Terms of Service

Last Updated: October 13, 2025
Legal Entity: Total Commercial Landscaping, LLC (dba “Eco Nursery”)
Mailing Address: P.O. Box 28, Forest Hill, LA 71430
Registered Address: 11701 Bee Cave Rd, Suite 215, Austin, TX 78738
Contact: support@econursery.com

1. Acceptance of Terms

By accessing or using the Eco Nursery website, products, or services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Services.

2. Eligibility

You represent that you are at least the age of majority in your jurisdiction and have authority to agree to these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

3. Changes to the Services and Terms

We may update the Services and these Terms from time to time. Material changes will be posted on this page with a new “Last Updated” date. Continued use means you accept the changes.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized use.

5. Orders, Subscriptions, and Payments

Fees, billing cycles, and renewal terms are disclosed at checkout or in order documents. By providing a payment method, you authorize us (and our payment processors) to charge applicable fees and taxes. Subscriptions renew automatically unless canceled before renewal.

6. Acceptable Use

You agree not to:
(a) use the Services for unlawful purposes;
(b) infringe intellectual property rights;
(c) disrupt or interfere with the Services;
(d) attempt unauthorized access;
(e) use the Services to send spam or unlawful marketing.

7. Intellectual Property

All content, trademarks, logos, and software are owned by Eco Nursery or its licensors and protected by law. We grant you a limited, non-exclusive, non-transferable license to use the Services for their intended purpose.

8. User Content

You retain ownership of any content you submit (“User Content”). You grant Eco Nursery a worldwide, royalty-free license to host, display, and use your User Content as necessary to provide the Services.

9. Third-Party Services

Our Services integrate with tools such as HubSpot, Apollo, Plantiful, QuickBooks, and SMS Sales. Your use of these tools is governed by their own terms and privacy policies.

10. Marketing Communications (Email & SMS)

By providing your email and/or mobile number and opting in, you consent to receive recurring automated marketing messages from Eco Nursery.
Message frequency varies. Msg & data rates may apply. Reply HELP for help or STOP to cancel. Consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages.

11. Warranties and Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ECO NURSERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not guarantee uninterrupted or error-free operation.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECO NURSERY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM.

13. Indemnification

You will indemnify and hold Eco Nursery harmless from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

14. Termination

We may suspend or terminate your access at any time for any reason, including breach of these Terms. Upon termination, your right to use the Services ends immediately.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas. Any disputes shall be brought exclusively in the courts of Travis County, Texas, USA.

16. Export and Compliance

You agree to comply with all applicable export and sanctions laws.

17. Severability and Waiver

If any provision is unenforceable, the rest remain effective. No waiver is valid unless in writing.

18. Contact

Questions about these Terms: support@econursery.com | P.O. Box 28, Forest Hill, LA 71430