Terms Of Use

Effective Date: June 20, 2023

These Terms of Use constitute a legally binding agreement between you and Turfgo.io (Turf) and its subsidiaries, representatives, affiliates, officers and directors (collectively, “Turf”) governing your use of Turf’s personalized, multipurpose, digital marketplace and any related content. By accessing and/or using the site, you are expressly agreeing to comply with and be bound by the following Terms of Use and any other policies, rules or guidelines that may be applicable to services on the site, as well as all applicable laws and regulations. Further, you acknowledge that you have read and understood Turf’s Privacy Policy located at turfgo.io/policy, which you understand will apply to the processing of your personal information in relation to the site and the services.

Turf may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the site. If we make any material changes to these Terms of Use, we will endeavor to notify you in advance of such change, by highlighting the change on the site or by sending an email to you at the email address that you have registered with us. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. You should return to this page periodically to ensure familiarity with the most current version of these Terms of Use.

By using or attempting to use the Site, you certify that (i) you are a resident of the United States and are at least 16 years of age or, if under the age of 16, your parent has consented to your use of the Site via our consent mechanism as provided to your parent, or (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the site immediately.

Termination

Turf, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Modification

Turf reserves the right to modify these Terms or its policies relating to the services at any time, effective upon posting of an updated version of these Terms. You should regularly review these Terms, as your continued use of the services after any such changes constitutes your agreement to such changes.

MyTurf account

Browse the site and view content without registering, but as a condition to using certain aspects of the site, you may be required to create an account with Turf and select a password and user name.

Turf's use of your data, together with other personal information, is addressed in the Privacy Policy.

If you have reason to believe that your account credentials have been compromised, change your password to the site and immediately.

Except as described above, the Services are generally not available for use by persons under the age of 18. You may not authorize third-parties to use your Account, and you may not allow persons under the age of 18 to use the Services unless they are accompanied by you or an adult. However, we may offer parents and guardians the ability to create Accounts for their children.

If you are a parent or legal guardian, and you allow your child to use the Services, then these Terms apply to you and you are responsible for your child’s activity on the Services. If you are under the age to obtain an Account, you must have your parent or legal guardian’s permission to use an Account and accept any additional terms required in connection with your access and use of the Services as a minor. Please have your parent or legal guardian read these additional terms with you.

By creating an Account, you electronically agree to accept and receive communications from Turf, Third-Party Providers or third parties providing services to Turf including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to Turf. Message and data rates may apply. You can learn more about how Turf may contact you by reading our Privacy Notice.

If you do not wish to receive promotional emails, text messages, or other communications from Turf, you may change your notification preferences by accessing Settings in your Account. To opt out of receiving text messages from Turf, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, text messages between you and Third-Party Providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, Turf may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).

Code of Conduct

In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the site, and you may only access or use the site for lawful purposes. You may not access or use the site to cause nuisance, annoyance, inconvenience, damage, or loss to Turf.

restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
access or attempt to access parts of the site for which you are not authorized by Turf, circumvent or attempt to circumvent any security or password protection on the site, access the site by any means other than through the interface that is provided and authorized by Turf;
modify any software for the site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the site;
use the site or materials for any unlawful purpose;
express or imply that any statements you make are endorsed by us, without our prior written consent;
impersonate any person or entity, whether actual or fictitious, including any employee or representative of Turf;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site;
transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
use the site to harm minors in any way;
engage in spamming or flooding;
transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the site;
remove any copyright, trademark or other proprietary rights notices contained on the Site;
“frame” or “mirror” any part of the site;
“stalk” or otherwise harass another;
link to any page of or content on the site without written authorization;
use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, Turf grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Turf reserves the right to revoke these exceptions either generally or in specific cases;
harvest or collect information about site visitors or members without Turf's express consent;
take any action that imposes or may impose an unreasonable or disproportionately large load of data, information, or queries on our infrastructure;
share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if you are not the original recipient of such passcode or password;
The foregoing actions shall constitute a material breach of these Terms of Use.

You acknowledge, consent and agree that Turf may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Turf, its users and the public.

You understand that the technical processing and transmission of the site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Turf. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

Ownership and Restrictions of Use

The information and materials provided on or through the site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Turf or its licensors, and are intended to educate and inform you about the programs described on the site. Subject to your compliance with these Terms of Use, you may use the materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms of Use, we grant you a limited license to use the Site and Materials for your personal use only.

The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Turf and will remain the exclusive property of Turf. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair Turf’s ownership of the Site and the content therein. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Turf and Turf’s advertisers, licensors, suppliers and others.

The Trademarks owned by Turf, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Turf, in any manner that is likely to cause confusion with customers, or in any manner that disparages Turf. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark without the express written permission of Turf, Turf’s licensors or suppliers, or the third-party owner of any such Trademark.

Making Purchases

When you register for a program described on the Site you will be asked to supply information needed to complete the registration process for that program including payment information. You understand that any such information will be treated by Turf in the manner described in our Privacy Policy. In addition to these Terms of Use, your Transaction shall be subject to any Additional Terms applicable to such services, features or purchases. Registration for programs may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with any such laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes.

