Terms and Conditions

1. About Us

Apple Valley Landscaping LLC is a licensed and insured landscaping and property maintenance company based in Winchester, Virginia. We serve Winchester, Frederick County, Clarke County, and surrounding areas in the Shenandoah Valley region.

• Phone: (540) 551-7671
• Email: info@applevalleylandscapes.com
• Hours: Mon–Fri 7:00 AM – 6:00 PM | Sat 7:00 AM – 2:00 PM | Sun Closed

2. Services

Lawn & Garden Care

• Lawn mowing, edging, and maintenance
• Premium mulching and bed edging
• Core aeration and overseeding
• Planting — trees, shrubs, annuals, and perennials
• Organic bug and animal prevention through strategic deterrent plantings
• Drainage solutions and French drains
• Seasonal cleanups and leaf removal

Tree & Shrub Services

• Trimming, pruning, and hedge shaping
• Small tree and brush removal (up to approximately 15 feet)
• Stump grinding and removal

Hardscaping

• Retaining walls, patios, walkways, and related stonework

Exterior Home Cleaning

• High-pressure power washing and soft-wash cleaning
• Gutter cleaning and downspout flushing
• Exterior window cleaning

Junk Removal & Hauling

• Residential and commercial junk removal
• Yard waste and brush hauling
• Light construction debris removal
• Firewood hauling

Service Limitations

We specialize in residential-scale and light commercial work. We do not: perform large-scale tree work (climbing, rigging, or work near power lines); provide arborist-level diagnostics; apply pesticides, herbicides, or chemical fertilizers; handle hazardous materials; or guarantee work above approximately 15 feet. We will honestly inform you if a job exceeds our capabilities and recommend a qualified specialist.

3. Estimates, Pricing, and Change Orders

• Free estimates: All estimates are provided free of charge and carry no obligation
• Online estimates: Our map-based tool provides instant price estimates for mowing based on traced area. These are approximate starting points and may be adjusted after on-site evaluation
• Pricing accuracy: Advertised prices represent base rates for standard properties. Actual pricing may vary based on property size, terrain, accessibility, and scope
• Material costs: For projects requiring significant materials (mulch, stone, plants, hardscaping supplies), material costs must be paid in advance. Labor is billed upon satisfactory completion
• Change orders: Any modifications to the agreed-upon scope — including materials, design, cost, or schedule — must be documented in writing via a formal Change Order before altered work begins. No verbal changes are binding

4. Concealed Site Conditions

All estimates are based on visual surface inspections. You acknowledge that estimates are subject to additional charges for concealed or unforeseen conditions discovered during excavation or service, including:

• Subterranean rock, boulders, or buried concrete/debris
• Contaminated, compacted, or degraded soil
• Unrecorded private utility lines
• Adverse water table or drainage conditions
• Pre-existing structural defects not visible during initial assessment

We reserve the right to pause work upon discovering a concealed condition. Work will not resume until a Change Order is approved in writing.

5. Payment Terms

• Payment processing: All payments are processed securely through Stripe. By making a payment, you agree to Stripe's Terms of Service and Privacy Policy
• Accepted methods: Major credit and debit cards through Stripe
• Recurring billing: For subscription services (Weekly or Bi-Weekly plans), you authorize recurring charges. Your subscription continues indefinitely until you cancel. If the amount changes, we will provide advance written notice
• Cancellation: Cancel by phone (540) 551-7671 or email at least 48 hours before your next scheduled service
• Auto-Pay discount: Customers on Auto-Pay receive a 10% discount. Requires active enrollment and active subscription
• Refunds: Prepaid services (Season Pass) are prorated based on services rendered. No refunds for completed services

6. Neighbor Referral Program

• Referrer: $5 off every visit per referred neighbor who signs up, stackable up to $25 off (5 referrals max)
• Referee: $5 off their first service visit
• Eligibility: Referrer must have active subscription + Auto-Pay enrollment
• Modifications: We may modify, suspend, or discontinue the program with reasonable notice

7. Property Access, Site Readiness, and Client Responsibilities

a) Site Clearance

Work areas must be cleared of obstructions including vehicles, furniture, hoses, toys, and personal items. We are not liable for damage to items left in work areas, nor for collateral damage from hidden debris, except in cases of gross negligence.

b) Pet Waste

You are responsible for removing all pet waste before crew arrival. Pet waste presents health hazards and damages equipment. If the site is uncleared, we may assess a $20.00 minimum cleanup surcharge or leave the property and charge the full service rate as a "No-Show."

c) Property Boundaries and Timber Trespass

You warrant that you are the legal owner (or authorized representative) and bear full responsibility for accurately identifying property boundaries. If you authorize work near a property line that results in a boundary dispute or encroachment claim, you agree to fully indemnify, defend, and hold us harmless from any claims, litigation, or damages — including statutory penalties under Virginia Code § 55.1-2835.

d) Underground Utilities

For work involving excavation, digging, or stump grinding, we will contact Virginia 811 (Miss Utility) to mark public utilities per the Virginia Underground Utility Damage Prevention Act (Code § 56-265.14). We observe the two-foot tolerance zone and use non-destructive methods within it.

