ALL SALES FINAL

Please ensure you are happy with your purchase prior to ordering, as we will not be able to cancel or refund your order.

FINAL SALE ITEMS

All items are considered final sale and may not be returned or exchanged.

CANCELING AN ORDER

We are not able to cancel an order after it has been placed.

DAMAGED/DEFECTIVE PRODUCT

If your item arrives damaged or defective, we will happily send you a replacement or refund.

WE'RE HERE TO HELP

Our team is here for you Monday-Friday, 8:00 a.m. - 5:00 p.m. EST. (844) YARDHOME or (844) 927-3466 customerservice@yardandhome.com

Last Updated: October 1, 2019

This is the Privacy Statement of Yard & Home, LLC (the "Company," "us", "we", or “our”).

Our Commitment to Privacy

We are committed to your privacy. We want you to be familiar with how we collect, use and disclose your information. This Privacy Statement is intended to comply with U.S. and international data protection and privacy laws, including the EU General Data Protection Regulation, and describes our practices in connection with information that we collect online and offline.

What Information We Collect Privacy

”Personal Information” is information that identifies you as a natural person or relates to an identifiable natural person. We may collect and process the following Personal Information:

• Personal contact information such as name, address, telephone number and email address;
• Business contact information such as business address, telephone number and email address;
• Information necessary to provide products and services to you or your organization;
• Instructions, comments, and opinions you provide when you contact us directly by email, chat, direct messages, online forms, telephone, or mail;
• Your opinions via surveys we send to you regarding current services, potential new services that may be offered, our Websites, or other matters;
• Payment, credit, and transaction information for billing purposes (however, we do not collect or retain any of your credit or debit card information as a third party service provider processes your financial information);
• Purchase history;
• IP addresses;
• Information that you choose to provide to us when you interact with us or our service providers; and
• Employment related information if you are an employee or former employee of the Company or are applying for a job with us.

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. We may collect and process the following Other Information:

• Browser and device information;
• App usage data;
• Information collected through cookies, pixel tags and other technologies;
• Demographic information and other information provided by you that does not reveal your specific identity; and
• Information that has been deidentified or aggregated in a manner such that it no longer reveals your specific identity.

If we are required to treat Other Information as Personal Information under applicable law, then we will collect, use and disclose it for the purposes for which we collect, use and disclose Personal Information as detailed in this Privacy Statement. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards, conversation pages, blogs, profile pages, or other similar services, it may be publicly posted and otherwise publicly available for use.

How We Collect Personal & Other Information

We and our service providers may collect Personal Information online in a variety of ways in connection with providing our products and services. Examples include:

• Through our websites, including any chat function (“Websites”);
• Through the software applications made available by us for use on or through computers and mobile devices (“Apps”);
• Through social media properties (“Social Media”);
• Through email messages (“Emails”);
• Through extranet sites made available to our customers and third parties (“Extranet Sites”);
• Through products and services we provide to our customers; and
• Through our registration process for newsletters, seminars, webinars, certifications, events, contests, sweepstakes, or promotions.

We also may collect Personal Information offline in a variety of ways in connection with our products and services. Examples include:

• When you participate in a contractual arrangement for our products and services;
• When you provide information in conjunction with our products and services;
• When you provide information over the phone;
• When you provide information through paper-based forms, applications, and other documents;
• When you interact with us at a trade show, in connection with a sales call, or in other similar situations;
• When you participate in a contest, sweepstakes, or promotion;
• When you provide information in connection with a rebate; or
• When you interact with us at a Company event, seminar, training, or clinic.

We also may collect Personal Information from other sources. Examples include:

• Publicly available databases;
• Joint marketing partners and event sponsors, when they share the information with us;
• Entities to which we provide products and services, which may include your employer; and
• Referral sources.

We need to collect Personal Information in order to provide our products and services to you. If you do not provide the information requested, we may not be able to provide our products and services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with our products and services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement.

We and our service providers may collect Other Information in a variety of ways, including:

Through your browser or device:

Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, device type (e.g. desktop or mobile), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version, and the name and version of the software or platforms (such as an App) you are using.

