Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using this Website in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and New Brunswick Landscaping, a division of Justyn Rook Contracting, a sole proprietorship operated by Justyn Rook ("we," "us," "our," or "the Company").

IMPORTANT: New Brunswick Landscaping and Justyn Rook Contracting are sole proprietorships operated by Justyn Rook. All references to "the Company," "we," "us," or "our" include Justyn Rook as an individual. All liability protections, indemnification provisions, disclaimers, and limitations in these Terms apply equally to and protect Justyn Rook personally, in his individual capacity, and all personal assets.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Website after any changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

These Terms apply to all visitors, users, and others who access or use the Website.

2. Eligibility and Age Requirements

By using this Website, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• Your use of this Website does not violate any applicable law or regulation
• You are not prohibited from using this Website under the laws of Canada or your jurisdiction

If you are using this Website on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

3. Nature of Services and Content

3.1 Informational Purposes Only

ALL CONTENT ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Nothing on this Website constitutes, or is intended to constitute:

• Professional construction, renovation, or contracting advice
• Engineering, architectural, or structural advice
• Legal, financial, tax, or accounting advice
• Medical, health, or safety advice
• A substitute for consultation with licensed professionals
• An offer to provide services in any jurisdiction where we are not licensed
• A guarantee or warranty of any kind
• An endorsement of any product, service, contractor, or business

3.2 No Professional-Client Relationship

Use of this Website does not create any professional-client, contractor-client, fiduciary, or advisory relationship between you and New Brunswick Landscaping or Justyn Rook Contracting. No such relationship exists unless and until a written contract is signed by both parties for specific services.

3.3 Verify All Information Independently

YOU MUST INDEPENDENTLY VERIFY ALL INFORMATION before relying on it for any purpose. Building codes, permit requirements, regulations, costs, and best practices:

• Vary significantly by location, municipality, and jurisdiction
• Change frequently without notice
• May be outdated by the time you read them
• May be incomplete or contain errors
• May not apply to your specific situation or property

Always consult with qualified professionals including:

• Licensed contractors in your specific area
• Local building departments and permit offices in your municipality
• Licensed engineers or architects for structural matters
• Licensed landscapers and horticulturists for all landscaping work
• Your municipal planning office for bylaws affecting landscaping projects
• WorkSafeNB for workplace safety compliance
• Qualified legal and financial professionals

3.4 Estimate Calculator Disclaimer

Any cost estimates, quotes, or pricing information provided through our estimate calculators, tools, or website content are:

• Rough approximations only - not actual quotes or binding offers
• Based on generic assumptions that may not apply to your specific landscaping project
• Subject to significant variation based on actual site conditions, soil type, terrain, and other factors
• Potentially outdated due to material cost fluctuations
• Not inclusive of all potential costs, permits, inspection requirements, or complications

Actual landscaping project costs may be significantly higher or lower than any estimate provided. Landscaping projects can encounter unforeseen issues such as poor soil conditions, drainage problems, underground utilities, root systems, or other conditions that significantly impact cost.

4. Landscape IQ (AI-Generated Content)

4.1 Understanding AI Limitations

Landscape IQ and any other AI-powered features on this Website use large language models and artificial intelligence systems. YOU MUST UNDERSTAND THAT:

• AI systems can generate plausible-sounding but completely false information ("hallucinations")
• AI cannot verify facts, check current regulations, or access real-time data
• AI responses are based on training data that may be outdated or incorrect
• AI cannot account for local variations, site-specific conditions, or recent code changes
• AI may confidently state incorrect information without indicating uncertainty
• AI cannot inspect your property, assess your specific situation, or provide personalized professional advice

4.2 No Guarantee of Accuracy

WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER regarding the accuracy, completeness, reliability, suitability, timeliness, or availability of any AI-generated content. Specifically:

• Landscaping project costs, timelines, and estimates may be completely wrong
• Permit requirements for landscaping work may be outdated or incorrect for your jurisdiction
• Building code and bylaw references may be inaccurate
• Safety information about landscaping hazards may be incomplete or dangerous
• Legal information may be incorrect or inapplicable
• Technical advice about plantings, hardscaping, or installations may be flawed

