Terms of Service

01Agreement to these terms

These Terms of Service ("Terms") are an agreement between you and myYardPros LLC, a Virginia limited liability company doing business as myYardPros ("myYardPros," "we," "us" or "our"). They apply to your use of myyardpros.com (the "Site"), our forms, phone, email and text communications, and to estimates and services we provide.

By using the Site, submitting a form, opting in to text messages or accepting an estimate, you agree to these Terms, our Privacy Policy and our Disclaimers. If you do not agree, do not use the Site or our services. You must be at least 18 years old and able to enter into a binding contract.

Your written contract controls. Every project is performed under a written contract or signed estimate (your "Contract"). If anything in these Terms conflicts with your Contract, the Contract governs for that project; these Terms fill in anything the Contract does not address.

02Licensing and the Virginia Contractor Transaction Recovery Fund

myYardPros performs work as a Virginia licensed contractor. Our license number, class and specialties, and our certificate of insurance, are provided with every estimate and stated in every Contract. You can verify any Virginia contractor license through the Department of Professional and Occupational Regulation (DPOR) at dpor.virginia.gov.

Virginia maintains the Virginia Contractor Transaction Recovery Fund, which may compensate homeowners who obtain a court judgment against a regulated residential contractor for improper or dishonest conduct and are unable to collect it. Information is available from the Board for Contractors, Virginia DPOR, 9960 Mayland Drive, Suite 400, Richmond, Virginia 23233, (804) 367-8500.

03Estimates and scope of services

We provide residential services in our Northern Virginia service area, including hardscaping (patios, walkways, retaining walls, driveways and outdoor living features), decks and porches, lawn and landscape installation, drainage and irrigation, and exterior cleaning. We do not perform commercial work, lawn mowing or recurring maintenance plans unless a Contract says otherwise.

• Estimates are based on a site visit, the information you give us and conditions that are visible and reasonably accessible at that time.
• An estimate is valid for the period stated on it, or 30 days if no period is stated, after which pricing and availability may change because of material costs and scheduling.
• Only the work described in the Contract is included. Anything listed as excluded, or not described, is not included.
• Website content, cost guides, calculators and price ranges are general information, not offers or quotes. See our Disclaimers.

04Payment terms

• Schedule: the deposit, progress payments and final payment are stated in your Contract. Deposits secure your place in the schedule and fund materials, including special-order and custom items.
• Final payment is due on substantial completion, meaning the work is complete enough to use for its intended purpose, even if minor punch-list items remain. Punch-list items do not justify withholding more than their reasonable value.
• Methods: as stated in your Contract or invoice. Card payments may be processed by a third-party processor.
• Late payments: amounts not paid when due may bear interest at the rate stated in your Contract or, if none, at the judgment rate of interest in Virginia, until paid. You agree to pay reasonable costs of collection, including reasonable attorney's fees where your Contract or Virginia law allows.
• Suspension: if a payment is more than 10 days late after written notice, we may suspend work until it is paid. The schedule will be extended accordingly.
• Discounts and promotions, including the Heroes Discount, apply only as stated in the offer and your Contract, cannot be combined unless stated, and must be requested before you accept the estimate.

05Change orders

Changes to the scope, materials, price or schedule must be agreed in a written change order before the changed work proceeds. A change order may be signed on paper or approved electronically, including by email or text reply from the contact information on your Contract.

• Requested changes: changes you request will be priced and scheduled in the change order.
• Concealed and unforeseen conditions: if we uncover conditions that were not visible or reasonably discoverable at the site visit (see Section 8), we will stop the affected part of the work, show you what we found and explain your options. Additional work is performed only after you approve a change order.
• Emergencies: if a condition threatens safety or property and you cannot be reached, we may take reasonable temporary steps to protect the site, and will tell you promptly.
• Requirements of others: changes required by a building inspector, HOA or utility after the Contract is signed are handled as change orders.

06Time is of the essence

Time is of the essence for the parties' obligations under the Contract, including your obligations to make payments when due, to provide site access, approvals, selections and HOA or other third-party approvals on time, and our obligation to perform the work diligently within the schedule in the Contract, as adjusted by change orders and the excused delays described in Section 13 (Force majeure).

Start dates and durations depend on the season, weather, ground conditions, permits, HOA approvals and material availability. Your Contract states a realistic schedule and the things that could move it. A delay caused by you, your HOA, your other contractors or the conditions in Section 13 extends the schedule by a reasonable amount and may result in a change order for added costs.

07Permits, HOA approval, utilities and site access

• Permits: we confirm which county or city permits your address requires, prepare applications and schedule inspections for work that needs them, unless your Contract says otherwise. Permit fees are stated in the Contract.
• HOA approval: HOA applications generally must be submitted by the homeowner. We provide the drawings and details review boards usually ask for. You are responsible for obtaining HOA approval before work starts.
• Utilities: before digging we request marking of public underground utilities through Virginia 811, as required by the Virginia Underground Utility Damage Prevention Act. Virginia 811 does not mark private lines such as irrigation pipe, lighting wire, pet fences, gas lines to grills, septic components or wells. You agree to tell us about private lines you know of; we are not responsible for damage to private lines that were not disclosed or marked.
• Property lines: you are responsible for identifying property lines and easements. If boundaries are uncertain, we may require a survey before building near them.
• Access and site conditions: you agree to provide safe access for our crew and equipment, water and electricity as needed, and to keep children and pets away from the work area. Equipment and material access can affect lawns, plantings and soft surfaces along the access route; we take reasonable care and restore access routes as described in the Contract, but normal turf disturbance is not damage.

