Terms of service

Effective Date: 2026-03-01

1. Introduction

Backyard Living Outfitter is a brand owned and operated by JM Brands Co LLC. Welcome to Backyard Living Outfitter ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at backyardlivingoutfitter.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

Our products are sourced and fulfilled directly by third-party suppliers and manufacturers. Product information, including descriptions, specifications, and imagery, is supplied by the manufacturer. While we make every effort to ensure accuracy, minor variations may occur.

Our services and shipping are available within the contiguous United States only (excludes Alaska, Hawaii, and U.S. territories).

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old, and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

  • Provide true, accurate, current, and complete information during the registration process.
  • Maintain and promptly update your account information to keep it accurate and current.

3.2 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account login credentials.
  • All activities that occur under your account.
  • Notifying us immediately of any unauthorized use of your account.

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.

4.2 Pricing

Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.

4.3 Payment Terms

  • Accepted Payment Methods: Visa, Mastercard, American Express, Discover, PayPal, and all major credit and debit cards.
  • Payment Processing: Payments are processed securely through Shopify Payments.
  • Billing Information: You agree to provide current, complete, and accurate billing information.

4.4 Order Processing Cut-Off

Orders placed by 2:00 PM CST on business days (Monday–Friday, excluding holidays) are processed the same day. Orders placed after 2:00 PM CST or on weekends and holidays will be processed the next business day.

4.5 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

  • Product or service availability.
  • Errors in the description or price of the product.
  • Suspected fraudulent or unauthorized transactions.

5. Shipping and Delivery

5.1 Shipping Region

We ship within the contiguous United States only (excludes Alaska, Hawaii, and U.S. territories). Orders outside this region will not be fulfilled.

5.2 Fulfillment

Our products are sourced and shipped directly by third-party suppliers and manufacturers. Once an order is placed and processed, it is forwarded to our fulfillment partner for shipment. Delivery timelines are subject to supplier processing times and carrier schedules.

5.3 Shipping Policy

Please refer to our Shipping Policy for full information on shipping times, costs, and procedures.

5.4 Risk of Loss

All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.

6. Returns and Refunds

Please refer to our Return and Refund Policy for full information on returns, exchanges, and refunds.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, and software, is the property of JM Brands Co LLC, operating as Backyard Living Outfitter, or its content suppliers and is protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.

7.3 Restrictions

You agree not to:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.
  • Use any meta tags or other hidden text using our name or trademarks without our express written consent.

8. User Content

8.1 Submissions

If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.

8.2 Prohibited Content

You agree not to submit any User Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
  • Infringes on any intellectual property or other proprietary rights of any party.

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
  • Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.
  • Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Services.

10.2 No Warranty

We do not warrant that:

  • The Services will meet your specific requirements.
  • The Services will be uninterrupted, timely, secure, or error-free.
  • The results obtained from the use of the Services will be accurate or reliable.

10.3 Product Information Disclaimer

Product descriptions, specifications, imagery, and other content displayed on backyardlivingoutfitter.com are supplied by third-party manufacturers and fulfillment partners. While we make every effort to ensure accuracy, JM Brands Co LLC, operating as Backyard Living Outfitter, does not warrant that product descriptions or other content are complete, accurate, or error-free. Actual product appearance, dimensions, or specifications may vary slightly from what is displayed on the Website.

11. Limitation of Liability

In no event shall JM Brands Co LLC, operating as Backyard Living Outfitter, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

  • Your use or inability to use the Services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless JM Brands Co LLC, operating as Backyard Living Outfitter, and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

  • Your use of and access to the Services.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including intellectual property or privacy rights.

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.

15. Dispute Resolution

Informal Resolution:

If a dispute arises between the customer and the store, both parties agree to first attempt to resolve the matter informally. Customers can contact our support team at support@backyardlivingoutfitter.com within 30 days of the issue arising.

Mediation and Arbitration:

If the dispute cannot be resolved through informal means, both parties agree that the dispute will be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the State of Minnesota, United States, and the decision of the arbitrator will be final and binding.

Governing Law:

This agreement and any dispute arising from it will be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions.

Class Action Waiver:

Customers agree that any dispute will be resolved individually, and not as part of any class action, consolidated, or representative proceeding.

Exceptions:

Either party may bring a claim in small claims court if eligible or seek injunctive relief for alleged infringement or misuse of intellectual property rights.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.

17.2 Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Contact Information

If you have any questions about these Terms, please contact us:

Hours: Monday to Friday, 9 AM to 5 PM CST