Terms of Use

Please read these Terms of Use ("Terms") carefully before using www.coandesign.com (the "Website"), operated by Stephen Coan Garden Design ("Stephen Coan Garden Design," "we," "us," or "our").

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please discontinue use of the Website.

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1. Website Use

This Website is provided for general informational, educational, inspirational, marketing, and business communication purposes.

You may use the Website only for lawful purposes and in a manner that does not infringe upon the rights of, restrict, damage, interfere with, or inhibit the use of the Website by Stephen Coan Garden Design or others.

We reserve the right to modify, suspend, restrict, or discontinue any portion of the Website at any time without prior notice.

2. General Information, Not Site-Specific Professional Advice

Information provided on this Website is intended for general informational, educational, and inspirational purposes only.

Gardens and landscapes are highly site-specific. Plant selection, horticultural practices, ecological strategies, landscape design, drainage, grading, stormwater management, hardscape construction, water features, lighting, irrigation, and related work can be affected by many variables, including but not limited to:

• geographic location and climate;
• microclimate;
• soil composition, structure, fertility, and moisture;
• drainage, grading, and hydrology;
• sun and shade conditions;
• existing vegetation and site conditions;
• deer and other wildlife pressure;
• pests and diseases;
• weather and seasonal conditions;
• underground and overhead utilities;
• easements and property restrictions;
• plant and material availability;
• construction methods and existing structures;
• municipal, county, state, and federal laws and regulations;
• zoning and building codes;
• permit requirements; and
• homeowners association or other private restrictions.

Information appearing on this Website cannot evaluate all conditions affecting a particular property or project.

Accordingly, Website content should not be considered a substitute for an on-site evaluation or individualized advice from Stephen Coan Garden Design or another appropriately qualified professional.

3. No Professional-Client Relationship

Accessing, browsing, or using any portion of this Website does not by itself create a designer-client, consultant-client, contractor-client, horticultural advisor-client, or other professional relationship between you and Stephen Coan Garden Design.

This includes, without limitation:

• browsing or reading Website pages, blog posts, Field Notes, Resources, guides, articles, FAQs, service descriptions, project information, portfolio materials, or other Website content;
• accessing, requesting, viewing, or downloading guides, Project Fit Guides, Seasonal Stewardship Guides, Field Guides, checklists, educational materials, or other resources;
• providing your name, email address, telephone number, project information, property information, or other contact information in order to access gated or downloadable Website materials;
• subscribing to, receiving, or responding to newsletters, email updates, educational communications, marketing communications, or other electronic communications from Stephen Coan Garden Design;
• submitting a contact form, inquiry form, project application, consultation request, questionnaire, or other Website form;
• contacting Stephen Coan Garden Design through the Website, email links, telephone links, social-media links, or other contact methods provided on the Website;
• receiving an automated or personal response to an inquiry;
• joining a mailing list or providing contact information for future communications; or
• otherwise interacting with any page, section, feature, resource, form, download, or content available through the Website.

Providing your name, email address, telephone number, project information, or other information as a condition of receiving access to a downloadable resource, guide, newsletter, gated content, or other Website material does not establish a professional-client relationship and does not constitute individualized professional advice.

Likewise, receiving communications, educational information, newsletters, resources, downloads, or responses from Stephen Coan Garden Design does not create a professional relationship unless we expressly agree in writing to provide professional services.

Submission of an inquiry, application, consultation request, or other information through the Website does not guarantee that Stephen Coan Garden Design will accept a project, provide services, schedule a consultation, reserve availability, or enter into a professional engagement.

A professional relationship with Stephen Coan Garden Design is established only through an applicable written consultation agreement, written proposal, written professional-services agreement, written authorization, or other written agreement mutually accepted by Stephen Coan Garden Design and the client that specifically establishes the professional services to be provided.

Verbal discussions, preliminary conversations, email exchanges, Website communications, resource downloads, newsletter subscriptions, inquiries, applications, or other informal communications do not by themselves create a professional-client relationship unless and until the applicable professional engagement is confirmed in writing by Stephen Coan Garden Design.

