUCT OF SUBCONTRACTORS (SUBCONTRACTORS SHOULD MAINTAIN THEIR OWN LIABILITY INSURANCE) OR EMPLOYEES DURING THE COURSE OF PROVIDING SERVICES. LIABILITY FOR SUCH ACTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PREMITTED BY LAW.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THE SERVICES, WEBSITE USE, CONTENT, TREATMENT PLANS, PRODUCTS, RECOMMENDATIONS, AND CONCLUSIONS PROVIDED BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE. REASONABLE ATTORNEY'S FEES SHALL BE BASED ON THE STANDARD RATE FOR LEGAL SERVICES IN LOS ANGELES COUNTY, TAKING INTO ACCOUNT THE COMPLEXITY AND NATURE OF THE CASE. THIS INDEMNIFICATION INCLUDES CLAIMS RESULTING FROM THIRD-PARTY ACTIONS OR YOUR MISUSE OF THE PROVIDED SERVICES OR INFORMATION. THESE LIMITATIONS DO NOT APPLY TO LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE.
TO THE FULLEST EXTENT PERMITTED BY LAW, SUBCONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE, ITS OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES. SUBCONTRACTOR SHALL NOT BE OBLIGATED TO INDEMNIFY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE FOR DAMAGES ARISING FROM JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE OWN ACTIVE NEGLIGENCE OR WILLFUL MISCONDUCT. THE DEFENSE COSTS PAYABLE BY SUBCONTRACTOR SHALL NOT EXCEED SUBCONTRACTOR’S PROPORTIONATE SHARE OF LIABILITY, CONSISTENT WITH CALIFORNIA CIVIL CODE § 2782.05.
DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE PROVIDE ALL SERVICES, WEBSITE, INFORMATION, CONSULTATIONS, REPORTING, TREATMENT PLANS, PRODUCTS, RECOMMENDATIONS, AND CONCLUSIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND MAKE NO REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR SERVICES PROVIDED. ANY ADVICE, SPECULATIONS, RECOMMENDATIONS, OR PLANS PROVIDED BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE DO NOT GUARANTEE FUTURE OUTCOMES, AND USE OF SUCH INFORMATION IS AT YOUR DISCRETION AND OWN RISK.
ARBITRATION
ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED BY JOSE ANTONIO MUÑOZ AND FOREGROUNDS LANDSCAPE MUST BE FILED WITHIN ONE (1) YEAR FROM THE COMPLETION OF SERVICES, OR SUCH CLAIM WILL BE PERMANENTLY BARRED. Any dispute between you and Jose Antonio Muñoz and Foregrounds Landscape must be resolved through individual arbitration, EXCEPT FOR DISPUTES THAT FALL WITHIN THE JURISDICTION OF SMALL CLAIMS COURT OR CLAIMS RELATED TO PROPRIETARY RIGHTS, WHICH MAY BE BROUGHT IN COURT. "Dispute" includes any claim or controversy arising out of or relating to your interactions with Jose Antonio Muñoz and Foregrounds Landscape, the website, or any services provided, whether based in contract, tort, statute, fraud, or any other legal theory. BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO PURSUE CLAIMS IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL, AND OTHER AVAILABLE RESOLUTION PROCESSES. You and Jose Antonio Muñoz and Foregrounds Landscape agree that any arbitration will be conducted on an individual basis only and NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Before initiating arbitration, you and Jose Antonio Muñoz and Foregrounds Landscape agree to engage in a good faith effort to resolve the dispute informally for 90 days. Good faith shall include open communication and reasonable efforts to resolve the matter before proceeding to arbitration. Documentation of dispute resolution attempts should be retained by both parties. If the dispute is not resolved, either party may initiate arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration may be conducted virtually, by telephone, or in person in the county where Jose Antonio Muñoz and Foregrounds Landscape resides. Each party will be responsible for its own attorney’s fees and costs unless otherwise authorized by law or determined by the arbitrator. IF ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
This agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) and applicable federal law, or, in the absence of applicable federal law, the laws of the state of California, without regard to conflict of law principles, will govern these terms and apply to any disputes against Jose Antonio Muñoz and Foregrounds Landscape. The arbitration will be conducted under the then-current and applicable consumer arbitration rules of the American Arbitration Association (“AAA”). The AAA consumer arbitration rules are available online at www.adr.org. These terms are governed by the laws of the state of California. Any disputes that fall outside of the arbitration agreement will be resolved in the courts of Los Angeles County, California.
GOVERNING LAW AND VENUE
These terms are governed by the laws of the State of California. Any disputes that fall outside of the arbitration agreement will be resolved in the courts of Los Angeles County, California.
ENVIRONMENTAL COMPLIANCE
Jose Antonio Muñoz and Foregrounds Landscape is committed to complying with all applicable environmental laws and regulations, including the proper use and disposal of pesticides, water conservation practices, and waste management in accordance with state and federal guidelines.
HEALTH AND SAFETY COMPLIANCE
Jose Antonio Muñoz and Foregrounds Landscape is committed to complying with all applicable Occupational Safety and Health Administration (OSHA) standards and maintaining a safe working environment.
YOUR RESPONSIBILITIES
You agree to provide safe, unobstructed access to the property throughout the duration of services provided by Jose Antonio Muñoz and Foregrounds Landscape. You are responsible for ensuring that the work area is free of hazards, pets, or any obstructions that could interfere with the service. You also agree to provide all necessary and relevant information required by Jose Antonio Muñoz and Foregrounds Landscape to perform services. Failure to comply with these responsibilities will result in Jose Antonio Muñoz and Foregrounds Landscape not being liable for incomplete service or delays caused.
MISCELLANEOUS
These terms and conditions, including any policies linked or incorporated herein, constitute the entire agreement between you and Jose Antonio Muñoz and Foregrounds Landscape. No prior verbal agreements or communications shall supersede these terms. Should any clause in these terms be found unenforceable, the remaining provisions shall remain in effect. You may not transfer, assign, or delegate your rights or obligations under this agreement without our written consent. We will not be held liable for any failure to meet obligations due to events beyond our control, including but not limited to extreme weather, natural disasters, or government actions.
CONTACT US
If you have any questions or concerns, please contact us at theforegrounds@gmail.com.