Terms of Service

1. Acceptance of Terms

 

By accessing the Froggy Bottom Materials website (froggybottommaterials.com), placing an order, requesting a quote, scheduling a service, or otherwise engaging with Froggy Bottom Materials LLC (‘Froggy Bottom’, ‘we’, ‘our’, or ‘us’), you (‘Customer’, ‘you’) agree to be bound by these Terms of Service (‘Terms’). If you do not agree to these Terms, please do not use our website or services.

These Terms apply to all visitors, customers, contractors, and commercial clients. Froggy Bottom reserves the right to update these Terms at any time without prior notice. Continued use of our website or services after any change constitutes your acceptance of the revised Terms.

 

2. Products and Services

 

Froggy Bottom Materials offers a variety of landscaping products and professional services, including but not limited to:

 

Products:

• Pebbles, rocks, river rock, limestone, and gravel

• Boulders, riprap, flagstone, cobblestone, and fieldstone

• Mulch, pine straw, and other ground cover materials

• Sand, soil, clay, and topsoil

• Baseball and softball field materials

• Steppers, landscape supplies, and seasonal products

Services:

• Dumpster rental and haul-off services

• Pool fill-ins

• Landscape installation (design, irrigation, lighting, fire pits, patios)

• Driveway installation (gravel and pavers)

• Chain spreading for driveways and parking lots

• Retaining wall construction

• Material delivery throughout the River Region and beyond

Product availability, pricing, and service offerings are subject to change without notice. We make reasonable efforts to keep information on our website accurate, but we do not guarantee that all information is current or error-free.

 

3. Orders, Quotes, and Pricing

 

3.1 Quotes

All quotes provided by Froggy Bottom are estimates based on the information available at the time of inquiry. Quotes are not binding contracts and may be adjusted based on final measurements, site conditions, product availability, or changes to project scope.

 

3.2 Orders and Payment

Orders for products and services must be confirmed with a Froggy Bottom representative. Full or partial payment may be required prior to delivery, installation, or service commencement. We accept payment methods as specified at the time of order. All prices are in U.S. dollars and subject to applicable Alabama state and local taxes.

 

3.3 Pricing Changes

Froggy Bottom reserves the right to change prices at any time. Once an order has been confirmed in writing, the agreed price will be honored for that transaction unless unforeseen circumstances (e.g., significant supplier cost increases) require renegotiation, in which case the Customer will be notified before any change is applied.

 

4. Delivery and Material Quantities

 

4.1 Delivery Area

We deliver materials throughout the River Region of Alabama and surrounding areas. Delivery availability and fees depend on your location. Contact us at (334) 215-3704 to confirm delivery to your address.

 

4.2 Material Quantities

Customers are responsible for accurately estimating the amount of material needed for their projects. Froggy Bottom provides a material calculator on our website as a convenience tool; however, we do not guarantee the accuracy of calculator estimates. We recommend consulting with our team before placing large orders.

Materials are sold by the cubic yard. Returned or unused materials may be subject to restocking fees. Please verify your order quantities before confirming.

 

4.3 Delivery Conditions

The Customer is responsible for ensuring safe and accessible delivery access to the property. Froggy Bottom is not liable for damage to driveways, landscaping, or structures caused during delivery when the Customer has designated or approved the delivery area. Deliveries are subject to weather conditions and driver availability.

 

5. Dumpster Rental Services

Dumpster rentals are subject to the following conditions:

• Dumpsters are available in 15-yard and 20-yard sizes and are subject to availability.

• Same-day delivery is available but not guaranteed; it is subject to scheduling and capacity.

• The Customer is responsible for ensuring that the placement location is legal, safe, and does not obstruct traffic, utilities, or neighboring properties.

• Prohibited materials include, but are not limited to: hazardous waste, chemicals, paint, asbestos, tires, batteries, medical waste, and any materials prohibited by federal, state, or local law.

• Weight limits apply. Overloaded dumpsters may incur additional fees.