08Concealed conditions

Some conditions cannot be seen until work begins. These include buried rock, concrete, construction debris, old foundations or footings, stumps and roots, unmarked or private utility lines, poor or unstable soils, high groundwater, rotted or undersized framing, failing ledger boards or flashing behind siding, and defects in prior work by others. Unless your Contract expressly includes them, correcting concealed conditions is not part of the original price. We will handle them through a change order as described in Section 5, and we are not responsible for delays caused by them. See our Disclaimers for more detail.

09Materials, substitutions and natural variation

• Natural stone, pavers, wood and plant materials vary in color, texture, grain and size from samples, photos and brochures. Variation is a characteristic of these materials, not a defect.
• If a specified material is discontinued, back-ordered or unavailable, we may propose a substitute of equal or better quality. Substitutions that change price or appearance require your approval.
• Materials remain our property until paid for in full. Unused materials we purchased for your project may be removed by us unless the Contract says otherwise.

10Warranties

Workmanship warranty. The length and terms of our workmanship warranty are stated in your Contract. If your Contract does not state a workmanship warranty, myYardPros warrants that the workmanship it performs will be free from material defects for one (1) year from substantial completion. To make a claim, contact us in writing within the warranty period. Our obligation is to repair or, at our option, replace defective workmanship.

Manufacturer warranties. Products such as composite decking, pavers, lighting, irrigation controllers and sealers carry their manufacturers' warranties, which we pass through to you. We do not separately warrant manufactured products, and manufacturer warranty claims are subject to the manufacturer's terms.

What the warranty does not cover: damage from misuse, neglect, lack of the care described at walkthrough, or alterations by others; normal wear and weathering; settlement, frost heave, freeze-thaw movement, erosion or flooding beyond reasonable design conditions; efflorescence, minor cracking, checking, warping or color change in natural materials; plant, sod and seed survival, which depends on watering and care after installation unless the Contract states a plant guarantee; results of exterior cleaning on surfaces with pre-existing damage; and acts of nature or other events in Section 13.

The warranties in this section and your Contract are the only warranties we give. To the fullest extent permitted by law, all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, are disclaimed. Some protections cannot be waived under Virginia law, and nothing in these Terms limits them.

11Mechanic's lien rights

Under Virginia's mechanics' lien statutes (Va. Code § 43-1 et seq.), a contractor, subcontractor or supplier who furnishes labor or materials to improve real property and is not paid may have the right to record a memorandum of mechanic's lien against the property. Under Va. Code § 43-4, a memorandum may be recorded at any time after work begins, up to 90 days after the last day of the month in which the lienor last performed work, but no later than 150 days after the project is completed or work otherwise ends. A lien may lead to enforcement proceedings against the property.

myYardPros reserves all of its lien rights. Paying the amounts due under your Contract when due avoids liens; upon final payment we will provide a lien waiver or release on request. Owners of one- or two-family residences may designate a mechanics' lien agent on the building permit under Virginia law.

12Your right to cancel certain home sales

If the sale of our services was solicited and agreed to at your home, the Virginia Home Solicitation Sales Act (Va. Code § 59.1-21.1 et seq.) may give you the right to cancel within three business days after you sign. Where that right applies, your Contract will include the required notice of cancellation and instructions. Work does not begin during the cancellation period unless you request it in writing for a bona fide emergency where permitted by law.

13Force majeure

Neither party is responsible for delay or failure to perform caused by events beyond its reasonable control, including rain, snow, extreme heat or cold, wet or frozen ground, storms, floods, earthquakes and other acts of nature; fire; epidemics; war, terrorism or civil unrest; strikes or labor shortages; supplier delays, shortages or price escalation; utility outages; delays in permits, inspections, HOA approvals or Virginia 811 marking; and orders of any governmental authority. The affected party will notify the other promptly, and the schedule will be extended for the period of the delay. Force majeure does not excuse payment for work already performed or materials already purchased.

14Termination

• Before work starts: you may cancel by written notice (subject to any statutory cancellation right in Section 12). We may keep, from your deposit, the cost of special-order or custom materials already purchased and non-refundable, design or permit work performed, and reasonable administrative costs stated in your Contract, and will refund the balance.
• For cause: either party may terminate the Contract by written notice if the other materially breaches it and does not cure the breach within 10 days after written notice describing it (or begin curing within that time if it cannot reasonably be cured in 10 days).
• Payment on termination: you will pay for work performed and materials ordered through the termination date, plus any amounts in your Contract.
• Sections that by their nature should survive termination, including payment, warranties, lien rights, limitation of liability, indemnification and dispute resolution, survive.

