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Terms & Conditions

PLEASE READ THIS AGREEMENT CAREFULLY

We appreciate your interest in Fronyard.com ("Fronyard"). Your use of this website ("Site") and the services, features, and material made available via it ("Service") are governed by this agreement (this "Agreement" or these "Terms and Conditions"). You may easily stop using this Site or the Service if you disagree with any of the terms stated below.

FRONYARD WEBSITE TERMS AND CONDITIONS

These Terms and Conditions shall be interpreted as follows: "We," "us," and "our" refer to Fronyard. You, the user or site visitor, are referred to as "user," "you," and "your." "Designer" describes Fronyard's designer users. These Terms & Conditions are referred to as "Terms." The term "content" encompasses various elements such as text, metadata, abstractions, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, papers, and similar materials.

You acknowledge that you have read and agree to be bound by all applicable laws and regulations, including US export and re-export control laws and regulations, and that you will do so by using the Site in the future.

It is your duty to go over these Terms from time to time. These Terms could change at any time, and we wouldn't tell you. Please email us at design@fronyard.com with any questions you may have regarding these Terms. Please do not use this Site at any time if you disagree with these Terms or if you feel them to be objectionable.

REMEMBER THIS: The "DISPUTE RESOLUTION" SECTION OF THESE TERMS INCLUDES AN ARBITRATION CLAUSE THAT FORMS INDIVIDUAL ARBITRATION OF DISPUTES AND PROHIBITS CLASS ACTION CLAIMS. IT IMPACTS THE DISPUTES YOU AND FRONYARD ARE ABLE TO RESOLVE. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION BY ACCEPTING THESE TERMS. CAREFUL READING IS ASKED.

BY USING THE SITE AND REGISTERING FOR THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD, OR THAT YOU ARE USING THE SITE WITH PARENTAL OR GUARDIAN SUPERVISION, AND THAT YOU ARE OF LEGAL AGE TO ENTER INTO CONTRACTS.

 

1. DESIGN SERVICES

The Website serves as a platform for communications that makes it possible for Users and Designers to interact. The term "Design Services" refers to the specific design services that Users request and that Designers are responsible for completing. Fronyard is not involved in the communication that occurs between Designers and Users. Fronyard has no control over the integrity, accountability, timeliness, legality, lack of provision, or any other feature of any work supplied by Designers. Nor does it have any influence over the acts or inactions of any Users or Designers. Whether in public, private, or offline interactions, Fronyard makes no guarantees regarding the appropriateness, dependability, timeliness, or accuracy of the Design Services requested and given by Designers identified through the Site. Users enter into direct contracts with designers for design services. Fronyard will not enter into any Design Services agreements. Fronyard provides a means of exchanging money, which makes contracts easier to execute.

Fronyard is unable to verify that every Designer is who they say they are. Fronyard disclaims all liability regarding the veracity or accuracy of any information obtained via the Site or from this source. Just as you would when interacting with strangers, you should use caution and common sense when interacting with Designers to safeguard your property and personal safety. The conduct of any user of the site or designer, whether offline or online, is not the responsibility of Frontyard, its affiliates, or its licensees. When using this site or the design services, you assume all liability and Frontyard, its affiliates, and its licensers will not be held responsible for any claims, injuries, or damages.

 

2. SERVICE PACKAGES

Prices listed by Fronyard, including those for its Service Packages, are only approximations. Fronyard's prices become finalized amounts when two things happen: (1) Fronyard verifies the project's true size and scope; and (2) Fronyard and its client concur on the project's exact cost.

The various packages and services we offer determine the different prices.

• Customized 3D Design;

• Lighting Design for Oasis;

• Irrigation Design

• Design of Two-D Satellites

• Quick Delivery

• An extra yard space

• No End to Consultations

• Thirty-Day Design Changes

• Virtual Tour in 3D

DURATION OF SERVICE PACKAGES

The 30-day design revisions package commences upon delivery of the initial 3D draft and lasts for 30 calendar days. From the time the first 3D draft is delivered, the Unlimited Consultations Package is valid for 30 calendar days. The client would need to repurchase the relevant package in order to continue using its services after that 30-day window closes.

 

3. USE OF THE SITE

Fronyard gives you the limited, nonexclusive, revocable, non-transferable, and non-sublicensable right to access, display, and view the Site and the Content for your own personal, non-commercial use, provided that you abide by the Terms. The license granted in this paragraph may be immediately revoked without prior notice to you in the event that this Agreement is broken.

The user agrees to follow all copyright warnings, guidelines, and limitations included in any content that they access via this website..

You may not translate, adapt, reverse-engineer, distribute, display, sell, lease, transmit, create derivative works from, reproduce, distribute, disassemble, decompile, or otherwise exploit this site or any portion of its Content without Fronyard's written consent, with the exception of what is allowed in the paragraph above. Unless Fronyard specifically permits it in advance and in writing, you are not allowed to use any of the information on the site for commercial purposes or to use it to the advantage of another company. At its sole discretion, Fronyard retains the right to refuse service, cancel orders, terminate accounts, and/or for any other reason, including, but not limited to, if Fronyard feels that your behavior contravenes applicable law or is detrimental to Fronyard's interests.

To grant you access to and use of specific areas of this Site, Fronyard may assign you an account identification and password. You will be deemed authorized to access and use the Site in accordance with the Terms each time you use a password or other form of identification. Fronyard is under no duty to look into the authorization or source of any such access or use of the Site.

Regardless of whether or not such access and use of this site is actually authorized by you, you will be solely responsible for all obligations incurred through such access or use, including without limitation all communications and transmissions and all obligations (including without limitation financial obligations) resulting from anyone using the password and identification originally assigned to you.

The security and privacy of the password and identity that have been assigned to you are entirely your responsibility. Any unauthorized use of your password or identity, as well as any other breach or suspected breach of this Site's security, must be reported right away to Fronyard.

 

4. MOBILE/WIRELESS POLICY

You hereby expressly consent to our using your cell phone number for calls and texts in order to operate and enhance the Service, as long as you provide it to us and use the Service. Fronyard will not charge you for calls or texts; however, your wireless carrier may charge you for other services or standard message fees. For information on the costs associated with sending and receiving text messages and browsing data, please refer to the pricing plan provided by your mobile service provider. In no case will Fronyard or its service providers be held accountable for any wireless or text messaging fees that you or anyone else who gains access to your phone number or wireless device through a promotion may incur. Should your carrier not. It might not support calling plans or pre-paid phones. For each message you send to us, you might get a bounceback message. We disclaim all liability for any delays in receiving SMS messages, as delivery is contingent upon your network operator enabling effective transmission. The SMS message services are offered "AS-IS." Your cell phone number, the name of your service provider, the date, time, and content of your messages are among the personal information that may be collected from you in connection with this SMS service. We might make use of this data to get in touch with you and deliver the services you've requested. If you would like to stop receiving texts from us, send an email to design@fronyard.com.

 

5. USER SUBMISSIONS

The Website may allow you and other Users to upload, submit, and distribute texts, pictures, materials, communications, and other types of information (collectively, "User Submissions" or "User Generated Content"). You acknowledge that Fronyard makes no guarantees regarding the confidentiality of any User Submissions, whether or not they are published.

Granting Fronyard a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicenseable, and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and Fronyard's (and its successors and assigns) business is what you do when you submit the User Submission(s) to this Site or post any content, including photographs, on or through the Site. This license includes without limitation for promoting and redistributing all or part of the Site or Service (and derivative works thereof) in any media formats and through any media channels. Additionally, as permitted by the Site's functionality, you hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions. To be clear, your other ownership or license rights in your User Submission(s) are unaffected by the aforementioned license grant to Fronyard.

All texts, images, communications, information, and other materials that (a) violate or infringe upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) are libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) include any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties are prohibited from being uploaded, submitted, distributed, or published through this site.

To access, acquire, copy, or monitor the Site or any portion of the Content, you may not submit any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology. You may also not submit any comparable or equivalent manual process.

It is forbidden for you to: (a) send or post unsolicited commercial communications (like spam) on the Site or through the Service; (b) participate in illegal multi-level marketing on the Site or through the Service, like a pyramid scheme; (c) request login credentials or User IDs, or gain access to another person's account; (d) suggest or state that any remarks you make are supported by Fronyard, without Fronyard's prior written consent; or (e) assist or encourage any violations of these Terms.

This website only offers content for informational purposes. User Submissions and opinions expressed on this site are the property of the person expressing them, and Fronyard may not agree with them. The statements about products made on this website are not those of Fronyard.

Your User Submissions and the effects of posting or publishing them are your responsibility. It is agreed upon by you that Fronyard shall not be liable for any User Submissions, including but not limited to your own User Submissions. By clicking this release, you absolve Fronyard and its officers, directors, workers, agents, representatives, and affiliates, both current and future, of all liability arising from or connected to User Submissions or any portion thereof.

Fronyard retains the right to determine whether a User Submission is improper or breaches this Agreement; examples of such breaches include copyright infringement, intellectual property law violations, the inclusion of pornography, obscene or defamatory content, or an excessive length of submission. Furthermore, Fronyard maintains the right, at its sole discretion, to delete, reject, or refuse to post any posting you make (including private messages and user submissions), or, at any time, for any reason, with or without prior notice, to limit, suspend, or terminate your access to all or any portion of the Site. Despite the aforementioned, Fronyard disclaims any liability for keeping an eye out for objectionable content on the site or for altering or eliminating it.

6. REGISTRATION

You need to register in order to take advantage of all of Fronyard's features. It's simple to register, and it doesn't require a purchase or commitment. Just complete the form on our homepage and submit it. However, please be aware that scheduling an initial consultation does not ensure that we will be able to offer one to you. Your registration with Fronyard and all the information you submit are governed by our privacy policy. You may link your account with any online accounts you may have with third-party service providers (each of these accounts, a “Third Party Account”) as part of the Site's functionality by doing one of the following: (i) giving Fronyard access to your Third Party Account login information through the Site; or (ii) allowing Fronyard to access your Third Party Account, as allowed by the relevant terms and conditions that each Third Party Account has to offer. You affirm that you have the right to provide Fronyard with access to your Third Party Account login information and/or to your Third Party Account (including, but not limited to, for use for the purposes described herein), as long as you don't violate any of the terms and conditions that apply to the use of the relevant Third Party Account, don't charge Fronyard anything, and don't subject Fronyard to any usage restrictions or fees imposed by such Third Party Accounts. By giving Fronyard access to any Third Party Accounts, you agree that: (i) Fronyard may access, store, and (if applicable) make available any content you have stored in your Third Party Account (the “SNS Content”), enabling it to be accessed via your account on and through the Site, including without limitation any friend lists; and (ii) Fronyard may submit and receive additional information to your Third Party Account, at your discretion, to the extent that you are notified when you link your account with the Third Party Account. For all purposes of these Terms, all SNS Content, if any, shall be deemed User Generated Content unless otherwise specified in these Terms. Personally identifiable information you post to your Third Party Accounts may be accessible on and through your account on the Site, depending on the Third Party Accounts you select and the privacy settings you have set in such Third Party Accounts. Please be aware that SNS Content may no longer be accessible on and through the Service in the event that a Third Party Account or related service is rendered unavailable, or if Fronyard's access to such a Third Party Account is revoked by the third party service provider. Please be aware that your agreements with the third-party service providers linked to your third-party accounts govern your relationship with them exclusively. Fronyard is not liable for any SNS Content and makes no attempt to review any SNS Content for any reason, including but not limited to, correctness, legality, or non-infringement. You understand and consent to Fronyard having access to your contacts list on your tablet or mobile device, as well as your email address book linked to a Third Party Account, only for the purpose of locating and alerting you to contacts who have also registered to use the Site.

 

7. NO SOLICITATION

It is prohibited to use the Service to promote any other company, website, or service. Except as specified in this Agreement, you may not approach, advertise, or otherwise get in touch with Designers for work, contracting, or any other reason unrelated to the services offered by Fronyard.

Without Fronyard's express prior written consent, you are not permitted to use the Service to gather usernames and/or email addresses of Users or Designers through electronic or other means..

 

8. BILLING AND PAYMENT POLICY

Unless User uses a Gift Card as specified below, Fronyard will charge User's payment card the amount agreed upon between User and Fronyard for all purchases, payments, fees, or expenses related to the Service. User hereby authorizes Fronyard, or its third-party payment processors, to charge User's payment card for such amounts. Any payment for the Service may be put on hold by Fronyard at its sole discretion.

While Fronyard is under no duty to offer refunds or credits, it may do so in certain situations, in response to special refund guarantee offers, or in order to address any mistakes it has made. Fronyard retains the final say in all of these situations.

In order to make purchases through the Service, users may be required to share pertinent payment card information via the Site. The management and processing of payments you make through the Service is handled by a third-party payment processor. The third-party payment processor may impose additional terms on payment. Until a third-party payment processor has processed a User's payment, the actual payment will not be completed. There could be a delay. Until instructed to complete the transaction, the third-party payment processor must retain pertinent payment information.

You specifically consent, by using the Site, to the following actions: (i) the third-party payment processor collecting your payment information and accessing your transactions on the payment processor platform; (ii) the payment processor exchanging and processing your data with the third-party payment processor; and (iii) the third-party payment processor exchanging and processing your data with the merchant globally, either internally or through an outside service provider, as needed to enable us to provide the Design Services.

It is your responsibility to furnish accurate, full, and up-to-date information for every order you place and every payment you make using the services. FOR YOUR PAYMENT INFORMATION TO BE CURRENT, COMPLETE, AND ACCURATE, YOU MUST PROMPTLY UPDATE ALL INFORMATION (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). In the event that you fail to pay the third-party payment processor for a purchase you made using the Services, you agree to pay any outstanding balances immediately upon demand..

 

9. MONEY-BACK GUARANTEE RULES

We are extremely proud of the exceptional caliber of our offerings and want you to be happy with what you bought. We are committed to providing our customers with the highest caliber, selection, and value. After you first purchase one of our services, you have thirty (30) days to request a refund from us in accordance with the guidelines listed below. The first order you placed with Fronyard is considered the "initial purchase date." For instance, your 30-day refund period would have begun on August 1st if you had ordered a design service on August 1st and additional upsells, like 30 Day Design Revisions, on August 7th. We only provide partial refunds for custom 3D designs. The amount of the refund will depend on how many hours you put into the project. Our ultimate goal is to satisfy our customers.

Within a year of the date of your initial design purchase, you can still use our design service. No services will be provided after a year. We offer refunds within 30 days of the date of your original purchase. There will be no reimbursements after 30 days..

If all of the following requirements are completed, you qualify for a refund:

 

• You get in touch with us within thirty (30) days of making your first purchase.

• Should any designing work have begun, you would be qualified for a prorated reimbursement.

• You gave us all the information we needed to begin the design process, including sketches, videos, and pictures.

• Clients who request a refund after receiving a 3D design will be assessed a processing fee and will only get a portion of the total amount they paid for our services back. For the sake of clarity, this “Money-back guarantee” does not apply to the following cases:

 

• You can request a refund up to thirty (30) calendar days following your original purchase.

• Private motives, including but not limited to moving, house selling, etc.

• Monetary motives, including but not limited to (change of heart, estimate falling short of expectations, not prepared to begin work on the property, etc.)

• If your design was precisely what you asked for from the designer.- After they are used, additional packages and services like (30 Day Design Revisions, Unlimited Consultations, etc.) are not refundable.

• You need to get an RMA (Return Authorization) in order to request a refund. An RMA number must be requested via email at design@Fronyard.com. Following receipt of your RMA, your card will be credited and you will receive an email confirming the transaction.

You consent to receiving emails, newsletters, exclusive offers, and other communications from Fronyard by providing your email address on our website. Please click the unsubscribe link in the email to let us know if you would prefer not to receive such communications.

 

10. TAXES

All transaction taxes on the services rendered under this agreement, excluding those based on Fronyard's income, are the user's responsibility.

 

11. INTERNATIONAL ACCESS

It is possible to access this site from nations other than the US.

 

12. RELEASE FOR DESIGN, INSTALLATION & CONTRACTOR SERVICES

The Site serves only as a platform to link Designers and Users. Users may be referred by Fronyard to contractors and installers (a "Referral Partner"). It is not necessary for Fronyard to direct Users to a Referral Partner, though. In the event that any User has a disagreement with one or more Designers and/or Referral Partners, Fronyard is not involved in the actual communication between Users, Designers, and/or a Referral Partner, nor in the completion of the Design Services, installations, contractor services, and/or products through the use of the Site ("Installation Services/Products"), You hereby release Fronyard (together with our officers, directors, agents, investors, subsidiaries, and workers) from any and all claims, demands, or damages (actual or consequential) of any kind and nature, revealed or undisclosed, known or unknown, suspected or unsuspected, resulting from or connected in any manner to such disputes.

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