Terms of Use

Last updated: September 18, 2026

These Terms of Use ("Terms") form a legally binding agreement between you and Henry Rootwell, the owner and operator of Herval.co ("Herval," "we," "us," or "our"). They govern your access to and use of the Herval.co website, its content, the newsletter, the contact form, and any consultation, planning, or workshop services we provide (together, the "Services").

Please read these Terms carefully. They include a limitation of liability, a disclaimer of warranties, an indemnification clause, and a dispute resolution section that affect your legal rights.

1. Acceptance of these terms

By accessing or using Herval.co, subscribing to the newsletter, submitting the contact form, or booking a service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Cookie Policy, and Disclaimer, which are incorporated into these Terms by reference. If you do not agree, you must not use the website or the Services.

If you use the Services on behalf of an organization, such as a community garden, school, or business, you represent that you have authority to accept these Terms on its behalf, and "you" includes that organization.

2. Eligibility

The website is a general-audience resource intended for adults. You may browse and read our content at any age with appropriate parental supervision, but you must be at least 18 years old, or the age of legal majority where you live, to subscribe to the newsletter, submit personal information through the contact form, or book and pay for a service. We do not knowingly collect personal information from children under 13. By using those features, you represent that you meet these requirements.

You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction.

3. Our content and intellectual property

Unless otherwise stated, all content on Herval.co, including articles, guides, tool reviews, checklists, planting calendars, text, photographs, illustrations, diagrams, graphics, logos, page designs, the selection and arrangement of content, and the "Herval" name and branding, is owned by or licensed to Henry Rootwell and is protected by United States and international copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.

Product names, brand names, and trademarks of third parties that appear on the website, including those of tool manufacturers and retailers, belong to their respective owners. Their use on Herval.co is for identification and commentary only and does not imply endorsement by, or affiliation with, those owners unless we say so.

4. Limited license to use the website

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• access and view the website for your personal, non-commercial use;
• print or save a reasonable number of individual pages or guides for your own personal gardening reference;
• share links to our pages on social media, forums, or by email; and
• quote short excerpts (generally no more than 100 words) for commentary, criticism, or review, provided you credit Herval.co and link to the original page.

Any other use, including republishing entire articles, reproducing our photographs, creating derivative works, or using our content in commercial products, requires our prior written permission. Requests for permission may be sent to [email protected]. Media inquiries should go to [email protected].

Materials provided to you as part of a paid service, such as garden plans, planting schedules, pest-control plans, irrigation layouts, or workshop handouts, are licensed to you for use at the property or for the purpose for which they were prepared. You may not resell them or distribute them commercially.

5. Prohibited uses

You agree not to, and not to attempt to, or to help anyone else to:

• use the website or Services in any way that breaks any applicable local, state, national, or international law or regulation;
• copy, scrape, crawl, or mirror the website or its content by automated means, including bots, spiders, or data-mining tools, except for general-purpose search engines indexing the site in accordance with our robots.txt file;
• use our content to train, fine-tune, or build artificial intelligence or machine-learning models, or to create datasets, without our prior written permission;
• republish our content in a way that suggests it is your own, remove copyright or attribution notices, or frame the website within another site;
• interfere with, disrupt, overload, or attempt to gain unauthorized access to the website, its hosting infrastructure, or any related systems;
• introduce viruses, malware, or other harmful code;
• submit spam, bulk solicitations, chain letters, or unsolicited advertising through the contact form or our email addresses;
• submit false information, impersonate any person or organization, or misrepresent your affiliation with anyone;
• harass, threaten, or abuse Herval.co, its owner, or anyone else;
• manipulate affiliate links, generate fraudulent clicks, or engage in any activity that would violate the terms of the affiliate programs we take part in; or
• use the website or Services for any purpose that is unlawful or prohibited by these Terms.

We may suspend or restrict your access to the website or Services, without notice, if we reasonably believe you have breached this section.

6. Your submissions

You may send us questions, feedback, photographs, garden stories, tips, and suggestions through the contact form or by email (together, "Submissions"). You keep ownership of your Submissions. However, by sending a Submission, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and adapt it in order to respond to you, deliver Services, and improve our content.

We will not publish your name, photographs, or identifiable garden details on the website, in the newsletter, or on social media without first obtaining your express permission. If you give that permission, you grant us a perpetual, non-exclusive, royalty-free license to publish, edit for length and clarity, and display the Submission with the attribution you choose, and you may ask us to remove it later. We will make reasonable efforts to honor such requests on material we control.

You represent that your Submissions are your own original work or that you have the rights needed to share them, that they do not infringe anyone else's rights, and that they are not unlawful, defamatory, or obscene. Ideas and suggestions you send us (for example, "you should write a guide about raised-bed irrigation") may be used by us freely, without any obligation to you, since we may already be developing similar content independently.

