References to BACKYARDPLUS.COM herein refer to BACKYARDPLUS.COM a Spa Parts R Us, Inc. Company. The following terms and conditions, along with all other terms and legal notices located on this BACKYARDPLUS.COM website (collectively, “Terms”), govern your use of this BACKYARDPLUS.COM website (the “Website”) a Spa Parts R Us, Inc. If you do not understand and agree to be bound by all Terms, do not use this Website. Your use of this Website at anytime constitutes a binding agreement by you to abide by these Terms.
Restrictions Regarding Materials
(a) All information, documents, software, images, photographs, text, services and other similar materials (collectively, “Materials”) contained in this Website are provided by BACKYARDPLUS.COM or its third party manufacturers, authors, developers and vendors (“Third Party”) and are the copyrighted work of BACKYARDPLUS.COM and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of BACKYARDPLUS.COM or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of BACKYARDPLUS.COM. You also may not, without BACKYARDPLUS.COM’s prior express written permission, “mirror” any Materials contained on this Website on any other server.
(b) Nothing on this Website shall be construed as conferring any license under any of BACKYARDPLUS.COM’s or any Third Party Provider’s intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
(c) Permission is granted to display, copy, distribute and download BACKYARDPLUS.COM’s Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
(d) Materials provided by Third Party Providers have not been independently authenticated in whole or in part by BACKYARDPLUS.COM. BACKYARDPLUS.COM does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by BACKYARDPLUS.COM. BACKYARDPLUS.COM is committed to respecting others’ intellectual property rights, and we ask our users to do the same. BACKYARDPLUS.COM may, in its sole discretion, terminate the access rights of users who infringe or otherwise violate others’ intellectual property rights.
Links to Third Party Sites
This Website may be linked to other website’s which are not under the control of and are not maintained by BACKYARDPLUS.COM. BACKYARDPLUS.COM is not responsible for the content of those sites. BACKYARDPLUS.COM is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by BACKYARDPLUS.COM of those sites.
User Submissions and Information
(a) This Website will allow you to provide commentary, suggestions, and Materials regarding the Website and its content, use, functionality, appearance and operation (collectively, “Submissions”). Submissions provided by you in connection with this Website shall be deemed to be provided on a non proprietary and non confidential basis. BACKYARDPLUS.COM shall have no obligation of any kind with respect to your Submissions and you grant BACKYARDPLUS.COM permission to display, re-format, use, modify, adapt, enhance, translate, publish, and disseminate such Submissions on an unrestricted basis for any purpose at BACKYARDPLUS.COM’s sole discretion. However, this does not apply to personal information which is discussed below. You acknowledge that you are responsible for your Submissions, and you, not BACKYARDPLUS.COM, have full responsibility for your Submissions, including their legality, reliability, appropriateness, originality and copyright.
b) This Website will also allow you to communicate with other users of this Website. As such, you must remember that this is designed for honest, informative, and decent dialogue with all users. Therefore, you will not use any obscene, profane, indecent, or otherwise offensive language. You will not threaten any individual(s) or entity(ies) in any way. You will not hold yourself out to be someone else (you may however identify yourself by use of a nickname), or provide any false or misleading information. And you will not defame or libel any individual, entity or their products, goods or services.
(d) There are times when we may collect personal information from you. It is our intent to inform you before we do that and to tell you what we intend to do with the information. You will have the option not to provide the information, and in the future you will be able to “opt out” of certain uses of the information. If you choose not to provide the information we request, you can still visit most of the BACKYARDPLUS.COM Website, but you may be unable to access certain options, offers, and services. We will take appropriate steps to protect the information you share with us from unauthorized access or disclosure.
Disclaimer of Warranty
THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE DISCLAIMED BY BACKYARDPLUS.COM AND ITS THIRD PARTY PROVIDERS. NEITHER BACKYARDPLUS.COM NOR ITS THIRD PARTY PROVIDERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE.
Limitations of Liability
BACKYARDPLUS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THIS WEBSITE OR YOUR USE, MODIFICATION, SUBMISSION, COPYING, DISTRIBUTION, OR DOWNLOADING OF THE MATERIALS. IN ADDITION, IN NO EVENT SHALL BACKYARDPLUS.COM BE LIABLE TO YOU IN ASSOCIATION WITH THE WEBSITE OR MATERIALS FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF BACKYARDPLUS.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BACKYARDPLUS.COM controls and operates this Website from its headquarters in California and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in the United States.
(a) This Website could include inaccuracies or typographical errors. BACKYARDPLUS.COM and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website.
(b) BACKYARDPLUS.COM will have people from all over the United States using this Website. So in order to ensure consistency in the interpretation and enforcement of these Terms, these Terms, the Website, and your use of the Website will be governed in all respects by the laws of the State of California, USA, (exclusive of its choice of law rules), and the federal laws of the United States. In addition, any suit brought by you in relation to these Terms, this Website, or your use of the Website must be maintained in a state or federal court located in the State of California, and you submit to the personal jurisdiction of such courts.
