terms

_{BACKYARDESCAPE.COM USER AGREEMENT}

_{Welcome to
Backyardescape.com's User Agreement. This Agreement is a legal agreement
between you and Backyardescape.com regarding your use of Backyardescape.com's
web site proprietary services ("Services"). By using the Services,
you are agreeing to the terms and conditions included in this Agreement (the
"Terms of Service").}

_{1. Backyardescape.com Services.}_{This agreement covers your use of
Backyardescape.com's Services on this site only. Your use of services on
other sites will be covered by separate agreements. Our Services are
available only to individuals who can form legally binding contracts under
applicable law, and therefore, excludes minors.}

_{2. Use of the Services.}_{You may use the Services for personal and business
purposes. However, you may not sell, lease or resell the services to or
on behalf of any other party. In addition, you may not use, or permit
to be used, Backyardescape.com Services in violation of any applicable law,
regulation or policy, or in violation of any third parties' rights.}

_{3. Terms and Conditions of Use.}

_{(a) Agreement to Terms. By using the information, services and
products available through Backyardescape.com you are agreeing to the terms and
conditions contained herein.}

_{(b) Modification. Backyardescape.com reserves the right to
modify the Terms of Service at any time, and such modifications shall be
effective immediately upon the earlier of posting of the modified Terms of
Service or by e-mail notification to you.}

_{(c) You agree to review these Terms of Service periodically to be
aware of such modifications, and your continued access or use of this web
site shall be deemed your acceptance of the modified Terms of Service.}

_{(d) You agree that these standards for notice of changes are
reasonable.}

_{(e) You acknowledge and agree that Backyardescape.com or its
affiliates may deny you access to or use of all or part of this web site
without prior notice if you engage in any conduct or activities that
Backyardescape.com in its sole discretion believes violates any of these
Terms of Service, violates the rights of Backyardescape.com, or is otherwise
inappropriate for continued access and use of this web site.}

_{4. Your
Information.}

_{(a) By giving us your email address, you are certifying in this
Agreement that you have the right to use your email address.}

_{(b) By providing information to us via this web site (such a,
feedback, data, comments, questions, suggestions, plans or ideas), you agree
that such information shall be non confidential and that Backyardescape.com
shall have unlimited rights to (or not to): use, distribute, reproduce, and
disclose such information as Backyardescape.com deems appropriate, without
compensation or acknowledgement of its source. Backyardescape.com shall be
free to use any ideas, concepts, know-how or techniques contained in
information you provide Backyardescape.com through Backyardescape.com 's web
site.}

_{(c) In exchange for use of this web site, you agree that any information
you submit to us will be current and complete and will not violate the rights
of any third parties, and you agree to defend, indemnify, and hold harmless
Backyardescape.com, its affiliates and content suppliers, and their
successors against any claims by third-parties alleging facts in breach of
these representations.}

_{(d) While Backyardescape.com will not knowingly divulge your email
address or any other personal information to outside parties, you agree that
Backyardescape.com will not be liable for acquisition or use of your
information by any third party without Backyardescape.com's knowledge or
consent. In turn, you agree that Backyardescape.com will not be liable for
the acquisition or use of personal information about you that is not under our
control.}

_{(e) Backyardescape.com is against unsolicited e-mail (SPAM) as a
matter of policy. Therefore, we will NOT send you any
advertisement-only messages as part of the Services. However, in order to
support this FREE service, you will receive advertisements within the email
notifications you receive.}

_{5.
Ownership.}

_{(a) Backyardescape.com has and shall retain all right, title and
interest in and to any software or technology used in providing the Services,
and all intellectual property rights therein.}

_{(b) All content included on this web site, including text, graphics,
logos, buttons, icons, and images, is the property of Backyardescape.com or
its affiliates, content suppliers, or other licensors, with ownership as
indicated by specific copyright and trademark notices and/or context, and is
protected by U.S, and international copyright and trademark laws.}

_{6. Consumer Information.}_{The consumer information contained here is
intended, in part, to alert the reader to pertinent issues regarding this
site. The information contained herein is not intended as a substitute for
professional consultation. If
professional assistance is required, the services of a competent professional
person should be sought.}

