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Terms and Conditions
Last Updated on April 13, 2023
PLEASE READ THIS AGREEMENT BEFORE USING BIG BULLY TURF, SERVICES. BY ACCESSING OR
USING BIG BULLY TURF, SOFTWARE OR SERVICES OFFERING, YOU (THE “CUSTOMER”) SIGNIFY
ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE
THE SOFTWARE OR SERVICES
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and BIG BULLY TURF (“we,” “us” or “our”),
concerning your access to and use of the ldxstage.wpengine.com website as well as any other
media form, media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of
these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then
you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms and Conditions at any time and for
any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and
Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms and Conditions by your continued use of the Site
after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country.
Accordingly, those persons who choose to access the Site from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18)
must have the permission of, and be directly supervised by, their parent or guardian to use the
Site. If you are a minor, you must have your parent or guardian read and agree to these Terms
and Conditions prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws
of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
1. All information you submit will be true, accurate, current, and complete;

2. You will maintain the accuracy of such information and promptly update such
information as necessary;
3. You have the legal capacity and you agree to comply with these Terms and Conditions;
4. You are not under the age of 18;
5. Not a minor in the jurisdiction in which you reside, or if a minor, you have received
parental permission to use the Site;
6. You will not access the Site through automated or non-human means, whether through
a bot, script, or otherwise;
7. You will not use the Site for any illegal or unauthorized purpose;
8. Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and refuse any and all current or future use of
the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written permission
from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email.
3. Use the Site to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site.
6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords;
7. Make improper use of our support services or submit false reports of abuse or
misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.

9. Interfere with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
10. Attempt to impersonate another user or person.
11. Use any information obtained from the Site in order to harass, abuse, or harm another
person.
12. Use the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.
13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the Site.
14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
16. Delete the copyright or other proprietary rights notice from any Content.
17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
20. Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
22. Use the Site in a manner inconsistent with any applicable laws or regulations.
5. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you
must comply with the following criteria:
1. You should have firsthand experience with the person/entity being reviewed;

2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate
language;
3. Your reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or disability;
4. Your reviews should not contain references to illegal activity;
5. You should not be affiliated with competitors if posting negative reviews;
6. You should not make any conclusions as to the legality of conduct;
7. You may not post any false or misleading statements;
8. You may not organize a campaign encouraging others to post reviews, whether positive
or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable,
and sub-licensable right and license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to reviews.
6. SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have
with third-party service providers (each such account, a “Third-Party Account”) by either: (1)
providing your Third-Party Account login information through the Site; or (2) allowing us to
access your Third-Party Account, as is permitted under the applicable terms and conditions that
govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach by you of
any of the terms and conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage limitations imposed by
the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on and through the
Site via your account, including without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account additional information to the extent you are notified
when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts, personally identifiable information that you post to your
Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our
access to such Third-Party Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Site. You will have the ability to
disable the connection between your account on the Site and your Third-Party Accounts at any
time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content outside of the provided ad content we
have created, including but not limited to, for accuracy, legality, or non-infringement, and we
are not responsible for any Social Network Content outside of the ads we have created.
You acknowledge and agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have also registered
to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting
us using the contact information below or through your account settings (if applicable).
7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site (“Submissions”) provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right to submit such Submissions.

You agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
8. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party
Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the Third-Party Websites or to use or install any Third-Party Content,
you do so at your own risk, and you should be aware these Terms and Conditions no longer
govern.
You should review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or relating to any applications you
use or install from the Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless from
any losses sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
9. LINKS
BIG BULLY TURF, MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES. BIG BULLY TURF, IS NOT
RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY WEBSITES, AND DOES NOT MAKE

ANY REPRESENTATIONS REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF THIRD-PARTY
WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS FOR SUCH
WEBSITES. BIG BULLY TURF, SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY
LIABILITIES THAT YOU MAY INCUR WITH ANY OF THESE THIRD-PARTY WEBSITES OR VENDORS.
PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR PURCHASE OF
GOODS FROM A THIRD PARTY.
10. TERM; TERMINATION
The term hereof will commence on the start date in your signed agreement and continue in
effect for the full duration of the signed agreement. BIG BULLY TURF, may, in its sole discretion,
terminate or suspend your access to all or part of the Services for any or no reason and with no
prior notice to you. Upon termination of this Agreement for any reason, the License will likewise
terminate and you shall immediately cease using the Services, including the Information. The
provisions relating to Proprietary Information, Representations and Warranties, Indemnification,
Disclaimers of Warranty, Limitation of Liability, Privacy, Modifications and Miscellaneous shall
survive the expiration or termination of these Terms.
11. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
1. Monitor the Site for violations of these Terms and Conditions;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law
or these Terms and Conditions, including without limitation, reporting such user to law
enforcement authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof;
4. In our sole discretion and without limitation, notice, or liability, to remove from the Site
or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems;
5. Otherwise manage the Site in a manner designed to protect our rights and property and
to facilitate the proper functioning of the Site.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy posted on the Site. By
using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these
Terms and Conditions. Please be advised the Site is hosted in the United States.
If you access the Site from the European Union, Asia, or any other region of the world with laws

or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly
market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 18 has provided personal
information to us without the requisite and verifiable parental consent, we will delete that
information from the Site as quickly as is reasonably practical.
13. Additional Information for Individuals from California
This section provides notice and specific information for California consumers to address the
California Consumer Privacy Act ("CCPA").
We collect the following categories of personal information from you:
● Contact information and other identifiers (for example, real name, address, email
address, account name, or other similar identifiers);
● User ID or device identifiers (for example, IP address or other similar identifiers);
● Customer records (for example, customer records containing personal information, such
as name, address, and telephone number);
● Protected classifications (but only gender, age range, and ethnicity, which you choose to
provide);
● Purchase history and preferences (for example, records of products or services
purchased or considered);
● Usage data (for example, internet activity information, including browsing history and
interactions with a website or advertisement);
● Precise geolocation data (for example, latitude/longitude from a particular device, but
only with your consent);
● Audiovisual information (for example, visual, audio, or similar information, only if you
choose to provide this information);
● Work history (for example, professional information, if this information is provided).
We do not disclose your data in exchange for money except at your request or direction. For
California residents, the CCPA defines "selling" personal information to include providing it to a
third party in exchange for valuable services. We disclose information to certain third parties in
exchange for valuable services, such as advertising services, which may constitute a "sale"
under the CCPA. You may opt-out of this disclosure of your data for commercial purposes

