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Use.
Terms of Use
Effective Date: These Terms of Use were last revised on
January 13th, 2025.
Consent
Our website (https://www.Backyard Products.com/, (“Website”,
“Sites”) may provide interactive services, including chatbot, managed chat and
session replay technology. By accessing our website, you consent to recordation
and retention of all communications with you, including your activity, in order
to provide services, enhance your Website experience, and for quality and
verification purposes. We may work with trusted service providers to analyze,
store, and/or use this data on our behalf.
These terms of use (“Terms of Use”) apply to your use of our
website owned or operated by Backyard Products, LLC and its subsidiaries and
affiliates (“Backyard Products”, “we”, or “us”). By using the Website, you
agree to be bound by and are bound by the current version of these Terms of
Use. Backyard Products may revise or delete any portion of these Terms of Use
at any time with or without notice and your continued use of the Sites
constitutes your agreement to the then-current Terms of Use. The Sites may
contain links to other websites, including payment processing websites. Backyard
Products does not endorse and is not responsible for such other websites and
you are responsible for reviewing and complying with such other websites’ terms
of use and privacy policies.
For information regarding Backyard Products privacy
practices, please see Backyard Products privacy policy.
THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION
AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF
USE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND BACKYARD PRODUCTS. IN
ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING, WITH NO RIGHT OF
APPEAL. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT
PROCEDURES.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION
WAIVER IS SET FORTH IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
Acceptable Use
Our website is only intended for your personal use. It is a violation of these Terms of Use to use for illegal purposes; copy, sell, resell, or exploit for commercial purposes any portion of our website; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our website; use or attempt to use any device or mechanism to navigate or search to collect information from our website to be used for any commercial purpose; interfere or attempt to interfere with the proper working of our website; reverse engineer or attempt to reverse engineer any of the software comprising or in any way making up a part of our website; use any incomplete, false, or inaccurate biographical information or other information for purposes of creating an account; use our website in a manner that is distasteful, offensive or controversial, tortious, or abusive; and/or assist or permit any persons in engaging in any of the activities described above.
Registered User Accounts, Passwords, and Security
Portions of our website may require that you register an account with Backyard Products. You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify Backyard Products of any unauthorized use of your password or any other breach of security about which you may be aware.
Products and Pricing
All descriptions of products and product pricing on our website are subject to change at any time without notice and at the sole discretion of Backyard Products. The technology you are using to view our website may impact the accuracy of the display of any images of products offered on our website. Backyard Products does not warrant that the description of any product or any other content on our website is accurate, complete, reliable, current, or error-free. Backyard Products reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of order confirmation or shipping notice. Unless expressly stated otherwise in writing, any sale of any product on our website is intended for end-user customers only and the resale or export of any such product is prohibited.
Intellectual Property
Our website and all content (except the Backyard Products
Trademarks, defined below) are the property of Backyard Products or its
licensors (“Backyard Products Property”). Backyard Products gives you a
limited, nonexclusive, revocable, non-assignable, non-sublicensable,
non-transferrable, license to use the Backyard Products Property for your own
personal use. Any other use of the Backyard Products property is prohibited.
You are prohibited from copying, reproducing, modifying, distributing,
displaying, performing or transmitting any of the Backyard Products Property
for any purposes. All trademarks, logos, service marks and trade names of Backyard
Products are the property of Backyard Products (“Backyard Products
Trademarks”). Any use of the Backyard Products Trademarks without Backyard
Products pre-approval in writing is prohibited.
If the functionality is available on our website, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms of Use and does not contain any commercial solicitation, mass mailing, or other form of “spam.” If you chose to submit any such submission, you hereby grant Backyard Products a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferrable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and create derivate works of such submission worldwide in any form and on any media.
Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on our website in a manner that constitutes copyright infringement, please provide our copyright agent in writing with: (i) a description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly infringing material on our website that you are requesting be removed; (iii) your name, telephone number, and email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to our copyright agent at 317 S. Main St., Ann Arbor, MI 48104 customerservice@backyardproducts.com.
Limitation of Liability
IN NO EVENT WILL BACKYARD PRODUCTS OR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD-PARTY
PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO OUR WEBSITE, YOUR USE OF OUR WEBSITE,
YOUR ACCESS OR INABILITY TO ACCESS OUR WEBSITE, OR ANY PRODUCT PURCHASED ON OUR
WEBSITE, EVEN IF BACKYARD PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES.