4.3 Not Professional Advice

AI-GENERATED CONTENT IS ABSOLUTELY NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. You must:

• Consult licensed landscapers for any landscaping project decisions
• Verify ALL permit and bylaw requirements with your local municipality
• Have ALL landscaping work reviewed by qualified professionals
• Ensure all work is performed by experienced, insured landscapers
• Consult licensed engineers for any structural or grading concerns
• Have your property inspected for hazards by qualified professionals
• Obtain multiple quotes from licensed, insured landscapers

4.4 AI Training and Data Use

By using Landscape IQ or submitting any content to this Website:

• Your inputs may be used to improve AI systems and services
• Your questions and interactions may be logged, analyzed, and stored
• We may use aggregated, anonymized data for any purpose
• Third-party AI providers may process your inputs according to their own terms

Do not submit confidential, proprietary, sensitive, or personally identifying information to Landscape IQ.

4.5 User-Generated Questions

Questions submitted to Landscape IQ may be published publicly on this Website. By submitting a question, you:

• Grant us a perpetual, irrevocable, worldwide, royalty-free license to use, publish, modify, adapt, translate, and distribute your submission in any media
• Represent that your question does not infringe any third-party rights
• Represent that your question does not contain illegal, defamatory, or harmful content
• Accept that we have no obligation to publish, answer, respond to, or acknowledge any question
• Waive any moral rights in your submission

4.6 Assumption of Risk for AI Content

BY USING LANDSCAPE IQ OR ANY AI FEATURES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You use AI-generated content entirely at your own risk
• You will not rely on AI content for any decision without independent professional verification
• We bear absolutely no responsibility for any actions you take based on AI content
• Any reliance on AI content is at your sole risk and discretion
• You release us from any and all claims arising from AI-generated content
• You will indemnify us for any claims arising from your use of or reliance on AI content

5. Data Scraping, Automated Access, and Prohibited Uses

5.1 Prohibited Activities

YOU MAY NOT, AND AGREE NOT TO:

• Use any robot, spider, scraper, crawler, or other automated means to access this Website
• Scrape, harvest, collect, or compile data from this Website for any purpose
• Copy, reproduce, or duplicate any content from this Website
• Use data mining, data extraction, or data gathering tools on this Website
• Circumvent, disable, or interfere with security features of this Website
• Attempt to gain unauthorized access to any part of this Website or its systems
• Use this Website to transmit viruses, malware, or harmful code
• Interfere with or disrupt the integrity or performance of this Website
• Attempt to decipher, decompile, disassemble, or reverse engineer any software
• Use this Website for any illegal, fraudulent, or unauthorized purpose
• Impersonate any person or entity or misrepresent your affiliation
• Use this Website to harass, abuse, stalk, threaten, or defame any person
• Collect or store personal information about other users
• Use this Website for commercial purposes without our written consent
• Create derivative works based on this Website or its content
• Frame, mirror, or link to this Website without permission
• Use this Website to send spam, chain letters, or unsolicited communications
• Use AI, machine learning, or automated tools to generate content submitted to this Website

5.2 AI Training Prohibition

Without our express written consent, you may not use any content from this Website to:

• Train artificial intelligence or machine learning models
• Build or improve chatbots, language models, or AI systems
• Create datasets for AI training or development
• Feed into any automated content generation system

We reserve all rights to our content and expressly prohibit its use for AI training without a license agreement.

5.3 Rate Limiting and Access Controls

We may implement rate limiting, CAPTCHAs, or other access controls. Attempting to circumvent these controls is prohibited. We reserve the right to block any IP address, user, or access pattern that we believe violates these Terms.

