Terms of Use

Backyard Landscape Supply developed and maintains our website, and currently allows users, who agree to abide by the terms and conditions of this agreement, to access the site free of charge. By doing business with us, you agree that all disputes–regardless of whether we are the plaintiff or defendant–will be settled in a court of competent jurisdiction in Los Angeles County, California.

We reserve the right to change the nature of this relationship at any time and to revise these guidelines, and Terms and Conditions, from time to time as we deem necessary. Any user that violates the terms of this agreement will have his or her access canceled, and may permanently be banned from using the site and/or any interactive services Backyard Landscape Supply offers.

You should review these terms and conditions periodically because by using our site, you agree to accept charges whether or not you reviewed any recent changes to the Terms and Conditions.

Entering the site will constitute your acceptance of these Terms of Use.

Who May Use Our

We encourage all persons over the age of eighteen to enjoy our site; we do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion.

No person under the age of eighteen should use the site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of our site–by any user–shall be deemed consent that the user is eighteen years of age, or older.

Our Advertising Partners

For some products that we offer, we have teamed up with leading companies to bring you quality services and products. Our reference to leading companies as an Advertising Partner does not mean that we are partners with these companies in the legal sense, merely that we are working with them to offer products and services to you.

All companies we feature on our site are solely responsible for their own obligations to you, and while we are not legally responsible for their obligations, be assured that we will always assist you in dealing with them should any issues arise.

Electronic Markers (Cookies)

Cookies are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure servers) that may be placed in your hard drive once you have accessed our site. We use cookies to enhance your shopping experience with us. The Cookies are used to keep track of your shopping cart; if you are a member, the site will remember your password, so you do not have to re-enter it each time you visit the backyardlandscapesupply.com. (Note: when we say the password, we mean your password to our membership site, NOT to your computer or e-mail account). To learn more about how we protect customer information, please review our Privacy Policy.

Restrictions on Use of Copyrights and Trademarks

This site and all materials on the site, including, but not limited to: the sales copy, navigational aids, images, illustrations, and logos are either our or our affiliates and licensors’ property and are protected from unauthorized copying and distribution by copyright law, trademark law, international conventions, and other intellectual property laws. If you desire to use these properties, you must obtain our written consent prior to your use.

Intellectual Property

This Site contains trademarks and service marks owned by Backyard Landscape Supply and certain third parties. All marks are the property of their respective owners. This site, including all the information contained herein, is protected by copyright law. All rights in the intellectual property contained in this site including copyright, trademarks, trade secret, and patent rights–whether or not protected by federal or state registrations–are reserved. Access to this site does not constitute a right to use any of the intellectual property of Backyard Landscape Supply or its suppliers. You agree that any copy of the content of the site must include the Backyard Landscape Supply copyright notice and shall be for your private use only. No other permission is granted for you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this site. The statutory notice contained herein represents intellectual property status in the United States.

Disclaimer About Links We Offer to Other Sites

We do not control any of the sites that may be linked to from the site and therefore we are not responsible for the content of any sites that may be linked to our site. These links are here only as a convenience to you; you access the sites at your own risk. In addition, we do not expressly endorse any product or service merely by virtue of having a link to the site.

Hypertext Links

As a convenience to you, this site may be linked to other sites that are owned, operated, and maintained by other entities. If you use these links you will leave our site. If you visit a linked site, you do so at your own risk; it is your responsibility to take all protective measures necessary to guard against viruses or other destructive elements, which may be present at said linked site. Backyard Landscape Supply disclaims any liability for links: (i) from another website to the Backyard Landscape Supply site; and (ii) to another website from the Backyard Landscape Supply site. Backyard Landscape Supply is not responsible for the content of those linked sites and makes no representations or warranties as to the accuracy or completeness of such site’s content.

Your Privacy Rights (How We Protect Your Information)

We are very concerned about privacy matters for our customers and have a separate section of our website devoted entirely to our policy regarding protecting your information. Please review our Privacy Statement. By using our website, you are also agreeing to abide by our Privacy Policy.

Taxes

Prices on our website do not include sales tax or any other customs duties, use, value-added, excise, federal, state, local, or any other taxes. Texas residents will be charged sales tax, but all other such duties or taxes shall be paid by you, or in lieu thereof, the customer shall provide us with an appropriate tax exemption certificate.

Terms of Limited Warranty

We at backyardlandscapesupply.com promise the original customer, purchasing such products directly from backyardlandscapesupply.com, that all such products sold will be free from defects in materials and workmanship affecting form, fit, and function. We have to limit any claim under this warranty to the customer who purchased such a product, and only while such customer owns such product. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, and usage not in accordance with product instructions, acts of nature or improper installation, or repairs made by anyone other than backyardlandscapesupply.com. Any claim with respect to such products where the purchaser seeks a refund of the purchase price must be made 30 days from the original date of shipment by Backyard Landscape Supply. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS.

*Projectors, and other various products, have warranties through the manufacturer, if a problem arises with the product the warranty should be dealt with through the manufacturer, not Backyard Landscape Supply. For more information on product warranties, consult the “Warranty” tab on the product’s page, or contact a Backyard Landscape Supply sales associate.

Limitations

OTHER THAN THE TERMS OF THE LIMITED WARRANTY SET FORTH IMMEDIATELY ABOVE, WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND WE DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

Return Procedures

If you need to return any product(s) purchased from backyardlandscapesupply.com, you must FIRST obtain a Return Merchandise Authorization (RMA) number, by contacting customer service at orders@backyardlandscapesupply.com. This is a simple process and is described fully in the return merchandise section. To see the complete list of procedures for returning merchandise – Please click here – Return Policy

Manner of Refunds

Unless specifically requested and authorized by us, refunds will be issued in the same manner as the payment was received.

Undelivered Products

We understand you want to get your order as quickly as possible. Unfortunately, sometimes there is a delay caused by the carrier used to deliver your products. Due to this inconvenience, we have a 15-business-day waiting period before any product will be resent.

Assignment

Customer may not assign its rights or obligations hereunder without the express prior written consent of backyardlandscapesupply.com.

The Foregoing Represents the Entire Agreement

These terms and conditions constitute the entire agreement between backyardlandscapesupply.com and the customer regarding any sale; these terms expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of the customer’s documents or purchase orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY backyardlandscapesupply.com, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON backyardlandscapesupply.com. This agreement shall be binding upon the heirs, successors, and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.

Severability of Sections

If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Dispute Resolution

These Terms of Use constitute the entire agreement between Backyard Landscape Supply and you, with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the cause of action arises.