DMCA Notice.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is TigerTurf'’s policy not to permit materials known by TigerTurf to be infringing to remain on the Site. You should notify TigerTurf. promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon TigerTurf's receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), TigerTurf  will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please contact TigerTurf . at the contact address listed on this page regarding any copyright infringement notices. It is TigerTurf's policy to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Intellectual Property Rights.
The trademark TIGERTURF, logos, and service marks (collectively the "Trademarks") displayed on the Site, are trademarks of D-Generation, Inc. and related others.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written permission of TigerTurf  or the third party owner of such trademark (D-Generation, Inc).  Your misuse of the trademark except as provided in these Terms of Use , is strictly prohibited. You are also advised that TigerTurf  will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Proprietary Product; Non-Competition.
As a matter of contract, in fundamental consideration for the opportunity to view the information presented in the Site, and the opportunity to evaluate the information therein, you agree that you will not use in competition with TigerTurf  or for direct or indirect gain for yourself or another, in any way, manner, shape or form whatsoever, or contest D-Generation, Inc's ownership of, the TIGERTURF trademark and  brand name, the domains TIGERTURF.COM and TIGERTURF.ORG, or anything derived or adapted from the trademarks or brand names depicted in this Site.  All products and services displayed on this Site are copyrighted (providing a $100,000 penalty for each infringement), and protected by common law.  For the sake of its beneficiaries, Generation Digital, Inc., will aggressively enforce its patent, trademarks, licensed trademarks, and intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Off-Site Links.
TigerTurf  has not reviewed any websites which may from time to time link to the Site and is not responsible for the contents of any off-site pages or any other websites linked to the Site. Your linking to any other off-site pages or other websites is at your own risk, and subject to the "At Your Risk" paragraph of this Website Legal Statement.

Revisions.
TigerTurf  may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically re-visit this page to review the then current Terms of Use to which you are bound. They may be different on subsequent visits to this Site.

Modifications.
No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these Terms of Use . No change or modification of these Terms of Use shall be valid unless the same herein posted on this website, or is set forth in a separate written document signed by a properly qualified officer of TigerTurf  listed as a officer with the Florida Department of State. No other person has the actual authority to modify Terms of Use , and all apparent authority to do so is hereby publicly disavowed.

Your Responsibility.
You assume all responsibility for use of the Site. You waive all claims against TigerTurf  its managers, members, owners, employees, suppliers, retailers, venders and software programmers that may arise from the utilization of the Site.

Accuracy of Information.
While all reasonable attempts are made to ensure the accuracy of the information found in the Site, neither TigerTurf  nor its information contributors can be held responsible by you for the accuracy of the information. TigerTurf  makes no express or implied warranty as to the accuracy or merchantability of content or programming.

Software Interference.
You agree that you will not undertake any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our website in any way and indemnify us (including attorney's fees) against same.

Indemnity.
You agree to indemnify and hold us, our licensors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand at law or in equity, including without limitation, any and all actual and consequential damages, lost profits, bodily injury, death, property damage, including reasonable attorneys fees, made by any third party due to or arising out of your use of this Site or breach of these Terms of Use .

Legal Notices.
Any legal notices shall be given by postal mail to our address stated above. We may give you notice by pre-paid certified mail, return receipt requested, to the address provided to us, or to your email address. In such case, notice shall be deemed given 3 days after the date of mailing, or 24 hours after email is sent, unless we are notified that the email address is invalid or the email unsuccessfully sent.

Governing Law and Venue.
This Site is established in the State of Florida in the United States of America. All claims, causes or action at law or equity arising out of this Site or the products and information contained herein, and all questions concerning the meaning, intention, interpretation, performance or enforcement or validity of the terms of this Site or these Terms of Use , shall be judged and resolved in accordance with the laws of the State of Florida and venue for all such matters shall be in the State of Florida.

Waiver of Right to Jury Trial.
BY EXECUTING THIS AGREEMENT, THE PARTIES HERETO KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ISSUES RAISED BY ANY SUCH DISPUTE.

Arbitration of Disputes.
Any controversy not settled between the parties arising out of or relating to this Site, these Terms of Use, or the Goods and Services contained herein, shall be determined by binding arbitration conducted in Florida in accordance with the Florida Arbitration Code as amended. These matters shall without limitation include: formation of our agreement under these Terms of Use; failure or refusal to perform the agreement in whole or part; all rights, claims, damages, demands, actions, causes of action, in law, equity, tort, or contract; issues regarding the scope of or waivers of the arbitration agreement; matters arising after your Site visit; all addenda, purchase orders, subsequent agreements, modifications, or dealings arising out of or related to the aforesaid; inability of the parties to agree as to the effect or interpretation of any term or provision of the Site, these Terms of Use, or the Goods and Services contained herein; issues concerning the, meaning, intention, interpretation, performance or enforcement or validity of the terms of these Terms of Use.

