Terms of service

Effective Date: 2026-02-13  |  Last Updated: 2026-04-25

About Elevated Patio Co.

Elevated Patio Co. is an online retailer operated by Barlowka Corporation, a Ohio corporation doing business as Elevated Patio Co., based in Dayton, Ohio. We offer a curated selection of outdoor living, patio, and backyard products — including fire features, outdoor furniture, and related accessories — for residential customers across the contiguous United States.

📦 Fulfillment: Orders are fulfilled from authorized U.S.-based warehouses and shipped directly to the delivery address you provide at checkout, within the contiguous United States (excluding Alaska, Hawaii, and U.S. territories). To complete your order, we share necessary information (such as your name, shipping address, phone number, and order details) with our authorized fulfillment partners. These parties are only authorized to use your information to fulfill your order.

⚠️ Product Disclaimer: Products sold on this Website are intended for residential outdoor and patio use only. They are not intended for commercial, industrial, or structural applications unless explicitly stated in the product listing. Always follow manufacturer installation and safety guidelines. Individual results and suitability may vary.

1. Introduction

Welcome to Elevated Patio Co. This website located at elevatedpatioco.com (the "Website") is owned and operated by Barlowka Corporation ("Company," "we," "our," or "us"). Elevated Patio Co. is the store/brand name used on the Website. These Terms of Service (the "Terms") govern your access to and use of the Website and any related services, features, content, and tools we provide (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our policies referenced herein (including our Shipping Policy, Return & Refund Policy, and Privacy Policy). If you do not agree to these Terms, do not use the Services.

2. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Services. By using the Services, you represent and warrant that you have the legal capacity to enter into these Terms. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

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

  • Provide true, accurate, current, and complete information.
  • Maintain and promptly update your information to keep it accurate and current.

3.2 Account Responsibilities

You are responsible for:

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

4. Orders and Payment

4.1 Product Availability

All products and services displayed on the Website are subject to availability. We reserve the right to limit quantities, discontinue products, or modify product specifications at any time without notice, to the extent permitted by law.

4.2 Pricing

Prices are subject to change without notice. Prices displayed may not include applicable taxes, shipping, handling, or other charges, which will be presented during checkout where applicable. We are not responsible for typographical errors, inaccurate pricing, or other errors, and we reserve the right to correct any errors and to cancel or refuse any orders affected by such errors.

4.3 Payment Terms and Charge Timing

  • Accepted Payment Methods: Major credit/debit cards (Visa, Mastercard, American Express, Discover) and other payment methods made available at checkout, which may include PayPal and Shop Pay.
  • Charge Timing: Your payment method is authorized and charged at the time your order is placed and confirmed. In the event an item is unavailable after your order is placed, we will issue a full refund to your original payment method promptly.
  • Secure Checkout: All transactions on this Website are processed over an SSL/TLS-encrypted connection. We use industry-standard Secure Socket Layer (SSL) technology to protect your payment and personal information during transmission. We do not store full payment card details on our servers. Payments are processed securely through third-party payment processors (including Shopify Payments, where available).
  • Billing Information: You agree to provide current, complete, and accurate billing and purchase information and to promptly update such information as needed.

4.4 Order Acceptance and Cancellation

Your order constitutes an offer to purchase. We may accept, reject, or cancel any order at our sole discretion, including but not limited to circumstances involving product availability, suspected fraud, unauthorized transactions, pricing or listing errors, or issues identified by our payment processors. If we cancel an order after payment has been processed, we will issue a refund to the original payment method, subject to processing timelines of the payment provider.

5. Shipping and Delivery

5.1 Shipping Overview

We ship to the contiguous United States only (excludes Alaska, Hawaii, and U.S. territories). Orders are fulfilled from authorized U.S.-based warehouses and shipped directly to the delivery address you provide at checkout.

  • Order Cut-Off Time: 2:00 PM EST. Orders placed before 2:00 PM EST on business days are processed the same day. Orders placed after 2:00 PM EST or on weekends/holidays are processed the next business day.
  • Order Processing Time: 1–3 business days from payment confirmation.
  • Transit Time: 3–9 business days after shipment confirmation, depending on destination and carrier. Delivery dates are estimates and are not guaranteed.
  • Carriers: Orders are shipped via major carriers including UPS, FedEx, USPS, and LTL freight carriers (for oversized items such as pergolas, gazebos, and large furniture). Carrier selection is based on item size, weight, and destination.
  • Shipping Costs: Free shipping on orders with a merchandise subtotal over $100. Orders of $100 or less incur a $60.00 flat rate shipping charge.

For full details, see our Shipping Policy.

5.2 Risk of Loss; Title

Unless otherwise required by applicable law, risk of loss and title to products pass to you upon our delivery of the products to the carrier.

6. Returns and Refunds

Key terms are summarized below; full details are in our Return and Refund Policy. All returns require prior written approval and a Return Authorization (RA). Approved returns must be shipped to the U.S. return address provided in the RA instructions.

  • Return Window: 30 days from delivery for non-defective items. Damage, defects, or incorrect items must be reported within 7 days of delivery.
  • Return Conditions: Items must be new, unused, uninstalled, and returned in original packaging with all parts and accessories. Items showing use, assembly, wear, or missing components may be denied.
  • Return Shipping: Customer is responsible for return shipping costs unless the item is confirmed defective, damaged on arrival, or incorrect.
  • Restocking Fee: Approved non-defective returns are subject to a 25% restocking fee on the product price.
  • Outbound Shipping: Original outbound shipping charges are non-refundable.
  • Refund Processing: Approved refunds are issued to the original payment method within 7 business days after inspection approval.

