Terms of Service
Effective April 22, 2026
These Terms of Service (“Terms”) form a binding agreement between you and DD Services LLC, doing business as The Landscape Supply (“The Landscape Supply,” “we,” “us,” or “our”), and govern your access to and use of our website, mobile applications, and related services (collectively, the “Service”). By creating an account, clicking “I agree,” or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate, current, and complete information when creating your account and to keep that information up to date. You are responsible for all activity under your account and for maintaining the confidentiality of your login credentials. We may refuse, suspend, or terminate any account at our sole discretion.
2. The Service; Marketplace Role
The Service is an online marketplace that enables landscape-supply yards (“Yards”) to post requests for aggregate or landscape rock, independent truckers (“Drivers”) to bid on and fulfill those requests, and both parties to coordinate pickups from third-party quarries or material suppliers. In operating the Service, The Landscape Supply is a technology platform only. We are not a party to any transaction, contract, or arrangement between Yards, Drivers, quarries, or any other third party. We do not own, sell, transport, store, weigh, inspect, or deliver any rock, aggregate, sand, fill, or other material listed on the Service by other users. We do not employ Drivers, and Drivers are not our agents, partners, joint venturers, subcontractors, or employees, and are not operating under our MC/DOT authority, insurance, or business license. The Landscape Supply also operates a separate rock-delivery business that may, at its option, post loads or haul loads on the Service as an ordinary user account. When it does so, it participates on the same terms as any other user, and that activity is separate and distinct from its role as operator of the Service. Any transaction between a user and that account is with The Landscape Supply's separate delivery business, not with The Landscape Supply in its capacity as operator of the Service.
3. No Endorsement; No Guarantee
We do not verify, endorse, or guarantee the identity, licensure, insurance, qualifications, equipment, pricing, availability, safety, performance, material quality, weight, count, or conduct of any Yard, Driver, quarry, or other user. Any information displayed in the Service — including product photos, descriptions, quarry addresses, phone numbers, bids, ratings, prices, and estimated times — is provided by users or third parties and may be inaccurate, outdated, or incomplete. You transact with others at your own risk.
4. Pricing, Payment, and Taxes (Loads)
Except as set forth in Sections 4A and 4B, all pricing, bidding, payment, invoicing, collection, refunds, chargebacks, and settlement of funds for material and trucking are the sole responsibility of the Yard, Driver, and quarry involved. We are not a payment processor, escrow agent, broker, or financial institution and do not hold funds on behalf of any user. Each user is solely responsible for determining, reporting, and paying all taxes (including sales, use, franchise, fuel, and income taxes) arising from any transaction facilitated through the Service. Payments from Yards to quarries for material are made directly between the Yard and the quarry and do not pass through the Service.
4A. Subscription Fees
Access to the Service requires a monthly subscription at the rates listed on our Pricing page. Subscriptions auto-renew monthly until cancelled via the Stripe-hosted Customer Portal. You may cancel at any time; cancellation ends access at the end of the current paid period, and partial months are not refunded. We may change subscription rates at any time upon not less than thirty (30) days' written notice (by email or in-product notice). Failure to pay subscription fees (including after Stripe's smart-retry window) may result in suspension or termination of your account. Subscription prices are exclusive of sales tax; Stripe Tax calculates and, where applicable, collects state sales tax at checkout.
4B. Optional Platform Payments for Loads
Yards may optionally elect, at order posting, to pay a Driver for a given Load through the Service using Stripe Connect. Off-platform settlement between Yards and Drivers (by check, ACH, or any other method the parties choose) remains fully permitted and is the default. When a Yard elects platform payment, the Driver is the merchant of record for that transaction and Stripe Connect routes funds to the Driver's Connect account on Stripe's standard payout schedule; the Yard is charged on the scheduled date (at delivery, or seven or thirty days thereafter, as the Yard selected when posting the order). The Landscape Supply charges a platform fee equal to the percentage listed on our Pricing page (currently five percent (5%)) of the Load total, applied only to platform-paid Loads. No platform fee applies to off-platform settlement. The Landscape Supply does not custody user funds at any point; the platform fee is collected directly by Stripe as an application fee. Chargebacks, refunds, and disputes on platform-paid Loads are governed by Stripe's terms and flow against the Driver's Connect account. If a scheduled payment fails after Stripe's retry window, the Load will be marked unpaid on the Service and the Yard may be suspended from posting new Loads until the matter is resolved; collection of the unpaid amount thereafter is between the Yard and the Driver. Drivers should retain proof of delivery (such as the scale ticket and drop-site photograph uploaded to the Service) in case of a chargeback or payment dispute. Under Stripe's Connect terms, chargeback amounts are pulled from the Driver's Connect balance after delivery. Retaining delivery evidence is the Driver's best protection.
5. Driver Independence
Drivers are independent contractors operating their own businesses. Drivers are solely responsible for their vehicles, equipment, fuel, maintenance, insurance (including commercial auto and cargo), DOT/MC authority, CDL licensure, IFTA, hours-of-service compliance, weight tickets, permits, overweight/overwidth loads, and all other federal, state, and local legal requirements applicable to motor carriers. The Landscape Supply does not control, supervise, or direct the manner or means by which any Driver performs any haul. We may suspend or terminate a Driver account for suspected violation of these Terms, suspected fraud, safety concerns, or repeated documented complaints from Yards. We do not penalize Drivers for declining to bid on or accept any particular Load. Drivers may bid on, accept, or decline any Load for any reason or no reason, and may use any other platform, service, or method to find work outside the Service. Drivers are required to represent and warrant that they maintain commercial auto liability and cargo insurance at or above the minimum coverage amounts posted in the account setup flow, and to upload a current Certificate of Insurance. Drivers may not bid on or accept Loads if their insurance has expired or is not on file. The Landscape Supply does not verify the accuracy of insurance representations made by Drivers.