Professional services are subject to separate written terms, conditions, fees, limitations, responsibilities, and agreements.

If there is any conflict between these Website Terms and a separately executed written professional-services agreement between Stephen Coan Garden Design and a client, the applicable written professional-services agreement will control with respect to those professional services.

4. Educational Resources, Guides, and Downloadable Materials

Stephen Coan Garden Design may provide articles, Field Notes, guides, checklists, seasonal information, project-planning materials, plant information, downloadable resources, or other educational materials through the Website.

These materials are provided for general informational and educational purposes and are subject to the same limitations described in these Terms.

A guide, article, checklist, example, photograph, drawing, illustration, or other resource should not be interpreted as a recommendation that the same approach is appropriate for another property.

5. Photographs, Projects, and Examples

Unless otherwise noted, photographs of completed work, gardens, landscapes, installations, and project details shown on this Website depict work performed, designed, managed, installed, or otherwise undertaken by Stephen Coan Garden Design, and the photographs were taken by Stephen Coan.

Many photographs of established gardens and landscapes were taken after the gardens had several growing seasons to mature, fill in, and develop their intended character. Newly installed gardens and landscapes should be expected to require time, often several growing seasons or years depending on the plants, site conditions, and design, to establish, fill in, and reach a mature appearance.

Plant installations may be carried out in multiple stages over time as the different structural, seasonal, and ecological layers of the garden are introduced. Each planting layer may require multiple days of installation, depending on the size, complexity, site conditions, plant quantities, and scope of the project. Certain components, including spring-flowering bulbs and other seasonally timed plantings, may be installed separately at the horticulturally appropriate time of year, including late fall. Accordingly, the full intended planting composition may not be present immediately following the initial installation or any single phase of planting.

Photographs, plans, drawings, illustrations, project descriptions, before-and-after examples, planting combinations, materials, and other examples shown on this Website are intended to illustrate the work, design approach, philosophy, or capabilities of Stephen Coan Garden Design.

Every property and project is different.

Past project results, plant performance, aesthetic outcomes, construction results, ecological outcomes, establishment rates, or other examples shown on this Website do not constitute a representation, warranty, or guarantee that identical or similar results will be achieved on another property.

6. Seasonal and Site Conditions

Planting and landscape installation schedules are subject to appropriate horticultural, soil, weather, and site conditions. Stephen Coan Garden Design may delay, suspend, reschedule, or phase installation work when conditions are not suitable for plant establishment, soil protection, site access, or the long-term success of the landscape.

Short periods of unseasonably warm weather do not necessarily indicate that seasonal planting conditions are appropriate. Installation timing is determined by actual site and seasonal conditions rather than calendar date or temporary temperature changes.

7. Testimonials and Client Reviews

Testimonials, reviews, and client comments appearing on this Website reflect the experiences and opinions of the individuals who provided them.

Individual experiences and project outcomes vary based on the property, project scope, site conditions, budget, timing, client objectives, and other circumstances.

Testimonials and reviews do not constitute a guarantee, warranty, or representation that another client or project will achieve the same or similar results.

8. Availability, Pricing, and Service Information

Service descriptions, availability, project timelines, investment guidance, pricing information, and other business information appearing on this Website are provided for general guidance and may change without notice.

Current availability, scope, fees, schedules, and project terms are established only through direct written communication and the applicable written agreement with Stephen Coan Garden Design.

Nothing published on this Website constitutes a binding offer to provide services at a particular price, within a particular timeframe, or for a particular scope of work.

9. Intellectual Property and Copyright

Unless otherwise indicated, the Website and its original content, including but not limited to text, photographs, graphics, logos, designs, drawings, plans, illustrations, project descriptions, articles, Field Notes, guides, downloadable materials, branding, trade names, and other original materials, are owned by or licensed to Stephen Coan Garden Design and are protected by applicable copyright, trademark, and other intellectual-property laws.

The names Stephen Coan Garden Design, The Coan Method™, associated branding, and other proprietary names, marks, or identifying materials may not be used in a manner that suggests endorsement, affiliation, sponsorship, or authorization without prior written permission.

