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Terms of Service

EFFECTIVE DATE: 08/15/2024

AGREEMENT TO OUR LEGAL TERMS

Welcome to Wayne ECommerce, LLC (dba Backyard Beats and Eats), ("Company," "we," "us," "our"). We are a Michigan-based company located at 27 S. Squirrel Road, Suite 108, Auburn Hills, MI 48326, United States.

We manage and provide access to the website www.backyardbeatsandeats.com (the "Site"), the mobile application Backyard Beats and Eats (the "App"), and any other related products and services that refer to or link to these terms (collectively, the "Services").

For any inquiries, you may contact us via:

  • Phone: 855-648-3473
  • Email: sales@backyardbeatsandeats.com
  • Mail: 27 S. Squirrel Road, Suite 108, Auburn Hills, MI 48326, United States

By accessing or using our Services, you agree to abide by and be bound by these Terms of Service. If you do not agree to these terms, please discontinue use immediately.

We may update these Terms from time to time. Any changes will be reflected by updating the "Last updated" date at the top of these Terms. It is your responsibility to review these Terms periodically. Your continued use of the Services constitutes acceptance of any changes.

Our Services are intended for users who are at least 18 years old. Individuals under 18 are not permitted to use or register for our Services.

We recommend printing a copy of these Terms for your records.

TABLE OF CONTENTS

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. Products
  5. Purchases and Payment
  6. Return Policy
  7. Prohibited Activities
  8. User Generated Contributions
  9. Contribution License
  10. Guidelines for Reviews
  11. Mobile Application License
  12. Services Management
  13. Privacy Policy
  14. Copyright Infringements
  15. Term and Termination
  16. Modifications and Interruptions
  17. Governing Law
  18. Dispute Resolution
  19. Corrections
  20. Disclaimer
  21. Limitations of Liability
  22. Indemnification
  23. User Data
  24. Electronic Communications, Transactions, and Signatures
  25. SMS Text Messaging
  26. California Users and Residents
  27. Miscellaneous
  28. Contact Us

OUR SERVICES

The Services are provided for use in jurisdictions where such use complies with local laws and regulations. Users accessing the Services from outside their jurisdiction do so at their own risk and are responsible for ensuring compliance with local laws.

Our Services are not designed to comply with specific industry regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)). Users subject to such laws should not use the Services.

INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We own or license all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as trademarks, service marks, and logos (collectively, the "Marks"). These are protected by copyright, trademark, and other intellectual property laws.

Your Use of Our Services

We grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and
  • Download or print Content for personal, non-commercial use.

No part of the Services, Content, or Marks may be used for commercial purposes without our express prior written permission. To request such permission, please email us at sales@backyardbeatsandeats.com or call or text us at 855-648-3473.

YOUR SUBMISSIONS AND CONTRIBUTIONS

Submissions: By sending us questions, comments, suggestions, or other information ("Submissions"), you grant us all intellectual property rights to use and disseminate these Submissions for any lawful purpose without compensation.

Contributions: If you post content through the Services (e.g., text, photos, videos), you grant us an unrestricted, perpetual, worldwide license to use, copy, distribute, and exploit such Contributions for any purpose. This includes using your name, image, and voice.

Responsibility: You are responsible for your Contributions and must ensure they comply with our "Prohibited Activities" section. You agree to indemnify us for any losses arising from breaches of these terms or intellectual property rights.

Removal of Content: We may remove or edit any Contributions that violate these Terms without notice. We may also suspend or disable your account if necessary.

  1. USER REPRESENTATIONS
  2. PRODUCTS
  3. PURCHASES AND PAYMENT
  4. RETURN POLICY
  5. PROHIBITED ACTIVITIES
  6. USER GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENSE
  8. GUIDELINES FOR REVIEWS
  9. MOBILE APPLICATION LICENSE
  10. SERVICES MANAGEMENT
  11. PRIVACY POLICY

Please review our Privacy Policy for information on how we collect, use, and protect your personal information.

  1. COPYRIGHT INFRINGEMENTS
  2. TERM AND TERMINATION
  3. MODIFICATIONS AND INTERRUPTIONS
  4. GOVERNING LAW
  5. DISPUTE RESOLUTION
  6. CORRECTIONS
  7. DISCLAIMER
  8. LIMITATIONS OF LIABILITY
  9. INDEMNIFICATION
  10. USER DATA
  11. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  12. SMS TEXT MESSAGING
  13. CALIFORNIA USERS AND RESIDENTS
  14. MISCELLANEOUS
  15. CONTACT US

For any questions about these Terms, please contact us at:

  • Phone: 855-648-3473 (call or text)
  • Email: sales@backyardbeatsandeats.com
  • Mail: 27 S. Squirrel Road, Suite 108, Auburn Hills, MI 48326, United States

COPYRIGHT INFRINGEMENT

At Wayne ECommerce, LLC (dba Backyard Beats and Eats), we respect the intellectual property rights of others. If you believe that any content available on or through our Services infringes on a copyright you own or control, please refer to the Copyright Infringements section below for instructions on how to notify us.

