PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. 

This Terms of Use Agreement ("Terms of Use") is between you and UNIFLOOD, LLC, dba Backyard Zanjero ("Uniflood”, “We”, “Us"). Your use of this web site (including any extensions, applications or application plug-ins thereof) (this "Web Site") signifies your agreement to follow and to be bound by these Terms of Use, and to agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. These Terms of Use include the terms and conditions set forth herein, Uniflood’s Privacy Policy and any other terms, notices, or policies incorporated by reference herein. In these Terms of Use, the words “you” and “your” refer to each customer, Web Site visitor, or Application user, “we”, “us” and “our” refer to Uniflood, and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Web Site or any part of it. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us and ask.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to Uniflood Privacy Policy which is expressly incorporated herein by this reference.

Copyright © 2022 Uniflood, LLC. All Rights Reserved.

Uniflood provides a general information portal to give visitors a general understanding of flood irrigation issues and its products, as well as a service that allows customers who have paid to use Uniflood’s equipment to help them in monitoring and controlling flood irrigation control hardware and software purchased from Uniflood. This Agreement relates specifically to the informational use of the Uniflood website and not to the control hardware and software that may be operated by users as a paid service. Any product liability, paid services, hardware or software issues are managed through a separate agreement made between Uniflood and the customer in relation to the specific service or product purchased by the specific customer. Uniflood, its Services, and any materials it may provide herein are provided as a public service and for information purposes only, and are not a substitute for the advice or services of a professional irrigation consultant. Nothing in these Terms of Use is intended to or shall contradict or limit anything provided in any other Agreement between Uniflood and any customer.

Uniflood strives to keep its information accurate, current and up-to-date. From time to time, however, particular product offerings and services may progress faster than updates to this website. At no time is a customer relationship formed until such customer purchases a product, including service products, from Uniflood, at which time such product shall be governed through an agreement specific to that product.

Privacy of Personal Information. Uniflood respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found by clicking here.

When you open an account to use or access certain portions of the Web Site, you must provide complete and accurate information as requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Uniflood immediately of any unauthorized use of your account, user name or password. Uniflood shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Uniflood, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

In connection with the use of certain Uniflood products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Uniflood a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Uniflood at any time by removing your personal information from the applicable service.

Web Site Ownership. This Web Site and Applications are owned and operated by Uniflood. All right, title and interest in and to the materials provided on this Web Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either Uniflood or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Uniflood, none of the Materials on this Web Site may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Web Site shall be construed to confer any license under any of Uniflood’s intellectual property rights, whether by estoppel, implication or otherwise. Uniflood does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Uniflood. Any rights not expressly granted herein are reserved by Uniflood.

Trademark, Copyright and Other Rights – Use of Content. The Web Site and its contents are protected by copyright, trademark and other applicable laws and international treaties. The Web Site’s Content is protected under United States and International Copyright laws and all rights are reserved. Nothing on this Web Site or any other web site of Uniflood or in any of the Materials should be construed as granting, by implication, estoppel, or otherwise, any consent, waiver, license or right to use any patent right, trademark right, copyright or other intellectual property or other legal right of Uniflood or any third party.

Your use of this site indicates your acknowledgement that the Site contains information, photos, text, graphics, images, or other material without limitation (collectively, "Content") that are protected by copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. and International copyright laws, and Uniflood owns a copyright in the selection, organization, coordination, arrangement and enhancement of such Content. Portions of the Content are individually copyrighted under U.S. and International copyright laws. The service marks and trademarks identified and used on this site, including but not limited to Uniflood name and logo, the BACKYARD ZANJERO name and logo, all Uniflood related product names, design marks and slogans are exclusively owned by Uniflood as Uniflood’s trademarks service marks or registered trademarks of Uniflood and are not licensed for any other use. All other product and service marks appearing on the Web Site are trademarks of their respective owners and may not be used without the prior express written consent of Uniflood or their owners, as the case may be. Use of the intellectual property of others without their express written permission is strictly prohibited.

Limited Permission to Download. Notwithstanding the foregoing, Uniflood hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use, where applicable. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. You may not use "bots" or similar methods or tools to "data mine" or otherwise gather or extract data from this Web Site. Great cost and effort has been expended to gather and organize the information included on this site. Without the prior express written consent of Uniflood, you may not: (a) display this Web Site in frames or utilize any other techniques to display only portions of this Web Site (or any content on this Web Site); (b) use any meta tags or any other "hidden text" utilizing Uniflood's name or trademarks; or (c) use Uniflood's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (i.e., "spoof" their identity) when using this Web Site. You agree that you will comply with any security processes and procedures (such as passwords) specified by Uniflood with respect to access to or use of the Web Site. Further, you agree not to access or attempt to access any areas of or through this Web Site that are not intended for general public access, unless you have been provided with prior express written authorization to do so by Uniflood. You agree that you will not disrupt the functioning of this Web Site or otherwise act in a way that interferes with other users’ use of the Web Site.

