Welcome to The Backyard Bonaza!

Terms and Conditions

Last Updated:

December 7, 2020

IMPORTANT: PLEASE READ THIS TERMS OF USE AGREEMENT BEFORE USING WWW.NDCSALES.COM. THIS AGREEMENT REPRESENTS A LEGALLY BINDING DOCUMENT. These Terms APPLY IN ADDITION TO, not in lieu of, the terms provided in our Return Policy and Privacy Policy.
1. Agreement

By using, accessing or browsing http://www.thebackyardbonanza.com, or any of the collective content, information, and services thereon (“Website”), you (“User” or “you”) signify your consent to these terms of use (“Agreement”), which, together with the Privacy Policy of The Backyard Bonanza a Wyoming limited liability company (“Company”, “we”, “our” or “us”), govern our relationship with you in relation to the Website.  If you do not agree to each and every term and condition set forth in these terms of use, you should immediately cease all usage of the Website.

You must be at least eighteen (18) years of age to use the Website.  By using the Website and by agreeing to these terms and conditions you warrant and represent that you are at least eighteen (18) years of age.

2. Using Our Website

The Company, through the Website, is providing you with the opportunity to contract for the purchase of certain goods (“Products”). The content of the pages of the Website is for your general information and use only. It is subject to change without notice.

 

The Company grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with this Agreement. Your use of our Website is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

You must follow any policies made available to you within the Website.

 

You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Website to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

 

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. You may not use content from our Website unless you obtain permission from us or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website. Do not remove, obscure, or alter any legal notices displayed in or along with our Website.

 

In connection with your use of the Website, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

 

The content and materials available on The Backyard Bonanza website are for information purposes only, and intended to provide you potential benefits and hazards in using UVC germicidal products. The information contained in this website is not intended to diagnose, prescribe or replace the advice of professionals.

 

For official information regarding the efficacy, use and safety of UVC germicidal light, we strongly advise you to consult the CDC, NIH, EPA and FDA websites regarding UVC efficacy, safety and regulations. UVC products are not designed to be used on the skin, the eyes or any part of the body. These devices are not for use on animals. Inappropriate and improper use of the UVC products could be dangerous and harmful.

We disclaim any and all liability for any damage arising from your purchase and use of our UVC products. The UVC products herein are offered on an as-is basis and no representations or warranties, whether express or implied, are being made as to the safety, reliability, durability and performance of any of the products found in this website.

 

Any statement tending to ensure safety, reliability, durability and performance of the products, and in all instances, if any, are made only for promotional and marketing purposes. By confirming your purchase of the products herein offered, you hereby acknowledge and unconditionally accept the terms and conditions for the use of the products as well the disclaimers herein stated. These products are not for resale.

3. Your Account and Personal Information

You may need an account on the Website in order to use some areas of the Website or some services on the Website. To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. Try not to reuse your account password on third-party applications. If you learn of any unauthorized use of your password or account, contact the Company immediately.

 

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Website. By using our Website, you agree that we can use and store such data in accordance with our Privacy Policy.

 

If you no longer wish to have a registered account, you may terminate your account by sending an email to ..

 

 If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Website. Continued use of the Website indicates your continued acceptance of these terms and conditions.

 

We may terminate your registered account, at our sole discretion, by sending you notice at the email address or address you have registered stating that the Agreement has terminated.  Such termination notice shall be effective when sent.  Upon termination of your registered account we reserve the right to retain and use all information in accordance with our Privacy Policy.

4. Payment

If you purchase any of the Products from the Website, you agree to pay us the applicable Product price plus shipping, packing, handling, and any additional fees (“fees” as used in this Agreement shall include costs) and taxes.

5. Disclaimer of Warranties.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THE COMPANY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES OR REPRESENTATIONS ABOUT THE WEBSITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE WEBSITE, THE SPECIFIC FUNCTIONS OF THE WEBSITE, OR THEIR RELIABILITY, ACCURACY, AVAILABILITY, ABILITY TO MEET YOUR NEEDS, OR OTHERWISE. WE PROVIDE THE WEBSITE “AS IS” AND ON AN “AS AVAILABLE” BASIS.

THE COMPANY SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY BE INAPPLICABLE.

6. Limitation of Liability

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products, services or information available through this Website meet your specific requirements.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THIS AGREEMENT OR RELATED TO THE USE OF THE WEBSITE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF (1) THE AMOUNT YOU PAID US TO USE THE WEBSITE (IF ANY), OR (2) ONE HUNDRED AND NO/100 DOLLARS ($100.00).

By using this Website, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. We would not allow you to use the Website without the inclusion of such exclusions and limitations.   

7. Use Disclaimer

Our Products present minimum risk when used by professionals who know how to use them. Users must shield their eyes and skin to avoid light damage and severe injuries to the eyes and skin when using hand-held devices and must not be in the room when using any of our Products for home or business.

At this moment, none of our Products are not certified or approved under any applicable laws as a medical device and as such the Company does not currently intend for these devices to be used as medical devices anywhere in the world.