Except where expressly permitted by applicable law, any reproduction, republication, redistribution, modification, adaptation, display, transmission, commercial use, licensing, resale, creation of derivative works, or other use of copyrighted materials appearing on this Website requires the prior written authorization of Stephen Coan Garden Design or the applicable copyright owner.

This requirement applies to, among other things:

• photographs and project images;
• written Website content;
• blog posts and articles;
• Field Notes;
• guides and downloadable resources;
• drawings, plans, diagrams, and illustrations;
• graphics and visual materials;
• planting concepts and educational materials;
• project descriptions; and
• other original content published on this Website.

Unauthorized use of copyrighted materials without the required prior written authorization may constitute copyright infringement and may subject the person or entity responsible to the civil, equitable, and other remedies available under applicable law.

You may view Website content for your own personal, noncommercial use and may download materials only where the Website expressly provides that functionality or permission. Such use does not transfer ownership rights or grant any license beyond the limited use expressly permitted.

No Website content may be copied, reproduced, republished, distributed, transmitted, modified, sold, licensed, commercially exploited, incorporated into another publication, social media account, marketing material, database, website, or commercial product, or used to create derivative commercial materials without prior written authorization, except as otherwise permitted by applicable law.

All rights not expressly granted are reserved by Stephen Coan Garden Design.

10. Use of Website Content with Artificial Intelligence Systems

Except as permitted by applicable law, Website content may not be systematically copied, scraped, harvested, extracted, reproduced, downloaded, compiled, or otherwise collected for the purpose of creating, training, fine-tuning, developing, improving, testing, supplying, or operating a commercial artificial intelligence model, machine-learning system, automated content-generation service, database, or competing commercial product without the prior written authorization of Stephen Coan Garden Design.

This restriction applies to original written content, photographs, drawings, designs, project descriptions, Field Notes, guides, educational resources, and other copyrighted Website materials.

The use of artificial intelligence tools by Stephen Coan Garden Design does not grant third parties permission to copy, reproduce, scrape, train upon, republish, or otherwise exploit Stephen Coan Garden Design's copyrighted materials.

This provision does not restrict ordinary indexing by legitimate search engines or other uses permitted by applicable law.

11. User Submissions and Communications

When you voluntarily submit information through a Website form, inquiry, application, questionnaire, email signup, gated resource request, newsletter signup, or other communication feature, you represent that the information you provide is accurate to the best of your knowledge and that you have the right to provide it.

Submitting information through the Website does not guarantee acceptance of a project, availability of services, scheduling, or establishment of a professional relationship.

Please do not submit confidential, proprietary, or highly sensitive information through general Website forms unless specifically requested.

Personal information submitted through the Website is handled in accordance with our Privacy Policy.

12. Privacy

Your use of this Website is also subject to our Privacy Policy.

Please review the Privacy Policy for information concerning how Stephen Coan Garden Design collects, uses, stores, or otherwise handles information obtained through the Website.

13. Third-Party Websites and Resources

This Website may contain links to third-party websites, nurseries, organizations, governmental resources, publications, products, manufacturers, contractors, professional resources, social-media platforms, or other external services.

Links are provided for convenience or informational purposes and do not necessarily constitute an endorsement, warranty, sponsorship, or recommendation.

Stephen Coan Garden Design does not control third-party websites or services and is not responsible for their content, availability, accuracy, security, privacy practices, products, services, policies, or actions.

Your use of third-party websites or services is subject to the terms and policies of those third parties.

14. Products, Plants, Materials, and Third-Party Information

References on this Website to particular plants, products, materials, manufacturers, suppliers, techniques, equipment, or other third-party offerings are provided for informational purposes unless expressly stated otherwise.

Product specifications, plant characteristics, availability, pricing, manufacturer instructions, laws, regulations, and other information may change.

You are responsible for confirming current information and determining suitability for your circumstances before purchasing, installing, applying, or using a product, plant, material, or technique based upon general Website information.

15. Website Availability and Security

We make reasonable efforts to maintain the Website but do not guarantee that it will always be available, uninterrupted, secure, free from technical problems, or free from harmful components.

