Privacy Policy & Terms of Service

Part IPrivacy Policy

American Landscape Construction ("we," "us," "our," or "Company") is committed to protecting your personal information. This Privacy Policy describes the types of information we collect, how we use it, and the measures we take to keep it secure. By visiting our website, submitting a form, calling our office, or opting in to receive text messages, you agree to the practices described in this policy.

1. Who We Are

American Landscape Construction is a premier hardscaping and outdoor living contractor serving Rockingham, Belknap, and Merrimack County in New Hampshire. Our office is located at 138 Hamwoods Road, Alton, NH 03809 and we can be reached at (603) 930-7740.

2. Information We Collect

We may collect the following types of personal information when you interact with us:

• Contact Information: Name, email address, phone number (including mobile number), and mailing address.
• Project Information: Details about your property, project scope, timeline, and preferences that you provide through our consultation forms or during conversations.
• Device & Usage Data: IP address, browser type, operating system, referring URLs, pages visited, and time spent on our website, collected via cookies and similar technologies.
• Communication Records: Records of phone calls, text messages, emails, and chat conversations with our team.
• Opt-In Data: Records of your consent to receive SMS/text messages, including the date, time, and method of opt-in.

3. How We Use Your Information

We use the information we collect for the following purposes:

• To respond to your inquiries, schedule consultations, and provide project estimates.
• To communicate with you regarding your project, including appointment reminders, scheduling updates, and follow-up messages.
• To send you text messages you have opted in to receive (see our SMS/Text Messaging Terms below).
• To improve our website, services, and customer experience.
• To comply with applicable laws, regulations, and legal obligations.

4. SMS / Mobile Data Privacy

Your mobile opt-in data — including your phone number, the fact that you opted in, and any data collected in connection with our SMS program — is used exclusively for the purpose of delivering the messages you have consented to receive from American Landscape Construction. This data is never shared with, sold to, or disclosed to third-party marketers, lead generators, advertising networks, data brokers, or any other external entity for their own marketing purposes.

The only circumstances under which your mobile information may be disclosed are:

• To our messaging service provider(s) solely for the purpose of transmitting messages you have consented to receive.
• When required by law, subpoena, court order, or government regulation.
• To protect the rights, safety, or property of American Landscape Construction or others, as permitted by law.

5. Data Sharing & Third Parties

We do not sell your personal information. We may share your information only with:

• Service Providers: Trusted vendors who help us operate our business (e.g., our CRM platform, web hosting, analytics, and messaging service providers). These vendors are contractually obligated to protect your data and use it only for the services they provide to us.
• Legal Compliance: When disclosure is required by law, regulation, legal process, or enforceable governmental request.
• Business Transfers: In connection with a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.

We never provide your personal data to unrelated third parties for their own direct marketing without your explicit prior consent.

6. Cookies & Tracking Technologies

Our website uses cookies, pixels, and similar tracking technologies to improve site functionality, analyze traffic, and deliver relevant advertising. You can control cookie preferences through your browser settings. Disabling cookies may affect certain features of our website.

We may use third-party tools such as Google Analytics and Meta (Facebook) Pixel to understand how visitors interact with our site. These services may collect anonymous, aggregate data subject to their own privacy policies.

7. Data Security

We implement reasonable administrative, technical, and physical safeguards to protect your personal information against unauthorized access, alteration, disclosure, or destruction. While no method of electronic transmission or storage is 100% secure, we strive to use commercially acceptable means to protect your data.

8. Data Retention

We retain your personal information only as long as necessary to fulfill the purposes described in this Privacy Policy, comply with legal obligations, resolve disputes, and enforce our agreements. Opt-in consent records for SMS messaging are retained for the duration of your participation in the messaging program and for a reasonable period thereafter to demonstrate compliance.

9. Your Rights

Depending on your jurisdiction, you may have the right to:

• Access, correct, or delete the personal information we hold about you.
• Withdraw consent for SMS messaging at any time by texting STOP.
• Opt out of marketing emails by using the "unsubscribe" link in any promotional email.
• Request information about the categories of personal data we have collected and disclosed.

To exercise any of these rights, contact us at (603) 930-7740 or email us at the address listed in the Contact section below.

10. Children's Privacy

Our services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact us and we will promptly delete it.

Part IISMS / Text Messaging Terms

The following terms apply to our SMS/text messaging program operated by American Landscape Construction. By opting in to receive text messages from us, you agree to these terms in addition to our Privacy Policy and Terms of Service.