_{7. Pricing and Availability.}_{Any pricing information listed on
this web site is subject to change without notice. Certain items herein may
be discontinued or may be unavailable in some areas.}

_{8. Disclaimers.}

_{(a) The availability of the Services depends on many factors,
including your connection to the Internet, the availability of the
Backyardescape.com 's web site or services, and equipment that is not, by its
nature, fault tolerant.}

_{(b) THE SERVICES ARE PROVIDED "AS IS". NO WARRANTIES ARE
PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE
SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE,
RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR
PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION,
STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN
CONJUNCTION WITH THE SERVICES.}

_{(c) Backyardescape.com AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE
SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE
SERVICES, FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR
INFORMATION.}

_{(d) Backyardescape.com and its affiliates and content suppliers
reserve the right to alter or delete the products, services and information
available from this web site at any time.}

_{(e) The information contained in this World Wide Web site is provided
for informational purposes only. While Backyardescape.com has tried to
provide accurate and timely information1 there may be inadvertent
inaccuracies and typographical errors. We reserve the right to make changes
and corrections at any time, without notice.}

_{(f) Backyardescape.com does not warrant the accuracy, completeness or
usefulness of the information, text, links or other items contained on this
web site and Backyardescape.com expressly disclaims liability for errors or
omissions in these materials.}

_{(g) Backyardescape.com makes no commitment to update the information
contained on this web site.}

_{(h) Third party web sites listed as hypertext links herein are not
under the control of Backyardescape.com. Accordingly, Backyardescape.com can
make no representation concerning the content of these web sites nor can the
fact that Backyardescape.com has included this link serve as an endorsement
by Backyardescape.com of any of these web sites.}

_{(i) Nothing contained in this web site constitutes investment advice.}

_{(j) All sales of products listed herein are subject to our usual terms
and conditions of sale.}

_{(k) Names and contact information provided herein for any inground pool builder, above ground pool builder, pool retailer, chemical supplier, service professional, pool remodeler or spa dealer are provided for informational purposes only. SCP Pool Corporation and its subsidiaries, affiliates, and employees do not endorse or recommend any such individuals and/or entities and do not warrant or assume any legal liability or responsibility for the workmanship, service, information or products offered or provided by such individuals and/or entities.}

_{9. Trademarks.}_{All trademarks, company names, and product names
are the property of their respective owners.}

_{10. Copyright.}_{The content of this web site, including but not limited
to the text and images herein and their arrangement are copyright @2OOO
Backyardescape.com. All Rights Reserved. Certain images herein are owned by
and have been provided by our members and are used with permission. Please
contact us if you are interested in receiving permission for commercial or
non-commercial use of any of the images or content herein.}

_{11. Limitation of liability.}_{IN NO EVENT WILL
Backyardescape.com, ITS SUPPLIERS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT
OR ARISE OUT THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, ANY
INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, ANY
OTHER PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES, OR ANY
TRANSMISSION OR USE OF YOUR INFORMATION. IN NO EVENT SHALL
Backyardescape.com'S, ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE LIABILITY TO
CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED
DOLLARS ($100).}

_{12. Indemnification.}

_{(a) You agree to indemnify, defend and hold harmless
Backyardescape.com, its affiliates, officers, directors, employees,
consultants, agents and suppliers from and against any and all claims,
liability, damages and/or costs (including but not limited to reasonable
attorneys' fees) arising from your use of this web site and the Services
provided under this Agreement, the violation of these terms and conditions by
you, or the infringement by you, or other users of Backyardescape.com 's web
site through the use of your computer or your infringement of any
intellectual property or other right of any person or entity.}

_{(b) Backyardescape.com reserves the right at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you}

_{13. Termination of Service.}

_{(a)Either you or Backyardescape.com may terminate this Agreement and
the Services at any time and for any reason, but until that time it remains
in full force and effect.}

