Backyard Bases (“Backyardbases.com”) provides this Website solely for your convenience. This Website is governed by the following Terms and Conditions. Any use of this Website constitutes an unconditional consent and agreement by you to follow these Terms and Conditions and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use this Website.
YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT AND CONSENT TO THE TERMS AND CONDITIONS OF THIS WEBSITE, AS WELL AS ANY AND ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF ARIZONA.
You further agree to use this Website and any service at your sole risk. Backyardbases.com and/or its affiliates shall have no liability to you for any content on this Website that may be deemed offensive, indecent, or objectionable.
In accepting these Terms and Conditions, you certify that you are 18 years of age or older or that if you are at least 14 years old you are using this Website solely under the supervision of a parent or legal guardian who by such use gives their consent to be bound by these Terms and Conditions. Backyardbases.com does not knowingly collect personal information about children under the age of 14 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child 14 years and older, you are fully responsible for his or her use of this Website, including all financial charges and legal liability that such child may incur.
All software, all text, programs, products, processes, technology, content and other materials all of the page headers, images, illustrations, graphics, audio clips, animation, sounds, video clips and text, used on this Website are the property of Backyardbases.com and subject to protection under U.S. and international intellectual property laws. Any reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited. Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any content of the Website.
Any reference to the names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Backyardbases.com’s endorsement, sponsorship or recommendation of such third party, its information, products or services. The practices or policies of any such third party, or the content of any such third party sites, are accessed entirely at your own risk. Backyardbases.com makes no representation whatsoever with respect to such third party sites.
Any attempt to violate the security of this Website is strictly prohibited, including, without limitation, any of the following:
- Accessing data not intended for your use or logging onto a server or an account that you are not authorized to access;
- Attempting to scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
- Sending unsolicited email, including promotions and/or advertising of products or services;
- Attempting to obtain products not properly ordered or fully paid for;
- Harassing the Website owner or its users; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
A VIOLATION OF SYSTEM AND NETWORK SECURITY MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY. Backyardbases.com will aggressively investigate any such occurrences that may involve such violations and may involve, and cooperate, in Backyardbases.com’s sole and absolute discretion, unless ordered by law otherwise, with law enforcement authorities in prosecuting any users who are involved in any such violations.
Backyardbases.com reserves the right to refuse any order for any reason whatsoever and will contact you if any order is refused or canceled.
Additionally, all billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
Backyardbases.com’s goal is to provide our customers with accurate pricing information, however, sometimes pricing or typographical errors may occur. Backyardbases.com may be unable to confirm the price of an item until after an order is placed. In the event that an items price is calculated or displayed incorrectly, Backyardbases.com reserves the right, in its sole discretion, to refuse or cancel any orders placed for that item. Prices are also subject to change without notice.
Backyardbases.com does not warrant that the description of products on this Website is accurate. Indeed, some content may be inaccurate, incomplete or opinion. The colors of a product may vary based on the manufacturing process or the visual appearance on the website may vary depending on your monitor. If you happen to find a product is not as it is described, your sole remedy is to return the product in unused condition.
The submission of any stories, comments, feedback, reviews, letters, suggestions, ideas, and/or all other submissions submitted or offered to Backyardbases.com, whether through this Website, by telephone, e-mail or otherwise submitted or offered, grants to Backyardbases.com a royalty-free, irrevocable, transferable right and license to use such comments however Backyardbases.com desires.
You hereby agree to indemnify, defend and hold harmless Backyardbases.com and/or its affiliates from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, arising from or related to your use of this Website or any breach by you of these Terms and Conditions.
Backyardbases.com reserves the right to terminate these Terms and Conditions at any time, and may do so immediately, without notice, thereby denying you access to this Website.
WITHOUT LIMITING THE FOREGOING, BACKYARD BASES SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, BACKYARD BASES SPECIFICALLY DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
BACKYARD BASES ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
PRODUCT INFORMATION OBTAINED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT’S MANUFACTURER. ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON THIS WEBSITE, THUS BACKYARD BASES DOES NOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. BACKYARD BASES RECOMMENDS THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. PLEASE CONTACT THE MANUFACTURER FOR ADDITIONAL INFORMATION ABOUT A PRODUCT.
BACKYARD BASES ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS.
UNDER NO CIRCUMSTANCES, OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BACKYARD BASES, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR MALFUNCTION OF THIS WEBSITE. BACKYARD BASES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF PRODUCTS OFFERED FOR SALE ON THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SOME STATES MAY LIMIT THE ABILITY OF VENDORS TO DISCLAIM IMPLIED WARRANTIES; THEREFORE THE LANGUAGE OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BACKYARD BASES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BACKYARD BASES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
These Terms and Conditions shall be governed by and construed under Arizona law without regard to conflicts of law provisions. Your further agree that any action or proceeding arising out of or related to the use of this Website, or these Terms and Conditions shall be brought in the state or federal courts of Arizona and you hereby consent to the exclusive personal jurisdiction of such courts.
These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section.