BACKYARD DREAMS, LLC
LIMITED WARRANTY and TERMS AND CONDITIONS OF SALE
The Products(s) (“Products”) listed in our website and promotional materials are intended solely for the purposes described in our sales and promotional material, on our website, on the applicable Product’s label, and/or on any other documentation accompanying such Product. The Products are also sold subject to and with the benefit of the limited warranties provided by the manufacturers of the Products as outlined herein.
A. TERMS AND CONDITIONS OF SALE
The Terms and Conditions of Sale are limited to those contained herein. Any additional or different terms in any forms delivered by the Customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products described in a Backyard Dreams, LLC (“Backyard Dreams”) invoice or other Backyard Dreams documentation, the Customer agrees to be bound by and accepts these Terms of Sale unless the Customer and Backyard Dreams have signed a separate written agreement, in which case the separate agreement will govern.
For the purpose of these Terms and Conditions of Sale, “Customer” means the person or entity that purchases, places an order or otherwise shops at or from Backyard Dreams.
These Terms and Conditions of Sale constitute a binding agreement between the Customer and Backyard Dreams.
The Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise purchasing goods and/or services from Backyard Dreams. These Terms and Conditions of Sale are subject to change without notice, except that the Terms and Conditions of Sale posted on our website at the time the Customer initially places or modifies an order will govern the order in question.
These Terms and Conditions of Sale constitute the entire agreement between the Customer and Backyard Dreams relating to the Terms and Conditions of Sale of products and/or services by or on behalf of Backyard Dreams. The Customer consents to receiving electronic records, which may be provided via the Internet or e-mail application connected to the Internet.
The Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. The Customer agrees that the Terms and Conditions of Sale contained herein and in a Backyard Dreams invoice or other documentation will control. No other course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto.
B. SHIPMENTS AND RISK OF LOSS
When the Customer places an order and requests that Backyard Dreams arranges shipping, the order will be shipped to an address designated by the Customer as long as that shipping address is compliant with any normal shipping restrictions. The risk of loss for items purchased from Backyard Dreams pass to the Customer upon delivery of the items to the carrier. The Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. The Customer will be responsible for all shipping and related charges unless otherwise agreed in writing with Backyard Dreams.
Backyard Dreams will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product availability, carrier delays, delays due to fire, severe weather conditions, power failure, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government agency.
Backyard Dreams has no control over the usage of any part or Product. The Customer shall read and comply with all safety instructions in specific product documentation, including those shown on this website, and to exercise good judgment as to the proper selection, installation, use and maintenance of any product.
The Customer agrees to defend, indemnify, and hold harmless Backyard Dreams and its officers, members, managers, employees, agents, successors, or assigns from all liabilities, claims, and expenses, including attorneys’ fees, that arise from Customer’s (a) breach of these Terms and Conditions of Sale; (b) the use of any Product or part purchased from Backyard Dreams in any manner contrary to all or any industry and/or Backyard Dreams guidelines, safety advisories, and/or installation and maintenance instructions. Backyard Dreams’ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer, in which event Customer will cooperate with Backyard Dreams in asserting any available defenses.
F. PRICING INFORMATION AND AVAILABILITY DISCLAIMER
All pricing is subject to change. Backyard Dreams reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, raw material price changes and error in advertisements. All orders are subject to product availability. Therefore, Backyard Dreams cannot guarantee that it will be able to fulfill Customer’s orders.
G. ORDERS AND PAYMENT TERMS
Orders are not binding upon Backyard Dreams until accepted in writing by Backyard Dreams. Backyard Dreams reserves the right to refuse service to anyone. Terms of payment are within the sole discretion of Backyard Dreams. The selection of a color choice by the customer is final and may only be changed at the discretion of Backyard Dreams.
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
I. RETURN PRIVILEGES
The Customer agrees to inspect all goods and shipping papers carefully and thoroughly upon delivery. No claim for shortage or damaged goods will be valid or enforceable against Backyard Dreams unless the Customer complies with the Backyard Dreams policy on returns and exchanges. All deliveries are subject to a 20% restocking fee if delivery is refused or Products are returned to Backyard Dreams for a credit or partial credit.
J. THIRD PARTY WARRANTIES
The Customer understands that the Products and certain accessory components purchased by the Customer are not manufactured by Backyard Dreams, in which case the only warranties offered are those of the manufacturer of those Products or accessory components (as the case may be). Backyard Dreams hereby expressly disclaims all warranties either express or implied, related to products manufactured or sold by third parties, including, without limitation, any warranty of merchantability, fitness for particular purpose or non-infringement. This disclaimer does not affect the terms of any manufacturer’s limited warranty.
K. ELIGIBILITY FOR WARRANTY COVERAGE
The Products supplied by Backyard Dreams are sold with the benefit of and subject to the limited warranty (in this paragraph K and paragraphs L and M, “limited warranty”) provided by the manufacturer of the Product. If the Customer discovers that the Product does not conform to the applicable specifications within the period of the limited warranty, the Customer must promptly notify Backyard Dreams in writing within fifteen (15) days of discovery of such defects. Any notification must include proof of purchase, as set forth below. Backyard Dreams will investigate any warranty claims, determine the appropriate course of action in consultation with the manufacturer of the Product and notify the Customer in writing of such determination. Rights under this limited warranty shall not be available unless Backyard Dreams receives such written notification of non-compliance from the Customer within the limited warranty period. The Customer shall examine the Products as soon as reasonably practicable after delivery. The Customer shall immediately notify Backyard Dreams of any incomplete or failed delivery, loss or damage during carriage or if the Products fail to comply with the Product manufacturer’s limited warranty. Unless the Customer so notifies Backyard Dreams within thirty (30) days after the date when the Customer became or ought reasonably to have become aware of any of the above, and in any event before the earlier of (i) three (3) months from the date of dispatch by Backyard Dreams; and (ii) ten (10) days after the Products have been used or put into process, the Customer shall be treated as having waived all claims connected with the matter which should have been notified.
L. APPLICABLE SPECIFICATIONS
The limited warranty is non-transferable and shall apply only to Customer that purchased a new product for personal or business use and not for the purpose of distribution or resale. Any replacement or purchase price credit for non-conforming products is subject to Backyard Dreams’ prior examination of the nonconforming products and its written approval, and is limited by the exclusions set forth below. Any replacement furnished by the manufacturer of the Product in fulfillment of the limited warranty is warranted only for the unexpired portion of the original warranty. Any replacement Products shall carry the same limited warranty from the date it is provided by the manufacturer of the Product. A color variance may occur between replacement Products as a result of normal weathering of the original Products and is not considered a material defect.
M. WHAT IS NOT COVERED BY THIS WARRANTY
Backyard Dreams and the manufacturer of the Product do not warrant any Products damaged by (a) any misuse, tampering or abuse by Customer or any third party; (b) exposure to or application of chemical compounds, including, but not limited to cleaning solvents; (c) exposure to abnormal weather conditions; (d) other alterations, improper installation or treatment including but not limited to wear and tear, or other use contrary to the label or to any instructions provided by Backyard Dreams or normal use restrictions applicable to Products of this type; (e) accident or the negligence of Customer or any third party or by disasters such as fire, flood, wind and lightning; (f) shipment; or (g) release at the request of Customer prior to an inspection and approval of such Products by Backyard Dream’s quality assurance technician. Backyard Dreams will not, under any circumstances, be responsible for installation other similar activities necessary to complete any replacement at an hourly rate of $75/hour. It will be the Customer’s responsibility to follow all guidelines provided by the manufacturer of the Product(s) supplied by Backyard Dreams, including complying with such manufacturer’s limited warranty requirements.
N. INSTALLATION AND MAINTENANCE WARRANTY
Backyard Dreams warrants (“installation warranty”) that its installation services shall conform to the specifications provided by the manufacturer of the Products. The installation warranty is non-transferable and shall apply only to Customer that purchased a new product directly from Backyard Dreams for personal or business use and not for the purpose of distribution or resale, and which was installed solely by Backyard Dreams. If the Customer discovers that the installation does not conform to the applicable specifications, the Customer must promptly notify Backyard Dreams in writing within fifteen (15) days of completion of the installation. Backyard Dreams will investigate any installation warranty claims, determine the appropriate course of action in consultation with the Customer and notify the Customer in writing of such determination. Rights under this limited warranty shall not be available unless Backyard Dreams receives such written notification of non-compliance from the Customer within such fifteen (15) day period. The Customer shall examine the Products as soon as reasonably practicable after delivery and completion of installation. Unless the Customer so notifies Backyard Dreams within such fifteen (15) day period, the Customer shall be treated as having waived all claims connected with the matter which should have been notified.
BACKYARD DREAMS PROVIDES NO WARRANTIES OF ANY NATURE WHATSOEVER FOR MAINTENANCE WORK OR SERVICE WORK PERFORMED BY OR ON BEHALF OF BACKYARD DREAMS.
O. DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH ABOVE, BACKYARD DREAMS MAKES NO WARRANTY OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE PRODUCTS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST CLAIMS BY ANY THIRD PARTY BY WAY OF INFRINGEMENT, PROPERTY DAMAGE, OR PERSONAL INJURY. BY ACCEPTANCE OF DELIVERY OF THE PRODUCTS THE CUSTOMER AFFIRMS THAT HE, SHE OR IT HAS RELIED ON HIS, HER OR ITS SKILL AND JUDGMENT IN SELECTING THE PRODUCTS AND DETERMINING THEIR SUITABILITY FOR HIS, HER OR ITS NEEDS. NO EMPLOYEE, AGENT, DISTRIBUTOR, SALESPERSON, DEALER, RETAILER OR OTHER REPRESENTATIVE OF BACKYARD DREAMS HAS THE AUTHORITY TO MAKE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR TO ALTER OR CHANGE THESE WARRANTIES EITHER ORALLY OR IN WRITING (INCLUDING IN ELECTRONIC COMMUNICATIONS).
P. LIMITATION OF REMEDIES
IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL BACKYARD DREAMS BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY OF THE PRODUCTS OR THEIR USE OR OPERATION, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, MISREPRESNETATION, NEGLIGENCE, TORT OR OTHER LEGAL THEORY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL LIABILITY OF BACKYARD DREAMS EXCEED THE TOTAL AMOUNT PAID BY ANY CUSTOMER FOR THE PRODUCTS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Q. PROOF OF PURCHASE
Backyard Dreams may require proof of the date of purchase of any Products, so the Customer should retain her, his or its sales slip, invoice, purchase order or other evidence indicating date and full details of purchase.
R. STATE LAW AND OTHER JURISDICTION RIGHTS
Some states and other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives the Customer specific legal rights, and the Customer may also have other rights, which vary from jurisdiction to jurisdiction.
S. GOVERNING LAW
These limited warranties and performance of Backyard Dreams obligations shall be governed by the laws of the State of Colorado, without reference to conflicts of law provisions. The Customer submits to the jurisdiction of and agrees that any lawsuit relating to any matter arising under this limited warranty initiated by or on behalf of the Customer shall be initiated in a state or federal court in the County of Denver, Colorado, United States of America. If the Customer is located outside the United States, the provisions of the United Nations Convention for the International Sale of Goods shall be expressly excluded from the terms of sale.
The information contained herein is accurate to the best of Backyard Dreams knowledge, but is not guaranteed and is subject to change without notice. Backyard Dreams reserves the right to make changes to specifications and descriptions of the Products at any time. For additional and up-to-date information, Customers and prospective Customers are urged to visit the Backyard Dreams website, backyard-dreams.com. Backyard Dreams hereby rejects any terms or conditions submitted by a Customer which are in conflict with or enlarge the terms of this Limited Warranty, whether or not Backyard Dreams actually notifies Customer of such rejection or objection.
U. RELEASE OF LIABILITY
The Customer or Participant or Guardian agrees to release, remise, acquit, discharge, covenant not to sue, agree to defend, indemnify, hold harmless Backyard Dreams and all affiliates, officers, members, agents, and employees and other participants with respect to any and all injury, disability, or loss or damage to person or property to the fullest extent of the law.
V. ASSUMPTION OF RISK
The Customer or Participant or Guardian acknowledges that there is an inherently entail both known and unknown risks, and that such participation on trampolines and playsets may lead to physical injury, mental injury, and/or death, including but not limited to, heart attacks, musculoskeletal injury, cardio-respiratory injury, muscle strains, muscle pulls or tears, broken bones, cuts, bruises, scrapes, concussion, head injury, spinal injury, heat exhaustion or heatstroke, feinting, knee/back/foot injuries, eye injuries, illness, soreness, rash, and other diseases, injuries, and/or detriments to Participants physical condition, such as brain injuries or death may result from, including but not limited to, activities and/or exposed springs, hooks, frames and/or other equipment, lack of supervision or training, lack of instruction, lack of protective padding, mats, netting, and/or other safety equipment, slipping or falling on or off equipment, collusion with fixed objects or other persons, jumping, swinging, running, tumbling, climbing, sliding, somersaults, acrobatic maneuvers or stunts, multiple Participants simultaneously participating in activities, physical condition, fitness, and/or abilities of Participants, weather and environmental conditions, actions, omissions, recklessness, negligence on or part of Backyard Dreams and all affiliates, officers, members, agents, and employees and other participants, and any other lack of safety measures.
* APPLICATIONS NOTE: Failure to maintain the product as per Backyard Dreams’ installation guidelines, and manufactures guidelines, will void all warranties relating to wear and tear and performance of the Products.
Backyard Dreams LLC & Outdoor AirTraX
Terms of Service
Welcome to Outdoor AirTrax! We look forward to providing you with the best experience as you use and engage in our Services. Our Services may include a listing of our products, information about our products, an online store through which you may purchase products, a blog, a contact page, an online account with us, and all other information, tools and services found on our Website, www.outdoorairtrax.com. Our Website is operated by Backyard Dreams LLC, and Outdoor AirTraX. Throughout the Website and these Terms of Service, the terms “we”, “us” and “our” refer to Outdoor AirTraX under Backyard Dreams, LLC.
By visiting our site and/or purchasing something from us, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND AGREE TO THEM BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. You agree to check this page periodically for changes. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Go Daddy. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms may lead to a suspension or a permanent ban from utilizing our services, subject you to a lawsuit, damages, and/or other legal remedies.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S).
We may also, in the future, offer new services and/or features through our Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Furthermore, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove any Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the our Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on our Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Website, should be taken to indicate that all information on our Website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you agree that you will not individually, or as part of any collective effort, use our Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website, any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Website, any related website, other websites, or the Internet. We reserve the right to terminate your use of our Website and related Services, or any related website, for violating any of these prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, INCLUDING BUT NOT LIMITED TO, BACKYARD DREAMS LLC, OUTDOOR AIRTRAX, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS ARE NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 14 – INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BACKYARD DREAMS LLC AND OUTDOOR AIRTRAX, AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you our Services shall be governed by the laws of the State of Colorado, U.S.A., without giving effect to any conflict-of-law principles. Any action you bring to enforce these Terms, or any matters related to this Website, must e brought in either the state or federal courts located in Denver County, Colorado, which will have exclusive jurisdiction over any such action. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigation any such action. If any provision of these Terms is unlawful, void, or unenforceable in whole or in part, the remaining provisions will not be affected.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. You agree to check our Website periodically for changes. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. Your continued use of or access to our Website or our Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Should you have questions or feedback concerning these Terms of Service, our Website, our Services, etc. please submit your questions or feedback via email to: [email protected]. Please note that feedback given is not held to be confidential and may be used by us to improve any aspect of our services.