TERMS AND CONDITIONS,
Terms and Conditions:
This website is operated by SOD KING. Throughout the site, the terms “we”, “us” and “our” refer to SOD KING. SOD KING offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted by Global Results Online, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns and Shipping Policies
SECTION 7 – OPTIONAL TOOLS AND SERVICES
We may provide you with access to third-party tools or services over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools and services ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or services.
Any use by you of optional tools or services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools and services are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SOD KING, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless SOD KING and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state the primary offices are located in.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be filed through the contact us page on our web site.
WHAT WE COLLECT:
CONTACT INFORMATION INCLUDING EMAIL ADDRESS
DEMOGRAPHIC INFORMATION SUCH AS POSTCODE, PREFERENCES, AND INTERESTS
OTHER INFORMATION RELEVANT TO CUSTOMER SURVEYS AND/OR OFFERS
WHAT WE DO WITH THE INFORMATION WE GATHER:
We require this information to understand your needs and provide you with a better service, and for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES:
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you, please reach us through our contact us page.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
WE MUST RETURN ALL PALLETS TO THE FARM! DO NOT destroy them, throw them out, or allow them to be taken by anyone but our team. We will pick them up about 5-7 days after your delivery. They need to be EMPTY, with no garbage or scraps on them, accessible, and visible from the street. Please do not place them behind fences. Please do not leave them on the street or sidewalks. A good place is near your house or fence in the front yard or driveway.
We do not currently charge pallet fees if we are able to retrieve them because this is part of the service. They are a resource that we need to reuse to keep costs as low as possible and to be as environmentally friendly as we can.
If there are broken pallets upon delivery, please text our office or email us at email@example.com.
You agree to allow access to your property by our teams for pallet retrieval.
There are no pallet fees if we are able to retrieve them. There may be a charge of $25 per pallet if we are unable to retrieve them due to loss, disposal, not being easily accessible when our teams come to get them, willful destruction, etc.
Our retrieval teams may reach out to you before pick up if you live in a remote area, have a large order, or they feel the need for any reason. If you do not contact them back in a timely manner they may opt to not schedule pick up and you may be charged for the pallets. Please stay in communication with us until pallet pick up is complete.
Homeowners do not have to be home for deliveries, installations, or pallet pick up.
CHANGES or CANCELLATIONS:
We have a 48 hr cancellation/changes window. That is 48 hours PRIOR to the morning of the day of your delivery (for example, changes for a Friday delivery need to be made by 9:30 am Wednesday Morning). All changes or instructions need to be in writing via email to firstname.lastname@example.org. It is best to follow up with a phone call to (801) 203-3035 to make sure your change was received in a timely manner. We cannot make changes if we did not see them. Please be aware of the timing. After we send orders up to the farm, we are no longer able to make any changes to the order. This includes, but is not limited to:
Delivery Instructions (placement requests ** see below for more details)
Increasing or Decreasing Quantity.
Canceling the order
MEASURING and QUANTITIES:
Homeowners/Landscapers are responsible for measuring the yard. We will deliver the quantity that you specify. Please use an actual measuring device. Pacing it off and using online tools such as google maps has proven to be very inaccurate and costly for customers. We are not able to drop small quantities if you find you are a little short. We recommend adding a 3-5% contingency to what you have calculated and round to the nearest hundred. If you are short, we do have pickup locations in the Provo area.
*** Please note we are not able to buy back sod or pick up scraps and leftovers. Customers are responsible for the disposal of extra sod or scraps. We suggest selling extra full rolls on KSL, Facebook, or the like. Many people are looking for very small quantities and customers have reported to us that it usually sells quickly.
An email confirmation will be sent regarding your order. It will include the address, quantity, and type of sod ordered. Please review and contact our offices if correction is required. No communication will be assumed to mean the delivery address, type of sod and amount is accurate.
Time windows may be sent to you via text the evening prior to your delivery but are not always. This is a courtesy we try to provide but sometimes can’t. Time windows are simply an estimate and are not guaranteed as there are factors that can affect delivery and installer arrival times that are outside of our control. Weather is a very common delay for example. Sod can not be cut if it is too wet. Additionally, delays may also be caused by mechanical issues, traffic, difficulties at previous locations, etc.
Deliveries are made curbside. The driver will attempt to place the sod as close to your property as possible, but if there are cars, garbage cans, etc., in the way he may have to drop the sod elsewhere but as close as possible to your property. You are responsible to provide a location for the drop, if that location is insufficient, we will attempt the next best spot. We can provide notes and requests to the drivers, but we have to leave the final drop location up to the discretion of the delivery drivers. They will assess the delivery location, determine if any damage might occur, and make the final decision. This is to avoid cracking cement, broken irrigation lines, hydraulic oil stains, having the forklift become stuck, trapping vehicles, blocking traffic, etc. We are not able to guarantee specific delivery locations. Customers may make requests to the drivers, but the trucking company may charge an additional fee for those services, above the cost of the sod.
