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Terms of Use

Effective Date: April 18, 2026  |  Last Updated: April 18, 2026

Table of Contents

  1. Acceptance of Terms
  2. Eligibility and Age Requirement
  3. Account Registration and Security
  4. Products, Descriptions, and Pricing
  5. Orders and Payment
  6. Sales Tax
  7. Shipping and Delivery
  8. Returns and Refunds
  9. Promotions, Coupons, and Discount Codes
  10. Product Safety, Hazardous Materials, and Regulatory Compliance
  11. Intellectual Property Rights
  12. User-Generated Content
  13. Digital Millennium Copyright Act (DMCA) Notice and Takedown
  14. Prohibited Uses
  15. Privacy and Data Security
  16. Notice to California Residents (CCPA/CPRA)
  17. Algorithmic Pricing Disclosure (New York)
  18. Electronic Communications and CAN-SPAM Compliance
  19. Disclaimer of Warranties
  20. Limitation of Liability
  21. Indemnification
  22. Dispute Resolution and Governing Law
  23. Class Action and Jury Trial Waiver
  24. Force Majeure
  25. Modification of Terms
  26. Termination and Suspension
  27. Third-Party Links and Services
  28. Severability
  29. Waiver
  30. Assignment
  31. Entire Agreement
  32. Accessibility
  33. Contact Information

1. Acceptance of Terms

Welcome to backyardsupplies.com (the "Site"), owned and operated by Backyard Supplies Inc. ("Backyard Supplies," "we," "us," or "our"), a company organized under the laws of the State of New York, with its principal place of business at 456 East Jericho Turnpike, Huntington Station, New York 11746.

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Backyard Supplies governing your access to and use of the Site, including any content, functionality, products, and services offered on or through the Site.

By accessing, browsing, or using this Site in any manner, including but not limited to placing an order, creating an account, submitting a review, or simply browsing, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of this Site and refrain from placing any orders.

Your use of this Site following the posting of any changes to these Terms constitutes your acceptance of such changes. We recommend that you review these Terms periodically for updates.

These Terms are entered into in electronic form and shall have the same force and effect as a contract executed in writing. You waive any applicable rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction requiring an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

2. Eligibility and Age Requirement

You must be at least eighteen (18) years of age to use this Site, create an account, or place an order. By using the Site, you represent and warrant that:

  1. You are at least 18 years old and have the legal capacity to enter into a binding contract under applicable law;
  2. You are not barred from using the Site under any applicable law;
  3. All registration information you submit is truthful, accurate, current, and complete;
  4. You will maintain the accuracy and completeness of such information;
  5. Your use of the Site does not violate any applicable law or regulation.

The age requirement is imposed because (i) our products include items such as pool chemicals and other materials that may be classified as hazardous and require mature handling, (ii) you must have legal capacity to enter into a binding contract for the purchase of goods, and (iii) certain products we sell (such as hot tubs, pools, and outdoor cooking equipment) present safety considerations best assessed by adults.

If we learn or have reason to believe that a User does not meet the eligibility requirements stated above, we reserve the right to suspend or terminate that User's account and refuse any and all current or future use of the Site.

3. Account Registration and Security

3.1 Account Creation

You may be required to create an account to access certain features of the Site, including but not limited to placing orders, tracking shipments, managing returns, and accessing order history. When creating an account, you agree to:

  1. Provide accurate, current, and complete information during the registration process;
  2. Maintain and promptly update your account information to keep it accurate, current, and complete;
  3. Maintain the security and confidentiality of your account credentials, including your password;
  4. Accept all responsibility for all activity that occurs under your account;
  5. Notify us immediately at sa***@**************es.com or 855-310-YARD if you become aware of any unauthorized use of your account or any other breach of security.

3.2 Account Security

You are solely responsible for safeguarding your password and for all activities conducted through your account. You must not share your account credentials with any other person. Backyard Supplies will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Accuracy

You may not create an account using false, misleading, or fraudulent information. You may not create an account on behalf of another person without their express authorization. Backyard Supplies reserves the right to suspend or terminate any account that we reasonably believe contains inaccurate, fraudulent, or misleading information.

4. Products, Descriptions, and Pricing

4.1 Product Descriptions and Images

We strive to provide accurate descriptions, images, and specifications for all products listed on the Site. However, we do not warrant that product descriptions, images, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free.

Product images are for illustrative purposes only and may not exactly reflect the actual product. Colors, textures, dimensions, and other physical attributes of products may vary from their appearance on screen due to monitor settings, photographic lighting, or manufacturing variations. Where products are described as being a specific color or size, every effort is made to provide accurate information, but slight variations should be expected.

4.2 Pricing

All prices on the Site are quoted in United States Dollars (USD). Prices are subject to change without prior notice. While we make every effort to ensure the accuracy of pricing displayed on the Site, errors may occur.

In the event of a pricing error, we reserve the right to:

  1. Cancel any orders placed at the incorrect price;
  2. Contact you to inform you of the error and offer you the opportunity to purchase the product at the correct price;
  3. Refuse to fulfill any order based on an obviously incorrect price, even after you have received an order confirmation.

A price listed on the Site does not constitute a binding offer by Backyard Supplies until we have accepted your order in accordance with Section 5 of these Terms.

4.3 Product Availability

All products are subject to availability. We reserve the right to limit the quantity of any product available for purchase. We reserve the right to discontinue any product at any time without notice. If a product you have ordered is unavailable, we will notify you and offer alternatives or a full refund.

4.4 Right to Refuse or Cancel Orders

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

  1. Product or pricing errors on the Site;
  2. Inaccurate or incomplete order information;
  3. Problems identified by our fraud detection and prevention systems;
  4. Orders that appear to be placed by dealers, resellers, or distributors;
  5. Orders that exceed reasonable household quantities;
  6. Suspected fraudulent or unauthorized transactions;
  7. Regulatory restrictions on the sale or shipment of certain products.

If your order is canceled after payment has been processed, we will issue a full refund to your original payment method.

5. Orders and Payment

5.1 Order Process

Placing an order on the Site constitutes an offer by you to purchase the selected products. All orders are subject to acceptance by Backyard Supplies. We may, in our sole discretion, accept or decline your order for any reason.

An order confirmation email does not constitute acceptance of your order. Your order is accepted only when we ship the product(s) and send you a shipping confirmation email. Until that point, we may cancel or modify your order without liability.

5.2 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. We accept the following payment methods:

  • Visa
  • Mastercard
  • American Express (Amex)
  • PayPal
  • Amazon Pay
  • Apple Pay
  • Google Pay

By providing a payment method, you represent and warrant that you are authorized to use the payment method and that the payment information you provide is accurate and complete. You authorize Backyard Supplies and Stripe to charge the full order amount, including applicable taxes and shipping fees, to your selected payment method.

5.3 Payment Authorization

We may pre-authorize your payment method at the time you place your order to verify its validity and ensure sufficient funds are available. The pre-authorization is not a charge. The actual charge will be processed when your order ships or at the time of purchase, depending on the payment method used.

5.4 Payment Security

We do not store your credit card or payment information on our servers. All payment information is transmitted directly to and processed by Stripe in compliance with Payment Card Industry Data Security Standards (PCI DSS). For more information about how Stripe handles your payment data, please review Stripe's privacy policy at https://stripe.com/privacy.

5.5 Currency and Billing

All transactions are billed in United States Dollars (USD). If your payment method is denominated in a different currency, your bank or card issuer may apply a currency conversion fee in accordance with their own terms and policies. Backyard Supplies is not responsible for any additional fees charged by your financial institution.

6. Sales Tax

Applicable sales tax will be calculated and added to your order at checkout based on the shipping destination and in accordance with applicable federal, state, and local tax laws. Tax rates and the taxability of specific products may vary by jurisdiction. It is your responsibility to determine and comply with any additional tax obligations that may apply in your jurisdiction, including but not limited to use taxes on purchases where sales tax was not collected.

7. Shipping and Delivery

7.1 Shipping Territory

Backyard Supplies ships to all fifty (50) United States. We do not offer international shipping at this time. We do not ship to P.O. boxes for oversized or freight items.

7.2 Free Shipping

We offer free standard shipping on orders totaling $100 or more (before tax), subject to the following conditions:

  1. Free shipping applies to standard ground delivery only;
  2. Free shipping does not apply to oversized items that require freight/LTL (Less-Than-Truckload) delivery, including but not limited to hot tubs, spas, pool kits, above-ground pools, outdoor kitchen islands, and other large or heavy items. These items are subject to separate freight shipping charges, which will be calculated and displayed at checkout;
  3. Free shipping eligibility is calculated based on the subtotal after any discounts or promotional codes have been applied;
  4. Backyard Supplies reserves the right to modify or discontinue the free shipping threshold at any time without prior notice.

7.3 Delivery Timeframes

Estimated delivery times are provided as general guidelines and are not guaranteed. Typical delivery timeframes are as follows:

  • Local delivery (New York metropolitan area): Approximately 2 business days
  • Regional delivery (Northeast United States): Approximately 3-5 business days
  • Cross-country delivery (Western United States, Hawaii, Alaska): Up to 14 business days
  • Freight/LTL items (hot tubs, pool kits, kitchen islands, etc.): Delivery timeframes vary and will be communicated separately. Freight deliveries typically require scheduling an appointment and may require someone to be present to receive the delivery.

Delivery estimates begin from the date of shipment, not the date of order placement. Processing time (typically 1-3 business days) is in addition to the estimated delivery time.