The arbitrator shall be a member of the American Arbitration Association and shall be chosen by AAA without input from either party. The arbitrator shall have at least five (5) years experience dealing with licensing matters. The arbitrator may determine the question(s) presented and render a final award. Any action taken, determination made, and award granted by the arbitrator will be binding on the parties and confirmable and enforceable by a court of law. The loser of the Arbitration as decided by the arbitrator shall pay all costs, but not attorney’s fees, and the arbitrator may require these costs to be posted in advance to assure payment. Each party shall bear their own attorney's fees and costs. The decision and any award will be made in writing within fifteen (15) days from the date of the arbitration hearing. An assignee, successor in interest, or economic beneficiary of these Terms of Use shall also be bound by this arbitration provision, and in the event of lack of a signature confirming assent, the act of acceptance of the benefit of the contract or other act of performance of the contract shall constitute such assent. The arbitration shall be limited. No discovery shall be allowed or depositions taken. All arbitrations shall be limited to a single brief no longer then ten (10) pages in length with half-inch margins and using 12 point Arial font. All assumptions must be taken in favor of TigerTurf. The decision and award must be based on the contract. Issues about the scope of the arbitration agreement or about waivers of the arbitration agreement shall be resolved in favor of arbitration. Any ambiguous provisions dealing with arbitration shall be construed in favor of arbitrating disputes arising out of this contract or its performance. These Terms of Use, the Site, and any ambiguity herein or therein shall be interpreted in favor of TigerTurf. A hearing shall only be allowed if required by the arbitrator.

Headings.
The headings above the various provisions herein are to make it easier to locate the subject matter covered by various provisions, and are not to be used in ascertaining or construing the intent of the Terms of Use or the substantive content of a paragraph.

Invalid, Unenforceable, or Illegal Provisions.
Should any provision of these Terms of Use be, become, or be declared invalid, unenforceable, or illegal, the remaining provisions shall be and continue in full force and effect, and the invalid, unenforceable or illegal provision shall be construed to the maximum extent possible to effectuate its intent and the intent of the rest of the Terms of Use . In the event a provision is invalid, illegal, or unenforceable, under law at any given time, it shall not be permanently stricken but rather shall be suspended, and in the event that a later change in the law makes that provision valid, legal or enforceable, then that provision automatically come back into full force and effect contemporaneously with said change in the law.

Entire Agreement.
These Terms of Use constitute the entire agreement between you and TigerTurf  and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein.

Corporate Entity; Release.
TIGERTURF is a tradename of D-Generation, Inc. a Florida corporation.   D-Generation, Inc. has licensed the use of the name to Generation Digital, Inc. for use in this project.   Wherever TigerTurf is used herein it means Generation Digital, Inc.  You acknowledge and agree that you are dealing with a corporate entity, Generation Digital, Inc. in this Site, and that the persons who represent that corporation act on behalf of the corporation in their corporate capacities and not in their personal capacity. This provision is fundamental to your use of this Site and the products and services of TigerTurf , and to the Terms of Use . Therefore, in consideration for entering this Site, or utilizing the products and services presented in the Site, you release and discharge the corporation's officer, directors, shareholders, employees, suppliers, and software programmers of and from any and all rights, claims, damages, demands, actions, causes of action, or suits in equity, of whatever kind or nature, and whether accruing now or in the future, and whether known or unknown to the parties, arising out of or relating to your use of this Site, or the products and services presented in or obtained through this Site or offered by TigerTurf.  Without limitation, this release as to individual liability extends to the following grounds: failure to clearly indicate a corporate capacity; failure to observe corporate formalities; corporate capitalization; non-filing of an Annual Return or Uniform Business Report with the Florida Secretary of the State; treating the corporation and an officer of director interchangeably or as an alter ego; tort; indemnification.

Limited Goods Warranty.
Warranty does not extend beyond the original end user. We warrant that any goods are free from defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase or installation. We will provide a replacement item, or may opt to reimburse the purchase price if that is infeasible. Our sole liability with respect to any defect shall be for the replacement of the defective good(s). No one is authorized to make any other warranties on behalf of TigerTurf , or modify this warranty. We will not be liable for any abnormal usage, use or application for which the goods or service is not intended. The foregoing shall constitute our sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. TIGERTURF WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, OR THE COST OF REMOVAL, INSTALLATION, OR REINSTALLATION, AND BUYERS REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS.