Terms and Conditions

Welcome to www.decoturf.com, the website for DecoTurf (the “Website”).  On these pages, “we” and “DecoTurf” mean DecoTurf, a division of California Products Corporation. If you visit www.decoturf.com, you accept these Terms of Use, including, without limitation, our Privacy Policy, and all other policies posted on our Website.

 

Please read the following Terms of Use carefully. We may change or update these Terms of Use at any time.  If we do so, we will post the revised Terms of Use on the Website. The date of the most recent revision will always be shown at the end of the Terms of Use. Please review our Terms of Use as often as you feel necessary, because each use of our Website is your confirmation that you agree with and accept the most recent version of these Terms of Use. If you do not agree with our current Terms of Use, please do not use this Website.

Trademarks and Copyrights

The DecoTurf name and logo and all other trademarks, service marks, or trade dress on this Website that reference DecoTurf products and services are owned by DecoTurf. All other trademarks on the Website are the property of the respective trademark owners and are used on the Website with the permission of the owners.  All designs, web pages, and source code included in the Website are copyrighted or licensed by DecoTurf and are protected by United States and international copyright laws. Material from the Website, including Content (as defined below in the Section entitled “Documents Available on the Website”), may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DecoTurf. Unauthorized use of any material on the Website or any DecoTurf or third-party trademarks is prohibited by law.

 

Submissions and Communications

This Website may make message boards, blogs, forums, personalized pages, chat rooms and other features available to its users, and we welcome you to make use of any such features. Please remember, however, that any information, photos or videos that are disclosed in public areas on the Website become public information and you should exercise caution when deciding to disclose your personal information or images. You may use an alias when posting personal information on any feature provided by this Website.

You agree that you will not upload or transmit any remarks, comments, postings, submittals, suggestions, messages, ideas, photographs, graphics, images, photos, video, sound, information, data, text, files, links, software, or other materials (“User Content”) that:

(i)        you know is false or misleading;

(ii)       infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(iii)     is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

(iv)     is abusive, threatening, obscene, defamatory, or libelous;

(v)       exploits people in a sexual or violent manner;

(vi)     contains nudity, violence, or offensive subject matter or contains a link to an adult website;

(vii)    solicits personal information from anyone under 13;

(viii)  provides any telephone numbers, street addresses, last names, URLs, or email addresses;

(ix)      involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming;”

(x)       contains restricted or password-only access pages or hidden pages or images;

(xi)      furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;

(xii)    solicits passwords or personally identifiable information for commercial or unlawful purposes from other users of this Website;

(xiii)   involves commercial activities and/or sales without the prior written consent of DecoTurf, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

(xiv)   includes a photograph of another person that you have posted without that person’s consent.

By submitting User Content through the Website you represent and warrant that you have the right to grant, and do grant, DecoTurf a non-exclusive, perpetual, transferable, irrevocable, sublicenseable, royalty-free right and license to access, use, reproduce, store, modify, distribute, publicly display, publicly perform and create derivative works of any User Content (in whole or in part) and to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright, or other proprietary rights of any party that may exist in such User Content, for any purposes. You understand that anything that you post on or make available to others through the Website may remain on the Website, in whole or in part, even after your use of the Website terminates.  Under no circumstances will DecoTurf be required to treat any User Content as confidential, except to the extent that the Website’s Privacy Policy applies. DecoTurf will be entitled to use the User Content in any manner consistent with the Website’s Privacy Policy without compensation to you or any other person. For the avoidance of doubt, DecoTurf will not be liable to you or any other person for any ideas (including, without limitation, product designs) derived from the User Content and will not incur any liability as a result of any similarities to the User Content that may appear in any future products or services of DecoTurf.

You acknowledge and agree that you are responsible for whatever User Content you submit, and you, not DecoTurf, shall have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. DecoTurf shall have the right, but not the responsibility, to refuse to post, remove, or edit all or any portion of any User Content. As a user of the Website, you will represent yourself accurately and truthfully at all times.

 

Documents Available on the Website

DecoTurf grants you permission to use any documents or materials (such as FAQs, blog entries, datasheets, articles, photographs, and press releases) that it owns and may make available on the Website (collectively, the “DecoTurf Content” and together with all User Content, the “Content”), provided that: (a) you do not modify the DecoTurf Content; (b) your use of the DecoTurf Content is for informational, personal, and non-commercial purposes only and DecoTurf Content will not be posted on any network computer or broadcast in any media; and (c) you will retain copyright notices and other proprietary notices on every copy you make. DecoTurf may revoke this permission at any time and, if it does so, you agree to stop using the DecoTurf Content immediately. Use for any purpose other than as provided in clause (b), above, is expressly prohibited by law.

DecoTurf may also have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the DecoTurf Content, and DecoTurf and its licensors retain all right, title, and interest in and to such intellectual property rights. Except as expressly provided above or in a written agreement between you and DecoTurf, the furnishing of the DecoTurf Content does not grant you any license, express or implied, to any such patents, patent applications, trademarks, copyrights, or other intellectual property of DecoTurf.

 

Links

The Website may include links to other websites that are not owned or operated by DecoTurf and may also include information and material that relate to products and services provided by third party service providers.  You acknowledge that DecoTurf is not responsible for the operation of, or content located on or through, any third-party website. The inclusion of a link to such website does not imply endorsement by DecoTurf. Viewing of any website linked to the Website is at your own risk.

 

Minors

DecoTurf does not market itself to children. If you are under 18, you may use our Website only with involvement of a parent or guardian.

 

Indemnification

You agree to indemnify, defend, and hold harmless DecoTurf, its parent, California Products Corporation, and any of their subsidiaries, divisions, and affiliates, and each of their officers, directors, representatives, agents, and employees (collectively, the ”Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation with respect to any claim arising out of any User Content that you submit or breach or alleged breach of any of your obligations set forth in these Terms of Use. DecoTurf reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You shall not settle any matter without the written consent of DecoTurf. You shall cooperate as fully as reasonably required in the defense of any claim.

 

Site Disclaimer

The Website, including all Content on the Website, is provided on an “as is” and “as available” basis. Use of the Website is at your own risk. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, DecoTurf, its subsidiaries, and its licensors do not warrant that the Content is accurate, reliable, complete, or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any Content downloaded or accessed through the Website is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.

 

Limitation of Liability

DecoTurf will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, caused by the Website or any Content on the Website or any use of or inability to use the Website, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance, or computer virus, even if an authorized representative of DecoTurf has been advised of the possibility of such damages. DecoTurf will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, that may result from linking to any third-party website.

 

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain users.

 

Termination

DecoTurf may, in its sole discretion, for any reason or no reason, at any time terminate your access to the Website and any password you may have in connection with the Website and remove your personal information and User Content from the Website.

 

Miscellaneous

This Agreement constitutes the entire agreement between you and DecoTurf regarding your use of the Website and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in the Commonwealth of Massachusetts. Any court of competent jurisdiction sitting within the Commonwealth of Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Website or this Agreement and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.

 

Contact Us

If you have comments or questions about these Terms of Use, the practices of this Website, your dealings with this Website, or wish to “opt out” of certain kinds of information uses, please contact us at:

 

DecoTurf
www.decoturf.com
DecoTurf A Division of California Products Corporation

150 Dascomb Road, Andover, Massachusetts 01810 USA
1-800-DECO-1st (332-6178)
info@decoturf.com

 

Last Update

These Terms of Use were last updated and are effective as of November 17, 2011.