6. Quarries and Third-Party Locations
Quarry and pickup information shown in the Service is provided for convenience only. We do not operate, control, or partner with quarries or third-party suppliers. Hours of operation, availability of material, price per ton, loading times, scale tickets, safety rules, and access requirements are set entirely by those third parties. You agree to follow all on-site rules, safety protocols, and instructions when visiting any third-party location.
7. User Conduct
You agree not to: (a) violate any law, regulation, or third-party right; (b) submit false, misleading, fraudulent, or defamatory content; (c) harass, threaten, or discriminate against any other user; (d) circumvent, disable, or interfere with any security, access-control, or rate-limiting feature; (e) scrape, reverse-engineer, or make derivative works of the Service; (f) use the Service to solicit business outside the Service once introduced through it; (g) impersonate any person or entity; (h) upload malware or harmful code; or (i) use the Service for any purpose other than its intended use. We may remove content, suspend access, or terminate accounts for any suspected violation.
8. User Content; License to The Landscape Supply
You retain ownership of content you submit to the Service (including photos of tickets, loads, drop sites, chat messages, and ratings, collectively “User Content”). You grant The Landscape Supply a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, display, distribute, and use User Content to operate, promote, and improve the Service, including for dispute resolution, safety review, and internal analytics. You represent that you have all rights necessary to grant this license and that your User Content does not violate any third-party right.
9. Ratings and Feedback
Ratings, reviews, and comments submitted by users are the opinions of those users and not of The Landscape Supply. We do not endorse any rating. We may, but are not required to, review, edit, hide, or remove any rating that we believe violates these Terms or applicable law. You agree not to submit false or retaliatory ratings.
10. Communications Consent
By providing a phone number or email address, you consent to receive transactional, operational, and service-related communications from The Landscape Supply and from other users through the Service (including bid alerts, order status, chat messages, and delivery confirmations) by SMS, push notification, and email. Standard message and data rates may apply. You may opt out of non-essential marketing messages at any time by replying STOP or using the unsubscribe link; opting out of transactional messages may limit your ability to use the Service.
11. Disputes Between Users
Any dispute, claim, or disagreement between users — including disputes over material quality, short tons, damaged loads, late delivery, no-shows, scale tickets, payment, or site damage — is solely between those users. The Landscape Supply has no obligation to mediate, investigate, arbitrate, refund, or resolve user-to-user disputes, but may do so at our discretion. You release The Landscape Supply from any claim arising from or related to any user-to-user dispute.
12. Intellectual Property
The Service, including its software, design, trademarks, logos, and content (excluding User Content), is owned by The Landscape Supply or its licensors and is protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.
13. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECT WILL BE CORRECTED. WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO ANY TRANSACTION, DELIVERY, MATERIAL, VEHICLE, INJURY, OR PROPERTY DAMAGE INVOLVING ANY USER OR THIRD PARTY.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LANDSCAPE SUPPLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID TO THE LANDSCAPE SUPPLY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU. You acknowledge the Service is in a beta period; you assume the risks of reliability interruptions, feature changes, and data loss during beta.
15. Indemnification
You agree to defend, indemnify, and hold harmless The Landscape Supply and its officers, directors, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your breach of these Terms; (d) your violation of any law or third-party right; (e) any transaction or dispute between you and another user or a quarry; or (f) any bodily injury, death, or property damage caused by you or your equipment, vehicles, or employees.
16. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including suspected violation of these Terms. You may stop using the Service at any time. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, and dispute-resolution provisions.
17. Governing Law; Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 18, the exclusive venue for any dispute not subject to arbitration is the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction there.
18. Arbitration; Class-Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Travis County, Texas. YOU AND THE LANDSCAPE SUPPLY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Either party may bring an individual action in small-claims court for qualifying disputes. Nothing in this Section 18 requires arbitration of any claim that is exempt from the Federal Arbitration Act under 9 U.S.C. § 1, including claims brought by transportation workers engaged in interstate commerce. For any such exempted claim, the dispute will be resolved in the state or federal courts of Travis County, Texas under Section 17. If any portion of this Section 18 is found invalid or unenforceable, the remainder — including the class, collective, and representative action waiver — shall remain in effect to the maximum extent permitted by law. The class, collective, and representative action waiver is non-severable from the arbitration requirement only to the extent that applicable law so requires; in all other cases it stands independently.
19. Changes to the Terms
We may modify these Terms at any time by posting an updated version in the Service and updating the effective date. Material changes will be communicated through reasonable means. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
20. Miscellaneous
These Terms are the entire agreement between you and The Landscape Supply concerning the Service and supersede any prior agreements on the same subject. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely. No joint venture, partnership, employment, or agency relationship is created by these Terms.
21. Contact
Questions or notices regarding these Terms may be sent to sales@thelandscapesupply.net.