7. Services and bookings

We offer the following services:

• Garden Tool Consultation: personalized advice on choosing, buying, and using garden tools for your space, needs, and budget;
• Garden Design & Planning: help with layouts, bed planning, plant selection, and seasonal planning;
• Tool Sharpening & Maintenance Workshops: hands-on or remote instruction on cleaning, sharpening, and caring for tools;
• Organic Pest Control Consultation: guidance on identifying pests and using organic and integrated pest management approaches; and
• Irrigation & Sprinkler Planning: advice on watering strategies, drip irrigation, and sprinkler layouts.

7.1 How booking works

1. You request a service through our contact form, describing what you need and your preferred dates.
2. We reply with availability, the scope of the service, the fee, the delivery method (in person, video call, or email), and any preparation required.
3. A booking is confirmed only when we send written confirmation by email and, where required, receive any deposit or payment. Submitting the contact form does not by itself create a contract.

We may decline any booking request at our discretion, for example where the request is outside our expertise, outside our travel area, or would require a licensed professional.

7.2 Fees and payment

Fees are quoted in US dollars and set out in our booking confirmation. Unless we agree otherwise in writing, payment is due in full before the service is delivered, or a non-refundable deposit may be required to secure a date, with the balance due before or at the session. In-person services may include a travel fee, which will be quoted in advance. Fees do not include the cost of tools, materials, plants, irrigation components, or other products you decide to buy; any such purchases are between you and the seller. Applicable taxes, if any, will be added as required by law.

7.3 Cancellations and rescheduling by you

• More than 48 hours before the scheduled session: you may cancel for a full refund (less any non-refundable deposit that was clearly identified at booking) or reschedule free of charge.
• Between 24 and 48 hours before the session: you may reschedule once free of charge; if you cancel, we may retain up to 50% of the fee.
• Less than 24 hours before the session, or if you do not attend ("no-show"): the fee is generally non-refundable, although we will consider rescheduling in genuine emergencies.

For group workshops, cancellations more than 7 days before the workshop receive a full refund; later cancellations may be transferred to another person or to a future workshop, at our discretion.

7.4 Cancellations and rescheduling by us

Gardening is weather-dependent. We may reschedule an outdoor or in-person session because of unsafe weather, wildfire smoke, extreme heat, illness, or other circumstances beyond our reasonable control. If we cancel and you do not wish to reschedule, you will receive a full refund of any amounts paid for that session. Our liability for a cancellation by us is limited to that refund.

7.5 Refunds and satisfaction

If you believe a service was not delivered as described, please tell us within 14 days at [email protected]. We will work with you in good faith to put things right, which may include a follow-up session, revised materials, or a partial or full refund at our discretion. Refunds are issued to the original payment method, normally within 14 days of approval. Nothing in this section limits any non-waivable rights you may have under consumer protection law.

7.6 Nature of the services

Our services are educational and advisory. We are not licensed landscape architects, arborists, pest control applicators, plumbers, electricians, engineers, or contractors, and our services do not include installation, pesticide application, tree work, excavation, or electrical or plumbing work. Any recommendations are based on the information you provide; you are responsible for the accuracy of that information and for deciding whether and how to act on our advice. Before digging, call 811 (or your local utility-location service) to have underground lines marked, and check any local permits, homeowners' association rules, water-use restrictions, and pesticide regulations that apply to your property.

7.7 In-person sessions

If a service takes place at your property, you agree to provide safe access, to disclose known hazards (such as aggressive animals, unstable ground, hidden wiring, or recently applied chemicals), and to supervise children and pets. Workshop participants must follow safety instructions, wear appropriate protective equipment such as gloves and eye protection when directed, and use sharp tools with care. You participate at your own risk, as described in section 8.

8. Gardening safety disclaimer

Gardening is rewarding, but it carries real risks. These include cuts and puncture wounds from sharp or powered tools; strains and injuries from lifting, digging, and repetitive motion; falls from ladders; allergic reactions to plants, pollen, or insect stings; exposure to toxic plants; sun and heat exposure; and harm from fertilizers, pesticides, herbicides, and other chemicals, including organic products.

Our content and services are provided for general educational purposes. You are solely responsible for your own safety and for the safety of others, children, pets, and wildlife in your garden. Always read and follow manufacturers' instructions and product labels (for pesticides, the label is the law), wear appropriate protective equipment, keep chemicals and tools out of reach of children and pets, and consult a qualified professional for tasks beyond your skill or where safety is in doubt. Never eat a plant, mushroom, or berry unless you are certain it is safe. See our Disclaimer for more detail.

