Terms of service

Backyard Expressions Terms of Service

Effective 1/1/2015

Please read these Terms of Service (“Terms”) carefully before using the Backyard Expressions website (“Website”) and any related services provided by Backyard Expressions (“we,” “us,” “our”). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Website.

1. Eligibility and Acceptance

  • Eligibility: You must be at least 18 years old (or have parental or legal guardian consent) to use our Website. By accessing the Website, you represent that you meet this eligibility requirement.
  • Acceptance: Your use of our Website constitutes your agreement to these Terms and any future modifications. If you do not agree to all the Terms, please do not use the Website.

2. Use of the Website

  • Lawful Use: You agree to use the Website solely for lawful purposes and in a manner that does not infringe on the rights of others or restrict their use and enjoyment of the Website.
  • Prohibited Activities: You shall not engage in any activity that may disrupt or interfere with the Website’s functionality, including transmitting harmful, abusive, or illegal content.

3. Account Registration

  • Registration Requirements: Certain features of our Website may require account registration. You agree to provide accurate, complete, and updated information during registration.
  • Security: You are responsible for safeguarding your account information, including your password, and for all activities that occur under your account. Please notify us immediately of any unauthorized use.

4. Product Information and Orders

  • Product Descriptions: Our Website displays product listings for patio furniture, decor, and gardening products. While we strive for accuracy, we do not warrant that product descriptions, prices, availability, or other content are error-free.
  • Order Process: Placing an order constitutes an offer to purchase products subject to these Terms and any additional terms specific to the transaction.
  • Order Cancellation: We reserve the right to cancel or refuse orders at our discretion, including but not limited to situations involving product unavailability, pricing errors, or suspected fraudulent activity.

5. Payment and Billing

  • Payment Terms: You agree to provide valid and current payment information. Payment is required at the time of order placement.
  • Pricing: All product prices are subject to change without notice. Any applicable taxes, fees, and shipping costs will be added during the checkout process.

6. Shipping and Returns

  • Shipping: Shipping costs, estimated delivery times, and methods will be provided during checkout. Risk of loss transfers to you upon delivery to the carrier.
  • Returns: Please refer to our Return Policy for detailed information regarding returns and exchanges. We reserve the right to refuse returns that do not comply with our policies.

7. Intellectual Property

  • Ownership: All content on the Website—including text, images, logos, graphics, and software—is the property of Backyard Expressions or its licensors and is protected by intellectual property laws.
  • Restrictions: You may not reproduce, modify, distribute, or create derivative works from any content on the Website without our prior written consent.

8. User Content

  • License: If you submit any content (such as reviews or comments) to the Website, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content.
  • Responsibility: You are solely responsible for the content you post. You agree not to post content that is unlawful, defamatory, or infringes on any third-party rights.

9. Prohibited Conduct

  • Harmful Behavior: You agree not to engage in behavior that disrupts the Website, such as hacking, data mining, spamming, or transmitting viruses.
  • Impersonation: You may not impersonate any person or entity or falsely represent your affiliation with any person or entity.

10. Disclaimer of Warranties

  • "As Is" Basis: The Website and all products are provided on an “as is” and “as available” basis without any warranties, express or implied.
  • No Guarantees: We do not guarantee that the Website will be error-free, secure, or available at all times.

11. Limitation of Liability

  • No Liability for Indirect Damages: To the fullest extent permitted by law, Backyard Expressions shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website or products.
  • Maximum Liability: Our total liability for any claim related to the Website or products will not exceed the amount you paid for the specific product giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Backyard Expressions, its affiliates, directors, officers, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Website.
  • Any violation of these Terms.
  • Any infringement of any third-party rights by your actions.

13. Termination

  • Right to Terminate: We reserve the right to terminate or suspend your access to the Website at any time, without notice, for conduct that we determine in our sole discretion to be in violation of these Terms or harmful to other users or our business.
  • Survival: Provisions of these Terms that by their nature should survive termination will remain in effect after termination.

14. Changes to Terms

  • Modifications: We may update or modify these Terms from time to time. The most current version will be posted on our Website.
  • Continued Use: Your continued use of the Website after any modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

15. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.
  • Dispute Resolution: Any disputes arising out of or in connection with these Terms or the use of the Website shall be resolved in the courts located in [Your State/Country]. You agree to submit to the personal jurisdiction of these courts.
  • Time Limit: Claims arising from your use of the Website must be brought within one (1) year of the date on which the claim arises.

16. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Backyard Expressions regarding your use of the Website and supersede any prior agreements.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  • No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

17. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Backyard Expressions
Email: [Your Email Address]
Address: [Your Physical Address]

Please note: This Terms of Service Agreement is provided for general informational purposes only and does not constitute legal advice. For legal advice tailored to your specific circumstances, please consult a qualified attorney.

By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.