Through your use of an App:

When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

Through your use of cookies:

Our Websites may now or in the future use "cookies" to help you personalize your online experience. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. This simplifies the process of recording your personal information, such as billing addresses and so on. When cookies are used and when you return to a Website, the information you previously provided can be retrieved, so you can easily use the Website features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Flash cookies will need to be controlled via an online platform provided by Adobe. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Websites.

Through use of web beacons:

Pages of our Websites, Apps, Emails, Social Media, and other similar communication methods may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company to transfer or collect information through a graphic image request. Web beacons can be used, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We may collect information through web beacons about your activities such as the address of the page you are visiting, the address of the referrer page you previously visited, the time you are viewing the page, your browsing environment, and your display settings.

We may use the information we collect through web beacons:

• To understand traffic patterns and the number of visitors to our network of Websites, our affiliates' websites, and other non-Company websites with whom we partner, our Apps, and our Social Media;
• To understand how you use and interact with our products and services;
• To improve our products and services;
• To optimize and personalize your browsing experience;
• To provide anonymous individual and/or aggregate auditing, research, modeling and reporting;
• To provide you relevant advertising and content;
• To measure the effectiveness of our advertising; and
• To determine which email messages sent by us, or our agent, were opened and to note whether a message was acted upon.

Turning off your cookies will prevent web beacons from tracking your specific activity. The web beacon may still record an anonymous visit from your IP address, but unique information will not be recorded.

Through use of third party analytics:

We may use third party analytics services, such as those of Google Analytics (including Google AdWords and Google Tag Manager), Facebook Pixel, and Pinterest Tag. These services help us analyze how our Website, Apps, Social Media, and other platforms are used, and information collected as part of these services is automatically sent to the service provider. To learn more about Google Analytics and an opt-out browser add-on, please click here: https://tools.google.com/dlpage/gaoptout/.

Do Not Track

Your web browser may have a “Do Not Track” feature that is intended to automatically inform websites you visit to not track your online activities. Our Websites do not process or respond to these “Do Not Track” signals from your browser.

IP Address

Your IP address is automatically assigned to your computer by your internet service provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses our Websites and Apps, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, improving our Websites and Apps, and administering the Websites and Apps. We may also derive your approximate location from your IP address.

How We Use Personal Information

We and our service providers use Personal Information for legitimate business purposes, including:

Providing products and services

• To contact individuals (including employees of corporate customers) in connection with providing our products and services;
• To respond to inquiries and fulfill requests from our customers and others, administer their file(s), and provide information on our products and services;
• To provide our products and services and to process a return; and
• To manage our relationships, including responding to a review.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

Providing you with our newsletter and/or other marketing materials, facilitating social sharing, and administering and conducting promotions, trainings, and other events

• To send you our newsletters, publications, legal updates, and mailings related to our seminars, events, or products and services that we think may be of interest to you;
• To fulfill your event registration requests and provide services, including the provision of seminars and other events;
• To send you information about our products and services and other news about our Company; and
• To administer your participation in a contest, sweepstake, rebate or other promotion or to send you prizes that you might have won.

We will engage in this activity with your consent or where we have a legitimate interest.

Providing the functionality of our Websites and other platforms and fulfilling your requests

• To provide our Websites' and Apps' functionality to you, such as arranging access to your registered account and providing you with related client service;
• To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise (e.g., when you send us questions, suggestions, compliments or complaints, or when you request other information about our products and services);
• To send administrative information to you, such as information regarding our products and services and changes to our terms, conditions and policies; and
• To make improvements to the Websites and Apps.

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

Accomplishing our business purposes

• For data analysis, for example, to improve our Websites, Apps, products, and services;
• For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements;
• For fraud and security monitoring purposes (for example, to detect and prevent cyberattacks or attempts to commit identity theft);
• To meet our legal and regulatory obligations;
• For enhancing, improving, or modifying our current products and services;
• For identifying usage trends to operate and expand our business activities (for example, understanding which parts of our products and services are of most interest to users); and
• For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

How We Disclose Personal Information

We disclose Personal Information:

To our affiliates for the purposes described in this Privacy Statement

• Subject to local requirements, this information may be used to provide products and services offered by our other legal entities and for all the purposes outlined in this Privacy Statement.
• The Company is the party responsible for the management of the jointly-used Personal Information.

