TERMS AND CONDITIONS OF USE
Last edited on March 24, 2019
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
Backyard Oasis Superstore MAY MODIFY THIS USER AGREEMENT AT ANY TIME WITHOUT NOTICE, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THIS WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AND YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Use of this Website
You understand that, except for information, products or services clearly identified as being supplied by Backyard Oasis Superstore, Backyard Oasis Superstore does not operate, control or endorse any information, products or services on the Internet in any way. Except for Backyard Oasis Superstore-identified information, products or services, all information, products and services offered through this Website or on the Internet generally are offered by third parties, that are not affiliated with Backyard Oasis Superstore. You also understand that Backyard Oasis Superstore cannot and does not guarantee or warrant that files available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET. Backyard Oasis Superstore PROVIDES THIS WEBSITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE RESOURCES, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH OUR RESOURCES OR ON THE INTERNET GENERALLY, AND Backyard Oasis Superstore SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR RESOURCES OR ON THE INTERNET GENERALLY. Backyard Oasis Superstore DOES NOT WARRANT THAT OUR RESOURCES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE RESOURCES WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Backyard Oasis Superstore HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS
Responsible Use and Conduct
By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use our Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) the Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our information, resources, services, products, and tools is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any http://backyardoasisarizona.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
You agree to indemnify and hold harmless Backyard Oasis Superstore, its directors, officers, managers, employees, affiliates, donors, agents, licensors, suppliers and any third-party information providers to our Resources from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement (including negligent or wrongful conduct) or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our Website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Backyard Oasis Superstore or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid to Backyard Oasis Superstore, if any, for use of our products and/or services. IN NO EVENT WILL Backyard Oasis Superstore BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OUR RESOURCES OR INABILITY TO USE OUR RESROUCES (FOR REASONS INCLUDING, BUT NOT LIMITED TO, ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS OR DOWNTIME), OR ANY INFORMATION OR TRANSACTIONS PROVIDED IN THE RESOURCES, OR DOWNLOADED FROM THE RESOURCES, OR ANY DELAY OF SUCH INFORMATION OR RESOURCES—EVEN IF Backyard Oasis Superstore OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE RESOURCES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE RESOURCES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Backyard Oasis Superstore’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Backyard Oasis Superstore makes no representations whatsoever about any other website which you may access through this one or which may link to this Website. When you access a non- Backyard Oasis Superstore website, please understand that it is independent from Backyard Oasis Superstore, and that Backyard Oasis Superstore has no control over the content on that website. In addition, a link from a non- Backyard Oasis Superstore website to a Backyard Oasis Superstore website does not mean that Backyard Oasis Superstore endorses or accepts any responsibility for the content, or the use, of such website.
All content and materials available on http://backyardoasisarizona.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Backyard Oasis Superstore, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Backyard Oasis Superstore.
Publications, products, content or services referenced herein or on the Website are the exclusive trademarks or servicemarks of Backyard Oasis Superstore. Other product and company names mentioned in the Website may be the trademarks of their respective owners.
Copyright, Licenses and Idea Submissions
The entire contents of this Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Backyard Oasis Superstore, its affiliates or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Backyard Oasis Superstore a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Website (such as bulletin boards, forums and newsgroups) or by e-mail to Backyard Oasis Superstore by all means and in any media now known or hereafter developed. You also grant to Backyard Oasis Superstore the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Backyard Oasis Superstore for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Backyard Oasis Superstore.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This Website is controlled by Backyard Oasis Superstore which is formed in the state of Arizona, U.S. It can be accessed by most countries around the world. As each country has laws that may differ from those of Arizona, by accessing our Website, you agree that the statutes and laws of Arizona, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in U.S., . You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Backyard Oasis Superstore EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The provisions outlined in this User Agreement are for the benefit of Backyard Oasis Superstore and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Resources. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Any rights not expressly granted herein are reserved.
If you have any questions or comments about our Terms and Conditions as outlined above, you can contact us at:
Backyard Oasis Superstore
1510 E. Bell Road, Phoenix, AZ 85022