9. Third-party links and content

The website contains links to third-party websites, including retailers, manufacturers, extension services, and other resources. We provide these links for convenience and information only. We do not control and are not responsible for the content, products, services, pricing, availability, privacy practices, or terms of any third-party site. Any purchase you make from a third party is a transaction solely between you and that third party, and questions about orders, shipping, returns, warranties, and product defects should be directed to the seller or manufacturer.

10. Affiliate disclosure summary

Herval.co is reader-supported. Some links on the website are affiliate links, which means we may earn a commission if you click through and make a purchase, at no additional cost to you. As an Amazon Associate I earn from qualifying purchases. We may also participate in other affiliate programs. Affiliate relationships never determine our recommendations; we aim to recommend only tools and products we believe are genuinely useful. Full details are in our Disclaimer.

11. Disclaimer of warranties

To the fullest extent permitted by law, the website, its content, and the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment, and any warranties arising from course of dealing or usage of trade.

Without limiting the above, we do not warrant that: the content is complete, accurate, current, or suitable for your climate, soil, or growing zone; any particular gardening result will be achieved; product prices, specifications, or availability shown are correct; or the website will be uninterrupted, secure, or free of errors, viruses, or other harmful components. Gardening outcomes depend on many factors outside our control, including weather, soil, pests, plant health, and how advice is applied.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of liability

To the fullest extent permitted by law, in no event will Herval.co, Henry Rootwell, or any contributors, agents, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, plants, crops, or property value, arising out of or relating to your use of, or inability to use, the website, its content, or the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to these Terms, the website, or the Services is limited to the greater of (a) the total fees you paid to us for the specific service giving rise to the claim in the 12 months before the claim arose, or (b) one hundred US dollars (US$100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by our gross negligence or willful misconduct, or for fraud. If you are a consumer in the EEA or UK, you benefit from any mandatory provisions of the law of your country of residence, and nothing in these Terms affects your statutory rights.

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Herval.co and Henry Rootwell, and any contributors, agents, and service providers, from and against any claims, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your breach of these Terms; (b) your Submissions; (c) your misuse of the website or Services; (d) your violation of any law or the rights of any third party; or (e) any injury or damage occurring at your property during an in-person service, except to the extent caused by our gross negligence or willful misconduct.

14. Governing law

These Terms, and any dispute or claim arising out of or relating to them, the website, or the Services, are governed by the laws of the State of Oregon, United States, without regard to its conflict-of-law rules, and by applicable US federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer residing outside the United States, this choice of law does not deprive you of the protection of mandatory consumer laws of your country of residence.

15. Dispute resolution

15.1 Informal resolution first

Most concerns can be resolved quickly and personally. Before starting any formal proceeding, you agree to contact us at [email protected] with a written description of the dispute, the relief you seek, and your contact details. We will try in good faith to resolve the matter within 60 days of receiving your notice. We will do the same before bringing any claim against you.

15.2 Venue

If a dispute cannot be resolved informally, it will be brought exclusively in the state or federal courts located in the State of Oregon, and you and we consent to the personal jurisdiction of those courts. Either party may instead bring an individual claim in a small claims court of competent jurisdiction, if the claim qualifies.

15.3 Individual claims

To the fullest extent permitted by law, you and we agree that any proceeding will be conducted only on an individual basis, and not as a class, consolidated, or representative action. Nothing in this section prevents either party from seeking temporary injunctive relief to protect intellectual property rights or to stop misuse of the website.

15.4 Time limit

To the extent permitted by law, any claim arising out of or relating to these Terms, the website, or the Services must be brought within one year after the claim arose; otherwise it is permanently barred.

16. Severability, waiver, and entire agreement

If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms, together with the policies they incorporate and any written booking confirmation, are the entire agreement between you and us about their subject matter and supersede any prior agreements. If a booking confirmation conflicts with these Terms, the booking confirmation controls for that service. You may not assign your rights under these Terms without our consent; we may assign ours in connection with a sale or transfer of Herval.co.

17. Changes to these terms

We may revise these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Material changes will be highlighted on the website or communicated to newsletter subscribers where appropriate. Changes will not apply retroactively and will not affect services already confirmed before the change, unless required by law. Your continued use of the website after the updated Terms take effect means you accept them.

18. Contact us

Questions about these Terms can be sent to:

• General inquiries and bookings: [email protected]
• Content permissions and corrections: [email protected]
• Advertising and partnerships: [email protected]
• Privacy matters: [email protected]
• Contact form: herval.co contact page

Herval.co is owned and operated by Henry Rootwell, Oregon, United States.

Related policies: Privacy Policy · Cookie Policy · Disclaimer