Terms & Conditions

LEGAL NOTICE
 PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS  WEBSITE. By using www.americasbackyards.com (the "Site"), you  acknowledge that you have reviewed, and agree to be bound by, the  following terms of use. If you do not agree to these terms of use, do  not use this Site. 
Accuracy, Completeness and Timeliness of Information on This Site
We  are not responsible if information made available on this site is not  accurate, complete or current. The material on this site is provided for  general information only and should not be relied upon or used as the  sole basis for making decisions without consulting primary, more  accurate, more complete or more timely sources of information. Any  reliance on the material on this site is at your own risk. This site may  contain certain historical information. Historical information  necessarily is not current and is provided for your reference only. We  reserve the right to modify the contents of this site at any time, but  we have no obligation to update any information on the site. You agree  that it is your responsibility to monitor changes to the site.
Links
Within  this Site, you may see links or references to other websites. We  undertake no obligation to review the websites that may be linked to  this Site, do not endorse, and are not responsible for the accessibility  of, or the resources available on, any other websites linked to this  Site. You are solely responsible for any interactions you may have with  such websites.
Product Information
In  some cases, merchandise displayed on the site may not be available in  stores. The particular technical specifications and settings of your  computer and its display could affect the accuracy of its display of the  colors of products offered on the site.
Use of Material on the Site
All  content on this site (including, without limitation, text, design,  graphics, logos, icons, images, audio clips, downloads, interfaces, code  and software, as well as the selection and arrangement thereof), is the  exclusive property of and owned by Nasitra LLC, its licensors or its  content providers and is protected by copyright, trademark and other  applicable laws. You may access, copy, download and print the material  contained on the site for your personal and non-commercial use, provided  you do not modify or delete any copyright, trademark or other  proprietary notice that appears on the material you access, copy,  download or print. Any other use of content on the site, including but  not limited to the modification, distribution, transmission,  performance, broadcast, publication, uploading, licensing, reverse  engineering, transfer or sale of, or the creation of derivative works  from, any material, information, software, products or services obtained  from the site, or use of the site for purposes competitive to Nasitra  LLC, is expressly prohibited. Nasitra LLC reserves the right to refuse  or cancel any person's registration for this site, remove any person  from this site or prohibit any person from using this site for any  reason whatsoever. Nasitra LLC, or its licensors or content providers,  retain full and complete title to the material provided on the site,  including all associated intellectual property rights, and provide this  material to you under a license that is revocable at any time in Nasitra  LLC ‘s sole discretion. Nasitra LLC neither warrants nor represents  that your use of materials on this site will not infringe rights of  third parties not affiliated Nasitra LLC.
You  may not use contact information provided on the site for unauthorized  purposes, including marketing. You may not use any hardware or software  intended to damage or interfere with the proper working of the site or  to surreptitiously intercept any system, data or personal information  from the site. You agree not to interrupt or attempt to interrupt the  operation of the site in any way. America’s Backyards & Outdoor  Living reserves the right, in its sole discretion, to limit or terminate  your access to or use of the site at any time without notice. You are  personally liable for any orders that you place or charges or other  liabilities that you incur prior to termination. Termination of your  access or use will not waive or affect any other right or relief to  which Nasitra LLC may be entitled, at law or in equity.
Material You Submit
You  acknowledge that you are responsible for any material you may submit  via the site, including the legality, reliability, appropriateness,  originality and copyright of any such material. You may not use a false  email address or other identifying information, impersonate any person  or entity or otherwise mislead as to the origin of any content.
If  you do submit material, and unless we indicate otherwise, you grant  Nasitra LLC and its affiliates anonexclusive, royalty-free, perpetual,  irrevocable and fully sublicensable right to use, reproduce, modify,  adapt, publish, translate, create derivative works from, distribute and  display such material throughout the world in any media. You grant  Nasitra LLC and its affiliates the right to use the name you submit in  connection with such material, if they so choose. 
 All  personal information provided via this site will be handled in  accordance with the site's online Privacy Notice. You represent and  warrant that you own or otherwise control all the rights to the content  you provide; that the content is accurate; that use of the content you  supply does not violate any provision herein and will not cause injury  to any person or entity; and that you will indemnify Nasitra LLC for all  claims resulting from content you supply.
Conduct on the Site
Some  features that may be available on this site require registration. By  registering at and in consideration of your use of the site you agree to  provide true, accurate, current and complete information about  yourself.
Some  features on this site require use of a password. You are responsible  for protecting your password. You agree that you will be responsible for  any and all statements made, and acts or omissions that occur, through  the use of your password. If you have any reason to believe or become  aware of any loss, theft or unauthorized use of your password, notify  Nasitra LLC immediately. Nasitra LLC may assume that any communications  Nasitra LLC receives under your password have been made by you unless  Nasitra LLC receives notice otherwise.