_{(b) These terms are effective until terminated by either party. You
may terminate these terms at any time by destroying all materials obtained
from any and all Backyardescape.com site(s) and all related documentation and
all copies and installations thereof, whether made under the terms of these
terms or otherwise.}

_{(c) These terms will terminate immediately without notice from
Backyardescape.com if in Backyardescape.com's sole discretion you fail to
comply with any term or provision of this Agreement.}

_{(d) Upon termination, you must destroy all materials obtained
from the site and any and all other Backyardescape.com site(s) and all copies
thereof, whether made under the terms of these terms or otherwise.}

_{(e) The terms of this Section and Sections 4, 5, 8,11 and 12 will
survive any termination of this Agreement.}

_{14. Message
Center Policies}

_{(a) Backyardescape.com does not and cannot monitor each and
every message posted in the message Center.}

_{(b) Backyardescape.com is not responsible for any message posted, and
does not vouch for or warrant the accuracy, validity, completeness or
usefulness of any message. The messages express the views of their
authors, not necessarily the views of Backyardescape.com.}

_{(c) By posting in the Message Center, you agree:}

_{Many areas of Backyardescape.com
are "public", such as our Message Center. By submitting
content in these public areas, you grant to Backyardescape.com the
complete right to use, reproduce, modify, distribute, etc., the content
in any part, anywhere.}
_{Although Backyardescape.com
is not responsible for the content of these messages, we at
Backyardescape.com reserve the right to delete any message for any
reason or no reason whatsoever.}
_{You remain solely
responsible for the content of your messages, and you agree to indemnify
and hold harmless Backyardescape.com and its agents with respect to any
claim based upon transmission of your message(s).}
_{We at Backyardescape.com
also reserve the right to reveal your identity (or whatever information
we know about you) in the event of a complaint or legal action arising
from any message posted by you.}
_{Backyardescape.com may
delete any and all information, communications, postings, or web pages
for online conduct that Backyardescape.com believes is harmful to other
members or users of this web site, the business of Backyardescape.com
or other third-party information providers.}

_{(d) Backyardescape.com reserves the right to end a discussion or
lock a thread if we feel that the discussion has become unproductive or combative,
or if the topic is unnecessarily dominating the message center.
Backyardescape.com reserves the right to lock a thread if there have been no
messages in it for 30 days.}

_{15. Community Guidelines}

_{(a) Backyardescape.com takes pride in its community. We are protective
of this community and want it to thrive and grow. For this reason, we have
implemented the Community Guidelines, which are outlined below. These
guidelines explain what you can expect of Backyardescape.com, as well as the
kind of online behavior we expect of you.}

_{(b) The number one guideline to be followed at all times is
"treat others as you would like to be treated yourself." Abuse of
other members will absolutely not be tolerated.}

_{(c) Also, remember that community standards are always evolving. It is
important that you periodically check this document for alterations and
updates. It's all part of taking pride in and protecting the
Backyardescape.com community. Thanks for doing your part.}

_{(d) Online conduct should be guided by common sense and basic
etiquette. You will be considered in violation of our Community Guidelines if
you do any of the following:}

_{Use strong vulgar language,
crude or explicit sexual references, demeaning racial or ethnic
remarks, and/or hate speech.}
_{Post any material which is
knowingly false and/or defamatory, or invasive of a person's privacy.}
_{Harass, threaten, or
intimidate another member. During debate or disagreement, always
address the issue at hand, not the individual.}
_{Create multiple accounts for
use on Backyardescape.com.}
_{Post, transmit, or
distribute illegal content.}
_{Post, transmit, or
distribute copyrighted or trademarked content without authorization.}
_{Impersonate another member
or individual. Impersonating a member, celebrity, Backyardescape.com
employee, or administrator/moderator will result in immediate expulsion
from the community.}
_{Attempt to access other
members' passwords, account information, or private information.
Remember: Backyardescape.com employees will NEVER ask for your
password. Don't EVER give your password out to anyone.}
_{Collect member information
via Backyardescape.com's member information retrieval function. The use
of such information for the purpose of sending unsolicited bulk e-mail
is strictly prohibited.}
_{Engage in unsolicited email
spamming of Backyardescape.com members or message forums.}
_{Promote chain letters and
pyramid schemes, illegal or not, in the Backyardescape.com message
center or via private email to our members.}
_{Advertise products or
services in Backyardescape.com's Message Center or to our members. This
includes (but is not limited to) auction sites and auction related
discussion forums.}

