Terms of Use

1. Agreement to these Terms

Binding agreement. By accessing or using the Site in any way, including browsing its pages, sending a form or chatting with the Chat Assistant, you accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you use the Site on behalf of a business, a homeowners association or another organization, you represent that you are authorized to accept these Terms on its behalf, and "you" includes that organization.

Services are separate. These Terms govern the Site. Tree work, fire mitigation, snow removal, firewood sales and any other services we provide are governed by the estimate or agreement we give you for that job and by Nevada law, as Section 6 explains.

2. Definitions

In these Terms, the following words have the meanings below:

• "Site" means battleborntreeservice.com, including the plain-text versions of its pages, its llms.txt summary files, its downloadable data tables, and any tools, forms, panels, maps and chat features offered on those pages.
• "Content" means all text, guides, frequently asked questions, tree and pest descriptions, descriptions of permit and fire rules, data tables and charts, photographs, graphics, logos, designs, code and other material on the Site, and the selection and arrangement of that material.
• "Services" means tree removal, pruning, stump grinding, emergency work, fire mitigation, lot clearing, snow removal, firewood sales and any other work or goods we provide to a customer.
• "Request" means a free estimate form, contact form or before-you-go panel submission, a chat conversation in which you give your contact details, or an email through which you ask us a question, ask for an estimate or ask us to contact you.
• "Submission" means any information, message, photograph or other material you send us through the Site or by email.
• "Chat Assistant" means Timber, our website chat assistant, an automated program on the Site powered by YelloPost AI.
• "Tools" means the interactive features of the Site, including the tree triage chips, the Lake Tahoe tree diameter checker, the defensible space diagram and the data charts.
• "Battle Born Parties" means Battle Born Tree Service LLC and its owners, employees, agents, successors and assigns, and its service providers.

3. About us

Battle Born Tree Service LLC is a tree service company with its office and yard at 6301 US Highway 50 East, Carson City, NV 89701, telephone 775.232.8243. Our office hours are Monday through Friday, 8:30 am to 5:00 pm. Our phones are answered seven days a week, and we offer 24-hour emergency service. We hold Nevada Business License # 20131580674 and are fully insured, and we have an ISA Certified Arborist (WE-11728A) on staff.

Where we work. We work in Nevada. References on the Site to Lake Tahoe mean the Nevada side of the lake. Appearing on a service area page does not guarantee that we can take a particular job at a particular time.

4. Eligibility and minors

You must be at least 18 years old, or the age of majority where you live, to send a Request. The Site is not directed to children under 13, and we do not knowingly collect personal information from them.

5. The Site is for general information only

Not professional advice. The Content, including information about trees, pruning, removal, pests, permits, defensible space, snow, firewood and costs, and responses from the Chat Assistant, is general information only. It is not arboricultural, engineering, legal, insurance or medical advice, and it is not an assessment of any particular tree or property.

No tree is assessed online. Nobody can tell from a website, a chat or a photograph whether a tree is safe. Nothing on the Site, in the Tools or in the Chat Assistant's replies is a statement that a tree, limb or structure is safe, stable or healthy, or that it is safe to wait. A tree's condition can be judged only by a qualified person who inspects it in person.

Tree work is dangerous. Felling, climbing, rigging, chainsaw work and work near power lines can cause serious injury or death and property damage. The Content does not teach you how to do tree work and is not a substitute for a trained, insured crew. Stay away from any tree or limb that is touching or near a power line, and contact the utility.

Agencies set the rules. Permit requirements, defensible space rules, burn codes, snow removal duties and firewood rules are set by government agencies, fire protection districts, the Tahoe Regional Planning Agency, utilities and homeowners associations, and they can change at any time. If anything on the Site differs from what an agency tells you, follow the agency. We do not decide whether a permit is required.

Data and sources. Data pages and town pages present public data from sources such as the U.S. Census Bureau, the USDA Forest Service, NOAA, the USGS and the National Interagency Fire Center, as of the dates shown. Those figures are estimates produced by their sources, may contain errors or be revised, and describe communities, not your property. Drive times are computed without traffic and are not a promise of arrival time.

Cost information. Any cost figures on the Site are general figures from the public sources cited, for the dates stated. They are not our prices and not a quote.

Accuracy and timeliness. We try to keep the Content accurate and current, but it may contain errors, omissions or outdated information. Content may change without notice.

6. Estimates and services are governed by a separate agreement

Estimates. Our estimates are free and are prepared after we look at the job. An estimate is based on the conditions seen at the time and may change if the conditions or the scope of work change. Nothing on the Site is an offer to perform particular work at a particular price.

Agreement for the job. Any Services we provide are governed by the estimate, proposal or agreement we give you for that job, together with Nevada law. If there is a conflict between the Site and that agreement, the agreement controls for that job. Nothing in these Terms limits any right you have under Nevada law that cannot be waived.

Scheduling. Weather, emergencies, access, equipment and safety conditions affect scheduling. The Site does not promise a response time, an arrival time or a completion date. After severe storms we give priority to emergencies and to existing customers.

Permits and approvals. Unless your agreement with us says otherwise, the property owner is responsible for any permit, homeowners association approval or other consent the work requires.

Firewood and wood chips. Availability and prices of firewood and wood chips are confirmed by our office and are not published on the Site.

7. Emergencies

The Site, the forms and the Chat Assistant are not monitored around the clock and are not a way to report an emergency. If anyone is hurt or in danger, call 911. If a tree or limb is on or near a power line, stay away and call the utility and 911. For a tree that is down, on a structure or blocking access, call us at 775.232.8243.

8. The Tools

The tree triage chips, the Lake Tahoe tree diameter checker, the defensible space diagram and the other Tools are provided for general information and convenience. The triage chips describe what an arborist typically looks at; they do not assess your tree. The diameter checker performs simple arithmetic on the number you enter and compares it with a published threshold; it is a measuring aid, not a ruling, and the Tahoe Regional Planning Agency and the fire protection districts decide what is required. Results depend on what you enter and do not create any obligation on our part.

9. The Chat Assistant

Automated tool. The Chat Assistant is an automated program powered by YelloPost AI. It is not a person, it is not an arborist and it is not a lawyer or an insurance adviser.

May be wrong. Responses from the Chat Assistant are generated automatically. They may be incomplete, out of date or inaccurate, and they may be inconsistent with the Content, with agency rules or with what our team tells you.

Not binding. The Chat Assistant cannot make commitments. Nothing it says is an assessment of a tree, a statement that anything is safe, a price or a quote, a schedule or a response-time promise, a statement of what an agency requires for your property, or legal or insurance advice. Always confirm details with our office.

Passing your details to the office. If you give the Chat Assistant your contact details, it may pass them and a summary of your conversation to our office so that a person can follow up with you, as our Privacy Policy describes.

Your conversations. Chat conversations are processed as described in our Privacy Policy, including by a third-party technology provider. Please do not enter financial account numbers, Social Security numbers, passwords or other sensitive information.

Proper use. You agree not to use the Chat Assistant for purposes unrelated to our Services or our business, to try to make it produce harmful, unlawful or misleading content, or to try to get around its safeguards.

10. Requests and contact

Accurate information. When you send a Request, you represent that the information you provide is accurate to the best of your knowledge, that you are the subscriber or authorized user of the telephone number and email address you provide, and that you own the property or are authorized to ask for an estimate for it.

Contact you ask for. By sending a Request, you ask us to contact you about it by telephone or email using the contact details you provide. We will contact you only about your Request and your job unless you agree otherwise. Agreeing to be contacted is not a condition of buying our Services. You may tell us at any time to stop contacting you.

Delivery of Requests. Requests are delivered by email. We are not responsible for Requests that are not delivered because of spam screening, human verification, technical problems, incorrect contact information or circumstances outside our control. If you have not heard back from us, please call 775.232.8243.

A Request is not a booking. Sending a Request does not reserve a date, create a contract for Services or oblige either of us to go ahead with a job.

11. Submissions and photographs

Your ownership. You keep ownership of your Submissions, including your photographs.

License to us. You grant the Battle Born Parties a non-exclusive, royalty-free license to use, copy, store, transmit and display your Submissions as needed to respond to your Request, prepare estimates, perform Services, keep business records, protect the Site and comply with law. We will not publish your photographs on the Site or in advertising without your permission.

Your responsibility. You represent that you have the right to send each Submission and grant this license, and that your Submissions do not violate anyone's rights or any law. Please do not send photographs that show other people or other people's property unless you have their permission.

12. Acceptable use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates any applicable law or regulation.
• Send false, misleading or fraudulent Requests, or impersonate any person or business or misrepresent your affiliation with anyone.
• Use the forms, the Chat Assistant or our email address to send spam, unsolicited sales pitches, advertising or solicitations.
• Send Requests or chat messages by automated means, or send repeated or duplicate Requests intended to burden our team.
• Interfere with, bypass or attempt to defeat the Site's human verification, spam screening, rate limits or other security features.
• Scrape, copy or harvest Content by automated means, except that search engines and other answer services may index publicly available pages in accordance with our robots.txt file.
• Attempt to gain unauthorized access to the Site, its servers or any information about other visitors, or introduce viruses or other harmful code.
• Use the Site in a way that could damage, disable, overburden or impair it or interfere with anyone else's use of it.
• Frame or mirror the Site, or use our name, logo or Content in a way that suggests we endorse or are affiliated with you.
• Harass, threaten or abuse our team through the Site or the Chat Assistant.
• Encourage or help anyone else to do any of the above.

