Terms and Conditions
May 6, 2013
This Agreement describes the terms governing your use of the turfequip.com including
content, updates, and new releases, (collectively, the “Services”). It includes by
- turfequip.com's Privacy Statement available on this web site.
- Additional Terms and Conditions for the Services that you have selected, including
from third parties.
- Any terms provided separately to you for the Services, including for example, web or
email product or program terms, ordering, activation, pricing and payment terms, if
applicable, for the Services.
2. YOUR RIGHT TO USE THE SERVICES AND RESTRICTIONS
2.1 The Services are protected by copyright, trade secret, and other intellectual property
laws. You are only granted the right to use the Services, and Turf Equipment & Irrigation,
Inc. reserves all rights of ownership in the Services not granted to you in writing here.
As long as you meet any applicable payment obligations and comply with this Agreement,
Turf Equipment & Irrigation, Inc. grants to you a personal, limited, nonexclusive,
nontransferable right (except as expressly stated herein) to use the Services that is
valid only for the period of use provided in the ordering and activation terms, and only
for the purposes described by Turf Equipment & Irrigation, Inc. on the web site for the
2.2 You agree not to use the Services or content on this web site in a manner that violates
any applicable law, regulation or this Agreement. For example, unless authorized by Turf
Equipment & Irrigation, Inc. in writing, you agree you will not:
- Provide access to or give any part of the Services to any third party.
- Modify, disrupt, or interfere with the Services, supporting servers, or networks either
manually or through the use of scripts, viruses, or worms.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Turf Equipment & Irrigation, Inc. systems that are not part
of these Services.
- Excessively overload the resources used to provide the Services.
If you violate any of these terms, this Agreement and your right to use the Services may be
terminated by Turf Equipment & Irrigation, Inc. in its sole discretion.
3. YOUR PRIVACY AND PERSONAL INFORMATION.
You can view the Privacy Statement for turfequip.com on this web site. You agree to be
bound by said Privacy Statement, subject to change in accordance with its terms. Most
importantly, you agree:
- to turfequip.com maintaining your data according to the Privacy Statement, as part of
- to give Turf Equipment & Irrigation, Inc. permission to aggregate your uploaded,
non-personally identifiable account data with that of other users of the Service. By
way of example, this means that Turf Equipment & Irrigation, Inc. may use that
aggregated data to improve services and/or design promotions.
4.1 You are responsible for your content. You are legally responsible for all information,
data, text, software, music, sound, photographs, graphics, video, messages or other
materials ("Content") uploaded, posted or stored through your use of the
Services. You grant Turf Equipment & Irrigation, Inc. a worldwide, royalty-free,
non-exclusive license to host and use the Content in order to provide you with the
Services. You agree not use the Services for any illegal purpose or in violation of any
applicable local, state, federal or international law. You are encouraged to archive
your Content regularly and frequently. You are responsible for any Content that may be
lost or unrecoverable through your use of the Services. You must provide all required and
appropriate warnings, information and disclosure. You agree that you will not use the
Services to share, store, or in any way distribute data or information that is not in
accordance with the law. Any users suspected of using the Services to participate or
facilitate any activity proscribed by law may have their accounts terminated, their
uploaded data erased, and they also may be reported to law enforcement officials in the
appropriate jurisdictions. Turf Equipment & Irrigation, Inc. is not responsible for the
Content or data you submit on the web site.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce,
engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane,
threatening, abusive, hateful, harassing , offensive, inappropriate, or objectionable
information or communications of any kind, including without limitation conduct that
would encourage or constitute an attack or "flaming" others, or criminal or
civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your
identity or qualifications, or that constitutes a breach of any individual’s privacy,
including posting images about children or any third party without their consent (or a
parent's consent in the case of a minor);
- Except as otherwise permitted by Turf Equipment & Irrigation, Inc. in writing,
advertisements, solicitations, investment opportunities, chain letters, pyramid schemes,
other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data;
- Any information, software or Content which is not legally yours and may be
protected by copyright or other proprietary right, or derivative works, without
permission from the copyright owner or intellectual property rights owner.