7.4 Shipping Delays

Backyard Supplies is not responsible for delays caused by carriers, weather events, natural disasters, government actions, customs holds, incorrect or incomplete delivery addresses provided by the customer, or other circumstances beyond our control. In the event of a significant delay, we will make reasonable efforts to notify you and provide updated delivery information.

7.5 Risk of Loss and Title Transfer

Title to and risk of loss for all products purchased through the Site pass to you upon delivery of the product(s) to the carrier at our shipping facility, in accordance with Article 2 of the Uniform Commercial Code (UCC) as adopted by the State of New York. While we will assist you in filing claims with the shipping carrier for lost or damaged shipments, Backyard Supplies is not liable for loss or damage that occurs during transit once the product has been delivered to the carrier.

For freight/LTL deliveries, you must inspect the shipment upon delivery. If the packaging appears damaged, you should note the damage on the delivery receipt before signing. If you discover concealed damage after delivery, you must notify us within forty-eight (48) hours of receipt.

7.6 Delivery Confirmation

Delivery confirmation provided by the carrier (including GPS coordinates, photographs, or electronic signature) shall constitute proof of delivery. If you believe a package was lost or stolen after confirmed delivery, please contact us and we will work with you and the carrier to investigate.

8. Returns and Refunds

8.1 General Return Policy

Backyard Supplies offers a thirty (30) day return window from the date of delivery for most products. To be eligible for a return, the item must be:

  1. In new, unused, and unopened condition;
  2. In its original packaging with all tags, labels, accessories, and documentation included;
  3. Accompanied by proof of purchase (order confirmation email, packing slip, or order number).

To initiate a return, please contact us at sa***@**************es.com or 855-310-YARD to obtain a Return Merchandise Authorization (RMA) number. Returns sent without an RMA number may be refused.

In accordance with New York General Business Law Section 218-a, this return policy is posted conspicuously on our Site and is disclosed to you prior to the completion of any purchase.

8.2 Return Shipping

  1. If the return is due to our error (incorrect item shipped, defective product, damage caused by our packaging), Backyard Supplies will provide a prepaid return shipping label at no cost to you.
  2. If the return is for any other reason (change of mind, ordered wrong item, no longer needed), the customer is responsible for all return shipping costs. We recommend using a trackable shipping method with insurance, as we cannot guarantee receipt of returned items or be held responsible for items lost in return transit.
  3. For large or freight items (hot tubs, spas, pool kits, outdoor kitchen islands, and other items originally shipped via LTL freight), return shipping will be arranged by Backyard Supplies but charged to the customer unless the return is due to our error. Freight return shipping can be substantial due to the size and weight of these items, and estimated costs will be communicated to you before the return is processed.

8.3 Non-Returnable Items

The following items are not eligible for return:

  1. Pool chemicals, water treatment products, and other hazardous materials that have been opened, unsealed, or used, due to safety regulations and Department of Transportation (DOT) hazardous materials shipping restrictions;
  2. Custom or special-order items manufactured or configured to your specifications;
  3. Items that have been installed, assembled (unless defective), or modified from their original condition;
  4. Clearance or final-sale items expressly marked as non-returnable at the time of purchase;
  5. Gift cards and store credits;
  6. Any item that is returned damaged, incomplete, or not in its original packaging.

8.4 Refund Process

Once we receive and inspect your returned item, we will notify you of the approval or rejection of your refund. If approved:

  1. Your refund will be processed to the original payment method used for the purchase;
  2. Please allow approximately four (4) weeks from the date we receive the returned item for the refund to be processed and credited to your account. This timeframe includes the inspection period, processing time, and the time required by your financial institution to post the credit;
  3. Original shipping charges are non-refundable unless the return is due to our error;
  4. Refunds will be issued in the amount of the purchase price of the returned item(s), less any applicable restocking fees.

8.5 Restocking Fees

Backyard Supplies may impose a restocking fee of up to fifteen percent (15%) for large items returned for reasons other than our error, including but not limited to hot tubs, spas, above-ground pools, outdoor kitchen islands, grills, and other oversized products. The restocking fee, if applicable, will be communicated to you before the return is processed.

8.6 Damaged or Defective Products

If you receive a product that is damaged or defective, please contact us within forty-eight (48) hours of delivery at sa***@**************es.com or 855-310-YARD with:

  1. Your order number;
  2. A description of the damage or defect;
  3. Photographs clearly showing the damage or defect and the packaging.

We will work with you to arrange a replacement, repair, or full refund at our discretion, including coverage of any return shipping costs.

8.7 Exchanges

If you wish to exchange a product for a different item, size, or model, please initiate a return under Section 8.1 and place a new order for the desired item.

9. Promotions, Coupons, and Discount Codes

9.1 Promotional Offers

Backyard Supplies may, from time to time, offer promotional discounts, coupon codes, or other special offers. All promotions are subject to the specific terms and conditions stated at the time of the offer.

