Terms of Use / Terms & Conditions
Last updated: March 19, 2026
Welcome — these Terms of Use (“Terms”) explain the rules for using the website located at https://arslandscapematerialsandsupply.com/ (the “Site”) and any products, services, purchases, bookings, or communications offered by ARS Landscape Materials & Supply (we, us, our). By visiting or using the Site you accept and agree to these Terms. If you do not agree, do not use the Site.
1. Scope of these Terms
These Terms apply to all users of the Site, customers who purchase materials or delivery, and visitors who contact or request quotes. They do not replace any written contract you sign with us for specific services (e.g., bulk delivery agreements or contractor invoices) unless those contracts say otherwise.
2. Changes to Terms
We may modify these Terms at any time. We will update the “Last updated” date at the top of this page. Continued use of the Site or our services after changes are posted constitutes acceptance of the revised Terms.
3. Access & Acceptable Use
You may use the Site only for lawful purposes and in accordance with these Terms. Prohibited activities include, but are not limited to:
- Interfering with the Site’s operation or attempting unauthorized access.
- Copying, scraping, or harvesting content or personal data without permission.
- Submitting false or misleading information.
We may suspend or terminate access for violations.
4. Orders, Pricing & Payment
- Products and services (materials, deliveries, installations, etc.) are sold at the prices stated on the Site or in signed estimates. Prices may change without notice.
- Payment terms (due on pickup, due on delivery, deposit, invoice terms) will be shown on the checkout, estimate, or invoice you receive. If a payment method is required online, we will identify the accepted methods at checkout.
- All sales are subject to applicable sales tax, delivery fees, fuel surcharges, or other charges shown at checkout or on your invoice.
- If a payment is refused, declined, or charged back, we reserve the right to recover outstanding amounts and collect reasonable recovery costs.
You may also view additional Sales and Refund information.
5. Delivery, Scheduling & Cancellations
- Delivery windows, scheduling rules, and pickup instructions are provided on the Sales & Delivery page and in confirmation emails.
- If you need to cancel or reschedule delivery, notify us at least 48 hours before the scheduled delivery to avoid fees. Shorter-notice cancellations may incur a cancellation or re-dispatch fee.
- We make reasonable efforts to meet quoted delivery times but are not liable for delays caused by weather, traffic, supplier shortages, or other events beyond our control.
6. Returns, Refunds & Claims
- Bulk materials (soil, rock, mulch, stone): Because bulk materials are sold by weight or volume and often custom-ordered, most bulk sales are final. If you believe items were misdelivered, damaged, or materially not as described, contact us within 48 hours of delivery with photos and order details. We will inspect and respond promptly.
- Small packaged goods / retail items: These may be returned within 14 days if unopened and in original condition — subject to restocking fees if applicable.
- Refunds, where authorized, will be issued to the original payment method. We may deny refunds that appear abusive or fraudulent.
7. Tax, Title & Risk of Loss
Title and risk of loss for pickup orders transfer to you at the time of pickup. For delivery orders, risk of loss transfers at the time of delivery to the delivery address. You are responsible for securing materials and for any theft or loss after delivery.
8. Intellectual Property
All content on the Site (text, images, logos, product descriptions, pricing lists, photographs, videos, and downloadable materials) is owned or licensed by us. You may view and print materials for personal, noncommercial use only. You may not reproduce, distribute, republish, upload, post, transmit, or modify Site content without our prior written permission.
9. User Content & Testimonials
If you submit photos, reviews, or other content (User Content), you represent you have the rights to do so. By submitting User Content you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and publish that content for marketing, promotional, or operational purposes (unless a separate written agreement says otherwise). If you prefer your testimonial not be used publicly, contact us and we will remove it where reasonable.
10. Privacy & Cookies
Our Privacy Policy explains how we collect, use, and share your personal information. That policy is incorporated into these Terms and is available at: /privacy-Policy/. By using the Site you consent to our collection and use of information as described in the Privacy Policy. The Site uses cookies and similar technologies for analytics and functionality; you can manage cookie preferences through your browser or any consent tool we provide.
11. Third-Party Links & Services
The Site may link to or integrate third-party services (maps, payment processors, analytics, scheduling tools). Those services are governed by their own terms and privacy policies. We are not responsible for the availability, content, or practices of third-party sites.
12. Disclaimers
THE SITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SITE AVAILABILITY OR THAT INFORMATION IS COMPLETE OR ERROR-FREE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCT OR SERVICE DURING THE 12 MONTHS PRIOR TO THE CLAIM, OR $100 (WHICHEVER IS GREATER). THIS LIMIT DOES NOT APPLY TO LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of: (a) your breach of these Terms; (b) your negligence or willful misconduct; or (c) your User Content or use of purchased products.
15. Termination
We may suspend or terminate your access to the Site or to purchased digital materials if you materially breach these Terms (including unauthorized resale or sharing of materials). Termination does not relieve you of obligations incurred before termination.
16. DMCA & Copyright
If you believe any content on the Site infringes your copyright, please notify us via the Contact Us page with a written notice that includes: identification of the copyrighted work, location of the allegedly infringing material, your contact information, and a statement under penalty of perjury that you are the owner or authorized to act. We will respond promptly and follow applicable law.
17. Children
The Site is not intended for children under 13. If you are under the age required by law in your jurisdiction to enter into a binding contract, you must have a parent or guardian make purchases or access the Site on your behalf.
18. Accessibility
We aim to make the Site usable and accessible. If you have difficulty using any part of the Site, email us via the Contact Us page and we will work with you to provide an alternative format where reasonably possible.
19. Governing Law & Dispute Resolution
entity [“state”,”Colorado”,”state, US”] law governs these Terms without regard to conflict-of-law rules.
Before pursuing formal legal action, both parties agree to attempt good-faith negotiation for 30–60 days. If unresolved, disputes may be brought in the state or federal courts located in the county of our principal place of business, unless the parties agree to arbitration in that county. (If you prefer a mandatory arbitration clause or other dispute process, consult with us or legal counsel — current Terms leave limited remedies to the parties.)
20. Severability & Entire Agreement
If any provision of these Terms is found unenforceable, the remainder will remain in full force. These Terms, together with any order confirmations or contracts you have with us and our Privacy Policy, constitute the entire agreement between you and us regarding the Site.
21. Contact Information
Questions, notices, or takedown requests may be sent through our Contact Us page or to our business address or phone below:
ARS Landscape Materials & Supply
9470 Indiana Street
Arvada, CO 80007
Phone: (303) 431-4675
Contact page: https://arslandscapematerialsandsupply.com/contact-us/