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BACKYARD NURSERYMEN™ — TERMS & CONDITIONS
Effective Date: May 8, 2026
Please read these Terms of Service carefully before using the Backyard Nurserymen™ membership platform. By accessing or using our platform, you agree to be bound by these terms.
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Backyard Nursery Association, LLC (“Company,” “we,” “us,” or “our”), operating as Backyard Nurserymen™, governing your access to and use of the membership platform located at members.backyardnurserymen.com (“Platform”). By registering for a membership, accessing the Platform, or clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
2. Membership
Access to the Platform requires a paid membership. Memberships are personal and non-transferable. You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate memberships for violation of these Terms without refund.
3. Acceptable Use
You agree not to use the Platform to post false, misleading, or fraudulent content; harass, threaten, or harm other members; spam, solicit, or advertise outside designated marketplace areas; infringe on any intellectual property rights; attempt to gain unauthorized access to the Platform or other accounts; or violate any applicable federal, state, or local laws or regulations.
4. Community Standards
Members are expected to engage constructively in forums, treat other members with courtesy and professionalism, share accurate information about plants and nursery practices, and report inappropriate content using the platform’s reporting tools.
5. Marketplace Participation
The Platform includes a members-only plant marketplace. All marketplace transactions are between individual members. Backyard Nurserymen™ facilitates the marketplace but is not a party to individual transactions between buyers and sellers. Marketplace sellers are subject to a platform fee of 2.1% per transaction, in addition to payment processing fees charged by Stripe. Marketplace participation is subject to our Marketplace Terms & Conditions and Seller Agreement.
6. Intellectual Property
All content created by Backyard Nurserymen™ is the exclusive property of Backyard Nursery Association, LLC. Members may not reproduce, distribute, or create derivative works from Platform content without express written permission.
7. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BACKYARD NURSERY ASSOCIATION, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR MEMBERSHIP IN THE THREE MONTHS PRECEDING THE CLAIM.
9. Termination
We reserve the right to suspend or terminate your membership at any time for violation of these Terms. Monthly memberships may be cancelled at any time; cancellation takes effect at the end of the current billing period. Lifetime memberships are non-refundable.
10. Governing Law
These Terms are governed by the laws of the State of Texas. Any disputes shall be subject to the exclusive jurisdiction of the courts in Montgomery County, Texas.
11. Changes to Terms
We reserve the right to modify these Terms at any time with notice to members. Continued use of the Platform constitutes acceptance of revised Terms.
12. Contact
support@backyardnurserymen.com | Backyard Nursery Association, LLC | Conroe, Texas
BACKYARD NURSERYMEN™ — PRIVACY POLICY
Effective Date: May 8, 2026
Backyard Nursery Association, LLC is committed to protecting your privacy. This Privacy Policy explains what information we collect, how we use it, and your rights regarding your personal data.
1. Information We Collect
We collect account information (name, email, username, password), profile information (location, growing zone, specialties, bio, website), payment information processed securely by Stripe, transaction data (purchase and sales history), usage data (pages visited, features used), forum posts and private messages, and W-9 tax information from approved Sellers.
2. How We Use Your Information
We use your information to provide and operate the Platform, process payments and facilitate marketplace transactions, send transactional and announcement emails, comply with legal obligations including IRS 1099-K reporting, improve the Platform, enforce our Terms of Service, and prevent fraud.
3. Information Sharing
We do not sell your personal information. We share information only with Stripe for payment processing, with other members as necessary for marketplace transactions (shipping address shared with Sellers for order fulfillment), with service providers under confidentiality agreements, and with law enforcement when required by law.
4. Cookies & Tracking
The Platform uses cookies to maintain your session, remember your preferences, and analyze Platform usage. You can control cookie settings through your browser.
5. Data Security
We implement industry-standard security measures including SSL/TLS encryption, secure password hashing, and access controls. No internet transmission is completely secure and we cannot guarantee absolute security.
6. Data Retention
We retain your account information for as long as your membership is active and for a reasonable period thereafter. Transaction records are retained as required by law. You may request deletion of your account by contacting support@backyardnurserymen.com, subject to legal retention obligations.
7. Your Rights
You have the right to access your personal information, request correction of inaccurate data, request deletion of your account, and opt out of non-essential communications. Contact support@backyardnurserymen.com to exercise these rights.
8. Children’s Privacy
The Platform is intended for adults 18 years of age and older. We do not knowingly collect information from minors.
9. Changes to This Policy
We may update this Privacy Policy with notice to members. Continued use of the Platform constitutes acceptance of the revised Policy.
10. Contact
support@backyardnurserymen.com | Backyard Nursery Association, LLC | Conroe, Texas