9.2 WELCOME10 First-Order Discount

Backyard Supplies offers a ten percent (10%) discount on a customer's first order using the promotional code WELCOME10, subject to the following conditions:

  1. Limited to one (1) use per customer, household, and email address;
  2. Cannot be combined or stacked with any other promotional code, coupon, or discount offer;
  3. May not be applied to previous purchases retroactively;
  4. May be subject to a minimum purchase amount;
  5. Backyard Supplies reserves the right to modify, suspend, or discontinue this promotion at any time without prior notice.

9.3 General Promotional Terms

Unless otherwise stated, all promotions:

  1. Cannot be combined with other offers, discounts, or promotional codes;
  2. Have no cash value and are not transferable;
  3. May be subject to product exclusions, minimum purchase requirements, or other restrictions;
  4. Are void where prohibited by law;
  5. May be modified, suspended, or discontinued by Backyard Supplies at any time in its sole discretion;
  6. Are subject to verification and may be revoked if we determine that the promotion was used in a manner inconsistent with its intended purpose, including but not limited to the use of multiple accounts, false information, or automated methods to take advantage of offers.

10. Product Safety, Hazardous Materials, and Regulatory Compliance

10.1 General Product Safety

Backyard Supplies sells products including but not limited to pools, spas, hot tubs, outdoor kitchens (grills, kitchen islands, pizza ovens), outdoor living products (fire pits, patio furniture, outdoor decor), pool chemicals, and pool equipment. Many of these products present inherent risks if not used, installed, maintained, or stored properly.

You are solely responsible for:

  1. Reading and following all manufacturer instructions, warnings, safety guidelines, and product labels before using any product purchased from Backyard Supplies;
  2. Ensuring that all products are used, installed, and maintained in accordance with applicable federal, state, and local laws, regulations, codes, and ordinances;
  3. Ensuring that products are used only for their intended purposes;
  4. Ensuring that products are used by or under the supervision of qualified adults;
  5. Complying with all applicable building codes, electrical codes, plumbing codes, and permit requirements for the installation and operation of pools, hot tubs, grills, gas appliances, and other products that may require professional installation.

10.2 Pool Chemicals and Hazardous Materials

Certain products sold on the Site, including but not limited to pool chemicals, water treatment chemicals, and cleaning agents, are classified as hazardous materials under the Department of Transportation (DOT) Hazardous Materials Regulations (49 CFR Parts 100-185) and/or the Consumer Product Safety Act.

By purchasing hazardous materials from Backyard Supplies, you acknowledge and agree that:

  1. You are at least 18 years of age;
  2. You will read and follow all Safety Data Sheets (SDS), product labels, and handling instructions;
  3. You will store, handle, and dispose of hazardous materials in accordance with all applicable federal, state, and local laws and regulations;
  4. You will not mix chemicals unless specifically directed to do so by the product manufacturer;
  5. You accept full responsibility for the safe handling, storage, use, and disposal of all hazardous materials purchased;
  6. Certain hazardous materials may be subject to shipping restrictions and may not be available for delivery to all locations;
  7. Opened, unsealed, or partially used pool chemicals and hazardous materials are non-returnable as stated in Section 8.3.

10.3 Consumer Product Safety

Backyard Supplies complies with the Consumer Product Safety Act (CPSA), the Consumer Product Safety Improvement Act (CPSIA), and applicable regulations of the U.S. Consumer Product Safety Commission (CPSC). If a product sold on the Site is subject to a recall, we will take appropriate steps in accordance with CPSC guidance, including notifying affected customers when feasible.

If you believe a product purchased from Backyard Supplies presents a safety concern, please contact us immediately at sa***@**************es.com or 855-310-YARD. You may also report product safety concerns directly to the CPSC at www.cpsc.gov or by calling 1-800-638-2772.

10.4 Pool and Spa Safety

Backyard Supplies encourages all customers who purchase pools, spas, or hot tubs to familiarize themselves with the Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act) and applicable CPSC safety guidelines, including but not limited to proper fencing, barriers, drain covers, and supervision requirements. Drowning prevention is a shared responsibility. Never leave children unattended in or near water.

11. Intellectual Property Rights

11.1 Ownership

All content on this Site, including but not limited to text, graphics, logos, images, photographs, video, audio, icons, software, code, page layout, design, data compilations, and the selection and arrangement thereof (collectively, "Site Content"), is the property of Backyard Supplies or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

11.2 Trademarks

"Backyard Supplies," the Backyard Supplies logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Backyard Supplies Inc. or its affiliates. You may not use such marks without the prior written permission of Backyard Supplies. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

11.3 Limited License

Subject to these Terms, Backyard Supplies grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. This license does not include the right to:

  1. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Site Content;
  2. Use any data mining, robots, screen scraping, or similar data-gathering or extraction tools on the Site;
  3. Use the Site or its content for any commercial purpose without our express prior written consent;
  4. Download, copy, or store any Site Content other than for your personal, non-commercial use;
  5. Remove, alter, or obscure any copyright, trademark, or other proprietary notices on any Site Content.

