PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This Website (“Website”) is operated by Sportsfield Specialties, Inc. (“Sportsfield Specialties”). The following Terms and Conditions of Use (“Terms”) govern your use of the Website.
From time to time, Sportsfield Specialties may revise, modify and/or update the Terms. If the Terms change, those changes will be posted to this page. You are therefore encouraged to refer to this policy on an ongoing basis to ensure you understand the current Terms.
Terms and Conditions of Use last updated on: September 2023
1. Consent
All users of the Website (https://sportsfield.com and associated web pages) agree that access to and use of the Website are subject to the following Terms and other applicable law. By using the Website, you consent to these Terms. If you do not agree to these Terms, please do not use the Website. Sportsfield Specialties may revise, modify and/or update these Terms at any time. Your continued usage of the Website means you consent to those changes.
2. Copyright
The content of the Website, such as text, graphics, images, and other material contained on the Website (“Content”) is protected by copyright under both United States and foreign laws. Sportsfield Specialties retains full ownership to the Content. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted in these Terms are reserved to Sportsfield Specialties.
Sportsfield Specialties authorizes you to download a single copy of the material on the Website solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2022, Sportsfield Specialties, Inc. All rights reserved.” in addition to any other software and proprietary rights notices that are contained in the Content. Any special rules for the use of certain Content and/or other items accessible on the Website may be included elsewhere within the Website and are incorporated into these terms by reference.
3. Trademarks
All trademarks, service marks, and trade names of Sportsfield Specialties, Inc. appearing in the Website are trademarks or registered trademarks of Sportsfield Specialties.
4. Product Information
The Website is not an e-commerce website. Unless indicated otherwise, most products and services featured on the Website are available directly from or through Sportsfield Specialties. Sportsfield Specialties has made a conscientious effort to display and describe its products and services on the Website accurately so that you can assess their design and use, and of any services offered. However, any measurements, weights, colors and other specifications provided for a particular product are approximate and are provided for convenience purposes only. Furthermore, Sportsfield Specialties is constantly improving its information, products and services. Consequently, Sportsfield Specialties cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Without limiting the foregoing, the appearance of a product’s color on the Website may vary depending on the particular computer that is being used to access the product image, and Sportsfield Specialties does not guarantee that the product colors that you view on the Website accurately depict the true colors of the products. Information regarding products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers.
5. Product Redesign
Sportsfield Specialties reserves the right to redesign or change materials of products shown in the Website catalog in order to improve safety, durability, installation, or value.
6. Limited Warranty
Sportsfield does not provide or offer any product warranties through the Website. Product warranties, if any, are addressed and/or decided on at the point-of-sale.
7. Warranty Disclaimer
The Website and the materials and products on the Website, including the Content, are provided “as is” and without warranties of any kind, whether express or implied. TO THE FULLEST EXTENT PERMITTED BY LAW, SPORTSFIELD SPECIALTIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. Sportsfield Specialties does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. Sportsfield Specialties does not make any warrantees or representations regarding the use of the materials in the Website, including the Content, in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
8. Limitation of Liability
Your use of the Website and the Content is at your own risk.
When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Sportsfield Specialties. Accordingly, Sportsfield Specialties assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
In no event shall Sportsfield Specialties or any other parties mentioned on the Website be liable for any damages (including, without limitation and to the maximum extent permitted by law, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Sportsfield Specialties or any third parties mentioned on the Website are advised of the possibility of such damages. Sportsfield Specialties or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website or Content. Any claims arising in connection with your use of the Website or any Content, must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms and Conditions.
9. Indemnification
You agree to indemnify, defend, and hold harmless Sportsfield Specialties, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, actions or demands, liabilities, and settlements, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of and access to the Website and/or any violation of these Terms (including negligent or wrongful conduct) by you or any other person accessing the Website.