To our third party service providers and trusted business partners to facilitate services they provide to us

• These can include providers of services such as website hosting, products and services-related consulting and monitoring, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, fulfill orders you have placed, or fulfill the purpose for which you have provided it (such as for contests or promotions) and other services.
• All such third parties are prohibited from using your personal information except to provide these services to the Company, and they are required to maintain the confidentiality of your information.

To public authorities in response to lawful requests by public authorities to comply with national security or law enforcement requirements.

We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

• To comply with applicable law and regulations, including laws outside your country of residence;
• To cooperate with public and government authorities, including authorities outside your country of residence;
• To cooperate with law enforcement;
• For other legal reasons, such as to enforce our terms and conditions and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
• In connection with a sale, merger or business transaction.

We do not sell, rent, or lease Personal Information to third parties.

How We Use Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.

How Long We Retain Personal Information

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide our products and services to you (for example, for as long as you have an account with us or keep using our products and services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions or communications for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

What Security Measures We Use

While no data security program can fully prevent the unauthorized access to, loss of, accidental destruction of, misuse of, or disclosure of Personal Information, we have implemented internal policies and technical measures to protect Personal Information from loss, accidental destruction, misuse or disclosure. Such internal policies and technical measures include:

• The use of pseudonymization and encryption of personal data where appropriate;
• Procedures and controls to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• Procedures and controls to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
• Procedures for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing;
• Procedures to ensure that data is not accessed, except by individuals in the proper performance of their duties;
• The use of contractual language requiring our service providers and other third parties to whom we disclose Personal Information to comply with applicable data privacy laws and to protect the confidentiality of the information; and
• Training all of our employees who handle Personal Information on how to properly handle and protect Personal Information.

Your Choices Regarding Marketing-Based Communications

If you supply us with your address (mailing or e-mail), you may receive periodic mailings from us or our affiliates with information on new products and services, upcoming events, and other industry-related news. We will comply with all legal requirements to obtain your consent for such mailings. If you do not wish to receive such mailings (whether by e-mail or paper mail), please let us know by e-mailing us at customerservice@yardandhome.com with the word "unsubscribe" in the subject line. Please provide us with your exact name, mailing address, and e-mail address.

If you supply us with your mobile telephone number and opt into our SMS program, you may receive text messages from us or our affiliates with information regarding new products and services or upcoming events. If you do not wish to receive such text messages, please let us know by sending us a text with the word "STOP" in the subject line.

With the data we have collected on your activities on our Websites, Apps, Social Media or through other interactions with us, we may, with your consent or pursuant to our legitimate business interests, provide advertising of our products and services personalized to your individual interests, and we may share such information with third party vendors in order to advertise our products and services to you. We may also work with online advertising vendors to provide you with ads of our products and services that you may find relevant. These ads may appear on our Websites, on the websites of third parties, our Apps, or our Social Media. In addition, these ads may be based upon information collected by us or third parties.

To opt out of personalized advertising, you may be able to adjust settings on your browser or on your mobile device. Please see the documentation associated with your browser and mobile device for more information. In addition, the Digital Advertising Alliance provides information on how to opt out of personalized advertising; for more information, please click here: http://optout.aboutads.info/?c=2&lang=EN.

Privacy Rights for California Residents and Users

Individual California Users may request information about our disclosures of certain categories of Personal Information to third parties (i.e., our affiliates) for such third parties' direct marketing purposes.

As noted above, we may disclose Personal Information to Company affiliates, which may use this information for all purposes outlined in this Privacy Statement. Because separate legal entities are considered “third parties” for purposes of California Civil Code Section 1798.83, and certain communications from our affiliates might be viewed as promoting their products and services, we are providing the following information for California residents who have provided us with their Personal Information during the creation of or during the course of an established business relationship that is primarily for personal, family, or household purposes (“Individual California Users”).

We will provide a list of the categories of Personal Information disclosed to third parties (i.e., our affiliates) for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section.

Individual California Users must submit their requests to us either by email at customerservice@yardandhome.com or write us at: 2880 East Beltline Lane. NE, Grand Rapids, MI 49525, Attn: Yard & Home Privacy.

