Terms and Conditions

Introduction

Welcome to https://elevatedbackyardliving.com/. This website is owned and operated by Elevated Backyard Living. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy.

This agreement is in effect as of July 13, 2026.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Eligibility — Age Requirement

By using this website and its Resources, you represent and warrant that you are at least 18 years of age. Elevated Backyard Living does not knowingly provide services to or collect information from individuals under the age of 18. You must be 18 years of age or older to use this SMS service. If we become aware that a user is under 18, we will take steps to remove their information and terminate their access promptly.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  • a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, project needs, etc.) as part of an inquiry, registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  • b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  • c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
  • d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  • f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • g. We may provide various open communication tools on our website (such as contact forms, reviews, or chat features). You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools. By posting information or otherwise using any open communication tools, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • iii. Contains any type of unauthorized or unsolicited advertising;
    • iv. Impersonates any person or entity, including any Elevated Backyard Living employees or representatives.
  • We have the right at our sole discretion to remove any content that we feel does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, or inaccurate.
  • h. You agree to indemnify and hold harmless Elevated Backyard Living and its affiliates, and their directors, officers, managers, employees, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, please visit our Privacy Policy page.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  • i. the use of our Resources will meet your needs or requirements;
  • ii. the use of our Resources will be uninterrupted, timely, secure or free from errors;
  • iii. the information obtained by using our Resources will be accurate or reliable; and
  • iv. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that no information or advice obtained from Elevated Backyard Living shall create any warranty except for those expressly outlined in this User Agreement or within explicit, separate signed written product or service warranties provided at the time of purchase.

Limitation of Liability

Any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Elevated Backyard Living will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on https://elevatedbackyardliving.com/, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Elevated Backyard Living, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Elevated Backyard Living.

Consent to Receive Text Messages

Opt-In Methods

You may opt in to receive text messages from Elevated Backyard Living by submitting your phone number and selecting your consent preference(s) on our website contact form at https://elevatedbackyardliving.com/contact. Two separate, independent consent options are presented: (1) transactional messages, and (2) marketing and promotional messages. You may opt in to either, both, or neither — selecting one does not enroll you in the other.

By providing your phone number and checking a consent box, you expressly authorize Elevated Backyard Living to contact you via SMS/MMS text message at the mobile number provided, for the specific purpose(s) you selected:

  • Transactional messages: appointment follow-ups, project updates, and service notifications.
  • Marketing and promotional messages: special offers, design inspiration, and sales information.

You represent that you own or are authorized to provide any number you enroll.

No Third-Party Sharing

Text messaging originator opt-in data and consent will not be shared with any third parties or affiliates for any purpose, including marketing and promotional purposes. This data is used solely by Elevated Backyard Living to deliver the messages you have consented to receive. Information may be shared only with subcontractors who directly support delivery of these messages (such as our SMS platform provider), and only as needed to operate the service.

Message Frequency & Costs

Message frequency varies based on your interaction with us. Message and data rates may apply.

Opt-Out

To opt out at any time, reply STOP to any message from the mobile number you want to unenroll. You will receive a one-time confirmation that you have been unsubscribed. To re-enroll, opt in again through our website.

Help Reply HELP to any message for assistance

Termination of Use

We may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including breach of this User Agreement. Upon suspension or termination, your right to use the Resources we provide will immediately cease.

Governing Law

This website is controlled by Elevated Backyard Living from our offices located in the state of Idaho, United States. By accessing our website, you agree that the statutes and laws of Idaho, without regard to conflict of laws provisions, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Any action to enforce this User Agreement shall be brought in the federal or state courts located in Idaho. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections.

Guarantee

UNLESS OTHERWISE EXPRESSED, ELEVATED BACKYARD LIVING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.