Terms Of Service

Effective Date: 2025-10-13

1. Introduction

Welcome to Backyard Supply Direct ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at www.backyardsupplydirect.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old, and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

Provide true, accurate, current, and complete information during the registration process.
Maintain and promptly update your account information to keep it accurate and current.

3.2 Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your account login credentials.
All activities that occur under your account.
Notifying us immediately of any unauthorized use of your account.

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.

4.2 Pricing

Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.

4.3 Payment Terms

Accepted Payment Methods: Visa, Mastercard, AmEx, PayPal, etc.
Payment Processing: Payments are processed securely through [Payment Gateway Name].
Billing Information: You agree to provide current, complete, and accurate billing information.

4.4 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

Product or service availability.
Errors in the description or price of the product.
Suspected fraudulent or unauthorized transactions.

5. Shipping and Delivery

5.1 Shipping Policy

Please refer to our Shipping Policy for information on our shipping policy.

5.2 Risk of Loss

All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.

6. Returns and Refunds

Please refer to our Return and Refund Policy for information on returns, exchanges, and refunds.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, and software, is the property of Backyard Supply Direct or its content suppliers and is protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.

7.3 Restrictions

You agree not to:

Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.
Use any meta tags or other hidden text using our name or trademarks without our express written consent.

8. User Content

8.1 Submissions

If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.

8.2 Prohibited Content

You agree not to submit any User Content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
Infringes on any intellectual property or other proprietary rights of any party.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.
Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Services.

10.2 No Warranty

We do not warrant that:

The Services will meet your specific requirements.
The Services will be uninterrupted, timely, secure, or error-free.
The results obtained from the use of the Services will be accurate or reliable.

11. Limitation of Liability

In no event shall WTJ Projects LLC, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

Your use or inability to use the Services.
Any unauthorized access to or use of our servers and/or any personal information stored therein.
Any interruption or cessation of transmission to or from the Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless WTJ Projects LLC and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

Your use of and access to the Services.
Your violation of any term of these Terms.
Your violation of any third-party right, including intellectual property or privacy rights.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of USA , without regard to its conflict of law provisions.

15. Dispute Resolution

We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.

15.1 Informal Resolution First

Before filing a claim against [Company Name] (“we” or “us”), you agree to try to resolve the dispute informally by contacting us at [support email]. We will try to resolve the dispute informally by contacting you in writing. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding as described below.

15.2 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of Delaware, United States, without regard to conflict of law principles.

15.3 Binding Arbitration (Instead of Court for Most Disputes)

Except for the exceptions in Section 12.4 below, you and we agree to resolve all disputes through final and binding arbitration instead of in court.

The arbitration will be conducted by a single neutral arbitrator.
The arbitration will be administered by [arbitration provider, e.g., “the American Arbitration Association (AAA)”] under its [Consumer/Commercial] Arbitration Rules that are in effect at the time the arbitration is started.
The arbitration will be held in [City, State], or conducted remotely (for example, by video conference) where permitted by the applicable rules.
The arbitrator may award the same damages and relief that a court could, consistent with these Terms.

15.4 Exceptions - Small Claims & Injunctive Relief

Either party may:

a) Bring an individual claim in small claims court in the area where you live or where our principal place of business is located, if the claim qualifies; and

b) Seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect its rights or property (for example, to stop unauthorized access, misuse of data, or infringement).

15.5 No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation of arbitrations are not allowed.

15.6 Time Limit to Bring a Claim

To the fullest extent permitted by law, any claim or dispute arising out of or relating to these Terms or the Services must be filed within six (6) months after such claim or cause of action arose, or else the claim is permanently barred.

15.7 Severability

If any part of this Dispute Resolution section is found to be unenforceable, the remaining parts will remain in full force and effect. If the class action waiver in Section 12.5 is found unenforceable with respect to particular claims, then those claims must be brought in court (not in arbitration), and the rest of this Dispute Resolution section will remain in effect.

16. Changes to Terms