Effective date: May 15, 2026 Last updated: May 15, 2026
Welcome to Loamy. These Website Terms of Use (“Website Terms”) govern your access to and use of the public Loamy marketing website at loamy.app and any other public marketing, informational, or promotional web property Loamy makes available under the loamy.app domain (collectively, the “Website”). The Website is operated by Loamy Inc., a Delaware corporation (“Loamy,” “we,” “us,” or “our”).
These Website Terms are NOT the Loamy Terms of Service. The signed-in Loamy product, including buying and selling Materials, placing and fulfilling Orders, processing payments, coordinating deliveries, and using any other transactional or account-based features, is provided at app.loamy.app and is governed by a separate agreement called the Loamy Terms of Service (the “Platform Terms”). The Platform Terms also incorporate the Loamy Privacy Policy. If you create an account, sign in, or otherwise use any transactional feature of Loamy at app.loamy.app, the Platform Terms — not these Website Terms — control that use.
Please read these Website Terms carefully. They include important information about your legal rights, including, in Section 12, a binding individual arbitration provision and class action waiver that apply to disputes arising out of your use of the Website. By accessing or using the Website, you agree to be bound by these Website Terms and the Loamy Website Privacy Notice. If you do not agree, do not access or use the Website.
These Website Terms apply only to your access to and use of the Website at loamy.app. They do not apply to:
The data Loamy collects about you when you visit the Website is described in the Loamy Website Privacy Notice, which is incorporated into these Website Terms by reference. The Loamy Privacy Policy applicable to signed-in users of the Platform is a separate document.
If you sign in to or otherwise use the Loamy product at app.loamy.app, you are also bound by the Platform Terms and Loamy Privacy Policy with respect to that use. In the event of any conflict between these Website Terms and the Platform Terms regarding your use of the signed-in product, the Platform Terms control as to the signed-in product, and these Website Terms control as to your use of the public Website.
Loamy operates an online marketplace that connects buyers of bulk landscaping materials (such as soil, mulch, compost, and stone) with independent suppliers and delivery merchants. Loamy is a marketplace facilitator only and is not a party to any transaction between buyers and suppliers or merchants. A complete description of the marketplace relationship, including Loamy’s role, the role of merchants and suppliers, and the limitations on Loamy’s responsibilities, is set out in the Platform Terms.
The Website at loamy.app is Loamy’s public-facing marketing and informational site. The Website provides general information about Loamy, the marketplace, available materials and services, pricing concepts, supplier and buyer onboarding, support resources, blog and educational content, contact information, and similar public content. No transactions occur on the Website. All transactions take place on the signed-in product at app.loamy.app.
The Website is intended for adults 18 years of age or older. By accessing the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements. The Website is intended for users located in the United States; if you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local law.
Subject to your compliance with these Website Terms, Loamy grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Website for your personal, non-commercial informational use. This license does not include any right to:
All rights not expressly granted in these Website Terms are reserved by Loamy and its licensors.
You agree not to:
Loamy may suspend, restrict, or terminate your access to the Website at any time, with or without notice, for any reason or no reason, including any actual or suspected violation of these Website Terms.
The Website and all of its content (other than User Submissions described in Section 7), including text, graphics, photographs, illustrations, logos, icons, button icons, audio clips, video clips, software, design, layout, “look and feel,” and the selection, arrangement, and compilation of the foregoing, are the property of Loamy or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property and unfair-competition laws.
“Loamy” and the Loamy logo, color palette, design marks, and any other Loamy trademarks displayed on the Website are trademarks of Loamy Inc. You may not use any Loamy trademark without Loamy’s prior written consent. Other product and company names referenced on the Website may be trademarks of their respective owners; Loamy claims no rights in any third-party marks.
If you believe content on the Website infringes a copyright you own or control, please send a written notice to legal@loamy.app with the subject line “Copyright Infringement Notice” that includes the information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), or that otherwise enables Loamy to identify and evaluate the alleged infringement.
The Website may allow you to submit information through public-facing surfaces, including a contact form, a support inquiry form, a sales or partnership inquiry form, a newsletter or mailing-list signup, a blog or article comment area, or similar features (“User Submissions”). User Submissions through the Website are not Loamy account credentials, transactional data, or “User Content” as those terms are defined in the Platform Terms.