8. Warranties and Limitations

a) Express Plant Warranty

We provide a limited ninety (90) day survivability warranty on newly installed woody plants, trees, and shrubs, strictly contingent upon you following the watering and maintenance instructions we provide. This warranty does not cover: sod, grass seed, annuals, seasonal flowers, or damage from severe weather, drought, pests, animal damage, or neglect.

b) Hardscaping Warranty

Hardscaping installations carry a limited one (1) year warranty on structural integrity and workmanship. This does not cover: cosmetic changes from natural weathering, frost heave, settling, damage from vehicles, unauthorized modifications, or normal wear.

c) Disclaimer of Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY THE VIRGINIA UNIFORM COMMERCIAL CODE (§ 8.2-316), ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ALL LIVING MATERIALS ARE PROVIDED "AS IS" EXCEPT AS EXPRESSLY WARRANTED ABOVE.

d) Online Estimate Disclaimer

Online pricing estimates from our map tool are interactive tools for convenience only and are not binding quotes, proposals, or contracts. Final pricing is confirmed only after assessment by Apple Valley staff.

9. AI-Powered Phone Assistant

Our phone line at (540) 551-7671 uses an AI-powered assistant available 24/7. By calling:

• You are interacting with an artificial intelligence system, not a human
• Calls may be recorded and transcribed
• Voice data may be processed by ElevenLabs and their third-party providers
• The AI can answer questions, collect contact info, send follow-up emails, and schedule appointments — but cannot enter binding contracts, guarantee pricing, or waive any terms
• If you've contacted us before, the AI may access your name and prior service details
• You may request a human representative at any time

10. Limitation of Liability

To the maximum extent permitted by Virginia law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total aggregate liability shall not exceed the total amount paid to us in the 12 months preceding the claim
• We are not liable for damages from your failure to clear work areas, identify boundaries, or disclose private utilities

Force Majeure: We are not in breach for delays caused by events beyond reasonable control, including severe weather, natural disasters, adverse soil conditions, supply chain disruptions, equipment failures, labor shortages, pandemics, or government actions. Such events do not constitute project abandonment.

11. Cancellation Rights for In-Home Sales

12. Debris Removal and Disposal

• Included: Routine removal of natural debris generated by the service being performed (clippings, trimmings, leaves)
• Not included: Disposal of pre-existing waste, excessive loads, man-made trash, or construction debris — unless specifically contracted as Junk Removal
• Additional fees: Debris requiring county disposal facilities may incur tipping fee surcharges, disclosed in advance

13. Intellectual Property

All content on this website — including text, graphics, logos, images, icons, code, and design — is the property of Apple Valley Landscaping LLC or its licensors and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without prior written permission.

14. User-Submitted Content

By submitting content (estimate requests, photos, messages), you grant us a license to use, store, and process it for our services. You represent that you have the right to submit the content. Uploaded photos are stored in cloud infrastructure and may be retained for the business relationship plus a reasonable period. We will not publicly share your property photos without consent.

15. Third-Party Links

Our website may link to third-party sites including Facebook, Instagram, Nextdoor, and our Google Business Profile. We are not responsible for external content, privacy practices, or availability. Your use of third-party sites is at your own risk.

16. Indemnification

You agree to indemnify, defend, and hold harmless Apple Valley Landscaping LLC, its owner, employees, agents, and subcontractors from claims, liabilities, damages, losses, costs, or expenses arising from: your use of the website or services; violation of these Terms; violation of any law or third-party rights; or inaccurate representations regarding property ownership, boundaries, or private utilities.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Virginia. Legal proceedings shall be instituted exclusively in the courts of Frederick County, Virginia, or the United States District Court for the Western District of Virginia, and you consent to personal jurisdiction of such courts.

18. Severability

If any provision is found invalid or unenforceable, all remaining provisions continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any individual service proposals or Change Orders, constitute the entire agreement between you and Apple Valley Landscaping LLC regarding the use of this website and our services.

20. Changes to These Terms

We reserve the right to update these Terms at any time. Changes are effective immediately upon posting with an updated "Effective Date." Continued use constitutes acceptance.