Terms of Service

Welcome to Backyard Vinyl. These Terms of Service (the “Terms”) govern your access to and use of the website at backyardvinyl.com and any pages, subdomains, or related properties operated by Backyard Vinyl (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Site.

1. Changes to These Terms

We may revise these Terms at any time. Revisions take effect when posted to this page. Your continued use of the Site after revisions are posted constitutes your acceptance of the updated Terms. If a change is material, we will update the Effective Date at the top of this page. We encourage you to review these Terms periodically.

2. Privacy

Information you submit through the Site — including your name, phone, email, ZIP code, and service interest — is collected and used in accordance with our Privacy Policy. By using the Site you consent to those data practices.

3. Accessing the Site and Account Security

We reserve the right to withdraw, modify, suspend, or restrict access to all or any part of the Site at any time, without notice and without liability. The Site does not currently require a user account. If we introduce account features in the future, you will be responsible for safeguarding your login credentials and for any activity that occurs under your account.

4. Intellectual Property; Permitted Use

All content on the Site — including text, graphics, logos, photographs, video, software, and the selection, arrangement, and design of the foregoing — is owned by Backyard Vinyl, its affiliates, or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your own personal, non-commercial purposes. You may not:

• copy, reproduce, republish, upload, transmit, or distribute Site content except as expressly permitted in writing by Backyard Vinyl;
• sell, rent, sub-license, or otherwise commercialize Site content;
• create derivative works of or reverse engineer any portion of the Site;
• frame the Site or any portion of it within another site without our written permission; or
• remove or alter any copyright, trademark, or other proprietary notice contained in Site content.

Backyard Vinyl and the Backyard Vinyl logo are trademarks of Backyard Vinyl or its affiliates and licensors. No license to use any such mark is granted by these Terms; any such use requires prior written permission.

5. Informational Purposes Only

The Site provides general information about Backyard Vinyl and the services we provide. Nothing on the Site constitutes a binding offer to sell or a guarantee of service availability in your area, and the Site is not intended to provide professional engineering, contracting, legal, or financial advice. Specific quotes, scopes of work, warranties, and contracts are issued only after an on-site evaluation.

6. Accuracy and Personal Responsibility

We do our best to keep Site information accurate and current, but we do not warrant that all content is complete, accurate, or up to date. Product specifications, color samples, finish examples, and project galleries are provided for illustrative purposes; actual installations may vary. You assume responsibility for any decisions you make based on information presented on the Site, and we encourage you to verify details with us before relying on them.

7. Electronic Communications and Lead Inquiries

When you submit a contact form, request a free quote, or otherwise provide your contact information through the Site, you agree that we may contact you by phone call, text message, or email regarding your inquiry. You consent to electronic delivery of any disclosures, notices, agreements, or other communications that we are required to provide to you under applicable law, and you agree that such electronic communications satisfy any legal requirement that those communications be in writing.

Calls and text messages may be made using automated technology. Standard message and data rates may apply. Reply STOP to any text message to opt out of further texts from the sender of that message.

8. User Submissions

You are responsible for any content you submit through the Site, including form messages, reviews, and any other communication (collectively, “User Submissions”). You represent and warrant that you own or have the necessary rights to your User Submissions and that they do not violate any third-party rights or applicable law.

By submitting content to the Site, you grant Backyard Vinyl a non-exclusive, royalty-free, worldwide, perpetual, transferable license to use, reproduce, modify, publish, and display the User Submission in connection with operating the Site, providing the services you requested, and promoting Backyard Vinyl.

You agree not to submit content that is unlawful, threatening, defamatory, obscene, infringing, or otherwise objectionable, or to use the Site to transmit any virus, malware, scraper, or other harmful code. We reserve the right (but assume no obligation) to monitor, remove, or refuse any User Submission for any reason.

9. Links to Third-Party Sites

The Site may contain links to third-party websites that we do not control. Third-party websites are governed by their respective terms. Backyard Vinyl is not responsible for the content, accuracy, privacy practices, or availability of any linked site, and inclusion of a link does not imply endorsement.

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. BACKYARD VINYL DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BACKYARD VINYL, ITS AFFILIATES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR REVENUES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BACKYARD VINYL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms limits any liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence or for fraud.

12. Indemnification

You agree to indemnify, defend, and hold harmless Backyard Vinyl, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your User Submissions, or your misuse of the Site.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of IA, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or your use of the Site is the state or federal courts located in IA, and you consent to the personal jurisdiction of those courts.

Before filing any formal action, you agree to attempt in good faith to resolve the dispute by contacting us in writing at the address below and providing a brief written description of the dispute and the relief sought. We will respond within thirty (30) days.

14. Termination

We may terminate or suspend your access to the Site at any time, with or without cause and without notice. The provisions of these Terms that by their nature should survive termination (including, without limitation, intellectual property, disclaimers, limitations of liability, and governing law) will survive.

15. Entire Agreement; Severability

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Backyard Vinyl regarding your use of the Site and supersede any prior agreements on the same subject. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. Contact

Questions about these Terms can be sent by mail to:

Backyard Vinyl
Attn: Legal
19136 91st Street
Maquoketa, IA 52060