Any unauthorized use of the Site or Site Content terminates the license granted herein automatically and without notice.

12. User-Generated Content

12.1 User Content

The Site may allow you to submit, post, or otherwise make available content, including but not limited to product reviews, ratings, comments, questions, photographs, and other materials ("User Content"). By submitting User Content to the Site, you:

  1. Represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to submit such User Content and to grant the rights described herein;
  2. Represent and warrant that your User Content does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights;
  3. Represent and warrant that your User Content is truthful, accurate, and based on your genuine experience with the product or service.

12.2 License Grant

By submitting User Content, you hereby grant Backyard Supplies a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such User Content in any media format and through any media channel, including for marketing and promotional purposes, without compensation to you.

12.3 Content Standards

User Content must comply with all applicable laws and must not:

  1. Contain false, misleading, or deceptive statements;
  2. Infringe any third party's intellectual property, privacy, publicity, or other rights;
  3. Contain any material that is defamatory, obscene, harassing, threatening, abusive, or hateful;
  4. Contain spam, advertising, solicitations, or promotional content for other businesses;
  5. Contain viruses, malware, or other harmful code;
  6. Impersonate any person or entity;
  7. Violate the FTC's Consumer Review Fairness Act or any guidelines regarding endorsements and testimonials.

12.4 Monitoring and Removal

Backyard Supplies reserves the right, but has no obligation, to monitor, edit, or remove any User Content at our sole discretion and for any reason, including but not limited to content that we determine violates these Terms, is objectionable, or could expose Backyard Supplies to liability. We are not responsible for any User Content posted by you or any third party.

12.5 No Compensation

You acknowledge that you will not receive any compensation, credit, or consideration from Backyard Supplies for any User Content you submit, regardless of whether Backyard Supplies uses such content.

13. Digital Millennium Copyright Act (DMCA) Notice and Takedown

13.1 Reporting Copyright Infringement

If you believe that any content on the Site infringes upon your copyright, you may submit a notification to our designated DMCA agent in accordance with the Digital Millennium Copyright Act (17 U.S.C. Section 512(c)(3)). Your notification must include:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site;
  4. Your contact information, including name, address, telephone number, and email address;
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

13.2 DMCA Agent

DMCA notices should be sent to:

Backyard Supplies Inc.
Attn: DMCA Agent
456 East Jericho Turnpike, Huntington Station, New York 11746
Email: sa***@**************es.com

13.3 Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notification in accordance with 17 U.S.C. Section 512(g). Please contact our DMCA Agent for the counter-notification process.

13.4 Repeat Infringer Policy

In accordance with the DMCA, Backyard Supplies will terminate the accounts of users who are determined to be repeat infringers of copyrighted material, in appropriate circumstances and at our sole discretion.

14. Prohibited Uses

You agree not to use the Site in any way that:

  1. Violates any applicable federal, state, local, or international law or regulation;
  2. Involves the purchase of products for the purpose of resale, unless you have obtained prior written authorization from Backyard Supplies;
  3. Involves the use of any robot, spider, scraper, data mining tool, or other automated device, process, or means to access the Site for any purpose, including monitoring or copying any content;
  4. Introduces viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
  5. Attempts to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  6. Attacks the Site via a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack;
  7. Interferes with another user's use and enjoyment of the Site;
  8. Uses the Site to send unsolicited communications, advertising, or spam;
  9. Uses the Site to collect or harvest personal information about other users;
  10. Uses the Site in a manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
  11. Uses any manual process to monitor or copy any content on the Site or for any unauthorized purpose;
  12. Otherwise attempts to interfere with the proper working of the Site;
  13. Provides false, inaccurate, or misleading information in connection with your use of the Site or any order placed through the Site;
  14. Engages in any form of fraudulent activity, including but not limited to using stolen credit card information, submitting chargebacks or payment disputes without valid cause, or creating multiple accounts to circumvent promotional restrictions.

15. Privacy and Data Security

15.1 Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

15.2 NY SHIELD Act Compliance

Backyard Supplies maintains reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the private information of New York residents, in compliance with the New York Stop Hacks and Improve Electronic Data Security Act (NY SHIELD Act, N.Y. Gen. Bus. Law Section 899-bb). These safeguards are designed to:

  1. Identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of private information;
  2. Assess the sufficiency of safeguards in place to control those risks;
  3. Train and manage employees in security program practices and procedures;
  4. Select service providers that maintain appropriate safeguards consistent with these requirements.