10. Typographical Errors
The Content may contain technical inaccuracies or typographical errors; Sportsfield Specialties reserves the right to correct any such technical inaccuracies or typographical errors. In the event that a product is mistakenly listed at an incorrect price, Sportsfield Specialties reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.
11. Term; Termination
The Terms are applicable to you upon your accessing the Website. The Terms, or any part of them, may be terminated by Sportsfield Specialties without notice at any time, for any reason. If you violate any of the Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Severability, Rights Reserves, Indemnification, Governing Law, and Miscellaneous, shall survive any termination.
12. Severability
If any provision of the Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from the Terms and will not affect the validity or enforceability of the remaining provisions of the Terms.
13. Notice
Sportsfield Specialties may deliver notice to you by means of e-mail, a general notice on the Website, or by any other reliable method utilizing contact information you have provided to Sportsfield Specialties.
14. Rights Reserved
Sportsfield Specialties reserves the right to refuse service and/or to terminate your access to the Website or any of the Website’s features or Content its sole discretion, including, without limitation, if Sportsfield Specialties believes that your conduct violates the Terms, applicable law, or is harmful to the interests of Sportsfield Specialties.
15. Governing Law
The Terms are governed by the laws of, and each party submits to the exclusive venue and jurisdiction of, the state or federal courts in the State of New York, Delaware County, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
16. Miscellaneous
Sportsfield Specialties’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions except where explicitly agreed to between you and Sportsfield Specialties in writing. Sportsfield Specialties may assign its rights and duties under the Terms to any party at any time without notice to you.
Sportsfield Specialties makes no claims that the Website and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
17. Misuse of the Website
Harassment in any manner or form on the Website, including via e-mail, contact form, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sportsfield Specialties or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not use the Website in any way which violates the rights of any party or which may otherwise give rise to liability or violate any local, state, national, or international law.
You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use or gain any unauthorized access thereof, such as by engaging in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website. You agree that you shall not use the Website in any manner that could interfere with, interrupt, damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its Content or other features, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
18. Third-Party Links
To provide increased value to Website visitors, the Website may contain links to websites owned and/or operated by third parties. These links are being provided as a convenience and for informational purposes only. These Terms do not apply to third-party websites, and Sportsfield Specialties bears no responsibility for the accuracy, legality, or content of any third-party website or for that of any subsequent links which may appear on any third-party website. The presence of third-party website links neither represents an affiliation, partnership, or connection with the third-party website’s owner and/or operator, nor do they constitute an endorsement, sponsorship, or approval by Sportsfield Specialties of any of the products, services, information, or opinions of the third-party website’s owner and/or operator. Sportsfield Specialties has no control over third-party websites, all of which have separate terms and conditions of use, privacy policies, and data collection practices, independent of Sportsfield Specialties. You therefore access these third-party websites at your own risk, and it is suggested that you review the terms and conditions of use as well as the privacy policies of any website accessed through third party links. Sportsfield Specialties welcomes any feedback on third-party links, including if a link does not work.
19. Warning
All sporting activities carry the risk of injury to the participants. Improperly installed or maintained equipment and inadequately supervised programs are significant contributing factors. All equipment must be properly installed and thoroughly inspected and maintained to reduce the risk to the users. The Content may include instructional or demonstration videos, and/or other similar materials, regarding the installation and/or use of products sold by Sportsfield Specialties. These materials should not be relied on for installing, maintaining, or using any Sportsfield Specialties products unless directed to do so by Sportsfield Specialties. It is recommended that you consult with an appropriate installation or maintenance professional to ensure proper installation and/or maintenance of Sportsfield Specialties products.
20. Complete Agreement
Except as expressly provided in a particular “legal notice” on the Website, these Terms and the Sportsfield Specialties Privacy Policy constitute the entire agreement between you and Sportsfield Specialties with respect to the use of and access to the Website and Content.
21. Comments and Questions
Questions or comments regarding the Website should be submitted to Sportsfield Specialties at any of the following:
Email: info@sportsfield.com
Phone: 888-975-3343