Terms of Service

These Terms of Service ("Terms") govern your use of the website https://dixiesupplyyard.com and the products, services, and communications offered by Dixie Supply Yard, LLC ("Dixie Supply Yard," "we," "us," or "our"), a Kentucky limited liability company located at 10538 Dixie Highway, Walton, KY 41094.

By using our website, requesting a quote, placing an order, opting in to receive text messages from us, or otherwise transacting with us, you agree to these Terms. If you do not agree, do not use our services.

1. About Our Services

Dixie Supply Yard is a bulk landscape material supply yard serving Northern Kentucky and the Greater Cincinnati area. We sell decorative rock, mulch, topsoil, aggregates, and related landscape and hardscape materials, with pickup at our Walton, KY yard and delivery available within our service area.

2. Eligibility

To use our services, you must be at least 18 years old and capable of entering into a legally binding agreement. By placing an order, you represent that the information you provide is accurate and that you have the authority to enter into this agreement, including authority to authorize delivery to the address you provide.

3. Quotes, Pricing, and Orders

3.1 Quotes

Quotes are provided as good-faith estimates based on the product, quantity, and delivery information you supply. Quotes are valid for the period stated on the quote, or for thirty (30) days if no period is stated. Pricing is subject to change based on actual quantity loaded, market price changes, fuel surcharges, and verified delivery distance.

3.2 Order Acceptance

Submission of a quote request, online form, text message, or verbal order does not by itself create a binding contract. An order is accepted when we issue an order confirmation, schedule a pickup or delivery, or otherwise confirm acceptance in writing. We reserve the right to refuse any order for any lawful reason.

3.3 Pricing and Payment

• All prices are in U.S. dollars and are exclusive of applicable Kentucky sales tax unless otherwise stated.
• Payment is due at the time of pickup or upon delivery unless prior credit terms have been agreed to in writing.
• We accept the payment methods listed at our yard or on our invoices. Returned checks and chargebacks are subject to a fee plus the cost of collection.
• Past-due balances accrue interest at the lesser of 1.5% per month or the maximum rate allowed by Kentucky law. Customer is responsible for reasonable collection costs and attorneys' fees on past-due accounts.

4. Delivery, Pickup, and Site Access

4.1 Delivery Scheduling

Delivery dates and time windows are estimates, not guarantees. Weather, equipment availability, road conditions, and prior-stop variability may delay deliveries. We will make reasonable efforts to communicate delays.

4.2 Site Access and Customer Responsibilities

You are responsible for:

• Providing safe, legal, and reasonable access to the delivery location, including adequate space for the delivery truck (typically a tri-axle dump truck or similar).
• Identifying and disclosing any underground utilities, sprinkler lines, septic fields, leach fields, drain tile, or other underground features in the delivery path or dump area.
• Identifying and disclosing any overhead obstructions (low wires, branches, etc.) and any low-weight surfaces (driveways, sidewalks, decorative pavers, septic lids, well caps) that may be damaged by the truck or material.
• Confirming the dump location, either in person at the time of delivery or by clearly marking the site in advance.
• Securing pets, children, and any obstructions before the truck arrives.

4.3 Pickup Orders

Customers picking up material at our yard are responsible for ensuring their vehicle and trailer are rated for the load weight, that loads are properly secured before leaving the yard, and that local and state weight, securement, and tarping laws are followed. We are not responsible for damage to customer vehicles or trailers caused by overloading or by loads that are not properly rated for the equipment in use.

4.4 Returns and Refunds

Bulk landscape materials are not returnable once loaded onto a vehicle, dumped at a delivery site, or otherwise transferred from our yard. If you believe there is a quality issue with a product, contact us within 48 hours of pickup or delivery and we will work in good faith to resolve the issue, which may include credit, replacement, or other reasonable remedy at our discretion.

5. SMS Text Message Program Terms

These SMS Program Terms apply to anyone who opts in to receive text messages from Dixie Supply Yard. By providing your mobile number and opting in (whether through our website form, by replying to a confirmation message, by signing a written agreement, or by texting us first from your mobile phone), you agree to these SMS Program Terms in addition to the rest of these Terms of Service. Consent to receive SMS messages is not a condition of any purchase.