13. Our intellectual property

Ownership. The Site and its Content are owned by Battle Born Tree Service or its licensors, including our service providers, and are protected by United States and international copyright, trademark and other intellectual property laws. Government data shown on the Site remains in the public domain or subject to its source's terms; our selection, arrangement, tables, charts and commentary are ours.

Limited license to you. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to view and use the Site for your own personal or internal business purposes, such as learning about tree care, planning a project and sharing links to Site pages. You may print or save a reasonable number of pages, and download the data tables we offer, for your own reference, provided you keep all copyright, source and other notices.

Restrictions. Except as allowed above or by law, you may not copy, republish, distribute, modify, create derivative works from, publicly display, sell or otherwise exploit any Content without our prior written permission.

Trademarks. "Battle Born Tree Service," our badge logo and other names and logos on the Site that identify us are our trademarks or trade names. Names and marks of government agencies, utilities, equipment manufacturers, publications, review platforms and other businesses mentioned on the Site belong to their owners and are used only to identify them. Their appearance does not mean that they endorse us or are affiliated with us.

Reservation of rights. All rights not expressly granted in these Terms are reserved.

14. Copyright complaints

We respect the intellectual property rights of others. If you believe that material on the Site infringes a copyright you own or control, please send a written notice by email to [email protected] with the subject line "Copyright Notice," or by mail to Battle Born Tree Service LLC, Attn: Copyright Notice, 6301 US Highway 50 East, Carson City, NV 89701. Consistent with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3), your notice should include:

• A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
• Identification of the copyrighted work you claim has been infringed.
• Identification of the material you claim is infringing, with enough information for us to locate it, such as the page address.
• Your name, mailing address, telephone number and email address.
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.

Counter-notices. If you believe material you provided was removed by mistake or misidentification, you may send us a counter-notice that includes the information described in 17 U.S.C. Section 512(g)(3).

Misrepresentations. Under 17 U.S.C. Section 512(f), a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.

Repeat infringers. Where appropriate, we may remove material and restrict access to the Site for anyone who repeatedly infringes others' copyrights.

15. Third-party links and services

Links. The Site links to third-party websites, including Google Maps, review platforms, social networks, the Better Business Bureau, the Tahoe Regional Planning Agency, NV Energy, fire protection districts, the University of Nevada, Reno Extension and other government and public-data sources. We provide links for convenience only. We do not control, endorse or assume responsibility for the content, accuracy, availability, privacy practices or terms of any third-party website, and your use of one is at your own risk and subject to its terms.

Other businesses. Other tree companies and businesses that may be named on the Site are independent of us. Naming a business is not a statement about the quality of its work, and we are not responsible for any other business's work, prices or conduct.

Search engines and answer services. Other services may index, quote or summarize Content from the Site. We are not responsible for how they present or change it. Please confirm information about us on the Site or by calling us.

Third-party components. Parts of the Site rely on third-party services, such as the embedded Google map, Cloudflare Turnstile and, unless you choose "Essential only," Google Tag Manager. We are not responsible for their availability or performance.

16. Reviews and awards

Reviews and review excerpts shown on the Site are shown word for word as customers posted them publicly on Google or on our previous website. They reflect those customers' individual experiences and opinions and are not a guarantee of the result, price or timing you will receive. Ratings and review counts are shown as of the date stated. Awards and accreditations are described as their publishers describe them, for the years stated.

17. Availability and changes to the Site

We may change, suspend or discontinue any part of the Site, the Content, the Tools or the Chat Assistant at any time without notice and without liability to you. We do not guarantee that the Site will be available at any particular time. When it is not, you can call us.

18. Privacy and accessibility

Our Privacy Policy explains how we collect, use, share and protect personal information, including information collected through the forms, the Chat Assistant, Cloudflare Turnstile and Google tools. Our Accessibility Statement describes the accessibility of the Site and how to get help. If you have difficulty using any part of the Site, please call us at 775.232.8243 and we will help you directly.

19. Suspension of access

We may block, restrict or suspend your access to all or part of the Site, including the forms and the Chat Assistant, at any time and without notice if we reasonably believe you have violated these Terms, are sending spam or solicitations, are harassing our team, or are creating risk or possible legal exposure for us or others.

20. Disclaimer of warranties

THE SITE, THE CONTENT, THE TOOLS, THE CHAT ASSISTANT AND ALL OTHER FEATURES AND INFORMATION MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BATTLE BORN PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE BATTLE BORN PARTIES DO NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, SECURE OR ERROR-FREE; THAT ANY INFORMATION ABOUT TREES, PERMITS, FIRE RULES, DATA OR COSTS IS CORRECT OR CURRENT FOR YOUR PROPERTY; THAT ANY TREE IS SAFE; THAT ANY REQUEST WILL BE RECEIVED OR ANSWERED WITHIN A PARTICULAR TIME; OR THAT ANY RESULT FROM A TOOL OR RESPONSE FROM THE CHAT ASSISTANT WILL BE CORRECT OR SUITABLE FOR YOUR SITUATION.

