TERMS OF SERVICE

Effective Date: March 30, 2026

These Terms of Service (“Terms”) govern your use of Miami Valley Garden’s website, services, and SMS communications program. By using our services or opting into SMS communications, you agree to these Terms. Please read them carefully.

1. SMS Messaging Program

Miami Valley Garden operates an SMS text messaging program to communicate with customers and prospective customers in the Dayton, Ohio area. By opting in, you consent to receive recurring automated and manually sent text messages from Miami Valley Garden.

Program description

Our SMS program is used for the following purposes:

•        Service appointment scheduling, reminders, and confirmations

•        Estimates, quotes, and follow-ups for lawn care or landscaping services

•        Seasonal promotions, special offers, and discounts

•        Service area updates (e.g., weather-related delays or schedule changes)

•        Customer satisfaction check-ins and service feedback requests

•        Account and billing notifications

Message frequency varies. You may receive up to 4–8 messages per month depending on your service schedule and the preferences you selected at opt-in.

2. How to Opt Out

To stop receiving messages: Reply STOP to any text message from Miami Valley Garden at any time.

After you send STOP, you will receive one final confirmation message and will receive no further SMS messages from us. Your service account will not be affected by opting out of SMS.

You may also opt out by:

•        Contacting us by email at [email protected]

•        Calling us directly and requesting removal from our SMS list

To re-subscribe at any time after opting out, text START to the same number or re-submit your opt-in through our website.

3. Support & Contact Information

If you need help with our SMS program or have any questions about these Terms, you can reach us in the following ways:

SMS help: Reply HELP to any text message for assistance.

Miami Valley Garden

Dayton, Ohio (serving Kettering, Centerville, Beavercreek & surrounding areas)

Email: [email protected]

Phone: (937) 000-0000

Website: miamivalleygarden.com

4. Message & Data Rates

Disclosure: Message and data rates may apply. Standard carrier messaging rates will apply based on your mobile plan and carrier.

Miami Valley Garden does not charge any additional fee for SMS communications. However, your mobile carrier may charge you for sending and receiving text messages, depending on your plan. These charges are your responsibility. Miami Valley Garden is not responsible for any fees your carrier may assess.

If you are unsure whether SMS charges apply to your plan, please contact your mobile carrier before opting in.

5. Carrier Liability Disclaimer

Miami Valley Garden’s SMS messaging service is provided on an “as-is” basis. To the fullest extent permitted by applicable law:

•        Mobile carriers (including but not limited to AT&T, Verizon, T-Mobile, and others) are not liable for delayed or undelivered messages

•        Carriers are not responsible for the content of messages sent through our program

•        Miami Valley Garden is not responsible for any errors, delays, or failures in message delivery attributable to your carrier or network conditions

•        Delivery of SMS messages is subject to effective transmission from your carrier and is not guaranteed

By opting in to our SMS program, you acknowledge that wireless carriers are not responsible for any aspect of the Miami Valley Garden messaging program, including but not limited to program content, delivery, or any actions taken in reliance on a message.

6. Age Restriction

18+ only: You must be at least 18 years of age to opt in to Miami Valley Garden’s SMS program or to enter into a service agreement with Miami Valley Garden.

By opting in or requesting services, you confirm that you are 18 years of age or older. Miami Valley Garden does not knowingly collect personal information from or send marketing communications to individuals under the age of 18. If we become aware that a person under 18 has provided us with personal information or has opted into our SMS program, we will take steps to remove that information and cancel any related communications.

7. Privacy Policy

Your use of Miami Valley Garden’s services and SMS program is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Our Privacy Policy describes:

•        What personal information we collect

•        How we use and protect your information

•        Our commitment to never sell or share your SMS opt-in data with third parties for marketing purposes

•        Your rights to access, correct, or delete your information

Privacy Policy: miamivalleygarden.com/privacy-policy

By using our services or opting into SMS, you acknowledge that you have read and understood our Privacy Policy.

8. General Terms

Service agreement

These Terms apply to your use of Miami Valley Garden’s website and SMS communications. Separate service agreements govern the specific lawn care and landscaping services we provide.

Changes to these Terms

We may update these Terms from time to time. When we do, we will update the effective date at the top of this document. Continued use of our services or SMS program after any update constitutes your acceptance of the revised Terms.

Governing law

These Terms are governed by the laws of the State of Ohio. Any disputes arising under these Terms shall be resolved in the courts of Montgomery County, Ohio.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.