7. Data Collection, Protection, and Privacy

7.1 Data We Collect

When you use our Website or place an order, we may collect the following categories of personal information:

  • Identifiers: Name, email address, phone number, billing and shipping address, and IP address.
  • Payment Information: Payment card type and last four digits (full card details are processed by our payment processor and not stored by us).
  • Order and Transaction Data: Products purchased, order history, and communications related to your order.
  • Usage Data: Browser type, pages visited, referring URLs, and other analytics data collected via cookies and similar technologies.

7.2 How We Protect Your Data

We implement industry-standard security measures to protect your personal information, including:

  • SSL/TLS Encryption: All data transmitted between your browser and our Website is encrypted using SSL/TLS technology.
  • Secure Payment Processing: Payment transactions are handled by PCI-DSS compliant third-party processors. We do not store full payment card numbers.
  • Access Controls: Access to personal data is restricted to authorized personnel and authorized fulfillment partners who require it to process your order.

7.3 Your Privacy Rights (CCPA / Consumer Rights)

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA), including the right to:

  • Know what personal information we collect, use, disclose, and sell (we do not sell your personal information).
  • Request deletion of your personal information, subject to certain exceptions.
  • Opt out of the sale of personal information (we do not sell personal information).
  • Non-discrimination for exercising your privacy rights.

Residents of other jurisdictions (including the EU/EEA under GDPR) may have additional rights, including the right to access, correct, or erase personal data, and the right to data portability. To exercise any of these rights, contact us at info@elevatedpatioco.com. For full details, see our Privacy Policy.

8. Intellectual Property

8.1 Ownership

The Services, including all text, graphics, logos, images, video, audio, software, and other content (collectively, "Content"), are owned by Barlowka Corporation or licensed to us and are protected by intellectual property laws.

8.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use.

8.3 Restrictions

You agree not to:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services except as expressly permitted by us in writing.
  • Use any meta tags or other hidden text using our name, trademarks, or branding without our express written consent.
  • Reverse engineer, decompile, or otherwise attempt to derive the source code of any software used in the Services, except where prohibited by law.

9. User Content

9.1 Submissions

If you submit reviews, comments, photos, or other content ("User Content"), you grant Barlowka Corporation a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, and display such User Content in connection with operating and marketing the Services, subject to applicable law and our Privacy Policy.

9.2 Prohibited Content

You agree not to submit User Content that:

  • Is unlawful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
  • Infringes any third-party intellectual property, privacy, or other rights.
  • Contains malware, spyware, or harmful code.

10. Prohibited Activities

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Services, servers, or networks.
  • Engage in scraping, data mining, or automated access to the Services without our prior written consent.
  • Transmit spam, solicitations, or other unsolicited communications through the Services.

11. Disclaimers

11.1 "As Is" and "As Available"

The Services and all Content are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 No Guarantees

We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services or servers are free of viruses or other harmful components.

11.3 Product Use Disclaimer

Products sold on this Website are intended for residential outdoor and patio use only. They are not intended for commercial, industrial, or structural applications unless explicitly stated in the product listing. Product descriptions, specifications, and images are provided for informational purposes. While we strive for accuracy, we do not guarantee that all product information is complete or error-free, and we reserve the right to correct any inaccuracies.

12. Limitation of Liability

To the fullest extent permitted by law, in no event shall Barlowka Corporation or its officers, directors, employees, agents, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, loss of data, or business interruption, arising out of or relating to your use of (or inability to use) the Services.

To the fullest extent permitted by law, Barlowka Corporation's aggregate liability for any claim arising out of or relating to the Services or these Terms shall not exceed the amount you paid to us for the applicable product(s) giving rise to the claim. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Barlowka Corporation and its affiliates, officers, directors, employees, agents, and contractors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your breach of these Terms, or (c) your violation of any law or third-party rights.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, sections that by their nature should survive will survive, including without limitation Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

15. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. Notwithstanding the foregoing, consumer protection claims may also be subject to the laws of the state in which you reside.

16. Dispute Resolution; Arbitration; Class Action Waiver

16.1 Informal Resolution

If you have a dispute with us, you agree to first contact us and attempt to resolve the dispute informally by emailing info@elevatedpatioco.com.

16.2 Binding Arbitration

Except for claims that may be brought in small claims court (if eligible) or claims seeking injunctive relief for intellectual property misuse, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any products purchased through the Website shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its applicable rules. The arbitration shall take place in Ohio, United States, unless the parties agree otherwise. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

16.3 Class Action Waiver

You and Barlowka Corporation agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, then the arbitration agreement in this section shall be null and void solely as to that dispute.

17. Changes to Terms

We may revise these Terms from time to time. Any changes will be effective upon posting on the Website with an updated "Last Updated" date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

18. Miscellaneous

18.1 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.2 Entire Agreement

These Terms, together with any policies referenced herein, constitute the entire agreement between you and Barlowka Corporation regarding the Services and supersede any prior or contemporaneous agreements.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

19. Contact Information

If you have questions about these Terms, contact us at:

  • Legal Company Name: Barlowka Corporation
  • Store Name (DBA/Brand): Elevated Patio Co.
  • Address: 1511 Lake Pointe Way 7, Dayton, OH 45459, United States
  • Email: info@elevatedpatioco.com
  • Phone: 1-567-978-1050
  • Hours: Monday to Friday, 9 AM – 5 PM EST