4.2 Turf Equipment & Irrigation, Inc. may freely use feedback you provide. You agree that
Turf Equipment & Irrigation, Inc. may use your feedback, suggestions, or ideas in any way,
including in future modifications of the Services, other products or services, advertising
or marketing materials. You grant Turf Equipment & Irrigation, Inc. a perpetual, worldwide,
fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to
use the feedback you provide to Turf Equipment & Irrigation, Inc. in any way.
4.3 Turf Equipment & Irrigation, Inc. may monitor your content from time to time. Turf
Equipment & Irrigation, Inc. may, but has no obligation to, monitor content on the
Services. We may disclose any information necessary or appropriate to satisfy our legal
obligations, protect Turf Equipment & Irrigation, Inc. or its customers, or operate the
Services properly. Turf Equipment & Irrigation, Inc., in its sole discretion, may refuse
to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be
unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5. ADDITIONAL TERMS TO WHICH YOU AGREE
5.1 Any advice, instruction, or similar data you may receive via the web site is provided
without any warranty whatsoever, to the extent permissible by law.
5.2 We may tell you about other Turf Equipment & Irrigation, Inc. services. You may be
offered other services, features, products, applications, online communities, or promotions
provided by Turf Equipment & Irrigation, Inc. ("TEI Services"). If you decide to
use any of these TEI Services, additional terms and conditions and separate fees may apply.
You acknowledge that in accessing some TEI Services you may upload or enter data from your
account(s) such as names, addresses and phone numbers, purchases, and sales among others,
to the Internet. You grant Turf Equipment & Irrigation, Inc. permission to use information
about your business and experience to help us to provide the TEI Services to you, including
updating and maintaining your data, addressing errors or service interruptions, and
enhancing the types of data and services Turf Equipment & Irrigation, Inc. may provide to
you in the future. You grant Turf Equipment & Irrigation, Inc. permission to combine your
business data, if any, with that of others in a way that does not identify you or any
individual personally. We may use this data to improve services and to compare business
practices with other company standards. We may use your data to create, market or promote
new Turf Equipment & Irrigation, Inc. offerings to you and others. You also grant Turf
Equipment & Irrigation, Inc. permission to share or publish summary results relating to
research data and to distribute or license such data to third parties.
5.3 We may tell you about third party products or services. Subject to the Turf Equipment &
Irrigation, Inc. Privacy Statement, you may be offered products or services by third
parties who are not affiliated with Turf Equipment & Irrigation, Inc. (“Third Party
Products”) or the Services may contain links to third party web sites (“Third Party Sites”)
and you agree that Turf Equipment & Irrigation, Inc. can use your contact information,
including name and address, for the purpose of offering these products to you. If you decide
to use any Third Party Products or access any Third Party Sites, you are responsible for
reviewing the third party's separate product terms, web site terms and privacy policies.
You agree that the third parties, and not Turf Equipment & Irrigation, Inc., are responsible
for their product’s performance and the content on their web sites. Turf Equipment &
Irrigation, Inc. is not affiliated with these Third Party Products or Third Party Sites and
has no liability for them.
5.4 Communications choices. Turf Equipment & Irrigation, Inc. may be required by law to
send you communications about the Services or Third Party Products. You agree that Turf
Equipment & Irrigation, Inc. may send these communications to you via email or by posting
them on one of our sponsored web sites. If you later decide that you do not want to receive
future Communications electronically, please review the Privacy Statement provided on the
on the Services web site to review your communications choices.
5.5 You will track your passwords and accept updates. You are responsible for securely
managing your password(s) for access to the Services. If you become aware of any
unauthorized access to your Services account, theft or loss of your password, you agree to
contact Turf Equipment & Irrigation, Inc. as soon as possible. The Services may
periodically be updated with tools, utilities, improvements, third party applications, or
general updates to improve and enhance the features and performance of the Services. You
agree to receive these updates automatically as part of the Services.
6. DISCLAIMER OF WARRANTIES
6.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS
DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, TURF EQUIPMENT & IRRIGATION, INC., ITS AFFILIATES, AND
ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS
(COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE,
MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE
SERVICES. TURF EQUIPMENT & IRRIGATION, INC. AND ITS AFFILIATES AND SUPPLIERS DO NOT
WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT
OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED
WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES,
WHICHEVER IS SOONER.