USER REPRESENTATIONS

By accessing or using the Services, you represent and warrant that:

  1. Legal Capacity: You possess the legal capacity to enter into this agreement and agree to adhere to these Legal Terms.
  2. Age: You are not a minor in the jurisdiction where you reside.
  3. Non-Automated Use: You will not access the Services using automated methods such as bots or scripts.
  4. Permitted Use: You will not use the Services for any illegal or unauthorized purposes.
  5. Compliance: Your use of the Services will comply with all applicable laws and regulations.

If any information you provide is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future use of the Services.

PRODUCTS

We strive to accurately display the colors, features, specifications, and details of the products available through our Services. However, we do not guarantee that such information will be accurate, complete, reliable, current, or free from errors. Your device’s display may not precisely reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee stock levels. We reserve the right to discontinue any products at any time for any reason. Prices are subject to change without notice.

PURCHASES AND PAYMENT

We accept the following payment methods:

You agree to provide accurate and current purchase and account information for all transactions. You also agree to promptly update your account and payment information as needed. Sales tax will be added as required, and all transactions are in US dollars.

You authorize us to charge your chosen payment method for all charges at the prices in effect at the time of purchase, including applicable shipping fees. We reserve the right to correct any pricing errors even if payment has been processed.

We may refuse any order and limit or cancel quantities purchased per person or household. These restrictions may apply to orders placed with the same customer account, payment method, or shipping address. We also reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

Please review our Return Policy posted on the Services prior to making any purchases.

PROHIBITED ACTIVITIES

You agree not to use the Services for any purpose other than those intended. The following activities are strictly prohibited:

  • Systematic retrieval of data from the Services to create or compile collections, compilations, databases, or directories without written permission.
  • Deceptive practices, including tricking or misleading us and other users.
  • Circumventing, disabling, or interfering with security features of the Services.
  • Disparaging or harming the reputation of the Services or its providers.
  • Using information from the Services to harass, abuse, or harm others.
  • Misusing support services or submitting false reports.
  • Using the Services in violation of any laws or regulations.
  • Unauthorized framing or linking.
  • Uploading or transmitting viruses, spam, or other harmful material.
  • Automated use of the system, including data mining and scraping.
  • Deleting proprietary notices from Content.
  • Impersonating others or using unauthorized user names.
  • Uploading or transmitting spyware or other information collection mechanisms.
  • Interfering with the Services or creating an undue burden on networks.
  • Harassing or threatening our employees or agents.
  • Bypassing any access restrictions or security measures.
  • Copying, adapting, or reverse engineering the Services’ software.
  • Launching automated systems or unauthorized scripts.
  • Using purchasing agents to buy on the Services.
  • Collecting user information for unsolicited emails or creating accounts under false pretenses.
  • Competing with us or using the Services for revenue-generating purposes.
  • Advertising or selling goods and services.
  • Transferring your profile.

USER-GENERATED CONTRIBUTIONS

The Services may allow you to contribute content, including text, videos, audio, photographs, and other materials (collectively, "Contributions"). Contributions may be visible to other users and through third-party websites, and are considered non-confidential. By making Contributions, you warrant that:

  • Your Contributions do not infringe on the intellectual property rights of any third party.
  • You own or have the necessary rights and permissions to use and authorize us to use your Contributions.
  • You have obtained consent from all identifiable individuals in your Contributions to use their likeness.
  • Your Contributions are truthful, not misleading, and free from unauthorized advertising or solicitation.
  • Your Contributions are not obscene, defamatory, or otherwise objectionable.
  • Your Contributions do not violate any laws or third-party rights, including privacy and child protection laws.
  • Your Contributions do not contain offensive remarks based on race, gender, or other protected categories.

Any violation of these terms may result in suspension or termination of your rights to use the Services.

CONTRIBUTION LICENSE

By posting Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, disclose, sell, publish, and distribute such Contributions in any format or media. This license includes the right to prepare derivative works and sublicense the rights granted. We do not claim ownership over your Contributions, and you retain all intellectual property rights. We are not liable for any content you provide and have the right to edit or remove Contributions at our discretion.