[CCPA Requirements Effective January 1, 2020]

If you are a California resident, you have the following additional rights under the California Consumer Privacy Act (CCPA) regarding your Personal Information we hold:

• You have the right to obtain confirmation of whether, and where, we are processing your Personal Information, information about the categories of Personal Information we are processing, and a copy of the Personal Information we hold about you.
• Right to receive our products and services on equal terms regardless of whether or not you exercise your rights under the CCPA.
• You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.
• While we do not sell your Personal Information to third parties, you have the right to direct us not to sell your Personal information by clicking this DO NOT SELL MY PERSONAL INFORMATION LINK or by calling us at this toll-free hotline: 1-844-927-3466.

Privacy Rights for Nevada Residents and Users (effective October 1, 2019)

If you are a Nevada resident, you have the following additional privacy rights regarding your Personal Information we hold:

• While we do not sell your Personal Information to third parties, you have the right to direct us not to sell your Personal information by emailing your verified request to: customerservice@yardandhome.com.

Privacy Rights for Residents of the European Economic Area and Switzerland

If you are resident in the European Economic Area or Switzerland, under European or Swiss law you have the following additional rights in respect of your Personal Information that we hold:

• Right of access: You have the right to obtain confirmation of whether, and where, we are processing your Personal Information; information about the categories of Personal Information we are processing; the purposes for which we process your Personal Information; information as to how we determine applicable retention periods; information about the categories of recipients with whom we may share your Personal Information; and a copy of the Personal Information we hold about you.
• Right of portability: You have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use or to request the transfer of your personal data to another person.
• Right to rectification: You have the right to obtain rectification of any inaccurate or incomplete Personal Information we hold about you without undue delay.
• Right to erasure: You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.
• Right to restriction: You have the right, in some circumstances, to require us to limit the purposes for which we process your Personal Information if the continued processing of the Personal Information in this way is not justified, such as where the accuracy of the Personal Information is contested by you.
• Right to object: You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
• If you are resident in France, you also have the right to set guidelines for the retention and communication of your Personal Information after your death.

If you wish to exercise one of these rights, please contact us at customerservice@yardandhome.com.

EU residents also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. Swiss residents have the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner at: https://www.edoeb.admin.ch/?lang=en.

Residents in other jurisdictions may also have similar rights to the above. Please contact us at customerservice@yardandhome.com if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.

Children's Privacy Statement

Our products and services are not intended for those under the age of 18, and we will not knowingly collect Personal Information from such individuals under the age of 18.

Privacy Rights for Applicants and Employees

We have privacy polices specific to employment matters, including applicants. Please contact us at customerservice@yardandhome.com if you are an applicant or employee and would like more information about our privacy policies for employment matters.

Cross-Border Transfers

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using our Website, Apps, Social Media, products and services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information. We comply with all data privacy laws whenever Personal Information is transferred across borders.

For Personal Information transferred from the EEA and Switzerland, we make sure that the data is transferred either: (1) to countries that are recognized by the European Commission and Switzerland as providing an adequate level of data protection according to EEA or Swiss standards or (2) pursuant to legally compliant methods, such as standard contractual clauses adopted by the European Commission or contracts approved by the Swiss Commissioner, to protect your Personal Information.

For Personal Information transferred from other countries with data protection and privacy laws, we make sure that the information is transferred pursuant to that country's legal requirements.

Third Party Services

This Privacy Statement does not address, and we are not responsible for, the privacy, information or other practices of any third parties.

This includes any third party operating any website or service to which our Websites, Apps, or Social Media link. The inclusion of a link on our Websites, Apps, or Social Media does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media.

Changes to this Privacy Statement

We will occasionally update this Privacy Statement to reflect current Company policies. If this Privacy Statement is revised, the revised Privacy Statement will be posted here with the date of the most recent version posted above. Continued use of our Websites, Apps, or Social Media after any such revision or update constitutes your acceptance of the Privacy Statement as so revised or modified. We encourage you to periodically review this Privacy Statement to be informed of how the Company is protecting your information. Finally, the terms of this Privacy Statement are subject to all applicable laws, rules, and regulations.

Not a Contract

This Privacy Statement is not a contract but is intended to comply with applicable data privacy laws.

Contact Information

We welcome your comments regarding this Privacy Statement. If you believe that we have not adhered to this Privacy Statement or if you have any other questions, please feel free to contact us:

Yard & Home, LLC
customerservice@yardandhome.com
1-844-927-3466

Copyright © 2019 Yard & Home, LLC All Rights Reserved.

