Disclaimer

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF DELIVERY TO RETURN THE UNUSED PRODUCT.

DEFINITION

"agōturf" as used herein means Agoturf, Inc. and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees. 

HIGH RISK ACTIVITY 

Products sold by agōturf include equipment and gear used in soccer, agility, yoga, fitness, weight training, and demonstration. Participation in any of these activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.

ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of agōturf’s products, you understand and agree that soccer, agility, yoga, fitness, weight training, and demonstration are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of agōturf including but not limited to equipment malfunction from whatever cause, or any other fault of agōturf. Additionally, you agree to indemnify, defend and hold agōturf harmless from any third party claims arising from such High Risk Activities or any other agōturf product. 

DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS

Before you allow others to use a agōturf product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold agōturf harmless from any claims made by them arising from their use of agōturf products. 

WARRANTY DISCLAIMER

agōturf warrants its products to be free from defects in materials and workmanship for a period of 6 months from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. agōturf's sole liability is limited to repairing or replacing products that are returned within this 6-month period, unless specific product literature specifies otherwise. 

 LIMITATION OF LIABILITY 

As set forth above under the limited warranty provisions, agōturf's liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall agōturf's liability exceed the value of the products sold. agōturf shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, or otherwise. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law. 

WARNING

Use and misuse of products sold through agōturf's websites, catalogs, or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. agōturf cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through agōturf's websites, catalogs, or otherwise. 

INSPECT BEFORE EACH USE 

This product must be inspected for use to ensure it has not damaged in shipment. If damaged, do not use and immediately return the product to agōturf for a replacement.

GENERAL DISCLAIMER

Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. agōturf reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know. 

APPLICABLE LAW AND RESOLUTION OF DISPUTES

Your order from agōturf shall be interpreted and construed in accordance with laws of the State of Texas without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Harris County, Texas and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of agōturf products or any other claim related to the use of products sold through its websites, catalogs, or otherwise, must be commenced within one (1) year after the claim or cause of action arises. Agōturf’s failure to 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 nor trade practice shall act to modify any of these terms and conditions. 

GOVERNING LAW, JURISDICTION AND VENUE 

Notwithstanding anything else set forth in this website, any and all claims, actions, disputes and lawsuits relating in any way, directly or indirectly, to this website, including but not limited to accessibility, services and products related to this website, shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Texas. Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city of Texas and Harris County, and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue or forum non conveniens. 

PROMOTIONAL AND SALE DISCLAIMER 

Online promo code may only be used once and cannot be combined with any other discount offers, coupon codes or promotional offering. Discounts are applied to the order subtotal, before shipping and taxes are added. Promotions & offerings are subject to change without notification.

 Flat Rate Shipping and other shipping promotions are available for UPS Ground within the continental US only. Oversized items are not eligible for shipping discounts unless otherwise stated. When free shipping is offered and a minimum order total is required, the cart must total that minimum after other discounts are taken and before taxes. 

If you return a portion of your purchase, a portion of the discount will be lost. For promotional items and bundles, all included products and/or services must be returned together. If a service included in the promotion and/or bundle has been used (for example a used promotional promo code), the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund.