OC LIBERTY FLAGS

TERMS AND CONDITIONS OF SERVICE

Last Updated: June 2026

These Terms and Conditions ("Agreement") govern participation in the OC Liberty Flags subscription flag service ("Service") operated by OC Liberty Flags ("Company," "we," "our," or "us"). By purchasing, renewing, or participating in the Service, Customer ("Customer," "you," or "your") agrees to be bound by these Terms and Conditions.

1. SERVICE DESCRIPTION

OC Liberty Flags provides residential holiday flag display services, including the installation and removal of Company-owned flag displays at participating properties.

The Company retains sole ownership of all flags, poles, sleeves, hardware, and related equipment used in connection with the Service.

The Company reserves the right to modify routes, schedules, holidays served, equipment, and service procedures at any time.

2. CUSTOMER AUTHORIZATION

Customer represents that they are the owner of the property or have authority to authorize installation at the service address.

Customer grants Company permission to enter the property for purposes of installation, maintenance, replacement, and removal of flag displays.

Customer further authorizes Company to access front yard areas reasonably necessary to perform the Service.

3. INSTALLATION LOCATION

Company reserves the right to determine the final installation location based upon safety, visibility, accessibility, landscaping conditions, irrigation systems, soil conditions, and operational considerations.

Company may decline installation if conditions are unsafe or unsuitable.

4. UNDERGROUND UTILITIES AND IRRIGATION SYSTEMS

Customer acknowledges that underground improvements may exist on the property, including but not limited to:

  • Sprinkler systems

  • Irrigation lines

  • Drainage systems

  • Landscape lighting

  • Electrical wiring

  • Communication wiring

  • Invisible pet fencing

  • Water lines

  • Gas lines

  • Utility lines

  • Other underground improvements

Customer is solely responsible for identifying, marking, and disclosing any underground improvements prior to installation.

Company does not perform underground utility locating services and relies entirely on information provided by Customer.

Customer assumes all risks associated with undisclosed underground improvements.

Company shall not be liable for damage to any underground improvement, irrigation system, sprinkler line, wiring, utility, or drainage system that was not specifically disclosed and identified before installation.

5. LAWN AND LANDSCAPING CONDITIONS

Customer understands that installation and removal may result in ordinary and unavoidable disturbance to:

  • Soil

  • Grass

  • Mulch

  • Decorative rock

  • Flower beds

  • Landscaping materials

Examples include:

  • Small holes in soil

  • Temporary lawn compression

  • Minor grass discoloration

  • Soil displacement

  • Minor landscaping disturbance

Such conditions are considered normal and do not constitute property damage.

Company shall not be liable for ordinary lawn or landscaping disturbance associated with installation or removal activities.

6. CUSTOMER PROPERTY CONDITIONS

Customer agrees to maintain safe and reasonable access to the installation area.

Company may postpone, decline, or discontinue service if:

  • Gates are locked

  • Vehicles block access

  • Loose pets are present

  • Construction activities create hazards

  • Unsafe conditions exist

No refund shall be owed where service cannot be completed due to property conditions beyond Company's control.

7. CHILDREN AND PETS

Customer is responsible for ensuring that children, pets, and other occupants remain clear of Company personnel during installation and removal activities.

Company shall not be liable for injuries resulting from Customer's failure to maintain a safe work area.

8. WEATHER, SCHEDULING, AND MISSED INSTALLATIONS

Company will use commercially reasonable efforts to install and remove flags according to its holiday schedule.

Customer acknowledges that delays, schedule changes, or missed installations may occur due to:

  • Weather conditions

  • High winds

  • Equipment failures

  • Staffing shortages

  • Illness

  • Traffic conditions

  • Human error

  • Acts of God

  • Circumstances beyond Company's control

Company does not guarantee installation or removal at any specific time or date.

If Company inadvertently misses an installation or removal, Company may, at its sole discretion, provide a service credit, replacement installation, or other reasonable accommodation.

Such accommodation shall be Customer's sole and exclusive remedy.

9. THEFT, VANDALISM, AND THIRD-PARTY ACTS

Company shall not be responsible for damage, loss, theft, vandalism, or destruction of equipment caused by:

  • Third parties

  • Neighbors

  • Animals

  • Landscaping contractors

  • Vehicles

  • Weather

  • Natural events

  • Criminal acts

10. DAMAGE CLAIM REPORTING REQUIREMENT

ANY CLAIM RELATING TO PROPERTY DAMAGE, SERVICE QUALITY, INSTALLATION, REMOVAL, OR PERFORMANCE OF THE SERVICE MUST BE REPORTED TO COMPANY IN WRITING WITHIN SEVENTY-TWO (72) HOURS OF THE EVENT OR DISCOVERY OF THE ALLEGED DAMAGE.

The written notice must include:

  • Customer name

  • Service address

  • Description of the claim

  • Date discovered

  • Supporting photographs if available

FAILURE TO PROVIDE WRITTEN NOTICE WITHIN SEVENTY-TWO (72) HOURS SHALL CONSTITUTE A COMPLETE WAIVER OF THE CLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. ASSUMPTION OF RISK

Customer understands that outdoor flag displays are subject to weather, wildlife, landscaping activities, third-party interference, and other environmental conditions.

Customer voluntarily assumes all ordinary risks associated with participation in the Service except to the extent caused by Company's gross negligence or willful misconduct.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE CURRENT ANNUAL SUBSCRIPTION TERM.

IN NO EVENT SHALL COMPANY BE LIABLE FOR:

  • CONSEQUENTIAL DAMAGES

  • INCIDENTAL DAMAGES

  • SPECIAL DAMAGES

  • INDIRECT DAMAGES

  • PUNITIVE DAMAGES

  • EXEMPLARY DAMAGES

  • EMOTIONAL DISTRESS DAMAGES

  • LOSS OF ENJOYMENT

  • LOST PROFITS

  • LOSS OF BUSINESS OPPORTUNITIES

WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Nothing herein shall limit liability where prohibited by law.

13. ONE-YEAR LIMITATION PERIOD

ANY CLAIM, DEMAND, ARBITRATION, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM.

ANY CLAIM NOT COMMENCED WITHIN SUCH PERIOD SHALL BE PERMANENTLY BARRED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. SUBSCRIPTION TERM

The Service is sold on an annual subscription basis.

Subscription fees are due in advance and are non-refundable except where required by law.

15. AUTOMATIC RENEWAL

BY PURCHASING A SUBSCRIPTION, CUSTOMER AUTHORIZES COMPANY TO AUTOMATICALLY CHARGE THE PAYMENT METHOD ON FILE FOR EACH SUCCESSIVE ANNUAL RENEWAL TERM UNLESS CUSTOMER CANCELS PRIOR TO THE RENEWAL DATE.

Customer may cancel future renewals at any time before the renewal charge is processed.

Company shall provide any notices required under California's Automatic Renewal Law.

16. REFUNDS

Except where required by law, subscription fees are non-refundable once service for the subscription year has commenced.

Partial use of the Service does not entitle Customer to a partial refund.

17. INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless Company and its owners, officers, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, losses, expenses, costs, and attorneys' fees arising out of:

  • Conditions existing on Customer's property

  • Undisclosed underground improvements

  • Customer's breach of this Agreement

  • Customer negligence

  • Third-party claims relating to the property

18. INFORMAL DISPUTE RESOLUTION

Prior to initiating arbitration or legal proceedings, Customer shall provide written notice of the dispute and allow Company thirty (30) days to investigate and attempt informal resolution.

No arbitration or legal proceeding may be initiated until this process has been completed.

19. BINDING ARBITRATION

Except for matters properly brought in Small Claims Court, any dispute, claim, controversy, or cause of action arising out of or relating to the Service, these Terms and Conditions, or the relationship between Customer and Company shall be resolved exclusively through final and binding arbitration.

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

The arbitration shall take place in Orange County, California, unless otherwise required by applicable law.

The arbitrator shall have exclusive authority to determine issues relating to the interpretation, enforceability, applicability, and formation of this Agreement.

20. WAIVER OF JURY TRIAL

CUSTOMER AND COMPANY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

21. CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.

CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN:

  • Class Actions

  • Class Arbitrations

  • Representative Actions

  • Mass Actions

  • Private Attorney General Actions

Claims may not be consolidated with those of any other customer.

22. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles.

23. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

24. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Customer and Company and supersede all prior communications, representations, and agreements regarding the Service.

25. CUSTOMER ACKNOWLEDGMENT

BY PURCHASING, RENEWING, OR PARTICIPATING IN THE SERVICE, CUSTOMER ACKNOWLEDGES AND AGREES THAT:

  • Customer has read and understands these Terms and Conditions.

  • Customer accepts responsibility for identifying underground improvements.

  • Customer authorizes Company to enter the property for installation and removal.

  • Customer agrees to the automatic renewal provisions.

  • Customer agrees to the arbitration provisions.

  • Customer agrees to the class action waiver.

  • Customer accepts the limitations of liability contained herein.

  • Customer voluntarily assumes the ordinary risks associated with outdoor flag display services.