In the event of a data breach involving private information of New York residents, Backyard Supplies will provide notification within thirty (30) days of discovery, as required by the SHIELD Act as amended.

15.3 Data We Collect

In connection with your use of the Site and any orders you place, we may collect information including but not limited to your name, email address, mailing address, shipping address, billing address, telephone number, payment information (processed securely through Stripe), IP address, browser type, device information, and browsing behavior on the Site. For full details, please refer to our Privacy Policy.

16. Notice to California Residents (CCPA/CPRA)

16.1 Your California Privacy Rights

If you are a resident of California, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, "CCPA"), provides you with specific rights regarding your personal information. This section supplements our Privacy Policy and applies solely to California residents.

16.2 Categories of Personal Information

In the preceding twelve (12) months, Backyard Supplies may have collected the following categories of personal information from consumers:

  1. Identifiers: Name, email address, mailing address, phone number, IP address, account name;
  2. Commercial Information: Products purchased, purchase history, order details;
  3. Financial Information: Payment card details (processed and stored by Stripe, not stored by Backyard Supplies);
  4. Internet or Network Activity: Browsing history on the Site, search history, interaction with the Site;
  5. Geolocation Data: Approximate location based on IP address;
  6. Inferences: Preferences and characteristics derived from the above categories.

16.3 Your Rights Under CCPA/CPRA

Subject to applicable exceptions and verification requirements, California residents have the right to:

  1. Right to Know and Access: Request that we disclose the categories and specific pieces of personal information we have collected, the categories of sources from which we collected your personal information, the business or commercial purpose for collecting your personal information, and the categories of third parties with whom we share your personal information;
  2. Right to Delete: Request that we delete the personal information we have collected from you, subject to certain exceptions permitted by law;
  3. Right to Correct: Request that we correct inaccurate personal information that we maintain about you;
  4. Right to Opt-Out of Sale/Sharing: Direct us not to sell or share your personal information with third parties. Backyard Supplies does not sell personal information as defined under the CCPA;
  5. Right to Limit Use of Sensitive Personal Information: Limit our use of your sensitive personal information to certain permitted purposes;
  6. Right to Non-Discrimination: Not be discriminated against for exercising your CCPA rights.

16.4 Exercising Your Rights

To exercise any of the rights described above, you may submit a verifiable consumer request by:

  • Emailing us at sa***@**************es.com
  • Calling us at 855-310-YARD

You may make a verifiable consumer request up to two (2) times within a twelve (12) month period. We will respond to verifiable requests within forty-five (45) days of receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and the extension period in writing.

16.5 Authorized Agents

You may designate an authorized agent to submit a request on your behalf. We may require that you verify your own identity and confirm that you authorized the agent to act on your behalf.

16.6 No Waiver of Rights

These Terms do not and are not intended to waive or limit any rights you may have under the CCPA/CPRA. Any provision of these Terms that conflicts with the CCPA/CPRA is superseded by the CCPA/CPRA to the extent of the conflict, and any attempt to contractually waive CCPA/CPRA rights is void and unenforceable.

17. Algorithmic Pricing Disclosure (New York)

In compliance with New York General Business Law Section 349-a (effective November 10, 2025), Backyard Supplies discloses the following:

As of the effective date of these Terms, Backyard Supplies does not use personalized algorithmic pricing -- that is, we do not use algorithms that set prices based on personal data specific to individual consumers. Our prices are set uniformly for all customers visiting the Site.

If Backyard Supplies adopts any personalized algorithmic pricing practices in the future, we will provide the disclosures required by N.Y. Gen. Bus. Law Section 349-a, including clear and conspicuous notice that a price has been set by an algorithm using the consumer's personal data.

18. Electronic Communications and CAN-SPAM Compliance

18.1 Consent to Electronic Communications

By creating an account, placing an order, or subscribing to our mailing list, you consent to receive electronic communications from Backyard Supplies, including but not limited to order confirmations, shipping notifications, account updates, promotional offers, newsletters, and marketing materials.

18.2 CAN-SPAM Compliance

All marketing and promotional emails sent by Backyard Supplies comply with the CAN-SPAM Act (15 U.S.C. Section 7701 et seq.) and applicable state laws. Our commercial emails will:

  1. Clearly identify the message as an advertisement or solicitation, where required;
  2. Include our valid physical postal address: 456 East Jericho Turnpike, Huntington Station, New York 11746;
  3. Include a clear and conspicuous opt-out mechanism;
  4. Use accurate "From," "To," "Reply-To," and routing information;
  5. Use subject lines that accurately reflect the content of the message.

18.3 Opt-Out Rights

You may opt out of receiving promotional emails from us at any time by:

  1. Clicking the "unsubscribe" link included in any promotional email;
  2. Contacting us at sa***@**************es.com with "Unsubscribe" in the subject line.