1. Program Description

American Landscape Construction offers an SMS messaging program to provide you with:

• Appointment confirmations, reminders, and scheduling updates.
• Project status notifications and follow-up communications.
• Responses to your inquiries and consultation requests.
• Seasonal promotions, offers, and company updates (if you have opted in to receive marketing messages).

Messages are sent from or on behalf of American Landscape Construction, 138 Hamwoods Road, Alton, NH 03809. You can reach us at (603) 930-7740.

2. Opt-In & Consent

You must provide your prior express consent before receiving text messages from American Landscape Construction. Consent may be obtained through the following methods:

• Web / Online Opt-In: By submitting a form on our website (e.g., our consultation request form or contact form) that includes a clearly disclosed SMS consent checkbox or statement, and by entering your mobile phone number.
• In-Person / Verbal Opt-In: By verbally agreeing to receive text messages during an in-person meeting, phone call, or on-site consultation with our team.
• Text-to-Join: By texting a keyword (e.g., "START" or "JOIN") to our business phone number.

We maintain records of opt-in consent including the date, time, method of consent, and the phone number provided. These records are retained for compliance purposes.

3. Opt-Out / STOP

You may opt out of receiving text messages at any time by:

• Texting STOP (or CANCEL, END, QUIT, or UNSUBSCRIBE) in reply to any message you receive from us.
• Calling us at (603) 930-7740 and requesting removal.
• Emailing us with the subject line "SMS Opt-Out" and including your phone number.

Upon receipt of your opt-out request, you will receive one final confirmation message stating that you have been unsubscribed. You will receive no further text messages from us unless you opt in again at a later date.

4. Help / Support

For help or questions about our text messaging program:

• Text HELP in reply to any message you receive from us for assistance.
• Call (603) 930-7740 during business hours.
• Email us (see Contact section below).

5. Message Frequency

Message frequency varies based on your interactions with us. You may receive messages related to active consultations, scheduled appointments, or ongoing projects. Promotional messages, if opted in, are sent no more than four (4) times per month. Transactional messages (appointment reminders, project updates) are sent as needed based on your project timeline.

6. Message & Data Rates

7. Supported Carriers

Our SMS program is supported on all major U.S. carriers including AT&T, Verizon, T-Mobile, US Cellular, and most regional carriers. Carriers are not liable for delayed or undelivered messages.

T-Mobile Disclaimer: T-Mobile is not liable for delayed or undelivered messages.

8. Mobile Information Sharing Policy

9. Standard SMS Service Terms

10. Delivery Disclaimer & Liability

American Landscape Construction is not responsible for any delays, failures in delivery, or other issues related to the transmission or receipt of text messages. Delivery of text messages is subject to effective transmission by your mobile carrier and is not guaranteed by American Landscape Construction.

By subscribing to our SMS services, you acknowledge and agree that American Landscape Construction will not be liable for any damages, losses, or injuries arising from or related to the use or failure to receive any text messages, including but not limited to delays, non-delivery, or technical issues beyond our control.

Text messaging services are provided on an "as-is" basis. We make no warranties, express or implied, regarding the reliability, timeliness, or availability of SMS delivery.

11. Website Opt-In Disclosure Requirements

Any form on our website where a visitor can provide a phone number includes the following consent disclosure elements, as required by A2P 10DLC, TCPA, and CTIA guidelines:

• The name of the organization sending messages (American Landscape Construction).
• The nature or content of messages the recipient is consenting to receive (e.g., appointment reminders, project updates, promotional offers).
• Message frequency disclosure (e.g., "Message frequency varies").
• A statement that message and data rates may apply.
• Clear opt-out instructions (e.g., "Reply STOP to unsubscribe").
• A link to this Privacy Policy and SMS Terms page.
• An unchecked checkbox that the user must actively select to grant consent. The checkbox must not be pre-checked or pre-selected by default.
• A statement that consent is not a condition of purchasing any goods or services.

Example opt-in language used on our forms:

12. Accepted Opt-In Methods

American Landscape Construction collects SMS consent through the following documented methods:

• Web / Online Forms: Customers opt in by submitting a contact or consultation request form on our website at americanlandscapeco.com. The opt-in is a self-service process and includes the consent disclosure and unchecked checkbox described above.
• In-Person / Verbal Consent: Customers may verbally consent to receive text messages during an on-site consultation, phone call, or at our office. Our team follows a standard verbal consent script: "May we send you text messages regarding your project, including appointment reminders and updates? Standard message and data rates may apply, and you can opt out at any time by replying STOP." Verbal consent is documented in our CRM system with the date, time, and staff member who obtained consent.
• Text-to-Join (Keyword): Customers may text a keyword such as "START" to our business phone number to opt in. Upon receiving the keyword, we send a confirmation message that includes the program name, message frequency, data rates disclosure, and opt-out instructions.