(c) These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, additional, or other communications. BACKYARDPLUS.COM can revise these Terms at any time without notice or consent by updating this posting.
(d) In the event any or a portion of the provisions of these Terms are held invalid, illegal or otherwise unenforceable by a Court, such provision shall be deemed amended to be valid, legal and enforceable to the fullest extent permitted under applicable law, and the remaining provisions of these Terms shall remain in full force and effect. These Terms are binding upon you and your heirs, representatives, successors and assigns. The headings of the several articles and subdivisions of these Terms are inserted solely for the convenience of reference and shall have no further meaning, force or effect. No third party shall be a beneficiary of any provision of these Terms, except with the express written consent of BACKYARDPLUS.COM.
Repair Materials and Documents Disclaimer
All of the repair information, data, advice, instructions, and other Troubleshooting materials are provided to you free of charge (“Repair Materials”). As such, BACKYARDPLUS.COM does not make any representations or warranties with respect to any Repair Materials or the results you will achieve through their use. BACKYARDPLUS.COM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU OR OTHERWISE WITH RESPECT TO THE REPAIR MATERIALS. BACKYARDPLUS.COM is not, nor will it be, liable for any personal or property injury, damage and/or liability, whether in the form of direct, indirect, consequential, special, exemplary or other damages, arising out of your use of or reliance upon the Repair Materials, or the acts or omissions of BACKYARDPLUS.COM in relation to the Repair Materials.
Purchasing and Ordering Disclaimer
READ THESE TERMS. IN PURCHASING A PRODUCT YOU UNDERSTAND AND AGREE TO THE TERMS BELOW. IF YOU DO NOT UNDERSTAND AND AGREE WITH THESE TERMS THEN DO NOT PLACE AN ORDER FOR A PRODUCT.
PRICING. ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURATE PRICING OF THE PRODUCTS FEATURED ON OUR WEBSITE. IN THE EVENT A PART OR ACCESSORY IS ORDERED AND THE LISTED PRICE HAS CHANGED, YOU WILL BE NOTIFIED PRIOR TO OUR PROCESSING YOUR ORDER.
PURCHASE “AS IS”. YOU AGREE THAT ALL PRODUCTS PURCHASED BY YOU THROUGH THIS WEBSITE ARE PROVIDED UNDER WARRANTIES, IF ANY, OF THE MANUFACTURER ONLY, AND NOT BY BACKYARDPLUS.COM. ALL PRODUCTS ARE PROVIDED BY BACKYARDPLUS.COM “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FROM BACKYARDPLUS.COM. BACKYARDPLUS.COM DISCLAIMS THE APPLICATION OF THE UNIFORM COMMERCIAL CODE OR OTHER LAWS TO THE EXTENT THEY ARE INCONSISTENT WITH OR CONFLICT WITH THESE RULES, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EXCLUSIVE REMEDY. NOTWITHSTANDING THE FOREGOING, IF A PRODUCT DOES NOT MEET A MANUFACTURER’S APPLICABLE WARRANTY, YOU MAY RETURN THE PRODUCT TO BACKYARDPLUS.COM DURING THE WARRANTY PERIOD AND RECEIVE A FULL REFUND OF ALL AMOUNTS PAID TO BACKYARDPLUS.COM FOR THE PRODUCT, EXCLUDING SHIPPING AND HANDLING OR DELIVERY CHARGES, PROVIDED THE RETURN IS MADE WITHIN ONE CALENDAR YEAR OF PURCHASE. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FROM BACKYARDPLUS.COM FOR ANY DEFECT, MALFUNCTION OR OTHER PROBLEM WITH THE PRODUCTS.
YOUR RESPONSIBILITY. BACKYARDPLUS.COM DAMAGE LIMITS. YOU HAVE SOLE RESPONSIBILITY FOR USE OF THE PRODUCTS YOU PURCHASE THROUGH THIS WEBSITE. IN NO EVENT SHALL BACKYARDPLUS.COM BE LIABLE TO YOU IN RELATION TO THE PRODUCTS, OR YOUR USE, MISUSE OR INABILITY TO USE THE PRODUCTS, FOR ANY (1) INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE); OR (2) DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID BACKYARDPLUS.COM FOR THE APPLICABLE PRODUCT.
YOUR REPRESENTATIONS. You represent that you are not a minor and that you are not under any legal or other disability which limits your ability to comply with these Terms or to install and use the products you purchase with minimal risk of harm to you or others. You further represent that you are not purchasing the products for resale to others and will not do so without BACKYARDPLUS.COM’s prior written consent.