IN NO EVENT WILL BACKYARD PRODUCTS TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, OR ANY CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY
RELATED TO THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR ANY OTHER BASIS
EXCEED FIFTY DOLLARS ($50.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, BACKYARD PRODUCTS LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
THE USE OF OUR WEBSITE IS PROVIDED AS-IS. BACKYARD PRODUCTS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKYARD PRODUCTS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Indemnity
You agree to indemnify Backyard Products and its officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, made by any third party due or arising out of your use of our website or your violation of any rights of any third party.
Arbitration and Class Action Waiver
Binding Individual Arbitration. If you and Backyard Products
have a dispute that cannot be resolved through negotiation within the time
frame described below, other than those matters listed in the “Exclusions from
Arbitration” subsection, you and Backyard Products agree to seek resolution of
the dispute through binding arbitration of that dispute in accordance with the
terms of this paragraph. Arbitration means that the dispute will be resolved by
a neutral arbitrator instead of in a court by a judge or jury. The arbitrator
may award damages to you individually as a court could, including declaratory
or injunctive relief, but only to the extent required to satisfy your
individual claim. Unless the arbitrator finds the arbitration was frivolous or
brought for an improper purpose, Backyard Products will pay all filing,
American Arbitration Association, and arbitrator’s fees and expenses. If the
arbitrator issues you an award that is greater than the value of Backyard Products
last written settlement offer made before an arbitrator was selected (or if Backyard
Products did not make a settlement offer before an arbitrator was selected),
then Backyard Products will pay you the amount of the award or $7,500 U.S.
Dollars, whichever is greater, and pay your attorney, if any, the amount of
attorneys’ fees, and reimburse any expenses (including expert witness fees and
costs)that you or your attorney reasonably accrue for investigating, preparing
and pursuing your claim in arbitration. Backyard Products waives any right to
seek an award of attorneys’ fees and expenses in connection with any
non-frivolous arbitration between you and Backyard Products.
Exclusions from Arbitration. YOU AND BACKYARD PRODUCTS AGREE
THAT ANY CLAIM FILED BY YOU OR BY BACKYARD PRODUCTS IN SMALL CLAIMS COURT IS
NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THESE TERMS OF USE. Notice of
Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH BACKYARD PRODUCTS, YOU MUST
SEND WRITTEN NOTICE TO: Backyard Products, LLC OFFICE OF GENERAL COUNSEL, 317
S. Main St., Ann Arbor, MI 48104, TO GIVE YOU AND BACKYARD PRODUCTS THE
OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to
good faith negotiations to resolve a dispute for no less than sixty (60) days
after your notice of dispute. Upon the conclusion of such sixty (60) day
period, either party may pursue arbitration with the American Arbitration
Association(“AAA”) pursuant to its rules. Arbitration rules and forms may be
obtained from AAA at http://www.adr.org.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS,
WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS
AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN
A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION,
UNLESS BOTH YOU AND BACKYARD PRODUCTS SPECIFICALLY AGREE IN WRITING TO DO SO,
FOLLOWING INITIATION OF THE ARBITRATION.
Location of Arbitration. Arbitration may take place at any
place within the United States that is reasonably convenient for you. For
claims of $10,000 or less, you may choose whether the arbitration proceeds in
person, by telephone, or based only on submissions.
Severability. IF THE “CLASS ACTION WAIVER” CLAUSE IS FOUND
TO BE ILLEGAL OR UNENFORCEABLE, THIS ENTIRE ARBITRATION AND CLASS ACTION WAIVER
SECTION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT
LOCATED IN DALLAS, TEXAS AND YOU AND BACKYARD PRODUCTS EACH AGREE TO WAIVE IN
THAT INSTANCE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
Content Use Agreement
You represent and warrant that you own all content or have
been granted a license to use the content and that no third party claim for
ownership exists. You grant Backyard Products a non-exclusive, non-revocable
and perpetual commercial right to reproduce the content in any form (including,
but not limited to, video, internet posting, reproduction, display, email,
publication, and distribution), either through our own services or services
provided by third parties, throughout the world in any medium now known or
later developed and without restriction or limitation. Use of your content may
include being used alone or in conjunction with sketches, cartoons, captions,
films, artwork, textural matter or other photographs. While Backyard Products
will make commercially reasonable efforts to give you credit for your content
and provide a link back to your Facebook, Instagram or Twitter account when
applicable, you agree that such credit is not mandatory and our use of your
content is not contingent upon such credit being given.
