Terms of Service

SMS Messaging Terms & Compliance

Program Description: This messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with DDM Irrigation through our website at www.ddmirrigation.com, or via our scheduling forms, and have explicitly opted in to receive SMS notifications. Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications.
Cancellation Instructions: You can cancel the SMS service at any time. Simply text “STOP” to the same number that sent you messages. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
Support Information: If you experience issues with the messaging program, reply with the keyword “HELP” for more assistance, or reach out directly to ddmirrigationoffice@gmail.com or call (319) 774-3750 during business hours.
Carrier Liability: Carriers are not liable for delayed or undelivered messages.
Message & Data Rates: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.
Supported Carriers: Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.
Age Restriction: You must be 18 years or older to participate in our SMS program.
Privacy Policy: For privacy-related inquiries, please refer to our Privacy Policy at www.ddmirrigation.com/privacy-policy.

We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of SMS communications.

General Terms

This website (the “Site”) is owned and operated by DDM Irrigation (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from DDM Irrigation.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You

This Site and all the materials available on the Site are the property of DDM Irrigation and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use.

You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. However, you may download and/or print one copy of individual pages for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including comments, blog entries, social media posts, photos, and videos) to us via the Site, internet groups, or other digital venues, you represent that you own the material or have obtained the necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites.

The information, products, and services offered on or through the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.

You agree at all times to indemnify and hold harmless DDM Irrigation, its affiliates, and their respective officers, directors, agents, and employees from any claims, causes of action, damages, liabilities, costs, and expenses arising out of or related to your breach of any obligation, warranty, or representation under these Terms of Service.

Online Commerce

Certain sections of the Site may allow you to purchase products and services from third-party vendors. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a third party linked through the Site, the information obtained during your visit, including payment information, may be collected by both the merchant and us.

Your participation in any dealings with third-party vendors is solely between you and the third party. DDM Irrigation shall not be responsible for any loss or damage incurred as a result of such dealings.

Registration & Passwords

To access certain features of the Site, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.

If you suspect unauthorized use of your account, notify us immediately at ddmirrigationoffice@gmail.com. We are not liable for any loss or damage arising from your failure to comply with this obligation.

Termination

We reserve the right to terminate or suspend your access to the Site, without notice, if we determine that you have violated these Terms of Service or engaged in conduct that we deem inappropriate or unlawful. Upon termination, you must cease all use of the Site and any content obtained from it.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Iowa. Any dispute arising under these Terms shall be resolved exclusively through binding arbitration in that jurisdiction.

Changes To Terms of Service

We may update these Terms of Service from time to time. The latest version will always be available on our website with the effective date.

For any questions regarding these Terms of Service, please contact us at:

DDM Irrigation
640 51st Street, Marion, IA 52302
Phone: (319) 774-3750
Email: ddmirrigationoffice@gmail.com
Website: www.ddmirrigation.com

By using our website and services, you consent to these Terms of Service.

Acceptance and Eligibility

By accessing the Website, submitting a form, or requesting or receiving services from us, you agree to these Terms of Service. If you do not agree, do not use the Website or request services. You must be at least eighteen years old, or the age of majority where you live, to enter into an agreement with us, and you confirm that any information you provide is accurate and that you are authorized to provide it.

Description of Services

We provide the services described on the Website. Descriptions, photographs and examples are provided for general information and are not a guarantee that a specific service, product, brand or outcome is available for your property. The scope of work for any job is set out in the written estimate or agreement you receive from us, which controls if it differs from anything on the Website.

Estimates, Scheduling and Cancellations

Prices shown on the Website, if any, are indicative. A binding price is only the one given in a written estimate for your specific property and scope of work.
Estimates may be revised if site conditions differ materially from those we were able to observe or were told about, or if you change the scope of work.
Appointment times are approximate and may be affected by weather, access, equipment availability and prior jobs running long. We will contact you if a scheduled visit needs to move.
Please give us reasonable notice if you need to cancel or reschedule. Any cancellation or trip charge that applies will be stated in your estimate or agreement before the work begins.

Payment Terms

Unless your written agreement says otherwise, payment is due on completion of the work. Where a deposit is required, the amount and timing will be stated in your estimate. We may charge interest or a late fee on overdue amounts to the extent permitted by law, and you are responsible for reasonable costs of collection. Sales tax is added where applicable.

Access to Your Property

You agree to provide safe and reasonable access to the areas where work is to be performed, to identify known hazards and the location of private underground utilities, invisible fence lines, irrigation lines, low-voltage wiring, septic components and similar buried installations, and to secure pets during our visit. We are not responsible for damage to unmarked private installations that could not reasonably have been located.

Acceptable Use of the Website

You agree not to:

Use the Website for any unlawful purpose or in violation of these terms.
Submit false, misleading or fraudulent information, or impersonate another person.
Attempt to gain unauthorized access to any part of the Website, its systems or its data.
Introduce malware, or interfere with or disrupt the operation of the Website.
Use automated means to scrape, harvest or bulk-collect content or contact information.
Upload files that contain malicious code or that you do not have the right to share.

We may suspend or terminate access to the Website for anyone who breaches these restrictions.

User Submissions

Any photograph, file, review, comment or other content you submit to us must be yours to submit and must not infringe anyone else's rights. By submitting it you grant us a non-exclusive, royalty-free, worldwide license to use it for the purpose of responding to your request and performing the services. We may also use before-and-after photographs of completed work for portfolio and marketing purposes unless you tell us in writing that you prefer we do not.

Third-Party Services and Links

The Website may link to or embed services operated by others, including maps, review platforms, scheduling tools, payment processors and manufacturer resources. Those services are governed by their own terms and privacy policies. We are not responsible for their content, availability or practices, and a link is not an endorsement.

Indemnification

You agree to indemnify, defend and hold harmless DDM Irrigation, its owners, employees and contractors from any claim, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of your use of the Website, your breach of these terms, your violation of any law, or your infringement of any third-party right.

Limitation of Liability

To the fullest extent permitted by law, DDM Irrigation will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, or loss of use, arising out of or related to the Website or these terms, whether based in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages. Our total aggregate liability arising out of the Website will not exceed one hundred dollars. Nothing in these terms limits liability that cannot be limited by law, and this section does not alter the terms of any written service agreement between us for work performed at your property.

Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including severe weather, freeze events, flooding, fire, utility or municipal water interruptions, labor disputes, supply chain shortages, acts of government and network or hosting outages.

Dispute Resolution

If a dispute arises, you agree to contact us first so we can try to resolve it informally. If it cannot be resolved within thirty days, the dispute will be brought exclusively in the state or federal courts located in the county where our principal place of business is located, and you and we each consent to the personal jurisdiction of those courts. Each party is responsible for its own costs unless a court decides otherwise. Any claim must be brought within one year after it arises, to the extent permitted by law.

Severability, Waiver and Entire Agreement

If any provision of these terms is held unenforceable, the remaining provisions stay in effect and the unenforceable provision is modified only to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. These terms, together with our Privacy Policy, Cookie Policy, Disclaimer and any written service agreement, are the entire agreement between you and us regarding the Website.

Assignment

You may not assign or transfer your rights under these terms without our written consent. We may assign these terms in connection with a merger, acquisition or sale of assets.

Notices and Contact

Notices to you may be given by email, text message or by posting on the Website. Notices to us should be sent to:

DDM Irrigation
640 51st Street, Marion, IA 52302
Phone: (319) 774-3750
Email: ddmirrigationoffice@gmail.com