Website Terms and Conditions

Last Updated: November 10, 2017

Welcome to www.yardandhome.com (the "Website"), owned and operated by Yard & Home, LLC (the "Company," "us", "we", or "our").

By accessing or using this Website, you are agreeing to these Terms and Conditions, our Privacy Policy, and Terms of Sale (collectively, the "Terms") as in effect at the time of your use. We may update the Terms at any time, and if you keep using our Website after the Terms are updated, that will indicate your acceptance of the updated Terms. You should check back here from time to time to review the Terms currently in effect. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.

1. Your Use of the Website. You may not use, store, download, upload, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the information, software, text, images, audio clips, videos, or other content of any type (collectively, the "Website Content") or the User Content (as defined below), in whole or in part, outside of the specific usage rights granted to you by us as described in these Terms and any applicable license that you may have entered into with us. You agree to use the Website and the services only for their intended lawful purpose and in accordance with applicable laws and regulations, including all applicable copyright, trademark, and other intellectual property laws and any laws regarding the export of data or software.

   You may display, copy, download, print, and use the Website Content contained on the Website for your own personal, non-commercial or educational use provided that you do not modify or delete any copyright, trademark, or other proprietary notice or disclaimers. Any Website Content that you display, copy, download, print, or use is owned by the Company and is provided to you by us under a license (and not by a transfer of title) that is non-exclusive, non-transferable, and revocable. The Website Content shall be used for informational, non-commercial or educational purposes only and shall not be for public display (either commercially or non-commercially) unless a separate license for use of the Website Content is entered into as between you and the Company.

   You may not use the Website: (a) in any manner that interferes with the Company's normal operations or with the use and enjoyment of another user: (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (b) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the content standards set out in these Terms; (c) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (d) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (e) to engage in any other conduct that may harm the Company or users of the Website or expose them to liability.

   You shall not decompile, reverse engineer, copy, modify, reuse, or republish any software, object code, or source code contained on the Website.  You shall not use any device or other means to harvest any information about users of the Website.
   
   

2. Accounts. Accounts on the Website may be made available to those over the age of 18 or the age of majority in the potential user's location, whichever is later, or legal entities (each, a "Member") who truthfully and accurately provide all required information (including a legitimate e-mail address) and obtain a unique username, password, and/or other registration information (collectively, the "Account Information"). You agree and represent that all Account Information provided by you is accurate and up-to-date. If any of your Account Information changes, you must update it. Certain programs or services or certain interactive features of the Website may require you to create an account before you are able to access them. Upon creation of an account of the Website or providing any personal information through the Website, you agree that the information can be used by us in accordance with our Privacy Policy.


3. Reliance on Information Posted. We have made a conscientious effort to display and describe our products and services on the Website accurately so that you may obtain an understanding of their design and use and of the services offered. However, we are constantly improving the available information, products, and services, and, consequently, the information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. All information, including pricing and availability, may be changed or updated without notice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
   
   
4. Posting Content. Should the Website or any feature of it allow posting of content by users, you shall be responsible for all content that you post on or transmit through the Website (the "User Content"). You may not post or transmit any of the following: (a) copyrighted material and trademarks that are used without the express, written consent of the owner of such copyrighted material and/or trademark; (b) advertisements, promotions, solicitations, or offers to sell any goods or services for any commercial purpose unless you have our express, written consent; (c) material that, in the sole discretion of the Company, is pornographic, sexually explicit, or obscene; (d) content that, in the sole discretion of the Company, exploits children and/or minors; (e) content that discloses or contains any personally identifiable information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information; (f) content that, in the sole discretion of the Company, was posted for malicious, vindictive, or disruptive purposes, including libel, slander, defamation, or harassment; (g) content that, in the sole discretion of the Company, may be deemed offensive to users of the Website, including, but not necessarily limited to, blatant expressions of bigotry, prejudice, racism, hatred, or profanity; (h) content that, in the sole discretion of the Company, promotes hate or may incite or threaten violence toward groups based on religion, race, ethnicity, gender, age, disability, or sexual orientation; (i) content that, in the sole discretion of the Company, is false, inaccurate, misleading, or for fraudulent purposes; (j) content that, in the sole discretion of the Company, promotes or provides instructional information about illegal or illicit activities; (k) content that transmits or contains viruses, corrupted files, malware, spyware, or similar malicious content; or (l) content that, in the sole discretion of the Company, violates any applicable laws or regulations. By registering as a Member of the Website or using the Website, you consent to having your User Content co-mingled with advertisements and other User Content that may appear on the Website.