By submitting a User Submission, you represent and warrant that (a) you own or have all necessary rights in and to the User Submission, (b) the User Submission does not infringe the rights of any third party, and (c) the User Submission is not unlawful, defamatory, fraudulent, or otherwise prohibited under Section 5.
You grant Loamy a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, store, reproduce, display, distribute, modify, and create derivative works of any User Submission for the purpose of operating, providing, improving, and promoting Loamy’s business, the Website, and the Platform, and for fraud prevention, security, dispute investigation, and legal compliance. Where a User Submission constitutes commercial, transactional, or account-related information, Loamy’s handling of that information is described in the Loamy Website Privacy Notice and, if applicable, the Loamy Privacy Policy.
Loamy does not undertake to review every User Submission and is not responsible for the content of User Submissions. Loamy may, in its sole discretion, refuse to publish, edit, modify, or remove any User Submission, in whole or in part, at any time and without notice.
The Website may contain links to, embed content from, or otherwise reference third-party websites, services, applications, products, or resources, including links to Loamy’s social media profiles, partner websites, blog references, news coverage, and similar third-party content (collectively, “Third-Party Resources”). Loamy does not control, operate, endorse, or assume any responsibility for any Third-Party Resource. Your use of any Third-Party Resource is solely between you and the operator of that resource and is governed by that resource’s own terms of service and privacy policy. Loamy is not responsible or liable for any content, products, services, advertising, or other materials made available through any Third-Party Resource.
THE WEBSITE AND ALL CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
LOAMY MAKES NO WARRANTY OR REPRESENTATION REGARDING:
INFORMATIONAL DESCRIPTIONS OF THE LOAMY MARKETPLACE PUBLISHED ON THE WEBSITE ARE PROVIDED FOR GENERAL INFORMATION ONLY AND ARE NOT BINDING OFFERS, REPRESENTATIONS, OR WARRANTIES. THE BINDING TERMS GOVERNING USE OF THE LOAMY MARKETPLACE ARE SET OUT IN THE PLATFORM TERMS AND THE LOAMY PRIVACY POLICY, BOTH OF WHICH ARE AVAILABLE AT THE SIGNED-IN PRODUCT AT APP.LOAMY.APP. IN THE EVENT OF ANY CONFLICT BETWEEN A DESCRIPTION ON THE WEBSITE AND THE PLATFORM TERMS OR LOAMY PRIVACY POLICY, THE PLATFORM TERMS OR LOAMY PRIVACY POLICY (AS APPLICABLE) CONTROL.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent any such warranty cannot be excluded as a matter of law, the exclusions in this Section 9 apply to the maximum extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOAMY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “LOAMY PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE WEBSITE TERMS OR YOUR USE OF THE WEBSITE, EVEN IF FORESEEABLE AND EVEN IF A LOAMY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOAMY PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE WEBSITE TERMS OR YOUR USE OF THE WEBSITE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
The limitations in this Section 10 apply to the fullest extent permitted by applicable law and apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such damages cannot be excluded or limited as a matter of law, the limitations in this Section 10 apply to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the Loamy Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:
Loamy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Loamy. You agree to cooperate with Loamy’s defense of any such claim. You may not settle any such claim without Loamy’s prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND LOAMY ARISING OUT OF YOUR USE OF THE WEBSITE TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Before initiating any arbitration or legal proceeding against Loamy arising out of your use of the Website, you agree to first attempt to resolve the dispute informally by sending a written notice describing the dispute (a “Notice of Dispute”) to legal@loamy.app. The Notice of Dispute must include your name, a description of the dispute, and the relief you are seeking. Loamy and you agree to use good-faith efforts, including (where reasonable) a telephone or video conference, to resolve the dispute for at least thirty (30) days after the Notice of Dispute is received before either party initiates arbitration. This thirty-day period is a condition precedent to arbitration.
If the dispute is not resolved during the thirty-day informal resolution period, you and Loamy agree that any dispute, claim, or controversy arising out of or relating to these Website Terms or your use of the Website — including their formation, performance, breach, or termination, and including statutory, common-law, and equitable claims — will be resolved by binding individual arbitration administered by JAMS under its then-current Streamlined Arbitration Rules (or, where applicable, its Comprehensive Arbitration Rules) (the “Rules”). The Rules are available at www.jamsadr.com.
