GRANT OF LICENSE
The Backyard And Patio Store grants you a single, non-exclusive, limited personal license to access and use the Website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Website.
ACCESSING THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved by The Backyard And Patio Store in writing, you agree not to use any software, program, application or any other device to access or log on to The Backyard And Patio Store’s computer systems, Website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from The Backyard And Patio Store’s computer systems, Website or proprietary software. The Backyard And Patio Store is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Much of the information on the Website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Backyard And Patio Store and our affiliates without express written consent. You may not use The Backyard And Patio Store’s name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying The Backyard And Patio Store in any meta tags, “hidden text,” information used by search engines or other information tools to identify and select sites without the express written consent of The Backyard And Patio Store.
INFORMATION AND PRODUCT DESCRIPTIONS
The Website may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively “Information”) that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the “Information Providers”). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through The Backyard And Patio Store or any other third party transmitting the Information (the “Information Transmitters”). You agree that neither The Backyard And Patio Store, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither The Backyard And Patio Store, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Website. You understand that none of the Information available through the Website constitutes a recommendation or solicitation to take or not take any particular action.
Further, The Backyard And Patio Store does not warrant that product descriptions on the Website are accurate, complete, reliable, current or error-free. If a product offered by The Backyard And Patio Store itself is not as described, your sole remedy is to return it promptly in unused condition.
The Website may permit you to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of your content. The Backyard And Patio Store reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant The Backyard And Patio Store and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials and/or content throughout the world in any media. You grant The Backyard And Patio Store and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Backyard And Patio Store or its affiliates for all claims resulting from content you supply. The Backyard And Patio Store has the right but not the obligation to monitor and edit or remove any activity or content. The Backyard And Patio Store takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, The Backyard And Patio Store is free to use any ideas, concepts, know-how or techniques contained in any communication you send to The Backyard And Patio Store for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
OTHER BUSINESSES AND LINKS
Parties other than The Backyard And Patio Store and its subsidiaries may operate stores, provide services or sell product lines on this site. In addition The Backyard And Patio Store may provide a link to other services or sites as part of the Website. Such sites are not under the control of The Backyard And Patio Store, and The Backyard And Patio Store makes no representations or warranties whatsoever of the offerings of, any of these Website, businesses or individuals or the content of their Website. Unless we expressly state otherwise, the fact that The Backyard And Patio Store has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of The Backyard And Patio Store so long as the link does not portray The Backyard And Patio Store, their affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use the Tr-Supply logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to The Backyard And Patio Store in any way that suggests The Backyard And Patio Store has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THIS WEBSITE IS PROVIDED BY THE BACKYARD AND PATIO STORE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BACKYARD AND PATIO STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BACKYARD AND PATIO STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BACKYARD AND PATIO STORE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THIS WEBSITE OR THE BACKYARD AND PATIO STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BACKYARD AND PATIO STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold The Backyard And Patio Store and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys’ fees, made by any third party arising out of your violation of these Terms.
The Website, its content and compilation of content, and all software used on the Website is owned by The Backyard And Patio Store or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to The Backyard And Patio Store or its affiliates or agents. The materials provided in this service, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of The Backyard And Patio Store’s its affiliates’ or its third party information providers’ copyrights and other proprietary rights.
“The Backyard And Patio Store” and other marks (including graphics, logos, page headers, button icons, scripts and service names) indicated on our Website are trademarks or trade dress of The Backyard And Patio Store in the United States and other countries. The Backyard And Patio Store’s trademarks and trade dress may not be used in connection with any product or service that is not The Backyard And Patio Store’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Backyard And Patio Store or the Website. All other trademarks not owned by The Backyard And Patio Store that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Backyard And Patio Store.
MODIFICATIONS TO THE WEBSITE
The Backyard And Patio Store reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website with or without notice. You agree that The Backyard And Patio Store will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Website. You further agree that The Backyard And Patio Store, in its sole discretion and with or without notice, may terminate your access to any or all of the Website, and remove and discard any information or content within the Website. You also agree that The Backyard And Patio Store will not be liable to you or any third-party for any termination of your access to the Website.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by The Backyard And Patio Store or through any Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to The Backyard And Patio Store, PO Box 5548, Beaumont, TX, 77726. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, The Backyard And Patio Store will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Backyard And Patio Store’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Backyard And Patio Store’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:
The Backyard And Patio Store LLC Legal Department
PO Box 5548
Beaumont, TX 77726