   Based on the very nature of User Content, we do not necessarily endorse, support, sanction, encourage, verify, or agree with the User Content posted on the Website. Any information or materials placed on the Website are the views and responsibilities of the Member or user who posts the statements and do not necessarily represent the views of the Company. You agree that we are not responsible for, and shall have no liability to you with respect to, any information or materials or User Content posted by others, including defamatory, offensive, deceptive or illicit material, even material that violates these Terms.
   
   

5. Examination of Website; Removal of Content on Website. The Company has the exclusive right to control accessibility, hours of use, features on the Website, Website Content, User Content, and any other information found on the Website. We may examine User Content on the Website from time to time, and we maintain the absolute right (though not the obligation) in our sole discretion to remove any User Content that does not meet the standards in these Terms or that is otherwise objectionable or inaccurate in our sole and absolute discretion. We also reserve the right to immediately terminate your access to the Website without notice or opportunity to cure if you fail to abide by these Terms.
   
   
6. Intellectual Property Rights. You agree that the Company (or its licensor) owns any and all worldwide, registered or unregistered, intellectual property rights and interests that may reside in the Website and/or Website Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly permitted in these Terms, you agree that you have no right to use any of the Website Content, including, without limitation, any trademarks, service marks, or logos displayed on the Website, without the prior express written permission of the Company. Other product names or business names that are published on the Website may be the property of their respective owners.
   
   
7. Grant of License by You to the Company. We will not have intellectual property rights in User Content that is posted on the Website and will have no responsibility or obligation to protect or enforce any intellectual property rights that may exist in the User Content. By posting or transmitting User Content on or through the Website, you are granting to the Company a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, download, upload, distribute, reproduce, rearrange, edit, modify, or aggregate your User Content with the Website Content generated by the Company or with other User Content, create derivative works of and publicly perform that User Content for any purpose on and through each of the services provided by the Website or on other sites owned by the Company or its affiliates or partners. We will have the right, but not the obligation, to use your name, city, and state in connection with any use of your User Content.  This license shall apply to the distribution and the storage of your User Content in any form, medium, or technology now known or later developed.
   
   
8. Access and Availability. This Website may be unavailable from time to time due to mechanical, telecommunication, software, hardware, third-party vendor, or other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
   
   
9. Disclaimer of Warranties. Unless otherwise expressly provided, all Services OR INFORMATION AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY SOFTWARE, WEBSITE CONTENT, and ANY OTHER INFORMATION PROVIDED ON THE WEBSITE, shall be provided on an "as is" and "with all faults" basis, and THE COMPANY specifically disclaims any guarantee, warranty, or representation, expressed or implied, regarding the condition, accuracy, COMPLETENESS, RELIABILITY, ADEQUACY, FUNCTIONALITY, or SUITABILITY of the services OR INFORMATION. Your reliance on the Services OR INFORMATION to incur an obligation or to make a decision, among other things, shall be at your own risk.

   WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.

   ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, and consequently, some of the above exclusions may not apply to you. Without limiting the foregoing, the Company neither warrants nor represents that your use of any Website Content or User Content will not infringe the rights of any third parties, nor that the Website Content or User Content will be accurate, complete, up-to-date, or available for your use when desired. Additionally, with reference to any discussions, postings, news, and the like that may be on the Website, we assume no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law contained in any such locations on the Website.  We assume no responsibility or liability for any charges incurred by a user of the Website from its internet service provider or from any mobile device provider.
   
   

10. Limitation of Liability. YOUR USE OF THE WEBSITE, INFORMATION PROVIDED ON THE WEBSITE, OR ANY SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES ARISING FROM THE USE OF ANY HARDWARE OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR THE LOSS OR CORRUPTION OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, POWER SURGES, MALICIOUS INTENT OR INTRUSION BY A THIRD PARTY, VIRUSES, OR ACTIONS OF ANY USER. EACH USER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE WEBSITE FOR ITS PURPOSES, AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH SELECTION. IN NO EVENT SHALL THE COMPANY (OR its officers, directors, employees, representatives, agents, licensors, suppliers, and affiliates) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA), EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, WEBSITE CONTENT, AND USER CONTENT AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of certain damages, and consequently, some of the above exclusions may not apply to you but shall be enforced to the fullest extent permitted under law.
    
