By using Imaginebackyard.com (website of Imagine Backyard Living), you agree to these conditions. Please carefully review the following terms and conditions of use, which govern your use of the site and service. If you do not agree with any of these terms and conditions, do not use the Imaginebackyard.com website.
USE OF WEBSITE
The Imaginebackyard.com website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Imaginebackyard.com’s goods and services and/or to otherwise transact business with or contact Imaginebackyard.com on their own behalf.
All material and information presented by Imaginebackyard.com is intended to be used for personal, educational or informational purposes only. Statements and/or products are not intended to diagnose, treat, cure or prevent any condition or disease. Nothing on the Imaginebackyard.com websites shall be construed as offering legal, medical, electrical or other professional advice. All products for sale on the Imaginebackyard.com website should be used strictly in accordance with their instructions, precautions and guidelines. You agree that electrical work and repairs are to be performed by a qualified licensed electrician in compliance with electrical code requirements and regulations.
YOUR IBL ACCOUNT
If you use the Imaginebackyard.com website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept all responsibility for all activities that occur on your computer and under your Imaginebackyard.com account (whether by you or others).
You agree to notify us immediately of any unauthorized use of your Imaginebackyard.com account or any other breach of security. Imaginebackyard.com. shall not be held liable for any loss or damage arising from your failure to keep your account information protected.
Users who choose to register on the Imaginebackyard.com website must be at least 13 years of age. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Imagine Backyard Living will never knowingly solicit to or accept personally identifiable information from users known to be under thirteen (13) years of age. By accepting these Terms you certify that you are either (i) 18 years of age or older (ii) 13 years of age or older under the supervision of a legal guardian who has agreed to these terms on your behalf.
If it is determined that a child under the age of 13 has provided personal information on our website, this information will be deleted.
All content included on this website, including but not limited to, page headers, images illustrations, graphics, button icons, video clips, audio clips, logos, data compilations, software, and text (referred to herein as “Content”) is exclusive property of Imagine Backyard Living and/or its content suppliers and is protected by United States and international copyright laws. The content and code of Imaginebackyard.com are protected by copyright and are intended solely for personal, non-commercial use. Except as provided for by law, you may not use Imaginebackyard.com’s copyrighted material without prior express written permission.
Unauthorized copying, reproduction, modifying, republishing, uploading, downloading, posting, transmitting, making derivative works of or duplicating all or any part of the site is prohibited.
Imagine Backyard Living respects the intellectual property rights of others. Please notify us if you believe that your work is being used in a way that constitutes copyright infringement. A notification should include:
- Description and location of the infringed copyrighted work;
- Your address, telephone number and e-mail address;
- A statement by you that you have good faith belief that the use of the work is violating copyright and has not been authorized by the copyright owner;
- A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the owners behalf; and
- Your physical or electronic signature.
All registration and billing information provided by you must be complete and accurate. Submitting incomplete or inaccurate information constitutes a breach of these terms. By confirming your purchase at the end of the checkout process, you agree to pay for and accept the items or products which you have ordered. Imaginebackyard.com is not responsible should you give incorrect order instructions or if your credit/debit payment is not processed by your credit-card company.
Imagine Backyard Living reserves the right to refuse any order placed online at Imaginebackyard.com or in store at the Imagine Backyard Living headquarters. In the event that an order is cancelled, we will attempt to notify you by contacting the e-mail address or phone number provided at the time the order was made.
Imagine Backyard Living reserves the right at our sole discretion to change, alter, discontinue or remove products, product descriptions and pricing on our website at any time.
Although we make every effort to accurately display products and their colors, Imagine Backyard Living cannot guarantee that your computer monitor will accurately portray the actual colors of products listed on our site. If you are unsure of your color options, please contact our Customer Service department.
RETURNS / REFUNDS
In order to return an item to Imaginebackyard.com you must obtain a Return Merchandise Authorization (RMA) number from our customer service department. Returns without RMA numbers cannot and will not be accepted.
Imagine Backyard Living does not take responsibility for returned items or products until they arrive and are received by our distribution center. Imagine Backyard Living will not be held responsible for any damage incurred during return shipping. In order to receive credit, the merchandise must be in its original, salable condition.
All returns are subject to a 10% restocking fee unless otherwise noted.
Refunds from Imaginebackyard.com will be credited to your account immediately, although your financial institution may place a hold on these funds. If you have received a refund from Imaginebackyard.com but do not see the funds in your account, please contact your financial institution. Imagine Backyard Living is not responsible for any holding of funds by your financial institution.
Certain items sold on Imaginebackyard.com including but not limited to spas, spa covers, spa cover lifts and storage devices, umbrellas, heaters, spa packs, circuit boards and special order items are non-returnable.