6.2 TURF EQUIPMENT & IRRIGATION, INC. AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY
REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE
COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR
ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
7. LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURF EQUIPMENT & IRRIGATION, INC., AND
ITS AFFILIATES AND SUPPLIERS, FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL NOT
BE LIABLE IN ANY WAY, SHAPE, OR FORM. SUBJECT TO APPLICABLE LAW, TURF EQUIPMENT &
IRRIGATION, INC. AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:
(A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING
TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION,
SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS
OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET TURF EQUIPMENT &
IRRIGATION, INC. SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF TURF EQUIPMENT &
IRRIGATION, INC. AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF TURF EQUIPMENT &
IRRIGATION, INC. AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Turf Equipment & Irrigation, Inc. and its suppliers harmless
from any and all claims, liability and expenses, including reasonable attorneys' fees and
costs, arising out of your use of the Services or breach of this Agreement (collectively
referred to as “Claims”). Turf Equipment & Irrigation, Inc. reserves the right, in its sole
discretion and at its own expense, to assume the exclusive defense and control of any
Claims. You agree to reasonably cooperate as requested by Turf Equipment & Irrigation, Inc.
in the defense of any Claims.
8. CHANGES TO THIS AGREEMENT OR THE SERVICES
We may change this Agreement from time to time, and the changes will be effective when
posted on our web site for the Services or when we notify you by other means. Please review
the Agreement periodically on this web site for changes. We have the right to change any of
the terms of this Agreement upon reasonable notice to you. We may also change or
discontinue the Services, in whole or in part, including but not limited to, the Internet
based services, technical support options, and other product-related policies. Your
continued use of the Services after Turf Equipment & Irrigation, Inc. posts
or otherwise notifies you of any changes, indicates your agreement to the changes.
Turf Equipment & Irrigation, Inc. may immediately and without notice terminate this
Agreement or suspend the Services provided to you, if you fail to comply with these terms
or if you no longer agree to receive electronic communications (see Section 5.4). Upon
termination you must immediately stop using the Services. Any termination of this Agreement
shall not affect Turf Equipment & Irrigation, Inc.’s rights to any payments due to it.
Turf Equipment & Irrigation, Inc. may terminate a free account at any time. Other
requirements regarding termination or cancellation of the Services may apply based on the
specific ordering terms for the Services provided to you. Sections 1.2, 3, 6 through 12
will survive and remain in effect even if the Agreement is terminated, cancelled or
10. GOVERNING LAW AND JURISDICTION
Utah state law governs this Agreement without regard to its conflicts of laws provisions.
To resolve any legal dispute arising from this Agreement, you and Turf Equipment &
Irrigation, Inc. agree to the exclusive jurisdiction of state courts in Salt Lake County,
Utah U.S.A. Turf Equipment & Irrigation, Inc. does not represent that information on the web
site for the Services is appropriate or available for use in all countries. Turf Equipment
& Irrigation, Inc. prohibits accessing materials from countries or states where contents
are illegal. You are accessing this web site on your own initiative and you are responsible
for compliance with all applicable laws.
Any translation of this Agreement is done for local requirements and in the event of a
dispute between the English and any non-English version, the English version of this
Agreement shall govern. The parties hereby confirm that they have requested that this
Agreement and all related documents be drafted in English.
This Agreement is the entire agreement between you and Turf Equipment & Irrigation, Inc. and
replaces all prior understandings, communications and agreements, oral or written, regarding
its subject matter. This Agreement may be modified only by a written amendment signed by
the parties or as provided in this Agreement in Section 10 above. If any court of law,
having the jurisdiction, rules that any part of this Agreement is invalid, that section will
be removed without affecting the remainder of the Agreement. The remaining terms will be
valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone
(except as expressly stated herein) without the prior written approval of Turf Equipment &
Irrigation, Inc.. However, Turf Equipment & Irrigation, Inc. may assign or transfer it
without your consent to (a) another company through a sale of assets by Turf Equipment &
Irrigation, Inc. or (b) a successor by merger. Any assignment in violation of this Section
shall be void. If you want to request a transfer of this Agreement or if your company is
acquired by or merged into another company, contact Turf Equipment & Irrigation, Inc. by
using our contact us page