    
11. Indemnification. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, representatives, agents, licensors, suppliers, and affiliates from and against all losses, expenses, liabilities, damages and costs, including reasonable attorneys' fees and court costs resulting from: (a) any violation of these Terms, (b) any activity related to your account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Website using your account or computer), and/or (c) any User Content you submit or transmit through the Website in violation of these Terms. You also agree to take sole responsibility for any royalties, fees, or other monies owed to any person by reason of any User Content you post or transmit through the Website.
    
    
12. Links. We may provide hyperlinks on this Website which link to other websites. If you use these links to these websites, you will leave this Website, and you do so at your own risk. We make no warranty or representation regarding any linked websites or the information appearing on such linked websites. The links do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in the linked websites. We prohibit caching, unauthorized hypertext links to this Website, or the "framing", "in-line linking", "deep linking", or "mirroring" of any Website Content available on this Website. As such, we reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Website Content available on any other website linked to this Website. You should be aware that linked websites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the Terms of this Website.  We are not responsible for such policies and expressly disclaim any and all liability related to such policies.

    This Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Website; (b) send e-mails or other communications with certain content, or links to certain content, on this Website; and (c) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.
    
    

13. Digital Millennium Copyright Act. The Company intends to comply with the requirements of the Digital Millennium Copyright Act (the "DMCA"). If you own a copyright or are the agent of a copyright owner, and you believe that any User Content infringes your copyrights, you may submit written notification to customerservice@yardandhome.com, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted works or a representative listing if multiple works are allegedly infringing on a single online site; (c) identification of the material which is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit us to contact you, such as a telephone number, mailing address, or e-mail address; (e) a statement of your good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the written notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    If you are a user whose User Content has been disabled or removed from the Website, and you believe that your User Content is not infringing or if you have been authorized by the owner of the copyright, its agent, or the law to post or transmit the content as User Content, you may send a counter-notice to customerservice@yardandhome.com, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) your physical or electronic signature; (b) identification of your User Content which has been removed or to which your access has been denied and the location at which the User Content appeared before it was removed or disabled; (c) a statement of your good faith belief that the User Content was removed or disabled as a result of mistake or misidentification of the User Content; (d) your name, mailing address, telephone number, and e-mail address; and (e) a statement that you will submit to the jurisdiction of the federal courts in the Western District of Michigan and will accept service of process from the person who provided notification to the Company of the allegedly infringing material. 

    If the designated contact person at the Company receives a counter-notice, it may send the counter-notice to the complaining party and inform the complaining party that the User Content will be restored or access to the User Content enabled within ten (10) business days.  The Company shall have the sole discretion to replace the User Content or enable access to the User Content at any time after ten (10) business days from the time it provides such notice to the complaining party, unless the copyright owner files an action seeking a court order against the user who supplied the User Content.
    
    

14. Information and Press Releases. This Website contains information and press releases concerning the Company. While this information was believed to be accurate to the best of our knowledge when put on this Website, we expressly disclaim any duty or obligation to update such information or keep such information current.
    
    
15. Law and Jurisdiction. These Terms and your use of the Website are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Kent County, Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and the Website or in which these Terms and/or the Website are a material fact, and you consent to personal jurisdiction of such courts.
    
    
16. Geographic Restrictions. The Company is based in the United States of America. We provide this Website for use only by persons located in the United States of America. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States of America. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.
    
    
17. Modification; Termination. By providing Website Content, we do not promise that the Website Content will remain available to you. By using this Website, you agree to accept and abide by these Terms. If you do not agree to accept and abide by these Terms, do not use the Website. We may revise or modify these Terms from time to time and post such revisions or modifications on this page. If these Terms are revised, the revised Terms will be posted here with the date of the most recent version posted above. Continued use of the Website after any such revision or modification constitutes your acceptance of the Terms as so revised or modified, and the revised or modified terms will completely replace any prior version of this agreement or other legal agreement regarding the same subject matter between you and us.