We will process your opt-out request within ten (10) business days in accordance with federal law. Please note that opting out of promotional emails does not affect transactional emails (such as order confirmations, shipping notifications, and account security alerts), which are necessary for the operation of your account and the fulfillment of your orders.

19. Disclaimer of Warranties

19.1 Site Provided "As Is"

THE SITE, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BACKYARD SUPPLIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  1. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  2. WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE;
  3. WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  4. WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE.

19.2 Product Warranties

BACKYARD SUPPLIES IS A RETAILER AND DOES NOT MANUFACTURE THE PRODUCTS SOLD ON THE SITE. Product warranties, if any, are provided by the original manufacturers. Backyard Supplies passes through all applicable manufacturer warranties to you in accordance with their terms and conditions. Backyard Supplies does not independently warrant any products beyond what is required by applicable law.

For warranty claims on products purchased from Backyard Supplies, you should contact the manufacturer directly using the warranty information provided with the product. Backyard Supplies will make reasonable efforts to assist you in locating warranty information.

19.3 Limitation on Disclaimer

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE WARRANTIES ARE LIMITED TO THE SHORTEST DURATION AND THE MINIMUM SCOPE PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTY RIGHTS THAT CANNOT BE WAIVED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AS ADOPTED BY THE STATE OF NEW YORK.

20. Limitation of Liability

20.1 Cap on Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKYARD SUPPLIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO BACKYARD SUPPLIES FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00).

20.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKYARD SUPPLIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  1. Loss of profits, revenue, data, goodwill, or business opportunity;
  2. Personal injury or property damage arising from your use or misuse of any product purchased from the Site;
  3. Costs of procurement of substitute goods or services;
  4. Any matter beyond our reasonable control;
  5. Damages arising from unauthorized access to or alteration of your transmissions or data;
  6. Damages arising from any interruption, suspension, or termination of the Site;

REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER BACKYARD SUPPLIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.3 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT BACKYARD SUPPLIES HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BACKYARD SUPPLIES, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BACKYARD SUPPLIES.

20.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, INCLUDING PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

21. Indemnification

You agree to indemnify, defend, and hold harmless Backyard Supplies Inc., its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  1. Your use or misuse of the Site;
  2. Your violation of these Terms;
  3. Your violation of any applicable law, regulation, or third-party right;
  4. Any User Content you submit, post, or transmit through the Site;
  5. Your use, misuse, improper installation, storage, or handling of any product purchased from the Site;
  6. Any dispute between you and a third party relating to the Site or any product purchased through the Site;
  7. Your negligent or willful misconduct.

Backyard Supplies reserves 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 with our defense of such claims. You agree not to settle any such matter without the prior written consent of Backyard Supplies.

22. Dispute Resolution and Governing Law

22.1 Governing Law

These Terms, and any disputes arising out of or relating to these Terms, the Site, or any products purchased through the Site, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

22.2 Informal Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact Backyard Supplies at sa***@**************es.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, either party may proceed with formal dispute resolution as described below.

22.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted by a single arbitrator and shall take place in Suffolk County, New York, unless you and Backyard Supplies agree to a different location or to conduct the arbitration by telephone, video conference, or based on written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Small Claims Court Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court in Suffolk County, New York (or the small claims court with jurisdiction over your residence), provided the claim falls within that court's jurisdictional limits.

22.4 Arbitration Fees and Costs

If you initiate arbitration, Backyard Supplies will pay your AAA filing fee if your claim is for less than $10,000. For claims of $10,000 or more, the filing fees will be allocated as provided by the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that applicable law entitles the prevailing party to recover fees and costs.

22.5 Exclusive Jurisdiction

For any disputes not subject to arbitration, or if the arbitration provision is found to be unenforceable, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Suffolk County, New York. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Class Action and Jury Trial Waiver

23.1 Class Action Waiver

YOU AND BACKYARD SUPPLIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MULTI-PLAINTIFF, OR REPRESENTATIVE PROCEEDING. Unless both you and Backyard Supplies agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding.

23.2 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BACKYARD SUPPLIES EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

23.3 Severability of Waiver

If the class action waiver in Section 23.1 is found to be unenforceable, then the entirety of the arbitration provision in Section 22.3 shall be null and void, and the dispute shall proceed in court subject to the jurisdiction and venue provisions of Section 22.5.

24. Force Majeure

Backyard Supplies shall not be liable for any failure or delay in performing any obligation under these Terms (including but not limited to order fulfillment, shipping, or delivery) where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

  1. Acts of God, natural disasters, earthquakes, floods, hurricanes, tornadoes, wildfires, or severe weather events;
  2. Epidemics, pandemics, or public health emergencies;
  3. War, terrorism, armed conflict, civil unrest, insurrection, riots, or government-imposed sanctions;
  4. Government actions, orders, restrictions, embargoes, tariffs, or trade restrictions;
  5. Supply chain disruptions, raw material shortages, or manufacturing delays;
  6. Carrier disruptions, transportation failures, port closures, or shipping delays;
  7. Labor disputes, strikes, lockouts, or work slowdowns;
  8. Power outages, telecommunications failures, internet outages, or cyberattacks;
  9. Changes in applicable law or regulation that affect our ability to perform.

