Acceptance of Agreement: This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, if any, and the subject matter of this Agreement.
Intellectual Property: The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matter related to the Site are protected under applicable copyrights, patents, trademarks and other proprietary and/or intellectual property rights.
The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Limited Right to Use Section of this Agreement, is strictly prohibited. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You shall not be permitted to copy or reproduce any portion of the Site. Perfect Turf, Inc., its suppliers and licensors exclusively and expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site.
Copyright, Licenses and Trademarks: The owner of the copyrights, licenses and trademarks are Perfect Turf, Inc., its respective owners, licensors and third party affiliates and are protected by international copyright and trademark laws.
Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the Site or any related software. All software used on this site is the property of Perfect Turf Inc., and is protected by U.S. and international copyright laws. The content and software on this site may be used only as an informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Risk of Use: YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ARTIFICIAL TURF SUPPLY, Inc., PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ARTIFICIAL TURF SUPPLY, Inc., SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ARTIFICIAL TURF SUPPLY, Inc., DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ARTIFICIAL TURF SUPPLY, Inc. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY: IN NO EVENT WILL ARTIFICIAL TURF SUPPLY, Inc., BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ARTIFICIAL TURF SUPPLY, Inc. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ARTIFICIAL TURF, Inc. LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Site Security: Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Indemnification: You agree to indemnify, defend and hold us and our owners, partners, shareholders, directors, officers, employees, subsidiaries, and affiliates harmless from any liability, loss, claim and expense, including attorneys’ fees, related to your violation of this Agreement or use of the Site.
Information and Press Releases: The Site contains information and press releases about Perfect Turf, Inc. While this information was believed to be accurate as of the date prepared, Perfect Turf, Inc. disclaims any duty or obligation to update this information or any press releases.
Links to Other Websites: The Site may contain links to third-party websites. We are not responsible for the content, accuracy or opinions expressed in third-party websites, and any such third-party websites are not investigated, monitored or checked for accuracy or completeness by Perfect Turf, Inc.
Inclusion of any linked third-party website on the Site does not imply approval or endorsement of the linked third-party website by Perfect Turf, Inc. If you leave the Site and access these third-party websites, you do so at your sole risk.
Third-Party Services: We may allow access to third-party sites from whom you may purchase certain goods or services, or access certain information. You understand that we do not operate or control the products, services or information offered by these third party sites. These third party sites are responsible for all aspects of the information provided or collected; order processing, fulfillment, billing, customer service and website hosting/development. We are not a responsible party to the transactions and relationships entered into between you and the third party site. You agree that use of and interaction with such third parties is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY ARTIFICIAL TURF SUPPLY, Inc., EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS AND RELATIONS BETWEEN YOU AND THE THIRD PARTY OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER WEBSITE LINKED TO OUR SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES.
Miscellaneous: This Agreement shall be treated as though it were executed and performed in the state of Illinois, and shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principals. Any cause of action by you with respect to the Site (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement (and/or any information, goods or services) shall be brought solely in Cook County, Illinois. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. The language in this Agreement shall be interpreted as to its fair meaning and not strictly against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO USING THE SITE.