1. Acceptance of Terms

By accessing or using TonsAndYards.com (the “Website”), you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service (“Terms”). If you do not agree to these terms in their entirety, you are strictly prohibited from using our calculators, takeoff sheets, and reference materials.

2. Permitted Use & Intellectual Property

Tons & Yards grants you a revocable, non-exclusive, non-transferable, limited license to access and use our interactive calculation engines and print takeoff sheets for your personal or commercial construction estimating workflows. You may not:

• Scrape, reverse-engineer, decompile, or extract the client-side JavaScript calculation algorithms for incorporation into competing commercial software.
• Frame, replicate, or mirror the Website without prior written authorization from Tons & Yards.
• Automate excessive programmatic queries that interfere with server performance or degrade user experience.

3. Field Tolerances & Material Variance Disclaimers

Users explicitly recognize and agree that construction and landscaping materials are subject to severe natural and jobsite variations that no algorithm can predict with absolute certainty:

• Aggregate Density Variations: Quarry stone densities (#21A, DGA, #57 limestone) vary based on moisture content, geological origin, and crushing spec by as much as ±10% to ±15%.
• Subgrade Irregularities & Spillage: Excavations are rarely laser-flat. Uncompacted subgrade dips, over-excavation, formwork bowing, and wheelbarrow spillage will increase concrete and aggregate requirements by 5% to 15%.
• Soil Swell & Compaction Mechanics: In-situ soil volume expands dramatically upon excavation (swell factor: 15% to 35% depending on clay content) and fill dirt compacts significantly under pneumatic rollers.
• Packaging Discrepancies: Concrete pre-mix bags (80-lb, 60-lb, 40-lb) and mulch bags (2.0 cu ft) are filled within manufacturing weight tolerances that can cause marginal yield differences.

4. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall TonsAndYards.com, its owners, operators, engineers, authors, or affiliates be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your use of our calculators.

This includes, without limitation, financial losses resulting from:

• Over-ordering or under-ordering raw materials from quarries, concrete ready-mix plants, or garden centers.
• Short-load transit delivery fees, demurrage charges, or concrete pump delay penalties.
• Structural failures, foundation settling, retaining wall blowouts, or patio frost heaving resulting from improper base depths, inadequate drainage, or insufficient structural reinforcement.
• Project delays, labor downtime, contractor change orders, or municipal building code violations.

5. Verification with Licensed Trade Professionals

Before purchasing materials, excavating soil, or pouring concrete, users must verify all requirements with:

• Certified local building inspectors regarding municipal frost lines, footing depths, and setback requirements.
• Licensed structural engineers for retaining walls exceeding 4 feet in height, multi-story foundations, and heavy vehicular load pavements.
• Material suppliers and quarry scale masters regarding current load densities, moisture adjustments, and minimum batch sizes.

6. Third-Party Links & Advertisements

The Website displays third-party advertisements via Google AdSense and may link to external contractor resources, home improvement centers, or material manufacturers. We do not endorse, guarantee, or assume responsibility for any third-party products, services, pricing, or advice.

7. Indemnification

You agree to defend, indemnify, and hold harmless TonsAndYards.com, its officers, directors, and developers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your violation of these Terms or your reliance on material takeoff calculations.

8. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

9. Modifications to Terms

We reserve the right to revise and update these Terms at any time without prior notice. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

10. Contacting Legal Counsel

For inquiries regarding these Terms of Service or commercial licensing rights, please contact our administrative desk at legal@tonsandyards.com or support@tonsandyards.com.