In the event of a force majeure event, Backyard Supplies will make reasonable efforts to notify affected customers and to resume performance as soon as commercially practicable. If a force majeure event continues for more than ninety (90) days, either party may cancel the affected order(s), and Backyard Supplies will issue a full refund for any undelivered products.

25. Modification of Terms

25.1 Right to Modify

Backyard Supplies reserves the right to modify, amend, or update these Terms at any time and in our sole discretion. Modifications will be effective immediately upon posting the revised Terms on the Site, with an updated "Last Updated" date at the top of this document.

25.2 Notification of Changes

For material changes to these Terms, we will make reasonable efforts to provide notice, which may include:

  1. Posting a prominent notice on the Site;
  2. Sending an email to the address associated with your account;
  3. Displaying a banner or pop-up notification on the Site.

25.3 Continued Use Constitutes Acceptance

Your continued use of the Site after the posting of revised Terms constitutes your acceptance of such revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Site immediately. It is your responsibility to review these Terms periodically for changes.

25.4 Prior Orders

Changes to these Terms will not retroactively affect orders that were placed and accepted prior to the effective date of the changes, unless the changes are required by law.

26. Termination and Suspension

26.1 Termination by Backyard Supplies

Backyard Supplies reserves the right, in its sole discretion, to suspend or terminate your account and/or your access to the Site, in whole or in part, at any time and for any reason, including but not limited to:

  1. Violation of these Terms;
  2. Fraudulent, abusive, or illegal activity;
  3. Conduct harmful to other users, third parties, or the business interests of Backyard Supplies;
  4. Extended periods of account inactivity;
  5. At the request of law enforcement or a government agency.

26.2 Termination by You

You may terminate your account at any time by contacting us at sa***@**************es.com. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment for any outstanding orders.

26.3 Effect of Termination

Upon termination:

  1. Your right to access and use the Site will immediately cease;
  2. Any outstanding orders that have been accepted and shipped will be fulfilled in accordance with these Terms;
  3. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 11, 12.2, 19, 20, 21, 22, 23, 28, 29, 30, and 31.

26.4 No Liability for Termination

Backyard Supplies shall not be liable to you or any third party for any termination or suspension of your account or access to the Site.

27. Third-Party Links and Services

27.1 Third-Party Websites

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Backyard Supplies, including but not limited to payment processors (Stripe), social media platforms, manufacturer websites, and review platforms. These links are provided for your convenience only.

27.2 No Endorsement

The inclusion of any link to a third-party website or service does not imply endorsement, approval, or recommendation by Backyard Supplies. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

27.3 Your Responsibility

Your use of third-party websites and services is at your own risk and is subject to the terms and conditions and privacy policies of those third parties. We encourage you to review the terms and privacy policies of any third-party website you visit through links on the Site.

28. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent, or if such modification is not possible, shall be severed from these Terms.

29. Waiver

The failure of Backyard Supplies to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Backyard Supplies.

30. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Backyard Supplies. Backyard Supplies may assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

31. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices, policies, or agreements published by Backyard Supplies on the Site, constitute the entire agreement between you and Backyard Supplies with respect to your use of the Site and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

No course of dealing, trade usage, or course of performance shall be relevant to explain or supplement any term in these Terms. Any terms and conditions included in any purchase order, invoice, or other document issued by you that conflict with or add to these Terms are rejected by Backyard Supplies and shall have no force or effect.

32. Accessibility

Backyard Supplies is committed to making its Site accessible to all users, including those with disabilities. If you experience any difficulty accessing any part of the Site or need assistance with placing an order, please contact us at sa***@**************es.com or 855-310-YARD, and we will work to accommodate your needs.

33. Contact Information

If you have any questions, concerns, or comments about these Terms of Use, please contact us:

Backyard Supplies Inc.
456 East Jericho Turnpike, Huntington Station, New York 11746

Phone: 855-310-YARD
Email: sa***@**************es.com

Hours: Monday through Friday, 9:00 AM to 5:00 PM Eastern Time

These Terms of Use were last reviewed and updated on April 18, 2026. By using backyardsupplies.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Backyard Supplies Inc.
456 East Jericho Turnpike, Huntington Station, New York 11746
855-310-YARD  |  sa***@**************es.com

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Backyard Supplies

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  • Backyard Supplies
  • 456 East Jericho Turnpike, Huntington Station, New York 11746
  • 855-310-YARD

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