This Website Terms and Conditions of Use Agreement (“Agreement”) is between Turfmetrics, LLC a Delaware limited liability company with offices located at 201 W. Lake Street, Suite 229, Chicago, IL 60606, (“Turfmetrics”) and you (“User,” “You” or “Your”) and is a legal agreement between You and TURFMETRICS. This Agreement is effective as of the date You access the TURFMETRICS Website. This Agreement states the terms and conditions under which You may use the TURFMETRICS Website. Please read this Agreement carefully before accessing and using the TURFMETRICS Website. By using and accessing the TURFMETRICS Website, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, do not access and use the TURFMETRICS Website. TURFMETRICS may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement.
Title to the TURFMETRICS Website and Content, including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the TURFMETRICS Website shall be the exclusive property of TURFMETRICS.
TURFMETRICS's designated Copyright Agent to receive notifications of claimed infringement is: Marcus Harris 10 S. LaSalle Street Suite 3500 Chicago, IL 60603; Email: firstname.lastname@example.org; Fax: 312-577-0928. You acknowledge and agree that if You fail to comply with all of the requirements of this Section 4(B), Your DMCA notice may not be valid.\
TURFMETRICS shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of TURFMETRICS (the “TURFMETRICS Marks”). Excepting the TURFMETRICS Marks, all other product and company names mentioned on the TURFMETRICS Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by TURFMETRICS.
You acknowledge that the TURFMETRICS Website and Content are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, You shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of TURFMETRICS in connection with the TURFMETRICS Website and Content.
You acknowledge and agree that TURFMETRICS (including officers, employees, agents, directors and independent contractors of TURFMETRICS) has not made or granted to You any express warranties concerning the TURFMETRICS Website or TURFMETRICS products or services. Use and performance of TURFMETRICS products and services referenced on the TURFMETRICS Website are subject to TURFMETRICS terms and conditions concerning such products and services as made available by TURFMETRICS. You acknowledge that the TURFMETRICS Website does not constitute a grant of an express warranty concerning TURFMETRICS products and services and You waive any and all claims of warranty based on the TURFMETRICS Website.
THE TURFMETRICS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TURFMETRICS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TURFMETRICS DOES NOT WARRANT AND YOU WAIVE ANY WARRANTY THAT USE OF OR ACCESS TO THE TURFMETRICS WEBSITE BY YOU WILL BE UNINTERRUPTED OR ERROR FREE. TURFMETRICS DOES NOT MAKE ANY WARRANTY AND YOU WAIVE ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM USE OF THE TURFMETRICS WEBSITE OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE TURFMETRICS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE INTERNET AND THE TURFMETRICS WEBSITE SHALL BE AT YOUR SOLE AND EXCLUSIVE RISK AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES AND APPLICABLE LAWS GOVERNING THE INTERNET AND THE TURFMETRICS WEBSITE.
You acknowledge that the TURFMETRICS Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the TURFMETRICS Website.
TURFMETRICS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH (I) USE, PERFORMANCE OR OPERATION OF THE TURFMETRICS WEBSITE; (II) USE, PERFORMANCE OR OPERATION OF THE INTERNET OR USE OF THE INTERNET BY YOU; AND (III) LOSS OF DATA), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, REGARDLESS OF WHETHER TURFMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE.
IN NO EVENT WILL TURFMETRICS ITS CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE TURFMETRICS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TURFMETRICS WEBSITE.
You agree to release, defend, indemnify and hold harmless TURFMETRICS (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the TURFMETRICS Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the TURFMETRICS Website; (iii) Your negligence or acts (or any failure to act); or (iv) any breach by You of Your obligations under this Agreement.
You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
You acknowledge that the TURFMETRICS Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by TURFMETRICS of such websites and the third party content found there.
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
The TURFMETRICS Website is based in Cook County, Chicago, Illinois. This Agreement is governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be Cook County, Chicago, Illinois.
All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail - Return Receipt Requested - or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.
Notices to TURFMETRICS (excepting notices sent pursuant to Section 4(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail - Return Receipt Requested - or by hand to the address set forth in the first paragraph of this Agreement for TURFMETRICS Notices to TURFMETRICS shall be deemed given on the date notice is received by TURFMETRICS (as evidenced in the case of Certified or Registered Mail by Return Receipt).
You acknowledge and agree that damages at law will be an inadequate remedy to TURFMETRICS. In addition to other rights that may be available, TURFMETRICS shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
All public announcements concerning the TURFMETRICS Website or the relationship of You and TURFMETRICS shall be subject to the prior written approval of TURFMETRICS.
In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
This Agreement may be terminated by TURFMETRICS at any time without notice or cause. Any and all restrictions imposed upon You with respect to the TURFMETRICS Website and the contents of the TURFMETRICS Website and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.