Terms of Use

This Website and the services of TurfZoom (the “Services”) are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by TurfZoom (including but not limited to TurfZoom.com, mobile apps, etc) and collectively referred to herein as “TurfZoom” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at TurfZoom.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on September 15, 2021.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. 
  1. INTRODUCTION TO TURFZOOM
    Upon registration, you may choose your own password or TurfZoom may assign you a password to access the Services through the TurfZoom website.
  2. THE STANDARD SERVICES
    At TurfZoom we are committed to making your experience a positive one. There are several ways you can find synthetic grass experts and professionals through TurfZoom (collectively, “Service Professionals”). You may select or search for individual Service Professionals from a directory, post content suggestions, or through other communication methods.
  3. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. TurfZoom does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional’s qualifications, and to enter into a direct contract or otherwise reach an agreement with a Service Professional. We do not guarantee or warrant any Service Professional’s performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of TurfZoom, nor is TurfZoom an agent of the Service Professionals.
  4. No Contracting via the TurfZoom Website. TurfZoom may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and TurfZoom does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via TurfZoom, or which you find on the TurfZoom website, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via TurfZoom. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via TurfZoom. To contract with a Service Professional, you must work directly with the Service Professional. TurfZoom does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. TurfZoom is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements and local laws of the region or state of service performed.
  5. Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly. YOU HEREBY AGREE TO RELEASE TurfZoom (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
  6. YOUR USE OF THE TurfZoom SERVICES AND PROHIBITED USES
    You acknowledge and agree that your use of TurfZoom is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect TurfZoom content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use TurfZoom to recreate or compete with TurfZoom, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to TurfZoom for any such damages, and will indemnify TurfZoom in the event of any claims against TurfZoom based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any TurfZoom Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by TurfZoom in its sole discretion that you are misusing or attempting to misuse or circumvent the TurfZoom services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, TurfZoom reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
  7. PAYMENTS
    1. All payments are made directly to each individual Service Provider according to their own terms and conditions and are the sole responsibility of the end customer.
    2. You agree to release TurfZoom, its affiliates, and their agents, contractors, officers, and employees, from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with a dispute related to payment for services. You agree that you will not involve TurfZoom in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with any payment for service or product. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of TurfZoom, it’s employees, and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
  8. OFFERS AND DISCOUNTS.
    1. Promotional Coupons.
    2. Promotional coupons are only eligible for the specific services designated by TurfZoom. Promotional coupons are valid for a limited time only and expire on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. TurfZoom reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
    3. TurfZoom promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use TurfZoom. Promotional coupons may not be purchased for cash and TurfZoom does not sell promotional coupons. Promotional coupons are nonrefundable.
    4. Promotional coupons will not be applied against any sales, use, gross receipts, or similar transaction-based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
    5. Each promotional coupon can only be used once.
    6. No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, TurfZoom, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider and is made directly by and between the Service Provider and you.
  9. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
    Upon using TurfZoom, you will be prompted to disclose certain information about yourself and your service requirements, and you may be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize TurfZoom to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the phone number you provided, and you understand that either TurfZoom or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the TurfZoom website, communications concerning promotions run by us, and news concerning TurfZoom and industry developments and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with TurfZoom and/or a Service Professional and thus agree to be contacted by TurfZoom and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or TurfZoom has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TurfZoom has the right to refuse any current or future use of the TurfZoom Services (or any portion thereof) by you. You are responsible for any use of the TurfZoom Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that TurfZoom or its third-party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to TurfZoom’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by TurfZoom. During this process, TurfZoom and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to TurfZoom’s use and disclosure of this call data for its legitimate business purposes. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO TurfZoom AND THE SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO TurfZoom AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF TurfZoom AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.
  10. TurfZoom MESSAGING
    1. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from TurfZoom, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. TurfZoom reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. TurfZoom also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. TurfZoom, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
    2. Cancellation
      Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that TurfZoom and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from TurfZoom through any other programs you have joined until you separately unsubscribe from those programs.
    3. Help
      Text the keyword HELP to our shortcode to return customer care contact information.
    4. You acknowledge that by opting out of receiving text (SMS) messages from TurfZoom and the Service Professionals, your use of TurfZoom Services may be impacted. TurfZoom and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via TurfZoom’s messaging platform.
  11. DISPUTE RESOLUTION ASSISTANCE
    While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the TurfZoom resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the TurfZoom Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the TurfZoom resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that TurfZoom is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional.
  12. CALL RECORDING
    You acknowledge and agree that TurfZoom may monitor and/or record any telephone calls between you and TurfZoom.
  13. USER-GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on TurfZoom, including but not limited to:
    1. Photographs or Images,
    2. Comments, Questions and/or Answers,
    3. Any other content
      (known collectively as “Content”) is the sole and exclusive property of TurfZoom, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
    4. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
    5. Grant of License. You hereby grant TurfZoom and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the TurfZoom and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
    6. Representation of Ownership and Right to Use Content. By posting or providing any Content to TurfZoom, you represent and warrant to TurfZoom that you own or have all necessary rights to use the Content, and grant to TurfZoom the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
    7. Content Guidelines. TurfZoom reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any TurfZoom owned or operated websites or apps if TurfZoom determines (in its sole discretion) that such content contains or features any of the following:
      1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
      2. References to illegal activity.
      3. Language that violates the standards of good taste or the standards of this Site.
      4. Statements that are or appear to be false.
      5. Comments that disparage TurfZoom.
      6. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
      7. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
      8. Comments concerning a different Service Professional.
      9. Information not related to work is requested in the service request.
      10. If a dispute arises between a consumer and a professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful and that you will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
  14. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS.
