Terms of Use

Acceptance of Terms

By accessing and using this website and our landscape design services, you accept and agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any part of these terms, you may not access or use our services. These terms constitute a legally binding agreement between you and mallrealhigh.

Services Description

We provide professional landscape design services including concept development, project planning, and installation services. All services are provided subject to availability, site conditions, and specific project requirements. Service details, specifications, and pricing are provided during consultation and may be outlined in written service agreements. Services are available in the New York metropolitan area, subject to our service area limitations.

Service Agreements and Pricing

All landscape design projects require a written service agreement detailing scope of work, timeline, pricing, payment terms, and project specifications. Pricing estimates are subject to change based on final project requirements, site conditions, and material selections. Final pricing will be confirmed in the service agreement before project commencement. Payment terms, including deposits and milestone payments, will be specified in each service agreement.

User Responsibilities

You agree to:

  • Provide accurate and complete information when requesting our services
  • Obtain all necessary permits, approvals, and authorizations required for your landscape project
  • Ensure site access and provide necessary utilities for project execution
  • Comply with all local, state, and federal regulations applicable to your project
  • Not misuse our services, website, or intellectual property in any unlawful manner
  • Maintain installed landscapes according to provided maintenance guidelines

Intellectual Property Rights

All content on this website, including text, graphics, logos, trademarks, and design concepts, is the property of mallrealhigh or its licensors and protected by United States copyright, trademark, and other intellectual property laws. Landscape designs, plans, and specifications created for clients remain the property of mallrealhigh until full payment is received. Upon full payment, clients receive a license to use the designs for the specified property. Designs may not be reproduced, distributed, or used for other properties without written authorization.

Warranties and Disclaimers

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. We provide warranties on materials and workmanship as specified in individual service agreements, typically for a period of one year from completion. Plant materials are subject to natural growth patterns and environmental factors beyond our control. We are not responsible for plant failure due to extreme weather, pest infestation, disease, or improper maintenance by the client.

Limitation of Liability

To the maximum extent permitted by law, mallrealhigh shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from the use of our services or website. Our total liability for any claims related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless mallrealhigh, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from your use of our services, violation of these terms, or infringement of any rights of another party.

Dispute Resolution

Any disputes arising from these terms or our services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in New York, New York. You waive any right to participate in class action lawsuits or class-wide arbitration. This agreement is governed by the laws of the State of New York, without regard to conflict of law principles.

Modifications to Terms

We reserve the right to modify these Terms of Use at any time. Material changes will be posted on this page with an updated "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified terms. If you do not agree to modified terms, you must discontinue use of our services.

Contact Information

For questions about these Terms of Use, please contact us:

Email: managers@mallrealhigh.world
Phone: +1 (312) 533-8168
Address: 1361 Amsterdam Ave #340, New York, NY 10027