Below are the Terms and Conditions (‘Terms”) for the use of www.BackyardsandGardens.com (“Site”).  Please read these Terms carefully. By accessing this Site, you accept, without limitation or qualification, the following Terms. You are only authorized to use the Site if you agree to abide by these Terms and all applicable laws.  Use of this Site at any time constitutes your agreement to these Terms, as well as our Privacy Policy.  If you do NOT accept the Terms set forth below, then please discontinue your use of the Site.

We may modify these Terms at any time and any modifications of the Terms shall be effective immediately upon posting them on this page of the Site. It is your responsibility to regularly review these Terms to ensure that you are updated as to the current Terms. Any use of the Site following posted changes to the Terms constitutes your acceptance of the new Terms.  The Terms posted below constitute the entire agreement regarding your use of the Site and supercede any such prior terms.

www.BackyardsandGardens.com is provided to you for entertainment purposes only.  By using this Site, you acknowledge and agree that the Site, and any people or parties associated with the ownership of or contribution to the Site, shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, information, goods or services available on or through the Site or any external site or resource linked to or mentioned on the Site. Use of any information posted on the Site is done so at your own risk.

We may provide you and other users an opportunity to submit, post and display information, stories, photos and videos on the Site. We assume no responsibility or liability arising from the content of any such postings.  By posting content on the Site, you represent and warrant that you own the content posted by you and the posting of your content does not violate the privacy rights or copyrights of any person or corporation, and you hereby grant us a nonexclusive global license to publish the content submitted by you to the Site.  We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.

The Site, and any individuals involved in the ownership or contribution to the Site, will not be held responsible for any information and advice posted on the Site or for any results obtained from the use of such information or advice, whether that information is contributed by owners or contractors of the Site or any third party contributors. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice obtained on the Site.

The Site may provide links to other websites or resources (either direct or implied). Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible or liable for any content, advertising, products or other materials on or available through such websites or resources, or the availability of the external websites and resources. A link from the Site or mention of a website or resource is not an endorsement by anyone affiliated with the Site of the information, content or products contained on external websites or resources.  You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.

You may not use this Site for any purpose that is unlawful or prohibited by these Terms. Your access to this Site may be terminated immediately, with or without notice, if you fail to comply with any provision of these terms, or for any other reason at our sole discretion. The material on this Site is protected by copyright, trademark, and other applicable laws. You expressly agree not to use this Site or its contents for any commercial purpose or to modify, copy, reproduce, republish, transmit, publicly display, or distribute in any way any material from the Site without our express written permission. You may, however, download material displayed on the Site for non-commercial, personal use. We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site.

You understand and agree that the Site is provided “As-Is” and that we assume no responsibility for your ability, or any costs or fees associated with your ability, to obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

In no event, shall the Site or the Site’s owners be liable to you or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit damages, arising from your use of the Site, even if we have been advised of the possibility of such damages.  No advice or information obtained by you from the site or from any services the Site offers shall create any warranty not expressly stated in these Terms.

You agree to indemnify and hold us, and our subsidiaries, officers, agents, partners, contributors, contractors, and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site’s services, or by your violation of these Terms.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of Pennsylvania.  If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions of these Terms.

May 25, 2010