    Unless otherwise noted on the screening tab of a Service Professional’s profile page, TurfZoom.com uses the following criteria as part of its registration enrollment process (“registration”) for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business’ enrollment:

    1. Licensing – We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, TurfZoom relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
    2. State Business Filings – For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
    3. Criminal Records Search – We may use third-party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional’s application for membership in the TurfZoom network. TurfZoom’s third-party vendor uses a national criminal database (“NCD”) to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
    4. Sex Offender Search – We may check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
    5. WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
      NOTE: TurfZoom PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE TurfZoom NETWORK, AND THEREFORE A SERVICE PROFESSIONAL’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, TurfZoom CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. TurfZoom IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL’S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL’S INFORMATION IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU. Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors of larger national or corporate accounts (“Corporate Accounts”). In such an event, you may be matched with the Corporate Account entity or with one of their Corporate SP’s. The above screening criteria is not applicable to Corporate Accounts, and therefore, TurfZoom does not screen the Corporate Accounts. Service Professionals Profiles: TurfZoom may allow Service Professionals to post profiles about themselves and their business on TurfZoom. TurfZoom does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. TurfZoom, therefore, makes no representations or warranties regarding any information posted by a Service Professional and assumes no liability for such information. The above procedures may change from time to time at the sole discretion of TurfZoom. TurfZoom believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the TurfZoom network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. TurfZoom does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error-free, or that it is up to date or updated at the time that TurfZoom checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third-party sources. DISCLAIMER: TurfZoom EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR-FREE.
  15. RATINGS & REVIEWS ARE NOT ENDORSED BY TurfZoom.COM
    All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of TurfZoom. TurfZoom disclaims any and all representations or warranties with regard to the Ratings and Reviews. TurfZoom does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
  16. ARTICLES AND OTHER CONTENT
    TurfZoom provides certain content relating to home improvement, repair, maintenance (“Articles”), on the TurfZoom or apps, and via mobile applications owned and operated by TurfZoom and other providers. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice and that such Articles are no substitute for the advice of a professional.
  17. PRODUCT LIABILITY. Neither TurfZoom nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against TurfZoom or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by TurfZoom or any of its affiliates.
  18. LINKS TO THIRD PARTY SITES
    The links in the TurfZoom or apps will let you leave TurfZoom’s Web site. The linked sites are not under the control of TurfZoom and TurfZoom is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third-party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. TurfZoom is not responsible for webcasting or any other form of transmission received from any linked site. TurfZoom is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TurfZoom of the site.
  19. THIRD-PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
    TurfZoom respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@TurfZoom.com. You acknowledge that TurfZoom may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and TurfZoom only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third-party beneficiary of any agreement between TurfZoom and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. TurfZoom disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor.
  20. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
    Permission to use documents (such as press releases, datasheets, content, informational items, and FAQs) from the TurfZoom server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities, and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires the express written permission of TurfZoom. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of TurfZoom or any other TurfZoom owned, operated, licensed or controlled site. Elements of the TurfZoom or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any TurfZoom web Site may be copied or retransmitted unless expressly permitted by TurfZoom. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic devices, program, algorithm, or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. TurfZoom AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TurfZoom AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE TurfZoom WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TurfZoom AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
  21. INDEMNIFICATION
    YOU AGREE TO INDEMNIFY TurfZoom, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE TurfZoom SERVICES IN CONNECTION WITH THE TurfZoom WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
  22. AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
    1. The exclusive means of resolving any dispute between you and TurfZoom or any claim or controversy arising out of or relating to use of this Website and/or TurfZoom’s services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against TurfZoom any class action, class arbitration, or other representative action or proceeding.
  23. *NOTICE OF RIGHTS*. By using the Website and/or TurfZoom’s services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and TurfZoom. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
  24. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against TurfZoom may be commenced only in the federal or state courts located in Pierce County, Washinton. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  25. These Terms and Conditions, and any dispute between you and TurfZoom, shall be governed by the laws of the state of Washington without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
    1. GENERAL PROVISIONS. You acknowledge and agree that the TurfZoom Services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and TurfZoom’s sole obligation to you or any third party for any claim arising out of your use of the TurfZoom Services, is that you are free to discontinue your use of the TurfZoom Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TurfZoom EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT TurfZoom SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF TurfZoom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of TurfZoom’s successors, assigns, and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of TurfZoom to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree 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 Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely in the State of Washington and between Washinton residents. You agree to submit to jurisdiction in Washington and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Pierce County, Washington. These Terms and Conditions constitute the entire agreement between you and TurfZoom and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.