OPT-IN EMAIL, NEWLESTTER & MARKETING
By submitting your contact information on any imgainebackyard.com form, you agree to receive emails, newsletters and other communications from Imaginebackyard.com and their affiliates. If you would like to opt out of receiving these types of communications you many instruct Imaginebackyard.com to stop sending you e-mail, newsletters or other information by following the ‘unsubscribe’ instructions provided in the email.
PRICING, BILLING AND PAYMENTS
The prices displayed on Imaginebackyard.com are quoted in U.S. dollars. Imaginebackyard.com accepts the following payment methods at this time: Visa, MasterCard, Discover, American Express, Paypal, JCB. Credit and Debit cards will be charged at the time of order.
You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price in effect when such charges are incurred.
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Imaginebackyard.com cannot and will not be held responsible for any incorrect information submitted by you that may cause a delay in processing your order.
The billing address provided must match the shipping address used on orders over $500.00. Not sure we want this. Do we have to have it?
Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, product availability, or for any other reason.
CREDIT CARD DISPUTE ABUSE POLICY
All instances of chargeback abuse will be reported as delinquent accounts for collection. This action will also be reported to major credit bureaus, and may be part of a consumer’s credit file for 7 years. We also reserve the right to file a police report for credit card fraud, and seek criminal prosecution, along with a report to the FBI Internet Crimes division, as appropriate. We further reserve the right to report the incident for inclusion in a chargeback abuser database.
If you believe you are entitled to a refund or adjustment through no fault of your own, please contact our Customer Service Help Desk.
PROMOTIONS AND COUPONS
Promotional Codes may be automatically redeemed at your time of purchase. Coupons must be used prior to their noted expiration date and within a single transaction. Unless otherwise stated, promotional codes can only be used once per transaction. Promotional codes are limited in nature and may expire or discontinue with or without notice.
THIRD PARTY CORRESPONDENCE
Your correspondence with merchants, advertisers and other third parties found on Imaginebackyard.com including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree to hold Imaginebackyard.com, its affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors and content providers harmless from and against any claims, actions or demands for any loss, damage, cost or expense of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Imaginebackyard.com Site.
DISCLAIMER OF WARRANTIES
ALL OF THE INFORMATION, OPINIONS, AND DATA ON THE IMAGINEBACKYARD.COM WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
WE ALSO MAKE NO WARRANTY THAT IMAGINEBACKYARD.COM WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE IMAGINE BAKCYARD LIVING WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM IMAGINE BACKYARD LIVING WEBSITE OR THROUGH IMAGINEBACKYARD.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT IMAGINEBACKYARD.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER IMAGINEBACKYARD.COM NOR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, ADVISORS, AND PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN IMAGINE BACKYARD LIVING WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER IMAGINEBACKYARD.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
You agree to defend, indemnify, and hold harmless The Imagine Backyard Living, its affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors, and partners from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from use of the Imaginebackyard.com website or content therein or violation of these Conditions of Use.
LIMITATION OF LIABILITY
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE IMAGINE BAKCYARD LIVING WESBITE, OR CONTENT THEREIN IS LIMITED TO ONE HUNDRED DOLLARS ($100.00). NEITHER IMAGNE BACKYARD LIVING, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, AND ADVISORS AND ITS PUBLISHERS OR CONTENT PROVIDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING IMAGINE BACKYARD LIVING WEBSITE OR CONTENT THEREOF SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE IMAGINE BACKYARD LIVING WEBSITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.
You are responsible for complying with applicable local laws, keeping in mind that access to Imaginebackyard.com or its content may not be legal by certain persons or in certain countries.
If any part of these Conditions of Use are held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Conditions of Use are between you and Imagine Backyard Living, Inc. and may not be transferred, assigned or delegated to anyone without our express written permission. Any attempt to assign, transfer or delegate these Conditions of Use without our express written permission shall be null and void.
By visiting the Imaginebackyard.com website, you agree that the laws of the state of Arizona, 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 Imagine Backyard Living, Inc. or its affiliates. Venue and jurisdiction shall solely and exclusively be in Maricopa County, Arizona, U.S.A. and you consent to exclusive jurisdiction and venue in such courts.
Any dispute you may have with respect to Imagine Backyard Living, Inc. must be commenced within one year after it arises, or the cause of action is barred.
Imagine Backyard Living website, www.Imaginebackyard.com, is operated by Imagine Backyard Living, an Arizona State corporation, with headquarters located at:
15551 N Greenway Hayden Loop
Scottsdale, AZ 85260