If you make a request to have delivery on any part of your property you assume all risks and liabilities for any damages that may occur.
Weather plays a significant role in our ability to cut, deliver, and/or install sod and mulch. The fields are near Driggs and Idaho Falls in Idaho. The weather there may be different than the weather here. If it is too wet to cut, we will contact you and reschedule the delivery. Please note, that recovering from weather delays can take up to a week, as orders are shifted and rescheduled. This is more of a problem in the spring and fall when the weather is more volatile. We will also attempt as long as possible to cut your sod, which means we may not be able to confirm a delay until late in the day prior to your delivery.
If you are rain-delayed, we will contact you and communicate with you as best we can. It may be a few to several days before the farm can start cutting again so we may not be able to work on a rescheduling plan for several days. Please be patient, rain delays are frustrating for everyone and create a great deal of work in our offices.
IN PREPARATION FOR OUR INSTALLERS:
Please set the grade 1” below the final grade you want. Our sod is cut about 3/4” thick of soil.
Please clearly mark the boundaries for the sod, via curbing, spray paint, etc. It can be curved – we will cut the sod to fit, we just need to know where the edges are.
Please flag the sprinkler heads. Even if you think they are obvious, it’s better to be safe than sorry. We are not responsible for broken sprinkler heads that were not clearly marked. We recommend using yard flags you can get at almost any hardware or lawn and garden store.
Please make sure the ground is cleared of debris, rocks, leaves, etc. The installation service does not include clearing or raking of the site.
Make sure you have at least 38″ of clearance from where the sod is delivered to the point of installation. Our installers use wheelbarrows and if they can’t get them through narrow gates or other obstructions there will be an added fee to the installation.
If your preparations are not complete prior to the installer’s arrival they may opt not to install or come back later that day after preparations are complete. If they opt to not install there will be a $250 charge.
If the installers find conditions that make installation more labor-intensive there may be an increase in the fee for installation. That fee will be determined on a case-by-case basis. These conditions include but are not limited to slopes, hills, steep areas, narrow access, tiered areas, multiple installation areas, patchwork, etc.
If you have any questions, please contact email@example.com or you may call or text us at 801-203-3035.
All prep work must be completed PRIOR to the day of installation so that same-day installation can be done if required. Weather and scheduling dictate if an install will be that day or the next day. If special needs are required, we will do our best to accommodate them, for what is within our control but we are not able to guarantee specific installation times.
Installation includes laying the sod, cutting it to fit around patios, walkways, flowerbeds, etc. Installers will arrive separately from the delivery crew and the installation schedule is managed separately from the delivery schedule. Sod King prefers to deliver the day prior to installation in order to facilitate a fast and timely installation. You may request same-day installation but please be aware that it is not guaranteed due to potential delivery delays.
The minimum installation charge is 2,000 sq ft. Anything above that will be charged at the amount of sod ordered. We do not give refunds on sod and/or installation if you ordered more than you need. Please make sure your measurements are correct.
A NON-REFUNDABLE deposit is required to approve the quote and to place a credit card on file. Payment in full will be processed three (3) business days prior to the delivery date. Please use the card you plan on making the full payment with to make the deposit. Payments are processed through Stripe. We are fully PCI compliant and you can see our seals of trust at the bottom on any Sod King webpage at www.sodking.com.
By approving the quote and paying the deposit you agree that unless prior arrangements are made we may process the provided credit card for full payment without further approval.
If payment is delayed, by declined credit card, for example, it is your responsibility to make other payment arrangements in a timely manner. Please make contact or respond to Sod King if we reach out to you about payment. If payment is not made in 30 days you will be charged a 24% annual interest rate, charged monthly, starting from the day of delivery, and be responsible for all costs, including attorney fees, associated with recovering payment.
A lien may be placed on your property and Sod King reserves the right to process that lien to the full extent of the law if payment is not made in a timely manner.
No refunds are given for sod and/or installation if you ordered more than needed. Please be sure your measurements are accurate. We can provide information to help you make measurements but are in no way responsible for your measurements or any result of them.
If you would rather give us a call to provide your billing info, please call 801-203-3035.
We are not able to accept checks as a form of payment.
DRIVERS AND INSTALLERS ARE NEVER ABLE TO ACCEPT PAYMENT.