THIS SECTION APPLIES TO THE SITE ONLY. IT DOES NOT CHANGE ANY RIGHT THAT APPLIES TO SERVICES WE PERFORM FOR YOU, WHICH ARE GOVERNED BY YOUR AGREEMENT WITH US AND APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BATTLE BORN PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE CONTENT, THE TOOLS OR THE CHAT ASSISTANT, OR YOUR USE OF OR INABILITY TO USE ANY OF THEM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE BATTLE BORN PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY TO YOUR USE OF THE SITE. THEY DO NOT APPLY TO SERVICES WE PERFORM FOR YOU, WHICH ARE GOVERNED BY YOUR AGREEMENT WITH US AND APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR FRAUD, WILLFUL MISCONDUCT OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Battle Born Parties from and against any claims, demands, losses, liabilities, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your violation of these Terms; (b) your misuse of the Site; (c) any Submission you send us, including any claim that it infringes a third party's rights; or (d) your violation of any law or the rights of any third party. This Section does not require you to indemnify us for our own negligence or misconduct, and it does not apply to claims about Services we perform for you.

23. Force majeure

We are not responsible for any failure or delay in the operation of the Site caused by events beyond our reasonable control, such as storms, wildfire, power or internet outages, failures of third-party services or acts of government.

24. Informal dispute resolution

We would like to resolve any concern quickly and fairly. Before filing a lawsuit about the Site or these Terms, you and we each agree to first try to resolve the dispute informally. The party raising the dispute should send the other a written notice describing the dispute and the relief requested. Notices to us should be mailed to Battle Born Tree Service LLC, Attn: Dispute Notice, 6301 US Highway 50 East, Carson City, NV 89701, with a copy emailed to [email protected]. For 30 days after the notice is received, the parties will try in good faith to resolve the dispute. After that, either party may proceed as described in Section 25.

This process does not prevent either party from seeking emergency or temporary relief from a court, and it does not shorten any statute of limitations. Nothing in these Terms requires you to arbitrate a dispute or waives your right to participate in a class action.

25. Governing law and venue

Governing law. These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-laws principles that would require the application of another jurisdiction's laws.

Venue. Subject to Section 24, any lawsuit arising out of or relating to these Terms or the Site must be brought in the state courts located in Carson City, Nevada, or in the United States District Court for the District of Nevada, and you and we each consent to the personal jurisdiction and venue of those courts. This Section does not prevent either party from bringing an eligible claim in small claims court.

26. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization or sale of all or part of our business or assets. These Terms bind and benefit the parties and their permitted successors and assigns.

27. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, that provision will be enforced to the maximum extent permissible or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

28. No waiver

Our failure or delay in enforcing any right or provision of these Terms is not a waiver of it. A waiver is effective only if it is in writing and signed by us.

29. Entire agreement and interpretation

These Terms, together with our Privacy Policy and Accessibility Statement, are the entire agreement between you and us about the Site and supersede any prior understandings about the Site. Your estimate or agreement with us governs each job, as Section 6 explains. No statement by the Chat Assistant modifies these Terms or that agreement. Headings are for convenience only. The words "including" and "for example" mean "including without limitation." No provision will be construed against a party because that party drafted it.

30. Notices

Notices to you. We may give you notices by email to the address you have given us, by mail, or by posting on the Site.

Notices to us. Legal notices to us must be sent in writing by mail to Battle Born Tree Service LLC, 6301 US Highway 50 East, Carson City, NV 89701, with a copy emailed to [email protected]. Notices to us are effective when received. For questions about an estimate or a job, please call the office rather than sending a notice.

31. Survival

Any provision of these Terms that by its nature should survive the end of your use of the Site will survive, including Sections 5 through 9, 11, 13 through 16, and 20 through 30.

32. Changes to these Terms

We may revise these Terms from time to time. When we do, we will post the revised Terms on this page and update the effective date at the top. If a change is material, we will provide a notice on the Site for a reasonable period. Revised Terms apply to your use of the Site after they are posted and do not apply to a dispute of which we had actual notice before the change was posted. Your continued use of the Site after revised Terms are posted means that you accept them.

33. Contact

Questions about these Terms, notices and requests may be sent to the addresses below or through our contact page:

• Battle Born Tree Service LLC
• Mail: 6301 US Highway 50 East, Carson City, NV 89701
• Telephone: 775.232.8243. Office hours Monday through Friday 8:30 am to 5:00 pm; phones are answered seven days a week
• Email: [email protected]