You waive any right to inspect and/or approve the finished
work incorporating the content or the advertising copy that may be used in
connection therewith or the use of which said finished work may be applied.
Further, you waive any claims to royalties with regards to your content or our
finished work.
Last, you agree that if any provision, or any portion of any
provision, contained herein is determined to be invalid under any statute or
rule of law, then it shall, to that extent alone, be deemed omitted, and the
remainder of this Terms of Use shall remain in full force and effect.
If you don’t agree to these terms, we completely understand
and no further action is required. Thanks again and please email us at customerservice@backyardproducts.com
if you have any questions.
Termination
Backyard Products may, in its sole discretion, terminate these Terms of Use, your access to our website and/or your account with or without notice and with or without cause. This Section, the Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Indemnity, Arbitration and Class Action Waiver, and Miscellaneous Sections will survive any termination of these Terms of Use.
Miscellaneous
These Terms of Use are governed by and will be construed in accordance with the laws of the State of Michigan, excluding its conflict of law rules. These Terms of Use constitute the entire agreement between Backyard Products and you with respect to your use of our website. If any portion of these Terms of Use is held invalid, the remaining portions will remain in full force and effect. These Terms of Use may be only modified by (i)Backyard Products posting a revised version to our website, or (ii) in writing by an authorized Backyard Products representative. Backyard Products failure to enforce any portion of these Terms of Use will not in any way waive Backyard Products rights to subsequently enforce these Terms of Use.
Notices / Contact Backyard Products
The Backyard Products US mobile message service (the
"Service") is operated by Backyard Products, LLC (“Backyard Products”,
“we”, or “us”). Your use of the Service constitutes your agreement to these
terms and conditions (“Mobile Terms”). We may modify or cancel the service or
any of its features without notice. To the extent permitted by applicable law,
we may also modify these Mobile Terms at any time and your continued use of the
Service following the effective date of any such changes shall constitute your
acceptance of such changes.
By consenting to Backyard Products US’s SMS/text messaging
service, you agree to receive recurring SMS/text messages from and on behalf of
Backyard Products US through your wireless provider to the mobile number you
provided, even if your mobile number is registered on any state or federal Do
Not Call list. Text messages may be sent using an automatic telephone dialing
system or other technology. Service-related messages may include updates,
alerts, and information (e.g., order updates, account alerts, etc.).
Promotional messages may include promotions, and other marketing offers (e.g.,
cart reminders).
You understand that you do not have to sign up for this
program in order to make any purchases, and your consent is not a condition of
any purchase with Backyard Products US. Your participation in this program is
completely voluntary.
Backyard Products does not charge for the Service, but you
are responsible for all charges and fees associated with text messaging imposed
by your wireless provider. Message frequency varies. Message and data rates may
apply. Check your mobile plan and contact your wireless provider for details.
You are solely responsible for all charges related to SMS/text messages,
including charges from your wireless provider.
You may opt-out of the service at any time. Text the single
keyword command STOP to +18334161294 or click the unsubscribe link (where
available) in any text message to cancel. You'll receive a one-time opt-out
confirmation text message. No further messages will be sent to your mobile
device, unless initiated by you. If you have subscribed to other Backyard
Products US mobile message programs and wish to cancel, except where applicable
law requires otherwise, you will need to opt out separately from those programs
by following the instructions provided in their respective mobile terms.
For customer service support or assistance, please email customerservice@backyardproducts.com
We may change any short code or telephone number we use to
operate the service at any time and will notify you of these changes. You
acknowledge that any messages, including any STOP or HELP requests, you send to
a short code or telephone number we have changed may not be received and we
will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the service are not
liable for delayed or undelivered messages. You agree to provide us with a
valid mobile number. If you get a new mobile number, you will need to sign up
for the program with your new number.
To the extent permitted by applicable law, you agree that we
will not be liable for failed, delayed, or misdirected delivery of any
information sent through the Service, any errors in such information, and/or
any action you may or may not take in reliance on the information or service.
For any questions about the sites, you may contact Backyard
Products at customerservice@backyardproducts.com.