Part IIITerms of Service

These Terms of Service ("Terms") govern your use of the American Landscape Construction website located at americanlandscapeco.com and all related services, communications, and interactions with our company.

1. Acceptance of Terms

By accessing our website, submitting any form, calling our business, or engaging with us via text message, you agree to be bound by these Terms, our Privacy Policy, and our SMS/Text Messaging Terms. If you do not agree to these Terms, please do not use our website or services.

2. Services Described

American Landscape Construction provides hardscaping, outdoor living construction, and related services in New Hampshire including but not limited to: water features, fire pits and gathering areas, outdoor kitchens and living spaces, pool patios, retaining walls, landscape lighting, pavilions and pergolas, and stone engraving. Service descriptions on our website are provided for informational purposes. All projects are subject to individual consultation, design, and contractual agreement.

3. User Responsibilities

When using our website and services, you agree to:

• Provide accurate and truthful information in any forms or communications.
• Not use our website for any unlawful purpose or in violation of any applicable law or regulation.
• Not attempt to gain unauthorized access to any portion of our website, systems, or networks.
• Not transmit any viruses, malware, or harmful code through our website.
• Not scrape, harvest, or collect information from our website through automated means without our express written consent.

4. Intellectual Property

All content on our website — including but not limited to text, images, photographs, graphics, logos, designs, and page layouts — is the property of American Landscape Construction or its content providers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission.

5. Limitation of Liability

To the fullest extent permitted by applicable law, American Landscape Construction, its owners, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services. Our website and its content are provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied.

We make no warranty that our website will be uninterrupted, timely, secure, or error-free. We are not responsible for any errors or omissions in website content.

6. Indemnification

You agree to indemnify, defend, and hold harmless American Landscape Construction, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with your use of our website, your violation of these Terms, or your violation of any third-party rights.

7. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our website shall be resolved in the state or federal courts located in Belknap County, New Hampshire.

8. Modifications to These Terms

We reserve the right to update or modify these Terms, our Privacy Policy, and our SMS/Text Messaging Terms at any time. Changes will be effective upon posting to this page with a revised effective date. Your continued use of our website or services after any modifications constitutes your acceptance of the updated terms. We encourage you to review this page periodically.

9. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

10. Text Messaging Terms Within Terms of Service

The following terms apply specifically to the text messaging (SMS/MMS) services provided by American Landscape Construction. These terms supplement our full SMS/Text Messaging Terms in Part II above.

Scope of SMS Service: American Landscape Construction provides text message notifications for appointment reminders, scheduling confirmations, project status updates, consultation follow-ups, and (with your separate opt-in) promotional offers and seasonal updates. These messages are available to customers in the United States and are subject to mobile network availability.

User Consent: By using American Landscape Construction's services, including signing up for text message communications, you expressly consent to the collection, use, and sharing of your information as described in our Privacy Policy, including the use of your phone number to send you text messages. Your consent to receive marketing text messages is not a condition of purchasing any goods or services from us.

Cancellation: You can cancel the SMS service at any time. Text "STOP" to our number and you will receive a one-time confirmation of your unsubscribe request. No further messages will be sent.

Support: Text "HELP" to our number or call (603) 930-7740 for customer support related to our messaging program.

Rates & Frequency: Message and data rates may apply. Message frequency varies based on your engagement with our services.

Carrier Liability: Mobile carriers including AT&T, Verizon, T-Mobile, and US Cellular are not liable for delayed or undelivered messages.

11. TCPA & CTIA Compliance

American Landscape Construction conducts its text messaging program in compliance with the Telephone Consumer Protection Act (TCPA), the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices, and all applicable carrier requirements for A2P 10DLC messaging.

We are committed to:

• Obtaining prior express consent before sending any text messages.
• Providing clear and conspicuous opt-out instructions in our messaging.
• Honoring all opt-out requests promptly and completely.
• Identifying ourselves in every message we send.
• Respecting quiet hours and not sending marketing messages before 8:00 AM or after 9:00 PM in the recipient's local time zone.
• Never sharing mobile opt-in data with third parties for marketing purposes.
• Maintaining records of opt-in consent for compliance verification.