The arbitration will be conducted by a single arbitrator. The seat of the arbitration is Wilmington, Delaware, but the arbitration may be conducted by telephone, video conference, or in writing, or in any other location agreed by the parties.
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that any claim that all or part of the Class Action Waiver in Section 12.4 is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction.
This Section 12 does not require arbitration of:
YOU AND LOAMY EACH AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE WEBSITE TERMS OR YOUR USE OF THE WEBSITE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. YOU AND LOAMY EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding. The arbitrator may award only individual relief and may not award relief that would affect any person who is not a party to the arbitration.
If a court determines that the Class Action Waiver in this Section 12.4 is unenforceable as to a particular claim or particular relief, that claim or relief (and only that claim or relief) shall be severed and brought in a court of competent jurisdiction; all other claims and relief shall remain subject to arbitration.
You have the right to opt out of this arbitration agreement by sending a written notice of your decision to opt out to legal@loamy.app within thirty (30) days of the date you first accept these Website Terms. Your notice must include your full name, the email address you use to contact Loamy through the Website, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 12.2 does not apply to you, but the Class Action Waiver in Section 12.4 still applies, and disputes will be resolved in the courts identified in Section 13.
This Section 12 survives any termination of your access to the Website and any termination of these Website Terms.
These Website Terms and any dispute arising out of or relating to these Website Terms or your use of the Website are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 12.
Subject to Section 12, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware for any matter not subject to arbitration.
Loamy may modify, suspend, or discontinue the Website or any feature of the Website at any time, with or without notice. Loamy is not liable to you or any third party for any modification, suspension, or discontinuation of the Website.
Loamy may modify these Website Terms at any time. If Loamy makes a material modification, Loamy will provide notice through the Website, by email if Loamy has your email address on file, or by other reasonable means. Modifications take effect on the date stated in the notice (or, if no date is stated, the date of the notice). Your continued use of the Website after the effective date of any modification constitutes your acceptance of the modified Website Terms. If you do not agree to a modification, you must stop using the Website.
Loamy’s collection, use, and sharing of information from your use of the Website is described in the Loamy Website Privacy Notice, which is incorporated into these Website Terms by reference. The Loamy Website Privacy Notice is a separate document from the Loamy Privacy Policy, which governs Loamy’s handling of information from your use of the signed-in product at app.loamy.app.
If you contact Loamy through the Website (for example, through a contact form, a support inquiry form, or a sales inquiry form), you consent to receive electronic communications from Loamy by email or other electronic means in response to your inquiry. If you opt in to a Loamy newsletter or mailing list, you consent to receive promotional and informational communications from Loamy, and you may opt out at any time using the unsubscribe mechanism in those communications or by contacting support@loamy.app.
Notices to Loamy under these Website Terms must be sent to:
Loamy Inc. Attn: Legal 8 The Green, Ste B Dover, DE 19901 legal@loamy.app
General questions, support inquiries, and unsubscribe requests may be sent to support@loamy.app.
Entire Agreement. These Website Terms, together with the Loamy Website Privacy Notice and any other policy referenced in these Website Terms, constitute the entire agreement between you and Loamy regarding your use of the Website and supersede any prior or contemporaneous agreements regarding the Website. These Website Terms do not modify, supersede, or replace the Platform Terms or the Loamy Privacy Policy, each of which continues to govern its respective subject matter.
Severability. If any provision of these Website Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
No Waiver. Loamy’s failure to enforce any provision of these Website Terms is not a waiver of that provision or of any other provision.
Assignment. You may not assign or transfer these Website Terms or any rights under them without Loamy’s prior written consent. Loamy may assign these Website Terms in whole or in part at any time without notice.
No Agency. Nothing in these Website Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Loamy.
Force Majeure. Loamy is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, severe weather, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or third-party service failures.
Headings. Section headings are for convenience only and do not affect the interpretation of these Website Terms.
Survival. Sections that by their nature should survive termination of your access to the Website will survive, including Sections 6, 7 (with respect to User Submissions previously submitted), 9, 10, 11, 12, 13, and 17.
No Third-Party Beneficiaries. Except as expressly stated, these Website Terms do not create any third-party beneficiary rights. Any third-party beneficiary rights set out in the Platform Terms apply only to the Platform Terms and do not extend to these Website Terms.
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