Descriptions or images of, or references to, third party products, services, or Events on the Site do not imply Turf’s endorsement of such products or services. Price and availability of any product or service are subject to change without notice.

If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your program registration may be cancelled.

Turf reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Turf does not currently charge a fee) or billing methods at any time. Turf also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service.

Parties other than Turf provide their programs on the Site. You may register for programs through the Site from other parties not affiliated with Turf. All matters concerning services desired from a program provider are solely between you and the program provider. Turf makes no warranties or representations whatsoever with regard to any services represented by the program provider. You will not consider Turf, nor will Turf be construed as, a party to such transactions, whether or not Turf may have received some form of revenue or other remuneration in connection with the transaction. You agree that Turf will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. It is the responsibility of the program provider to communicate its refund policy to you and to issue refunds to you. You understand and agree that program providers reserve the right to cancel programs for various reasons, including, without limitation, in the event of weather events, accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of program participants and spectators. In the event of such cancellation, there will be no refund of your payment unless authorized by the program organizer. If you want to request a refund, you must request the refund directly from the program provider. To the extent that a program is cancelled or does not meet your expectations for any reason, you must contact the program provider and your sole and exclusive remedy with respect to the program is with the program provider and not with Turf. You may report the misconduct of program provider and/or third parties in connection with the Site or any Services to us, and we, in our sole discretion, may investigate the claim and take action. Report issues to contactus@turfgo.io.

Suspected Violation of these Terms or Law; Injunctive, Equitable Relief, and Liquidated Damages.

Violations of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Turf’s sole discretion, and without prior notice, Turf may terminate and block your access to the Site, cancel your program registration, refuse to honor pending and future purchases made from all credit card accounts or online accounts Turf believes may be associated with you, cancel a program registration associated with any person acting or believed to be acting in concert with you, if Turf believes that your conduct or the conduct of any person with whom Turf believes you act in concert, or the User Content you provide, or any resale of such program registrations purchased through Turf, violates or is inconsistent with these Terms of Use or the law, or violates the rights of Turf, a customer of Turf or another user of the Site. Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place event registrations that exceed the stated limit will be deemed to be a material violation of these Terms of Use.

You agree that monetary damages may not provide a sufficient remedy to Turf for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.

You agree that liquidated damages are warranted for abusive use.

Disclaimers

THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TURF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

THE INFORMATION ON THE SITE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER TURF NOR MEMBERS OF THE SITE, WHILE SUCH MEMBERS ARE PARTICIPATING IN ACTIVITIES ON THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. TURF ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE SITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITE.

IN MOST INSTANCES, THE ABILITY OF TURF TO PROVIDE SERVICES IS DEPENDENT UPON A TELECOMMUNICATIONS NETWORK OR THE INTERNET, WHICH MAY NOT BE FULLY SECURED. TURF DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE SITE WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

The Site, Materials or Forums may include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, unauthorized alterations may be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at contactus@turfgo.io with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the Section on “Claims of Copyright Infringement,” above.

Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER TURF NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TURF SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE, ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS; MALICIOUS SCRIPTS.

Indemnification

You agree to indemnify, defend and hold Turf and its respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your breach of these Terms of Use.

Arbitration Agreement

(a) Except as prohibited by law, each party to these Terms of Use agrees that any claim, controversy or legal dispute arising out of or relating to these Terms of Use (hereinafter, a “Dispute” ) will be resolved through binding arbitration. This arbitration agreement is intended to be broadly interpreted and includes claims, controversies or disputes arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, all of which shall be considered within the definition of “Dispute.” THE PARTIES UNDERSTAND THAT, EXCEPT AS EXPLICITLY SET FORTH TO THE CONTRARY HEREIN, THEY ARE WAIVING ANY RIGHT TO A JURY TRIAL WITH RESPECT TO DISPUTES. However, Turf may not invoke its right to arbitrate any individual claim that you bring in small claims court, as long as it is brought and maintained as an individual claim. Notwithstanding the above, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within two (2) years after such claim or cause of action arose or be forever barred.

(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ( “Notice” ). Any Notice to us should be addressed to: Turfgo LLC, 94 Lovell Road, Watertown, MA 02472 ( “Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding.

WAIVER OF CLASS-WIDE PROCEEDINGS: You agree that, by entering into these Terms of Use, you and we are each waiving the right to participate in a class action or class arbitration. Each party to these Terms of Use agrees and covenants that it will not initiate any class-wide proceedings, including class actions or class arbitrations, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any Dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its individual capacity. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason the prohibition on class arbitration in this subsection (e) is not or cannot be enforced, then the agreement to arbitrate will not apply.

Connectivity: Mobile

Normal carrier charges and taxes may apply to any Materials you access from the Site. Turf is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Site.

Privacy

We believe that your privacy and the privacy of all our users are important. These Terms of Use should be read alongside our Privacy Policy, which is a non-contractual document providing important information about how your personal information is used. Please carefully review our Privacy Policy.

Questions

If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at: contactus@turfgo.io

Miscellaneous

Turf may assign its rights and obligations under these Terms of Use and upon such assignment, Turf may be relieved of any further obligation hereunder. You may not assign any of your rights or obligations under these Terms of Use. Any assignment in violation of these terms is void.