    We may end this agreement with you at any time if you violate the terms of the agreement, if we are required to do so by law, or if we determine, in our sole discretion, that it is no longer commercially viable to continue offering you access to the Website. We will have the right to assign or transfer any rights or licenses granted by these Terms.  Upon termination of this agreement, Sections 5-7, 9-11, 13, 15, 17, 18 and 20 of this agreement shall survive, as well as any other provision necessary to preserve the intent of the parties' agreement or for a reasonable interpretation of these Terms.
    
    

18. Violations of Terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms. Any cause of action you may have with regard to the use of this Website against us must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of these Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall be separately enforced.
    
    
19. Security. Users are prohibited from violating or attempting to violate the security of the Website, including, but not limited to: (a) gaining unauthorized access to any portion, feature, or services offered by or through the Website, or any related systems, servers, or networks connected to the Website by hacking, password "mining", or any other unauthorized means; (b) scanning or testing the vulnerability of the Website or a system, server, or network connected to the Website; (c) breaching the security or authentication measures on the Website or any network connected to the Website; (d) performing reverse look-ups or tracing any information, personal or otherwise, of any other user or the Company; (e) taking any action that unreasonably or disproportionately burdens the Website's infrastructure, related systems, servers, or networks; or (f) using any device, software, or other method to interfere or attempt to interfere with the normal performance, transactions conducted, or with any other person's use of the Website.  We will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators.
    
    
20. Governing Agreement. These Terms shall govern your legal relationship with us. However, if additional terms and conditions are at any time provided with respect to a particular service or feature of the Website, those terms and conditions will control with respect to the particular service or feature to which they relate if there is a conflict between the service- or feature-specific terms and these Terms.

21. Contact Information.

    We welcome your questions or comments regarding these Terms. If you have any questions, please feel free to contact us:

    Yard & Home, LLC

    customerservice@yardandhome.com

    (844) YARDHOME or (844) 927-3466
    
    

22. Online Purchases. All purchases through our Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our Terms of Sale, which are incorporated into these Website Terms and Conditions.

Copyright © 2014 Yard & Home, LLC. All Rights Reserved.

DISCLOSURES PURSUANT TO THE CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010

Yard & Home, LLC makes the following disclosures pursuant to the California Transparency in Supply Chains Act of 2010:

• Accountability. Yard & Home complies with all applicable local, state, federal, and international laws, including those laws with respect to labor practices, human rights, slavery, and human trafficking and requires all of its employees and independent contractors to also comply with such laws. Yard & Home also requires all of its employees to adhere to Yard & Home's Code of Business Conduct and Ethics. If Yard & Home becomes aware that an employee or independent contractor does not adhere to applicable laws or the Code of Business Conduct and Ethics, such noncompliance will be addressed, and an investigation may be commenced depending on the circumstances. If allegations or concerns are substantiated, the employee or independent contractor will be disciplined, which may include a corrective action plan, termination, and/or delivering evidence to appropriate governmental authorities for prosecution.
• Training. Yard & Home provides many internal and external training opportunities to its employees, including management, which opportunities may include supply chain transparency matters, including training on human trafficking and slavery issues and mitigation of risks within supply chains with respect to critical issues like human trafficking and slavery.
• Verification. Yard & Home requires all of its suppliers to comply with all applicable local, state, federal, and international laws, including any laws regarding human trafficking and slavery. However, Yard & Home does not currently engage in formal verification of its supply chains to specifically evaluate or address risks of human trafficking and slavery, nor does it use a third party in connection with any such analysis.
• Audits. Yard & Home's audits of its suppliers may be announced or unannounced and typically occur at least one time per year. From time to time, Yard & Home may use a third-party auditor for its supply chain. Currently, Yard & Home's audits do not specifically address human trafficking and slavery but may include human resource matters. Some of Yard & Home's customers conduct their own audits of our vendors using third-party auditors, and the scope of such audits are in the discretion of Yard & Home's customers.
• Certifications. Yard & Home requires its suppliers to comply with all applicable local, state, federal and international law; however, it does not currently require its suppliers to certify that materials incorporated into their respective products comply with applicable laws regarding human trafficking and slavery of the countries in which they do business.