Please read these Terms and Conditions carefully before using this website, classenturfcare.com (“Site”). By using this Site or downloading any materials from it, you accept these Terms and Conditions and certify that you are above the age of majority in your jurisdiction. If you do not accept any of these terms, do not use this Site or download any materials from it.
Schiller Grounds Care, Inc. (“SGC”, “our”, or “we”) owns, maintains, and operates this Site and reserves the right to modify, alter or otherwise update these Terms and Conditions at any time. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified. You should visit this page from time to time to review the then-current terms because they are binding on you.
INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by SGC or by third parties who have licensed their materials to SGC and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you because of your use of the Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Site or any related software. All software used on the Site is the property of SGC or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.
“Classen”, “Stand-Aer”, “PowerSteer”, and the ClassenTurfcare.com names and logos are either the registered or unregistered trademarks or trade dress of Schiller Grounds Care, Inc. All product names, logos, brands, and other trademarks featured or referred to within www.classenturfcare.com are the property of their respective trademark holders. For example, Honda is a registered trademark of American Honda Motor Co.
All materials and content posted on the Site, including, but not limited to, all text, graphics, photographs, data and images, are the property of, subject to and protected by copyrights owned by Schiller Grounds Care, Inc. 1028 Street Road, Southampton, PA.
USE OF THE SITE
Any use by you of the Site is conditional upon your acceptance of these Terms & Conditions, including our Privacy Policy. SGC and its affiliates have no liability to you for content on the Site that you find offensive, indecent, or objectionable
THIRD PARTY SITES
We are not responsible for the content of any third party linked site or any link contained in a linked site. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk, SGC will have no liability arising out of or related to such sites or their content for any damages or loss caused or alleged to be caused by your use and your use will be governed by such third party’s terms and policies.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless SGC and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.
DISCLAIMER
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SCHILLER GROUNDS CARE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL SCHILLER GROUNDS CARE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF SCHILLER GROUNDS CARE, INC., ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
This Web site is primarily for the benefit and use of Schiller Grounds Care, Inc.’s dealers, customers, and potential customers. Schiller Grounds Care, Inc. is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services, or prices posted in this Web site without prior notice as it deems necessary.
This website may contain links to websites owned or operated by entities or persons other than Schiller Grounds Care, Inc. Such links are provided for your convenience only. You understand that Schiller Grounds Care, Inc. does not and cannot review all material made available through websites linked or linking to any part of this website. You also understand that no such linking implies in any way that Schiller Grounds Care, Inc. endorses or is affiliated with any third-party website. You agree that Schiller Grounds Care, Inc. bears no responsibility or liability for any content accessed or harm caused from any third-party website.
Schiller Grounds Care, Inc. disclaims all responsibility and liability for the availability, timeliness, security or reliability of this website, or any software provided. Schiller Grounds Care, Inc. reserves the right to modify, suspend, or discontinue the access to the website without any notice at any time and without any notice to you. Failure of Schiller Grounds Care, Inc. to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Commonwealth of Pennsylvania in the event of any dispute of any kind arising from or relating to the website, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
LIMITATION OF LIABILITY
If you find a product is not as described, your sole remedy is to return it to SGC in unused condition (no gas or oil has been added). SGC does not assume any responsibility , and it will not be liable for any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of or browsing this Site or your downloading of any information or materials from this Site.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SGC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SGC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABLITY DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITION.
GENERAL
These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of SGC to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under Pennsylvania law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms and Conditions or your use of the Site must be brought in the state or federal courts of Pennsylvania, and you consent to the exclusive personal jurisdiction of such courts.