Website terms

Terms of Use

These terms govern use of the Phytonomen website and explain the boundary between a consultation request and an accepted client project.

Effective date: July 25, 2026

Terms version: 2026-07-25

Website information

Phytonomen LLC provides this website for general educational and business information. Website content may describe plant-selection concepts, ecological context, available consulting services, and the process for requesting a scope review. It is not a promise that a particular plant, service, result, or project will be suitable or available.

Consultation requests are nonbinding

Submitting a consultation request does not create a client relationship, constitute acceptance of a project, authorize work, reserve a service, or obligate either you or Phytonomen to proceed. No payment is collected through the initial submission.

Phytonomen manually reviews each request and may ask for clarification, approve or narrow the proposed scope, recommend a different service, provide a custom quotation, or decline the project. A Project is accepted only through a separate Service Order incorporating the applicable Standard Terms. The agreement becomes effective, and any Service may begin, only after the required electronic acceptance and successful payment have been recorded.

Scope and professional limitations

Unless separately and lawfully contracted in writing, Phytonomen provides remote plant-selection and ecological consulting—not landscape-architectural, engineering, surveying, legal, medical, veterinary, toxicological, permitting, construction, emergency, or on-site inspection services.

Website information and remote plant guidance are not substitutes for checking current laws and regulations, invasive or noxious-plant status, toxicity and allergen information, utilities, property boundaries, easements, permits, drainage, structural or soil conditions, site-specific hazards, product labels, or advice from an appropriately licensed or qualified professional. Conditions and sources can change, and users remain responsible for current verification and safe implementation.

Intellectual property

Unless otherwise identified, the website’s text, graphics, logos, organization, and original materials are owned by or licensed to Phytonomen LLC and are protected by applicable intellectual-property laws. You may view and make reasonable personal, noncommercial use of the website. You may not reproduce, publish, sell, falsely attribute, remove notices from, or create a competing commercial resource from substantial portions of the website without written permission. Phytonomen names and marks may not be used to imply sponsorship or endorsement.

Acceptable use

Do not use the website to violate law or another person’s rights; submit harmful, deceptive, irrelevant, or unauthorized information; probe or disrupt systems; circumvent security controls; introduce malicious code; impersonate another person; or use automated activity that materially burdens the website. You must be authorized to provide any information submitted on behalf of another person or organization.

Third-party services and links

The website may link to third-party publications, tools, maps, websites, or service providers. Those resources are controlled by their operators. A link is provided for context and does not guarantee accuracy, availability, security, or endorsement. Third-party terms and privacy practices may apply.

Disclaimers and limits

The website is provided on an “as available” basis. To the extent permitted by law, Phytonomen does not make warranties about uninterrupted availability or the completeness, currentness, or fitness of general website information for a particular purpose. Nothing in these Terms excludes a right or remedy that applicable law does not permit the parties to exclude.

To the extent permitted by law, Phytonomen is not responsible for indirect or consequential loss caused solely by reliance on general website information or by interruption of the public website. Any warranties, remedies, risk allocation, or liability terms for accepted consulting work will be stated in the applicable Service Order and Standard Terms; these website Terms do not replace those documents.

Governing law

These Terms are governed by the laws of the State of New York and applicable United States law, without regard to conflict-of-law rules, except where mandatory consumer law requires otherwise.

Severability and no waiver

If a provision of these Terms is found unenforceable, the remaining provisions remain in effect to the extent legally permitted. A failure to enforce a provision on one occasion is not a waiver of the right to enforce it later.

Changes and contact

Phytonomen may update these Terms as the website or services change. The effective date and version above identify the current terms; material changes will be presented through an appropriate website notice. Questions about these Terms may be directed through the existing Phytonomen Contact page.