Looking for a quick overview? Check out this summary of our terms & conditions. While it's not legally binding, it'll give you the key points of the document in plain English.
Effective date: April 1, 2025 Last updated: April 1, 2025
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between DAVIS REGENERATIVE, LLC, a limited liability company organized under the laws of the state of New Hampshire (“Davis Regenerative”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Davis Regenerative’s website: davisregenerative.com (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Davis Regenerative shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Davis Regenerative for services or products rendered shall remain and continue to be an ongoing obligation owed by Client to Davis Regenerative.
Unless otherwise indicated, the Website is the property of Davis Regenerative, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, maps, diagrams, guides, templates, worksheets, checklists, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Davis Regenerative and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Davis Regenerative’s express prior written permission. Davis Regenerative reserves all rights in the Website, Content, and Marks.
Notwithstanding Davis Regenerative’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all permaculture designs, site plans, maps, implementation strategies, digital guides, templates, worksheets, checklists, and related materials created on Client’s behalf or purchased as digital products (“Projects”) belong to Client for personal use, and Client shall be the sole owner of the copyright for all Projects, subject to the license terms below. In the event that any operation of law would cause Davis Regenerative to become the owner of a Project, in whole or in part, rather than Client, Davis Regenerative irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Davis Regenerative as examples or as material to be incorporated into a Project during the design process (e.g., property data, photographs, or topographical information) are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Davis Regenerative reserves the right to share the Client’s design work or reference purchased digital products publicly (e.g., on social media, website, etc.) unless agreed upon as stated in Section 19 of this document.
For digital products such as guides, templates, worksheets, and checklists, Client is granted a non-exclusive, non-transferable, revocable license to use the digital products for personal, non-commercial use. Client may not resell, redistribute, or share these digital products with third parties without express written permission from Davis Regenerative. Lifetime access and free updates to digital products are provided as part of the purchase, as specified at the time of sale.
In the event that any Project or digital product incorporates resources, tools, or materials (e.g., plant species recommendations, water management systems, software tools, or third-party content in guides) that are not owned by Davis Regenerative and require a commercial license or permission for Client to legally use, implement, or distribute the Project or digital product (“Third-Party Resources”), Davis Regenerative will inform Client in writing that one or more Third-Party Resources have been incorporated and that Client will need to obtain necessary permissions or licenses from the rights-holder(s) of said Third-Party Resources. Said notice will include information sufficient for Client to identify which permissions or licenses are required and who to contact in order to obtain them. So long as Davis Regenerative has informed Client of the incorporation of Third-Party Resources as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to obtain necessary permissions or licenses for any Third-Party Resources incorporated into a Project or digital product.
By using the Website, Client represents and warrants that:
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Davis Regenerative on behalf of the Client or the purchase of digital products for personal use. Further, Client agrees to refrain from the following:
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Davis Regenerative, and Davis Regenerative is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Davis Regenerative shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Davis Regenerative for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
Davis Regenerative reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Davis Regenerative further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website, including access to digital products or subscriptions. Such decision shall be in the sole discretion of Davis Regenerative, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Davis Regenerative and shall be designed to protect Davis Regenerative’s rights and property.
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States which govern personal data collection, use, or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Davis Regenerative does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Davis Regenerative without parental consent, Davis Regenerative shall delete that information as soon as reasonably practical.
Davis Regenerative offers permaculture design services that include comprehensive site analysis, water management planning, zone planning, plant selection, implementation strategies, digital files, printed materials, online tools, guides, and access to our support team via Slack. Clients may choose between two payment options:
Both payment options provide the same comprehensive design services and deliverables. The choice between subscription payments or full payment does not affect the quality or scope of the design work provided.
Davis Regenerative offers a monthly “Permaculture & Homesteading Tools All Access Pass” subscription for $19/month (before VAT and taxes). This subscription provides access to a suite of tools, resources, or content related to permaculture and homesteading, as specified at the time of subscription. The subscription renews monthly until canceled by the Client.
Davis Regenerative offers digital guides for a one-time purchase price. These guides include a comprehensive PDF, design pattern templates, site assessment worksheets, implementation checklists, and free lifetime updates. Upon purchase, Client is granted immediate access to download and use the digital products under the license terms outlined in Section 2.1.
After the initial permaculture design subscription is complete, Client may opt into a monthly maintenance subscription for ongoing support, which includes continued access to the implementation support team via Slack. The cost of this maintenance subscription is typically approximately 25% of the total design cost.
Davis Regenerative reserves the right to change, alter, modify, amend, or remove anything or any content on the Website, including digital products, tools, or subscription offerings, for any reason at its sole discretion. Davis Regenerative reserves the right to modify or discontinue all or part of the Website, including access to digital products or subscriptions, without notice and without liability to Client. In the event of a discontinuation of a subscription service (e.g., “All Access Pass”), Client will retain access until the end of the current billing cycle.
Davis Regenerative does not guarantee or warrant that the Website, digital products, or subscription services will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Davis Regenerative’s control. Client agrees that Davis Regenerative shall not be liable to Client for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website, digital products, or subscription services during any interruption in the connection or service.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to conflict of law principles.
Any legal action of whatever nature shall be brought in the state courts of Rockingham County, New Hampshire or in the United States District Court for the District of New Hampshire. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
The Website, digital products, and subscription services are provided on an as-is, as-available basis. Client agrees that its use of the Website, digital products, and Services are at Client’s sole risk. Davis Regenerative disclaims all warranties, express or implied, in connection with the Website, digital products, and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Davis Regenerative makes no warranties or representations about the accuracy or completeness of the Website, digital products, or any content thereon or content of any websites linked to the Website and Davis Regenerative assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Davis Regenerative’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website, digital products, or subscription services. Davis Regenerative does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
Davis Regenerative and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website, digital products, subscription services, or implementation of the permaculture design. Client agrees to defend, indemnify, and hold harmless Davis Regenerative and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website, digital products, or subscription services; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Davis Regenerative reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Davis Regenerative hereunder. Client agrees to cooperate with the defense of such claims.
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website, including property data, photographs, or other materials provided for the design process or subscription services. Davis Regenerative shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Davis Regenerative from any such loss or corruption.
Client hereby consents to receive electronic communications from Davis Regenerative and Client agrees that all agreements, notices, disclosures, and other communications sent via email, Slack, or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Davis Regenerative or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
If Client opts for a 2-day site visit package as part of the permaculture design subscription, Davis Regenerative will conduct on-site assessments, including soil and water testing, drone footage, and other data collection. Client is not required to be present during the design process, as Davis Regenerative can complete designs remotely using satellite imagery, topographical data, and video calls. However, a site visit may enhance the accuracy of the design, and its inclusion will be determined after an initial assessment of the Client’s property.
Davis Regenerative reserves the right to share design work, reference purchased digital products, or showcase subscription outcomes on digital channels, including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Davis Regenerative, which in turn would void the right of Davis Regenerative to share or discuss Client’s work or purchases publicly.
Referral tracking and payouts, if applicable, are handled through a third-party partner. Details will be provided upon request.
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Davis Regenerative. Failure of Davis Regenerative to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and Davis Regenerative.
For any questions or complaints regarding the Website, digital products, or services, please contact Davis Regenerative at: hello@davisregenerative.com.