Terms of service

Effective Date: 2026-02-09

1. Introduction

Welcome to The Backyard Upgrade (the "Brand"). The website located at thebackyardupgrade.com (the "Website") and any related services (collectively, the "Services") are operated by ASND PERFORMANCE ENT LLC ("Company," "we," "our," or "us"), a registered Limited Liability Company located at 1380 Duncan Loop South, Dunedin, FL 34698, United States.

These Terms of Service ("Terms") govern your access to and use of our Website and Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

2. Eligibility

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

3. Accounts and Registration

3.1 Account Creation

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

• Provide true, accurate, current, and complete information during registration.
• Maintain and promptly update your account information.

3.2 Account Responsibilities

You are responsible for:

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

4. Orders and Payment

4.1 Product Availability

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

4.2 Pricing

Prices are subject to change without notice. We are not liable for pricing changes, errors, or discontinued products.

4.3 Payment Terms

• Accepted Payment Methods: Visa, Mastercard, AmEx, PayPal, and other methods made available at checkout.
• Payment Processing: Payments are processed securely through Shopify Payments and/or other third-party payment processors available at checkout.
• Billing Information: You agree to provide accurate and complete billing details.

4.4 Order Acceptance

We reserve the right to refuse or cancel any order due to availability issues, pricing errors, verification issues, or suspected fraudulent activity.

5. Shipping and Delivery

5.1 Shipping Policy

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

5.2 Risk of Loss

Risk of loss and title pass to you upon delivery of items to the carrier.

6. Returns and Refunds

Please refer to our Return and Refund Policy for details.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, and software, is the property of The Backyard Upgrade and/or ASND PERFORMANCE ENT LLC or its licensors and is protected by applicable intellectual property laws.

7.2 Limited License

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

7.3 Restrictions

• No reproduction, resale, or exploitation without written consent.
• No unauthorized use of trademarks or meta tags.

8. User Content

8.1 Submissions

By submitting content, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content in connection with the Services.

8.2 Prohibited Content

• Illegal, abusive, obscene, or harmful material.
• Content infringing intellectual property or privacy rights.

9. Prohibited Activities

• Violating Laws and Rights: Using the Services unlawfully.
• Disruption: Interfering with Services or connected systems.
• Unauthorized Access: Attempting to access restricted areas.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind to the fullest extent permitted by law.

10.2 No Warranty

• Services will meet your requirements.
• Services will be uninterrupted or error-free.
• Results will be accurate or reliable.

11. Limitation of Liability

To the fullest extent permitted by law, The Backyard Upgrade and/or ASND PERFORMANCE ENT LLC shall not be liable for indirect, incidental, consequential, or punitive damages arising from use of the Services.

12. Indemnification

You agree to indemnify and hold harmless The Backyard Upgrade and ASND PERFORMANCE ENT LLC from claims arising from your use of the Services or violation of these Terms.

13. Termination

We may terminate or suspend access to the Services at any time without notice if you breach these Terms.

14. Governing Law

These Terms are governed by the laws of the State of Florida (FL), without regard to conflict of laws principles.

15. Dispute Resolution

Informal Resolution

Customers must contact support@thebackyardupgrade.com within 30 days of an issue arising to attempt informal resolution.

Mediation and Arbitration

Disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association in the United States.

Class Action Waiver

All disputes must be resolved individually and not as part of a class action or representative proceeding.

Exceptions

Claims may be brought in small claims court or for intellectual property infringement.

16. Changes to Terms

We may update these Terms at any time. Changes are effective upon posting.

17. Miscellaneous

17.1 Severability

If any provision is unenforceable, the remaining provisions remain effective.

17.2 Entire Agreement

These Terms constitute the entire agreement regarding the Services.

17.3 Waiver

Failure to enforce any provision does not constitute a waiver.

18. Contact Information