5.4 Enforcement

Violation of these prohibitions may result in:

• Immediate termination of your access to this Website
• Legal action seeking injunctive relief and damages
• Criminal referral where applicable
• Reporting to relevant authorities and industry organizations

6. User Conduct and Content

6.1 User Responsibilities

You are solely responsible for your conduct on this Website and any content you submit. You agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of any account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

6.2 Content Standards

Any content you submit to this Website must not:

• Be false, misleading, defamatory, or fraudulent
• Infringe any patent, trademark, copyright, or other intellectual property rights
• Violate any privacy rights or data protection laws
• Contain illegal content or promote illegal activities
• Contain viruses, malware, or harmful code
• Harass, threaten, or discriminate against any person
• Contain hate speech, obscenity, or objectionable content
• Advertise or promote third-party products or services without permission

6.3 Removal of Content

We reserve the right to remove any content at any time, for any reason, without notice. We have no obligation to monitor, review, or edit user content, but may do so at our discretion.

7. Limitation of Liability

7.1 Comprehensive Disclaimer of Warranties

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, FEATURES, TOOLS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability
• Implied warranties of fitness for a particular purpose
• Implied warranties of non-infringement
• Warranties of title
• Warranties of accuracy, reliability, completeness, or timeliness of content
• Warranties that the Website will be uninterrupted, timely, secure, or error-free
• Warranties that defects will be corrected
• Warranties that the Website is free of viruses or harmful components
• Warranties regarding the results obtained from use of this Website
• Warranties regarding any products or services purchased through this Website
• Any warranties arising from course of dealing or usage of trade

7.2 Comprehensive Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW BRUNSWICK LANDSCAPING, JUSTYN ROOK CONTRACTING, JUSTYN ROOK (INDIVIDUALLY), OR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, INTERNS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY:

• Direct, indirect, incidental, special, consequential, punitive, or exemplary damages
• Lost profits, lost revenue, lost savings, or lost business opportunities
• Loss of data, goodwill, use, or other intangible losses
• Personal injury, bodily harm, or death
• Property damage of any kind
• Damages arising from your use of or inability to use this Website
• Damages arising from any content obtained through this Website
• Damages arising from unauthorized access to your data or transmissions
• Damages arising from the conduct of any third party
• Damages arising from any AI-generated content or advice
• Damages arising from any contractor or subcontractor
• Damages arising from reliance on estimates, quotes, or pricing information
• Damages arising from errors, omissions, or inaccuracies in content
• Damages arising from service interruptions or Website unavailability
• Damages arising from viruses, malware, or security breaches
• Any other damages of any kind, however arising

This limitation applies regardless of:

• The theory of liability (contract, tort, negligence, strict liability, warranty, or otherwise)
• Whether we were advised of the possibility of such damages
• Whether such damages were foreseeable
• Whether any limited remedy fails of its essential purpose

7.3 Maximum Aggregate Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE EXCEED THE GREATER OF:

• The total amount you actually paid to us (if any) in the twelve (12) months immediately preceding the event giving rise to the claim, or
• One hundred Canadian dollars (CAD $100.00)

7.4 Specific Landscaping and Construction Disclaimers

WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR:

• Any property damage, flooding, or drainage issues
• Any damage caused by improper grading, plantings, or installations
• Any issues with hardscaping, retaining walls, or landscape structures
• Any hazardous materials, contaminated soil, or environmental issues discovered during work
• Any failure to meet local bylaws, zoning, or municipal requirements
• Any contractor's failure to obtain proper permits, licenses, or inspections
• Any violation of municipal bylaws or other regulations
• Any construction liens filed against your property
• Any failure to comply with the Mechanics' Lien Act (NB) holdback requirements
• Any injury, death, or property damage caused by landscaping work
• Any defective workmanship, materials, or installation methods
• Any project delays, cost overruns, or contractor abandonment
• Any plant failure, disease, or loss after installation
• Any WorkSafeNB claims or workplace injuries

7.5 Essential Basis of Agreement

You acknowledge that we have set our prices and entered into this agreement in reliance upon the limitations of liability and disclaimers of warranties set forth herein. These limitations form an essential basis of the bargain between us. We would not be able to provide this Website or its services without these limitations.

7.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for fraud, death, or personal injury caused by our gross negligence to the extent such exclusion or limitation is prohibited by law.

8. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPLETELY HARMLESS New Brunswick Landscaping, Justyn Rook Contracting, Justyn Rook (individually), and all of their respective owners, officers, directors, employees, agents, licensors, suppliers, service providers, contractors, and any third-party information providers (collectively, the "Indemnified Parties") from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including but not limited to reasonable attorneys' fees, court costs, and settlement amounts) arising out of or relating to:

• Your access to or use of this Website
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Your reliance on any content, information, or services obtained through this Website
• Any content you submit, post, or transmit through this Website
• Any claim that your content infringes any third-party rights
• Any decision or action you take based on Landscape IQ or AI-generated content
• Any landscaping work, construction project, or work performed as a result of using this Website
• Any claims by contractors, subcontractors, or suppliers related to your project

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent.

This indemnification obligation shall survive the termination of these Terms and your use of this Website.

9. Release of Claims

YOU HEREBY RELEASE AND FOREVER DISCHARGE the Indemnified Parties from any and all claims, demands, damages, actions, causes of action, suits, costs, expenses, and liabilities of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with:

• Your use of this Website or any services provided through it
• Any reliance on AI-generated content, estimates, or information from this Website
• Any landscaping work, construction, or repair work
• Any interactions with contractors or subcontractors

You expressly waive any benefits of any law that would otherwise limit the scope of this release to claims you actually know about at the time of execution.

10. Third-Party Content, Links, and Services

This Website may contain links to third-party websites, advertisements, products, services, or content not owned or controlled by us. We have no control over, and assume no responsibility for:

• The content, accuracy, or opinions expressed on third-party websites
• The privacy policies, terms of service, or practices of third parties
• Any products or services offered by third parties
• Any transactions between you and third parties
• Any claims, damages, or losses caused by third parties

The inclusion of any link does not imply endorsement, affiliation, or sponsorship. Your interactions with third parties are solely between you and such third parties. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit.

11. Intellectual Property

11.1 Our Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, icons, images, audio, video, software, and compilations, is the property of New Brunswick Landscaping / Justyn Rook Contracting or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

11.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use this Website for personal, non-commercial purposes only. This license does not include the right to:

• Modify, copy, distribute, or create derivative works
• Use for commercial purposes without written permission
• Remove any copyright or proprietary notices
• Transfer or sublicense to any third party

11.3 Trademarks

"New Brunswick Landscaping," "Justyn Rook Contracting," "Landscape IQ," and related logos and marks are trademarks of Justyn Rook Contracting. You may not use these marks without our prior written consent.

12. Governing Law and Jurisdiction

These Terms and any dispute arising from your use of this Website shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without regard to conflict of law principles.

You irrevocably and unconditionally:

• Submit to the exclusive jurisdiction of the courts of the Province of New Brunswick, Canada
• Waive any objection to venue in such courts
• Waive any objection based on inconvenient forum
• Consent to service of process by any means permitted by law

13. Dispute Resolution and Class Action Waiver

13.1 Informal Resolution

Before initiating any legal proceeding, you agree to first contact us and attempt to resolve any dispute informally for a period of at least thirty (30) days.

13.2 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT:

• Any dispute resolution proceedings will be conducted only on an individual basis
• You will not participate in any class, collective, consolidated, or representative action
• You waive any right to participate in a class action lawsuit or class-wide arbitration
• You waive any right to act as a private attorney general or in any representative capacity

13.3 Time Limitation on Claims

ANY CLAIM OR CAUSE OF ACTION ARISING FROM YOUR USE OF THIS WEBSITE MUST BE FILED WITHIN ONE (1) YEAR after such claim or cause of action arose, or be forever barred, regardless of any statute or law to the contrary.

14. Termination

We may terminate or suspend your access to this Website immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination:

• Your right to use this Website will immediately cease
• All provisions of these Terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions

15. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, or failures of third-party telecommunications or internet service providers.

16. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, shall be severed from these Terms.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on this Website, constitute the entire agreement between you and New Brunswick Landscaping / Justyn Rook Contracting regarding your use of this Website. These Terms supersede all prior agreements, understandings, representations, and communications, whether written or oral.

19. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative.

20. Contact Information

For questions about these Terms of Service, please contact us through our contact page.