8. Indemnification

You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its owners, managers, directors, officers, affiliates, parents, subsidiaries, agents, employees, successors, assigns and sub-contractors.  You agree that you will not bring any claim personally against the Company’s owners, managers, officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company’s owners, managers, directors, officers, affiliates, parents, subsidiaries, agents, employees, successors, assigns and sub-contractors as well as the Company.

You agree to defend, indemnify and hold the Company and its owners, managers, directors, officers, affiliates, parents, subsidiaries, agents, employees, successors, assigns and sub-contractors harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by the Company, directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement or any information represented by you to the Company being untrue; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

9. Modifications to Website and Interruption to or Termination of Website Service

Any decisions of the Company to be made with respect to any matter shall be made in the Company’s sole and absolute discretion and may be exercised with our without notice to the User unless specifically stated otherwise. The Company reserves the right to modify or discontinue the Website or any part of the Website with or without notice to the User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Website or any part thereof. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

We do not represent or otherwise warrant that the Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Website at any time with or without notice. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website.

10. Third-Party Sites

Our Website may include links to other websites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding such links or the content located on such websites. Your use of those third-party websites is at your own risk and subject to the terms of use and privacy policies of each website, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ websites and take reasonable precautions to protect from any risks associated with using such websites.

THE INCLUSION OF THIRD PARTY WEBSITES DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY THE COMPANY AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN. YOU AGREE THAT USE OF OR ACCESS TO ANY THIRD PARTY WEBSITES FROM THE COMPANY’S WEBSITE IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE USE OF OR ACCESS TO SUCH THIRD PARTY SITES OR FOR ANY INFORMATION APPEARING ON ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

11. Advertisers and Sponsors Disclaimer

The Website may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY THE COMPANY AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

12. Disclaimer Regarding Accuracy of Vendor Information

Product specifications, descriptions and other information have been provided by vendors or parties other than the Company. While the Company makes reasonable efforts to ensure that the product specifications, descriptions, and other information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any product specifications, descriptions, and other information provided on this Website.

Except as specifically stated in writing, the Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor or any other party shall be at your own risk.  The Company expressly disclaims any liability for any warranties or representations made by any other party than the Company.

13. Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in the Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Company, or any owners, managers, directors, officers, affiliates, parents, subsidiaries, agents, employees, successors, assigns and sub-contractors. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website.

14. Pricing and Specifications

Errors in pricing, product descriptions, specifications and/or other information may occur. We reserve the right to correct any such errors or cancel any orders placed at an incorrect price.

15. Return Policy

The return procedure for any Product shall be as specified in the warranty (if any) for each Product or in the Company’s Return Policy.  Failure to follow return procedures set forth by the Company may result in an inability to process your return.  If a return procedure is not specified or a Product is sold with no warranty, then returns will not be accepted. No refund, replacement product or other credit or consideration will be given for any Product returned to the Company without following the Company’s return procedures, and the Product will not be returned to you.  We expressly disclaim any liability for any returns sent back to us without following the return procedure set forth by the Company, and you agree that failure to follow the return procedure will constitute a waiver of any refund replacement product or other credit or consideration that may otherwise be due to you. 

16. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

17. Copyright and Trademark Information

All content included or available on this Website is the property of the Company and/or third parties protected by intellectual property rights.

You may not:  republish material from this Website (including republication on another website); sell, rent or sub-license material from the Website; show any material from the Website in public; reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; edit or otherwise modify any material on the Website; or redistribute material from this Website.

 

Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Company.

 

The Company or this Website may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the Company.

 

Any other trademarks displayed on the Company’s Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Company.

 

The Company takes the protection of its copyright very seriously.

 

If the Company discovers that you have used its copyright materials in contravention of the license above, the Company may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

 

 

 

The Company will respond quickly to claims of copyright infringement as found on the Website, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

 

1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on the Website;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

18. Breaches of Terms of Use

Without limiting the Company’s other rights under this Agreement or at law or equity, if you breach this Agreement in any way, the Company may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, terminating your account, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

19. Revisions, Amendments, or Modifications

We reserve the right, at any time, to modify, alter, or update portions of these terms without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

20. Errors, Omissions and Inaccuracies

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

21. Severability

If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Entire Agreement

These terms and conditions, together with the Privacy Policy and any written warranty agreement provided by the Company, constitute the entire agreement between you and the Company in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

23. Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.  Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Orange County, California, and you consent to the personal jurisdiction of such court.

24. Other Terms

These terms control the relationship between the Company and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we do not take action right away or do not enforce this Agreement, this does not mean that we are giving up any rights that we may have (such as taking action in the future), and such failure to exercise any right or provision shall not constitute a waiver of such right or provision.

You agree that this Agreement and any other agreements referenced herein may be assigned by the Company, in our sole discretion.  You may not assign your rights under this Agreement.

The following Sections survive as long as legally possible after any termination of this Agreement: Disclaimer of Warranties; Limitation of Liability; Indemnification, Law and Jurisdiction, Compliance with Laws, Copyright and Trademark Information, and any Section, or part thereof, which could reasonable be interpreted or inferred to be carried out or enforced after termination of this Agreement.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.