• The Customer assumes all liability for improper use of the dumpster, including any fines, damages, or violations resulting from placement or contents.

• Rental periods and pickup schedules will be agreed upon at the time of booking. Extended rental periods may incur additional charges.

6. Professional Installation Services

For services such as landscape installation, driveway installation, retaining walls, pool fill-ins, and chain spreading, the following terms apply:

 

6.1 Site Preparation

The Customer is responsible for notifying Froggy Bottom of any known underground utilities, irrigation systems, septic systems, or other hazards prior to work commencement. Froggy Bottom is not liable for damage to unmarked or undisclosed underground infrastructure.

 

6.2 Scope of Work

The scope of each installation project will be defined in a separate written agreement or work order. Any changes to the agreed scope may result in additional costs and timeline adjustments.

 

6.3 Permits

The Customer is responsible for obtaining any required permits or HOA approvals prior to the start of any installation project. Froggy Bottom may assist in identifying permit requirements but is not responsible for obtaining permits on the Customer’s behalf unless explicitly agreed in writing.

 

6.4 Workmanship

Froggy Bottom takes pride in its work and stands behind its craftsmanship. Any workmanship concerns must be reported in writing within 30 days of project completion for review and resolution.

 

7. Commercial and Contractor Accounts

Froggy Bottom offers special pricing and terms for commercial clients and licensed contractors. Commercial account eligibility is determined at our discretion. Commercial customers must provide valid business information and agree to any credit terms established at account setup.

Commercial accounts in good standing may be eligible for invoiced billing. Outstanding invoices not paid within the agreed terms may be subject to late fees and suspension of account privileges.

 

8. Website Use and Intellectual Property

 

8.1 Permitted Use

Our website is provided for informational purposes related to Froggy Bottom’s products and services. You may use the website for personal, non-commercial purposes. You may not scrape, reproduce, or distribute website content without our written permission.

 

8.2 Intellectual Property

All content on froggybottommaterials.com, including text, images, logos, and the Froggy Bottom Materials name and brand, is the property of Froggy Bottom Materials LLC or its licensors and is protected by applicable intellectual property laws. Unauthorized use is prohibited.

 

8.3 Accuracy of Information

Product photos and descriptions on our website are for illustrative purposes. Natural stone, soil, and organic materials may vary in color, texture, and composition. Froggy Bottom does not warrant that website descriptions are complete or error-free.

9. Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FROGGY BOTTOM MATERIALS PROVIDES ITS PRODUCTS AND SERVICES ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL FROGGY BOTTOM MATERIALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS, SERVICES, OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claims arising from or related to these Terms or our products and services shall not exceed the amount you paid to Froggy Bottom for the specific transaction giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Froggy Bottom Materials LLC, its officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of our products or services; (b) your violation of these Terms; (c) your violation of any applicable laws or regulations; or (d) any third-party claims arising from your project or property.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or your use of Froggy Bottom’s products and services shall be resolved exclusively in the state or federal courts located in Montgomery County, Alabama.

Before initiating formal legal proceedings, both parties agree to attempt good-faith negotiation to resolve any disputes. You may contact us at (334) 215-3704 or by visiting us at 11672 Highway 80 East, Pike Road, AL 36064.

12. Privacy Policy

Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and protect your personal information. You can review our Privacy Policy at froggybottommaterials.com/privacy-policy.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any written service agreements or order confirmations provided by Froggy Bottom, constitute the entire agreement between you and Froggy Bottom regarding the subject matter herein, and supersede all prior communications or agreements.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

Failure by Froggy Bottom to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.

13.4 Force Majeure

Froggy Bottom shall not be liable for delays or failure to perform due to causes beyond our reasonable control, including weather events, supply chain disruptions, natural disasters, or other force majeure events.

14. Contact Us

If you have questions about these Terms of Service, please contact us:

Froggy Bottom Materials LLC

11672 Highway 80 East, Pike Road, AL 36064

Phone: (334) 215-3704

Website: www.froggybottommaterials.com