For any questions or concerns, please contact us at:

 

Wayne ECommerce, LLC

dba Backyard Beats and Eats

EIN: 99-1259834
27 S. Squirrel Road, Suite 108
Auburn Hills, MI 48326
United States
Email: sales@backyardbeatsandeats.com
Phone Number: 855-648-3473

GUIDELINES FOR REVIEWS

When posting a review on our Services, please adhere to the following guidelines:

  1. First Hand Experience: Ensure you have firsthand experience with the person or entity being reviewed.
  2. Respectful Language: Avoid offensive profanity, abusive language, or any form of hateful, racist, or discriminatory remarks.
  3. Non-Discriminatory: Do not include discriminatory references based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability.
  4. Legality: Do not mention illegal activities.
  5. No Competitor Affiliation: Refrain from posting negative reviews if you are affiliated with competitors.
  6. Legality of Conduct: Avoid making conclusions about the legality of any conduct.
  7. Accuracy: Ensure your statements are not false or misleading.
  8. No Campaigns: Do not organize campaigns encouraging others to post reviews, whether positive or negative.

We may choose to accept, reject, or remove reviews at our sole discretion. We are not obligated to screen or delete reviews, even if they are deemed objectionable or inaccurate. Reviews do not reflect our opinions or those of our affiliates or partners, and we assume no liability for any review or resulting claims. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right to use and distribute the review content.

MOBILE APPLICATION LICENSE

Use License

If you access our Services via our mobile app, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the app on your wireless electronic devices in accordance with these terms. You agree not to:

  1. Reverse Engineering: Decompile, reverse engineer, disassemble, or decrypt the app, except as permitted by law.
  2. Modifications: Modify, adapt, or create derivative works from the app.
  3. Legal Compliance: Violate any applicable laws in connection with your use of the app.
  4. Proprietary Notices: Remove or obscure any proprietary notices.
  5. Revenue-Generating Uses: Use the app for commercial purposes for which it was not designed.
  6. Network Sharing: Make the app available over a network allowing simultaneous access by multiple devices.
  7. Competing Products: Create products that compete with or substitute for the app.
  8. Automated Queries: Send automated queries or unsolicited commercial email using the app.
  9. Intellectual Property: Use our proprietary information or interfaces in developing applications or devices that interact with the app.

Apple and Android Devices

When using the app from the Apple App Store or Google Play:

  1. License Scope: The license is non-transferable and limited to devices using the applicable operating system, following the App Distributor's terms.
  2. Support and Maintenance: We are responsible for providing maintenance and support, while App Distributors are not.
  3. Warranty: If the app fails to conform to any warranty, you may notify the App Distributor, which may offer a refund, but has no other warranty obligations.
  4. Compliance: You must not be in an embargoed country or on a prohibited list, and must comply with third-party terms.
  5. App Distributors: Acknowledge that App Distributors are third-party beneficiaries and can enforce these terms against you.

SERVICES MANAGEMENT

We reserve the right to:

  1. Monitor: Monitor the Services for violations of these terms.
  2. Legal Action: Take legal action against violators, including reporting to law enforcement.
  3. Access Restrictions: Refuse or limit access to Contributions or Services.
  4. Content Removal: Remove excessive or burdensome files and content.
  5. Service Management: Manage the Services to protect our rights and ensure proper functioning.

PRIVACY POLICY

We are committed to data privacy and security. Please review our Privacy Policy. By using our Services, you agree to our Privacy Policy, which is part of these Legal Terms. Note that our Services are hosted in the United States. By accessing from other regions, you consent to the transfer and processing of your data in the United States.

COPYRIGHT INFRINGEMENTS

We respect intellectual property rights. If you believe content on our Services infringes your copyright, notify us using the contact information below. Your Notification will be sent to the person who posted the material. Misrepresentations in a Notification may lead to liability, so consider consulting an attorney if unsure.

TERM AND TERMINATION

These terms remain effective while you use our Services. We may, at our sole discretion and without notice, deny access or terminate use of the Services for any reason, including breaches of these terms or applicable laws. You are prohibited from creating new accounts if your current account is terminated. We may pursue legal action if necessary.

MODIFICATIONS AND INTERRUPTIONS

We may change or remove content from our Services at any time without notice and are not obligated to update information. We also reserve the right to modify or discontinue the Services. We are not liable for any interruptions or unavailability of the Services. You agree we have no liability for any inconvenience or loss resulting from service disruptions.

GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Oakland, Michigan. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

DISCLAIMER

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or $1,000.00 USD. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

SMS TEXT MESSAGING

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt-out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at sales@backyardbeatsandeats.com or call or text us at 855-648-3473.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

Wayne ECommerce, LLC

dba Backyard Beats and Eats

EIN: 99-1259834
27 S. Squirrel Road, Suite 108
Auburn Hills, MI 48326
United States
Phone: 855-648-3473 (call or text)

Email: sales@backyardbeatsandeats.com