5.1 Program Description

The Dixie Supply Yard SMS program provides customer-service text communications related to your interactions with us, including:

• Quote and order confirmations
• Delivery scheduling, dispatch, and arrival notifications
• Pickup readiness notifications
• Payment receipts and outstanding balance reminders
• Customer-service responses to your inquiries
• Occasional re-order or seasonal product reminders, only if you have explicitly opted in to those

5.2 Message Frequency

Message frequency varies based on your activity. Active orders typically generate 1–10 messages per order. Active customers typically receive an estimated 2–20 messages per month. We do not send a fixed-frequency promotional or marketing campaign.

5.3 Charges

Message and data rates may apply. All charges associated with text messages are billed by your mobile wireless carrier and are your sole responsibility. Check your mobile plan for details.

5.4 Carriers and Carrier Disclaimer

The program is available on most major U.S. mobile carriers, including but not limited to AT&T, T-Mobile, Verizon Wireless, U.S. Cellular, Boost, Cricket, MetroPCS, and Google Fi. Supported carriers may change without notice.

Carriers are not liable for delayed or undelivered messages. Delivery of any particular message is not guaranteed.

5.5 How to Opt Out (STOP)

You may cancel the SMS program at any time by texting STOP to any message you receive from Dixie Supply Yard. After you send STOP, you will receive one final confirmation message acknowledging that you have been unsubscribed. After that confirmation, you will not receive any additional SMS messages from us unless you opt in again.

Opting out of SMS will not prevent us from contacting you by phone, voicemail, email, or postal mail about your orders or account.

5.6 How to Get Help (HELP)

If you experience any issues with the SMS program, reply HELP to any of our text messages for help. You may also contact us directly at info@dixiesupplyyard.com or by phone at (859) 780-5855.

5.7 Mobile Number Changes

If you change or deactivate the mobile number you provided to us, you agree to update your contact information with us promptly. You agree that we are not responsible for messages sent to a number you have changed but failed to update with us, and you agree not to hold us liable for messages or charges resulting from your failure to update your number.

5.8 No Sharing of Mobile Data for Marketing

6. Acceptable Use of Website and Communications

You agree not to:

• Use our website, forms, phone, or SMS channels to send unlawful, harassing, threatening, or abusive content;
• Submit false or misleading information, including false names, addresses, or contact details;
• Place orders fraudulently or with intent not to pay;
• Attempt to gain unauthorized access to any portion of our website, accounts, or systems;
• Use automated tools (bots, scrapers, etc.) to interact with our website or communications channels.

7. Intellectual Property

All content on our website — including text, graphics, logos, photographs, product descriptions, and the overall site design — is owned by or licensed to Dixie Supply Yard and is protected by U.S. copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or distribute any content without our prior written permission, except that you may print or download materials for your personal or internal business use related to a quote or order with us.

8. Disclaimers

Our website and services are provided "as is" and "as available." To the maximum extent permitted by Kentucky law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except for express warranties stated in writing in a signed agreement, invoice, or product description.

Color, size, and texture of natural landscape materials (mulch, rock, soil, gravel) vary by lot, season, weather, and screen rendering. Photographs and online product images are illustrative only. We do not guarantee that material delivered will match a particular sample, photograph, or batch unless expressly agreed in writing.

9. Limitation of Liability

To the maximum extent permitted by Kentucky law, our total cumulative liability to you arising out of or relating to any product, service, delivery, or communication shall not exceed the amount you paid us for the specific product, service, or delivery giving rise to the claim. We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption, even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dixie Supply Yard, LLC and its members, officers, employees, drivers, and agents from any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your breach of these Terms, (b) inaccurate or misleading information you provided to us (including delivery location, site conditions, or weight ratings of surfaces), (c) damage caused by underground or overhead conditions you failed to disclose, or (d) your unlawful use of our website or services.

11. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws principles.

Venue: Any dispute arising out of or relating to these Terms or our services shall be brought exclusively in the state or federal courts located in Boone County, Kentucky, or the U.S. District Court for the Eastern District of Kentucky, and you consent to the jurisdiction of those courts.

Informal Resolution First: Before filing any formal claim, you agree to first contact us at info@dixiesupplyyard.com and provide us with a reasonable opportunity (at least 30 days) to resolve the issue informally.

12. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. Material changes will be posted to our website. Your continued use of our website, services, or SMS program after the effective date of any update constitutes acceptance of the updated Terms.

13. Contact Information

Questions about these Terms or our SMS program?

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