15Text-messaging program terms (SMS / 10DLC)

Program. myYardPros sends text messages from its business phone line. With your consent, you may receive (a) non-marketing messages about responses to support requests, project inquiries, estimate updates, appointment coordination, scheduling follow-ups and communications related to an existing inquiry or project; and/or (b) marketing messages about special offers, discounts, event promotions, service updates and company announcements. These are separate, optional consents.

Consent. You opt in by checking the consent box(es) on our contact form or by otherwise giving us express consent. Consent is not a condition of any purchase. By opting in, you confirm that you are the subscriber or authorized user of the mobile number provided and are at least 18 years old. Marketing messages may be sent using automated technology.

Message frequency varies. Message and data rates may apply, depending on your mobile plan.

Opt out. Reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT) to any message to stop receiving texts. We will send one final message confirming your opt-out and will not text you again unless you opt back in. You may also opt out by emailing [email protected] or calling (571) 200-9600.

Help. Reply HELP to any message for help, or contact us at [email protected] or (571) 200-9600.

Carrier disclaimer. Mobile carriers are not liable for delayed or undelivered messages. Delivery is subject to your carrier's network and coverage.

Data use and privacy. We use your mobile number and messaging data only to provide this program and as described in our Privacy Policy. Mobile numbers and text-messaging opt-in data and consent are not shared with third parties or affiliates for marketing or promotional purposes.

We may change or end the program at any time. These program terms are in addition to the rest of these Terms.

16Use of the website

• License: we grant you a limited, revocable, non-exclusive license to view and use the Site for personal, non-commercial purposes, such as learning about our services and contacting us.
• Prohibited uses: you may not submit false information or information about another person without permission, send spam or automated submissions, attempt to bypass security or rate limits, scrape or copy content in bulk, upload malicious files, or use the Site in violation of law.
• Intellectual property: the Site's text, photos, video, graphics, logos and design are owned by or licensed to myYardPros and are protected by copyright and trademark law. You may not reproduce them without our written permission.
• Content you send us: you keep ownership of photos and information you submit. You grant us a non-exclusive, royalty-free license to use them to evaluate, estimate, perform and document your project. We will not use your uploaded photos in marketing without your permission. You confirm you have the right to share what you submit.
• Reviews: if you post a review or testimonial, you allow us to display it, with your first name and town, on the Site and in our marketing.

17Limitation of liability and indemnification

Our Disclaimers page contains the limitation of liability, indemnification, concealed-condition and third-party product provisions that apply to the Site and our services. They are part of these Terms.

18Dispute resolution, binding arbitration and venue

Talk to us first. Most concerns are resolved quickly. Before starting any claim, you and we agree to send the other a written description of the dispute and to try in good faith to resolve it for 30 days.

Binding arbitration. Any dispute, claim or controversy arising out of or relating to the Site, these Terms, any estimate, Contract or the services (a "Dispute") that is not resolved informally will be resolved by binding arbitration under the Federal Arbitration Act and the Virginia Uniform Arbitration Act (Va. Code § 8.01-581.01 et seq.), administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules for consumer Disputes, or its Construction Industry Arbitration Rules where those rules apply. The arbitrator may award any relief available in court for an individual claim. Judgment on the award may be entered in any court with jurisdiction. Fees will be allocated as provided by the applicable AAA rules.

Venue. The arbitration will take place in Loudoun County, Virginia, unless the parties agree otherwise or the arbitrator permits a remote hearing.

Exceptions. Either party may (a) bring an individual claim in the small claims division of the General District Court for Loudoun County, Virginia, if it qualifies; (b) seek temporary injunctive relief in court to prevent irreparable harm; and (c) record, perfect and enforce mechanic's lien rights in court as required by Virginia law, which does not waive this arbitration agreement for any other claim.

Class action and jury waiver. Disputes will be resolved only on an individual basis. Neither party may bring or participate in a class, collective or representative action. You and we each waive the right to a jury trial for any Dispute, to the extent permitted by law.

Opt out. You may opt out of this arbitration agreement by emailing [email protected] with "Arbitration Opt-Out" and your name, address and phone number within 30 days after you first accept these Terms or sign a Contract, whichever is earlier.

Governing law and courts. These Terms and any Contract are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules. Any Dispute not subject to arbitration will be brought exclusively in the state courts located in Loudoun County, Virginia, or the United States District Court for the Eastern District of Virginia, and both parties consent to their jurisdiction.

19General terms

• Changes: we may update these Terms by posting a new version with a new "Last updated" date. Changes do not alter a signed Contract.
• Severability: if any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest remains in effect.
• No waiver: failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms or a Contract without our written consent. We may use qualified subcontractors and remain responsible for their work.
• Entire agreement: these Terms, our Privacy Policy, our Disclaimers and any Contract are the entire agreement on their subject.
• Notices: notices to us must be in writing to [email protected] or by mail to the address in your Contract.

Questions about these Terms? Contact myYardPros LLC (d/b/a myYardPros), Sterling, Virginia 20166, at [email protected] or (571) 200-9600.