_{16. Moderation
and Enforcement of Guidelines}

_{(a) Moderation messages will be public. This is not done to embarrass or
upset the poster but, rather, to serve as a learning experience for all
users. Similarly, messages will not be deleted unless they are obscene,
invasive of a person's privacy, or otherwise in gross violation of our
guidelines. The poster will be warned in the same thread, with the relevant
portion of the message quoted as necessary. The poster, of course, always
retains the option of editing their initial message.}

_{(b) Moderations will follow a three step process:}

_{Informal Warning.}_{This may or may not contain
those words but is a message from the Moderator indicating that you
have crossed the line. Please pay attention to such messages and follow
the Moderator's instructions.}

_{Formal Warning.}_{If a user has received an
informal warning and, in the next 30 days violates this or another
guideline, s/he will receive a formal warning. Formal warnings may also
be issued immediately for gross violations of the rules, directly
insulting another user, or arguing a moderation call in the thread.}

_Suspension._{A user who has been
issued a formal warning and again violates Community Guidelines will
receive a 30 day suspension. Suspensions are automatic, but may be
appealed via email. We reserve the right to issue a suspension for
blatant attempts to disrupt the forum, use of multiple Ids in any
Message Center forum, or if in the opinion of the Moderator, such an
action is required to ensure the safety, comfort and/or enjoyment of
the forum by other users. Continued violation of Backyardescape.com
Community Guidelines after suspension may result in permanent
expulsion.}

_{17. Miscellaneous.}

_{(a) Entire Agreement. This Agreement constitutes the
entire agreement between you and Backyardescape.com with respect to the
Services and supersedes all other agreements, contemporaneous and prior,
between you and Backyardescape.com with respect to the Services.}

_{(b) Nonwaiver. Backyardescape.com's failure to enforce any
provision of this Agreement will not be construed as a waiver of any
provision or right.}

_{(c) Amendment. Backyardescape.com can revise these Terms and
Conditions by updating this posting. No amendment or modification
hereof will be valid or binding upon either party unless assented to by
Backyardescape.com.}

_{(d) Severability. In the event that a portion of this Agreement
is held unenforceable, the unenforceable portion will be construed in
accordance with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remainder of the provisions will remain in
full force and effect.}

_{(e) No Estoppel. Waiver by either party of a breach of any
provision of this Agreement or the failure by either party to exercise any
right hereunder shall not operate or be construed as a waiver of any
subsequent breach of that right or as a waiver of any other right.}

_{(f) Act of God. Backyardescape.com will not be liable in any
amount for failure to perform any obligation under this Agreement if such
failure is caused by the occurrence of any unforeseen contingency beyond the
reasonable control of such party including without limitation Internet
outages, communications outages, fire, flood, war or act of God.}

_{(g) No Obligation to Monitor. Backyardescape.com does not have
any obligation to monitor use of the Services, but Backyardescape.com may do
so and may also disclose information regarding your use of the Services to
satisfy laws, regulations or other government requests.}

_{(h) North Carolina Agreement. As you are accessing the information on
the Backyardescape.com web site on a server in Salisbury, North Carolina, the
information contained on Backyardescape.com web site shall be deemed provided
in North Carolina and shall be deemed subject to North Carolina law. These
Terms and Conditions will be governed and interpreted pursuant to the laws of
North Carolina, notwithstanding any principles of conflicts of law.}

_{18. Contacting Us.}_{You may contact Backyardescape.com at:
Telephone: 877.407.POOL

Fax: 704.642.0058.}

_{THANK YOU FOR
VISITING AND USING THE BACKYARDESCAPE.COM WEB SITE. WE APPRECIATE YOU
AS A CUSTOMER.}

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