Linking and Third Party Sites. This Web Site may contain links to websites controlled by parties other than Uniflood (each a "Third Party Site"). Uniflood works with a number of partners and affiliates whose sites may be linked with Uniflood. Uniflood may also provide links to other citations or resources with whom it is not affiliated. Uniflood is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site or any website accessed from a Third Party Site. Uniflood makes no guarantees about the content or quality of the products or services provided by such sites. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Uniflood is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Your Access / Failure to Comply Indemnification. Uniflood reserves the right, in its sole and absolute discretion, to terminate, suspend or restrict your access to this Web Site, unilaterally and without notice, in the event you violate any of these Terms of Use or for any other reason. In addition, if asked to do so, you agree that you will not attempt to access this Web Site. Uniflood also reserves any and all remedies at law or equity in connection with any violation of the Terms of Use by you. You agree, at your own expense, to indemnify, defend and hold Uniflood (and its subsidiaries, officers, directors, agents, employees and third parties providing content on this Web Site) harmless from and against any claim or demand, and all losses incurred, arising from or related to: (a) any violations of these Terms of Use or any breach of your representations, warranties or covenants hereunder; (b) any virus, Trojan horse, worm or other code that delays or disrupts the use of any software or computer that is directly or indirectly linked to any Content provided by or through you; (c) any person's use of any Content provided by you to Uniflood; and (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you on or through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (iv) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).

Consent to Monitoring and Disclosure. Uniflood is under no obligation to monitor the information residing on or transmitted to this Web Site or Uniflood's server. However, anyone using this Web Site agrees that Uniflood may monitor this site periodically and release such information to: (a) comply with any necessary laws, regulations or other governmental requests; (b) operate the server properly or to protect itself and its users; and (c) achieve other business purposes determined by Uniflood in its sole and absolute discretion. Uniflood reserves the right to modify, edit, reject or eliminate any information contained on this Web Site that it, in its sole and absolute discretion, believes is unacceptable or in violation of this Agreement without prior notice.

Termination of Service. Uniflood may modify or terminate this Web Site from time to time, for any reason, with or without notice, without liability to you or any other user or any third party. Except as otherwise required by law, any cause of action or claim you may have with respect to this Web Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action will be barred. If any portion of this Terms of Use Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of these Terms of Use as possible. No waiver of any breach of any agreement or provision of these Terms of Use or any failure to assert any right or privilege contained in these Terms of Use shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision. You agree not to assign or otherwise transfer this Terms of Use Agreement in whole or in part; any attempt to do so shall be void. These Terms of Use (including all policies, notices and other terms incorporated herein by reference) constitutes the entire agreement between you and Uniflood with respect to this Web Site and supersedes any and all prior or contemporaneous agreements whether written or oral.

DISPUTE RESOLUTION BY BINDING ARBITRATION. By using this Web Site, you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and includes, without limitation:

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); and claims that may arise after the termination of these Terms. For the purposes of this Arbitration Agreement, references to "Uniflood," "we," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, contractors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

Any dispute with respect to this Agreement will be resolved by binding arbitration upon the written request of any party to such dispute, with the arbitration to be conducted in Phoenix, Arizona, in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over the matter or the parties. All costs, attorney and other professional fees, and expenses relating to the arbitration will be allocated among the parties in accordance with the determination made by the arbitrator. You may speak with independent counsel before using this Web Site or completing any purchase.

A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Uniflood should be addressed to: Notice of Dispute, General Counsel, Uniflood, LLC, Need a business mailing address here that is not your home address (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Uniflood and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Uniflood may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Uniflood or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Uniflood is entitled. 

Reviews, Comments, Communications, and Other Content. At various locations on the Web Site or through Applications, Uniflood may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use. Uniflood is not the publisher or author of the User Content and takes no responsibility and assumes no liability for any content posted by you or any third party. Uniflood has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content. NO WARRANTY. THE WEB SITE, APPLICATIONS, SOFTWARE, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIFLOOD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

UNIFLOOD MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. UNIFLOOD SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.

LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD UNIFLOOD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF UNIFLOOD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF UNIFLOOD, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

Unsolicited Submissions. Except as may be required in connection with your use of Uniflood Services, Uniflood does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Uniflood through or in association with this Web Site shall be considered non-confidential and Uniflood’s property. By providing such submissions to Uniflood, you hereby assign to Uniflood, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Uniflood shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

Minors. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

Updated November 22, 2022