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Terms of Service

Effective Date: February 26, 2026

1. Acceptance of Terms

By accessing and using the Holon Gardens website and services, including the Holon Trust Portal, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. Holon Foundation, a 501(c)(3) non-profit organization based in Houston, Texas, reserves the right to modify these terms at any time. Your continued use of the services constitutes acceptance of any changes.

2. Description of Services

Holon Gardens provides the following services through our Holon Trust Portal and associated platforms:

All services are provided on an "as-is" basis for informational and educational purposes to advance our conservation mission.

3. User Accounts

Registration and Account Requirements

To access certain features of the Holon Trust Portal, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password and account information.

Accuracy of Information

You agree to provide truthful, accurate, and complete information during registration and in all interactions with Holon Foundation. You are responsible for updating your account information if it changes.

Account Security

You are solely responsible for the security of your account and all activities conducted under your account. You agree to notify us immediately of any unauthorized use or suspected breach of your account. Holon Foundation is not liable for any loss or damage arising from unauthorized access to your account.

Account Deletion

You may request account deletion at any time through Account Settings in the portal or by emailing info@holonfoundation.org. The process includes:

4. Steward Application Terms

No Guarantee of Selection

Submission of a Steward application does not guarantee acceptance into the Holon Gardens Steward program. Selection is at the sole discretion of Holon Foundation, based on application materials, qualifications, and program capacity.

Data Usage for Assessment

By submitting a Steward application, you authorize Holon Foundation to use the information provided for program assessment, evaluation, and verification purposes. This may include:

Steward Responsibilities

Accepted Stewards agree to maintain their gardens according to Holon Foundation guidelines, participate in monitoring and documentation, and comply with all applicable laws and regulations.

5. Intellectual Property

All content on the Holon Gardens website and within the Holon Trust Portal—including text, graphics, logos, images, videos, data, and software—is the exclusive property of Holon Foundation or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may view and print content for personal, non-commercial use only. You may not reproduce, modify, distribute, transmit, display, or create derivative works of any content without express written permission from Holon Foundation.

User-generated content submitted to the platform (e.g., garden photos, steward applications, marketplace listings) remains your property, but you grant Holon Foundation a non-exclusive, royalty-free license to use such content for program operations, reporting, and mission advancement.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

Violations of these terms may result in account suspension, removal from the program, and potential legal action.

Enforcement Procedures

Violations are addressed through graduated response:

  1. Warning: First-time or minor violations result in a written warning identifying the specific policy violated.
  2. Temporary Suspension: Repeated or serious violations may result in suspension of portal access (7–30 days).
  3. Account Termination: Severe, repeated, or willful violations may result in permanent termination.

Users are notified of specific violations and given an opportunity to respond before any action beyond a warning. Appeals may be submitted to info@holonfoundation.org within 14 days.

7. Disclaimer of Warranties

The Holon Trust Portal and all services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied. Holon Foundation specifically disclaims:

The portal and tools are provided for informational and educational purposes only. They should not be considered professional ecological or horticultural advice. Users should consult qualified professionals before making restoration decisions or significant investments.

8. Limitation of Liability

To the maximum extent permitted by law, Holon Foundation shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the services, including damages for loss of data, revenue, or profits, even if advised of the possibility of such damages.

Holon Foundation's total liability for any claim shall not exceed $100 or the amount you paid to use the services, whichever is greater.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability, so these provisions may not apply to you.

9. Privacy

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Holon Trust Portal, you consent to the practices described in our Privacy Policy.

We are committed to protecting your data and maintaining compliance with applicable privacy laws.

10. Modification of Terms

Holon Foundation reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the website. We will provide notice of material changes via email or prominent posting on the website when possible.

Your continued use of the services following any modifications constitutes your acceptance of the updated terms. If you do not agree to changes, please discontinue use of the services.

11. Marketplace & Commercial Activity Terms

11.1 Independent Contractor Status

All participants engaging in commercial activities through the Holon Gardens platform (including plant sales, nursery operations, landscape services, consulting, paid events, and marketplace transactions) are independent contractors and not employees, agents, or joint venturers of the Holon Foundation. This classification mirrors the legal protections and obligations established for Transportation Network Companies (TNCs) and Delivery Network Companies (DNCs) under Texas law. The Holon Foundation does not exercise control over the manner, method, or means by which participants conduct their activities.

11.2 Content, Quality & Condition Disclaimer

Holon Foundation does not control, endorse, or guarantee the quality, safety, legality, or pest-free status of any plants, seeds, tools, services, or other items offered by users through the marketplace. Users acknowledge that the platform does not independently confirm the accuracy of listing information. All transactions are between the individual parties. Holon acts solely as a platform facilitator, not a party to any transaction.

11.3 Tax Responsibility

Each user engaging in commercial activities through the platform is solely responsible for identifying, declaring, and paying all applicable local, state, and federal taxes associated with their activities. This includes but is not limited to:

Federal: Self-employment tax (15.3% on net earnings over $400), income tax on business or hobby income, reporting barter transactions at fair market value.

State & Local: Texas sales tax on tangible goods (if applicable), Hotel Occupancy Tax (6% state + 7% Houston municipal) if offering overnight stays or event rentals, and any other applicable state taxes.

Reporting: Income from platform activities is taxable regardless of whether you receive a 1099-K form. The federal 1099-K reporting threshold is $20,000 AND 200 transactions per year (One Big Beautiful Bill Act, 2025). Below this threshold, you are still legally required to report all income.

Holon Foundation does not provide tax advice and is not responsible for any participant's tax obligations. Consult a licensed tax professional for guidance specific to your situation.

11.4 Texas Agricultural Compliance

The Texas Department of Agriculture (TDA) requires a Nursery Floral License for any business that grows or distributes plants with the intent to sell. Participants engaging in commercial plant sales through the marketplace are responsible for obtaining and maintaining any required TDA licenses. A Class M license and Event Permit are required for selling plants at temporary locations. Holon Foundation is not responsible for verifying individual seller compliance with TDA regulations.

11.5 Protected Species & Conservation Compliance

The Holon marketplace employs automated screening to prevent the listing of federally endangered, threatened, or state-protected plant species as defined under the Texas Parks & Wildlife Code Chapter 88, the federal Endangered Species Act (ESA), and the Convention on International Trade in Endangered Species (CITES). By using the marketplace, you agree to the following:

Prohibited Listings: Species listed on the TPWD endangered or threatened plant registries, the USFWS Endangered Species List, or CITES Appendices I and II may not be listed on the marketplace without valid permits. Any attempt to list a protected species will be automatically blocked and logged.

Penalties: Violations of the ESA carry civil penalties of up to $50,000 and criminal penalties of up to $50,000 and 1 year imprisonment per violation. The Lacey Act imposes additional penalties of up to $250,000 for interstate commerce in illegally collected plants. Texas TPWD Chapter 88 violations carry fines of $50–$500 per plant, classified as Class B or Class C misdemeanors.

Conservation Watchlist: Species on conservation watchlists (United Plant Savers At-Risk/To-Watch, TPWD Species of Greatest Conservation Need) require sellers to provide a cultivated-origin attestation confirming that plant material was propagated in a managed nursery setting, not wild-harvested.

Permitted Trade: Users holding valid TPWD Commercial Plant Permits or USFWS permits may contact info@holonfoundation.org to arrange special permit-verified listings. All such listings are subject to manual review.

Herbicide Safety: Users must comply with TDA regulated herbicide requirements when managing vegetation near native plant installations. High-volatile herbicide formulations are prohibited in Harris County. County-specific seasonal restrictions apply. See the Native Plant Conservation & Regulatory Compliance Policy for full details.

Holon Foundation reserves the right to remove any listing, suspend marketplace access, and report violations to TPWD, USFWS, or other relevant authorities. Full details are available in our Native Plant Conservation & Regulatory Compliance Policy.

12. Assumption of Risk & Liability Waiver

12.1 Physical Activities & Property Visits

Participation in Holon Gardens activities — including garden visits, verification walks, community planting events, workshops, seed exchanges, and volunteer activities — involves inherent risks including but not limited to: physical injury from uneven terrain, tools, or manual labor; exposure to allergens, insects, extreme weather, and wildlife; property damage; and interaction with unfamiliar persons. By using the platform and participating in these activities, you voluntarily assume all such risks.

12.2 Release of Claims

To the maximum extent permitted by law, you release and discharge Holon Foundation, its officers, directors, volunteers, employees, and host property owners from any and all claims, demands, or causes of action related to bodily injury, illness, death, or property damage arising from or in connection with your participation in platform-facilitated activities, except in cases of gross negligence or willful misconduct.

12.3 Indemnification

You agree to indemnify, defend, and hold harmless the Holon Foundation and its officers, directors, employees, agents, and volunteers from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the platform, your participation in community activities, your violation of these Terms, or your violation of any law or the rights of a third party.

12.4 HOA & Property Compliance

Holon Foundation provides educational information about Texas Property Code § 202.007 and related homeowner protections for native landscaping. However, Holon does not provide legal advice regarding HOA disputes, deed restrictions, or property compliance. Users are solely responsible for verifying compliance with their property's deed restrictions and HOA rules before converting landscaping. Holon Foundation is not liable for HOA fines, legal disputes, or enforcement actions resulting from landscaping decisions.

13. Dispute Resolution & Arbitration

13.1 Informal Resolution

Before initiating formal dispute resolution, you agree to first attempt to resolve any dispute informally by contacting Holon Foundation at info@holonfoundation.org. Holon will attempt to resolve disputes within 30 calendar days of receipt.

13.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, that cannot be resolved informally shall be resolved by binding arbitration administered under the rules of the American Arbitration Association in Harris County, Texas. The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding.

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative action against Holon Foundation. This waiver applies to all claims, whether in arbitration or in court.

13.4 Marketplace Disputes Between Users

Disputes between marketplace users regarding transactions, trades, or item quality shall be resolved between the parties. Holon provides a mediation request process: (1) Direct communication between parties (72-hour resolution period); (2) Mediation request submitted to Holon community team; (3) If mediation fails, disputes proceed to binding arbitration under Texas rules. Holon reserves the right to suspend marketplace access for participants acting in bad faith.

14. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflicts of law principles. Any disputes arising under or relating to these terms shall be subject to the exclusive jurisdiction of the courts located in Harris County, Texas.

15. Contact & Questions

If you have questions about these Terms of Service, concerns about your account, or wish to report a violation, please contact us:

Holon Foundation
Houston, Texas, USA
Email: info@holonfoundation.org