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HOME / CONDITIONS OF USE |
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Welcome to americanbackyard.com! American Backyard/Georgia Backyard, Inc. and its affiliates provide their services to you subject to the following conditions. If you visit or shop at americanbackyard.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future American Backyard service or business (for example: your account; gift certificates, promotional codes, or other services offered) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control. Privacy Please review out Privacy Policy, which also governs your visit to americanbackyard.com, to fully understand our practices. Electronic Communications When you visit americanbackyard.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Copyright All content included on the site, such as text, graphics, logos, button icons, images, audio, digital downloads, data compilations, and software, is the property of American Backyard or its content suppliers and protected by United States copyright laws. The compilation of all the content on the this site is the exclusive property of American Backyard or its software suppliers and protected by United States copyright laws. License and site access Americanbackyard.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of American Backyard/Georgia Backyard, Inc. This license does not include any resale or commercial use of this site or its contents; any collections and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or an portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of American Backyard. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of americanbackyard.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing American Backyard's name or trademarks without the express written consent of American Backyard. Any unauthorized use terminates the permission or license granted by American Backyard. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of americanbackyard.com so long as the link does not portray American Backyard, its products, services, or affiliated companies in a false, misleading, derogatory, or otherwise offensive manner. You may not use any American Backyard logo or other proprietary graphic or trademark as part of the link without express written permission. Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to you computer, and you agree to accept responsibility for all activities that occur under your account or password. American Backyard does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted method of payment. If you are under the age of 18, you may use americanbackyard.com only with the involvement of a parent or guardian. American Backyard reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Risk of Loss All items purchased from American Backyard are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Product Descriptions American Backyard attempts to be as accurate as possible. However, American Backyard does not warrant that product descriptions or other content of the site is accurate, complete, reliable, current, or error-free. If a product offered by American Backyard itself is not as described, your sole remedy is to return it in unused condition. Pricing Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold by American Backyard, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite out best efforts, a small number of items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRDUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROBIDED BY AMERICAN BACKYARD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMERICAN BACKYARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIES IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USED OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSBLE BY APLICABLE LAW, AMERICAN BACKYARD DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERICAN BACKYARD DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INVLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR EMAIL COMPONENTS. AMERICAN BACKYARD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THEIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LINITATIONS ON IMPLIED WARRANTIES OR THE EXLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS APPLY TO YOU, SOME OR ALL THE OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Applicable Law By visiting americanbackyard.com, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and American Backyard. Disputes Any dispute relating in any way to your visit to americanbackyard.com or to products or services sold or distributed by American Backyard or through americanbackyard.com is to be directed to the American Backyard contact points listed below. Site Polices, Modification, and Severability Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to americanbackyard.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceability of any remaining condition. Our Address
American Backyard/Georgia Backyard, Inc. |
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Copyright © 2007 Georgia Backyard | Privacy Policy and Conditions of Use |
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