You  or third parties acting on your behalf are not allowed to frame this  site or use our proprietary marks as meta tags, without our written  consent. You may not use frames or utilize framing techniques or  technology to enclose any content included on the site without Nasitra  LLC ‘s express written consent. Further, you may not utilize any site  content in any meta tags or any other "hidden text" techniques or  technologies without Nasitra LLC ‘s express written consent.
Trademarks and Copyrights
Trademarks,  logos and service marks displayed on this site are registered and  unregistered trademarks of Nasitra LLC and America’s Backyards &  Outdoor Living, their licensors or content providers, or other third  parties. All of these trademarks, logos and service marks are the  property of their respective owners. Nothing on this site shall be  construed as granting, by implication, estoppel, or otherwise, any  license or right to use any trademark, logo or service mark displayed on  the site without the owner's prior written permission, except as  otherwise described herein. Nasitra LLC reserves all rights not  expressly granted in and to the site and its content. This site and all  of its content, including but not limited to text, design, graphics,  interfaces and code, and the selection and arrangement thereof, is  protected as a compilation under the copyright laws of the United States  and other countries.
All  brand, product, service and process names appearing on this Site are  trademarks of their respective holders. Reference to or use of a brand,  product, service, or process does not imply recommendation, approval,  affiliation, or sponsorship of that brand, product, service, or process  by Nasitra LLC. Nothing contained herein shall be construed as  conferring by implication, estoppel, or otherwise any license or right  under any patent, copyright, trademark, or other intellectual property  right of ours or any third party, except as expressly granted herein.
DISCLAIMERS
YOUR  USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS  IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR  TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY  TIME. NASITRA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,  WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED  WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND  ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS  WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;  THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE  SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE  AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE  COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS  SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY  RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT  RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR  INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NASITRA LLC  OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  NASITRA LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING  THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS,  CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR  OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE  DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU  ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE  OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR  RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE  INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR  USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE  TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT,  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NASITRA LLC
NOR  ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE  LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL,  SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY  RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM  THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF  COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE  SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR  OBTAINED THROUGH THE SITE, NASITRA LLC’S REMOVAL OR DELETION OF ANY  MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF  THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY  OR OTHERWISE, EVEN IF NASITRA LLC, ITS AFFILIATES OR ANY OF ITS  SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS  DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING  FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,  DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES,  FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE,  YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO,  ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE  OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE  CLAIMS OR ANY DISPUTE WITH NASITRA LLC IS TO DISCONTINUE YOUR USE OF  THE SITE. 
Indemnification
 You agree to indemnify, defend and hold harmless Nasitra LLC and its  affiliates and their officers, directors, employees, contractors,  agents, licensors, service providers, subcontractors and suppliers from  and against any and all losses, liabilities, expenses, damages and  costs, including reasonable attorneys' fees and court costs, arising or  resulting from your use of the site and any violation of these Terms of  Use. If you cause a technical disruption of the site or the systems  transmitting the site to you or others, you agree to be responsible for  any and all losses, liabilities, expenses, damages and costs, including  reasonable attorneys' fees and court costs, arising or resulting from  that disruption. Nasitra LLC reserves the right, at its own expense, to  assume exclusive defense and control of any matter otherwise subject to  indemnification by you and, in such case, you agree to cooperate with  Nasitra LLC in the defense of such matter.
Jurisdiction and Applicable Law
The  laws of the State of Texas govern these Terms of Use and your use of  the site, and you irrevocably consent to the jurisdiction of the courts  located in the County of Harris for any action arising out of or  relating to these Terms of Use. We recognize that it is possible for you  to obtain access to this site from any jurisdiction in the world, but  we have no practical ability to prevent such access. This site has been  designed to comply with the laws of the State of Texas and of the United  States. If any material on this site, or your use of the site, is  contrary to the laws of the place where you are when you access it, the  site is not intended for you, and we ask you not to use the site. You  are responsible for informing yourself of the laws of your jurisdiction  and complying with them.
Changes to These Terms of Use
We  reserve the right, in our sole discretion, to change these Terms of Use  at any time by posting revised terms on the site. It is your  responsibility to check periodically for any changes we may make to  these Terms of Use. Your continued use of this site following the  posting of changes to these Terms of Use or other policies means you  accept the changes.
Severability
If  any provision of this agreement is unlawful, void or unenforceable, the  remaining provisions of the agreement will remain in place.