We may perform maintenance, make changes, remove content, modify features, or temporarily or permanently suspend portions of the Website without notice.

Users are responsible for maintaining appropriate security and data-protection measures when accessing the Internet.

16. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

Stephen Coan Garden Design does not warrant that Website content will be complete, accurate, current, error-free, suitable for every location or circumstance, or capable of producing any particular result.

Nothing on this Website constitutes a guarantee of plant survival, plant performance, ecological outcome, construction performance, drainage performance, cost, project schedule, regulatory approval, property value, aesthetic result, or other outcome.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Stephen Coan Garden Design, its owner, employees, representatives, agents, contractors, or affiliates shall not be liable for losses or damages arising from or related to:

• your access to or use of the Website;
• your inability to access or use the Website;
• reliance upon general Website information;
• implementation or misinterpretation of Website content;
• unsuccessful gardening or do-it-yourself projects;
• plant loss or poor plant performance;
• property damage;
• drainage or water-management problems;
• construction or installation problems;
• actions taken based upon third-party information or links; or
• errors, omissions, inaccuracies, or outdated information contained in Website content.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

18. Assumption of Responsibility

You acknowledge that decisions involving your property, garden, landscape, plants, construction, maintenance, products, or other outdoor improvements are ultimately your responsibility unless otherwise specifically addressed in a written professional-services agreement with Stephen Coan Garden Design.

You agree to use reasonable judgment and obtain appropriate professional assistance when conditions require expertise beyond general educational Website information.

19. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Stephen Coan Garden Design and its owner, employees, representatives, agents, contractors, and affiliates from claims, liabilities, damages, losses, and expenses arising from your unlawful use or misuse of the Website, your violation of these Terms, or your infringement of the rights of another person or entity.

Stephen Coan Garden Design reserves the right to control the defense of any matter subject to indemnification.

20. Age and Capacity

By entering into a transaction, submitting an application for professional services, or otherwise taking an action through the Website that requires legal consent, you represent that you are at least 18 years old and legally capable of entering into the applicable agreement.

The Website is not intended to solicit personal information from children.

21. Artificial Intelligence Tools

Stephen Coan Garden Design may use artificial intelligence and generative AI tools as part of the research, drafting, editing, organization, or refinement of certain Website content. All Website content remains subject to the informational limitations and disclaimers contained in these Terms.

22. Governing Law

These Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict-of-law principles, except where applicable federal law controls.

23. Disputes and Venue

To the extent permitted by applicable law, any legal action or proceeding arising specifically from the use of this Website or these Terms shall be brought in a court of competent jurisdiction serving Camden County, New Jersey, or in the applicable United States federal court having jurisdiction over the matter.

You consent to the jurisdiction and venue of those courts to the extent legally permitted.

This provision governs disputes concerning the Website and these Terms. Disputes arising under a separate written professional-services, consultation, design, installation, purchase, or other agreement may be governed by the dispute-resolution provisions contained in that agreement.

24. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be enforced to the greatest extent permitted by law or, where appropriate, severed from these Terms.

The remaining provisions shall remain in full force and effect.

25. No Waiver

Failure by Stephen Coan Garden Design to enforce any provision of these Terms shall not constitute a waiver of that provision or of the right to enforce it in the future.

26. Changes to These Terms

Stephen Coan Garden Design may revise these Terms periodically to reflect changes to the Website, our practices, technology, applicable requirements, or other circumstances.

The revised Terms will be posted on this page with an updated "Last Updated" date.

Your continued use of the Website following publication of revised Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

27. Entire Agreement Regarding Website Use

These Terms, together with the Privacy Policy and any other policies specifically incorporated by reference, constitute the agreement between you and Stephen Coan Garden Design concerning your use of this Website.

These Terms do not supersede or replace separately executed written agreements governing professional landscape design, consulting, installation, plant or material purchases, project management, or other professional services.

28. Contact

Questions regarding these Terms of Use, requests for permission to use copyrighted materials, or requests for written authorization may be submitted to Stephen Coan Garden Design through the contact information provided on this Website.