(please see our Privacy Policy). As provided in our Terms of Use, use of the BIG BULLY TURF
Platform by anyone under 16 years of age is strictly prohibited. Consequently, we do not
knowingly disclose information regarding individuals under 18 years of age to third parties in
exchange for consideration.
In addition to the rights described above and in the Your Choices and Rights section, California
consumers may also, up to twice every 12 months and subject to certain exceptions, request us
to provide information about how we have used and shared your personal information in the
prior 12 months. Please submit these requests for information, as well as requests to access or
delete your information, by emailing us at [email protected].
Your authorized agent may submit a request to know, delete, or opt out on your behalf via this
online support form or by emailing us at [email protected]. We may still require you to
directly verify your identity and confirm that you have provided the authorized agent
permission to submit the request. Whether you submit your request directly or through an
authorized agent, generally, the only means BIG BULLY TURF, has to verify your identity is for
you: to respond to a specific BIG BULLY TURF, email from the email address associated with your
BIG BULLY TURF, account; to click a confirmation or similar button in a specific BIG BULLY TURF,
email from the email address associated with your BIG BULLY TURF, account; or to submit your
request from your logged-in account.
Consistent with the CCPA, except to the extent reasonably related to the value of your personal
information, we will not treat California consumers differently for exercising their rights under
the CCPA.
14. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
NOTIFICATIONS
A. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available
on or through the Site infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to federal law you may be held liable for damages
if you make material misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should consider first contacting
an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the
following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by the Notification, a representative list of
such works on the Site;
3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as
an address, telephone number, and, if available, an email address at which the
complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the
law;
6. A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed upon.
COUNTER NOTIFICATION
If you believe your own copyrighted material has been removed from the Site as a result of a
mistake or misidentification, you may submit a written counter notification to us using the
contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include
substantially the following:
1. Identification of the material that has been removed or disabled and the location at
which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District Court in which
your address is located, or if your address is outside the United States, for any judicial
district in which we are located;
3. A statement that you will accept service of process from the party that filed the
Notification or the party’s agent;
4. Your name, address, and telephone number;

5. A statement under penalty of perjury that you have a good faith belief that the material
in question was removed or disabled as a result of a mistake or misidentification of the
material to be removed or disabled;
6. Your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above,
we will restore your removed or disabled material, unless we first receive notice from the party
filing the Notification informing us that such party has filed a court action to restrain you from
engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was
removed by mistake or misidentification, you may be liable for damages, including costs and
attorney’s fees. Filing a false Counter Notification constitutes perjury.
Big Bully Turf Corporation
350 Tenth Ave Suite 820
San Diego, CA 92101
619-330-8976
Email: [email protected]
15. TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Site at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support
the Site or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Terms and Conditions and your use of the Site are governed by and construed in
accordance with the laws of the State of Wyoming applicable to agreements made and to be
entirely performed within the State of Wyoming, without regard to its conflict of law principles.
18. DISPUTE RESOLUTION
Option 1: Any legal action of whatever nature brought by either you or us (collectively, the
“Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal
courts located in Sheridan, Wyoming, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms
and Conditions. In no event shall any claim, action, or proceeding brought by either Party
related in any way to the Site be commenced more than 2 years after the cause of action arose.

Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you
or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
90 days before initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
19. BINDING ARBITRATION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT
TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available
at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone,
or online. The arbitrator will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable AAA rules or applicable law,
the arbitration will take place in Wyoming.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Sheridan, Wyoming, and
the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum
non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms
and Conditions.
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than 2 years after the cause of action arose. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy or claim related to these
Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by
either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and
exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available
at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone,
or online. The arbitrator will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration
will take place in Wyoming. Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate,
or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Sheridan, Wyoming, and
the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum
non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms
and Conditions. In no event shall any Dispute brought by either Party related in any way to the
Site or Services be commenced more than 2 years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 2/Option 3: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general public or any
other persons.
Option 2/Option 3: Exceptions To Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Site, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
2 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$200]. CERTAIN STATE LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of
these Terms and Conditions; (4) any breach of your representations and warranties set forth in
these Terms and Conditions; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site,
as well as data relating to your use of the Site. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates to any activity you
have undertaken using the Site. We use reasonable and appropriate measures to protect your
personal information from loss, misuse, unauthorized access, disclosure, alteration, and
destruction, taking into account the risks involved in the processing and the nature of the
personal information.
You agree that we shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or corruption of such
data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
23. LINKS TO BIG BULLY TURF, WEB PAGES
BIG BULLY TURF reserves the right to reject or terminate any links to the Site or any content
contained therein.
24. WEB WIDGETS
We may make available through the Site certain web widgets that contractors or others may
integrate into their online service. Some of these web widgets are publicly available and others
are only available to contractors who are registered members of BIG BULLY TURF,. If you place a
widget on your online service on behalf of an entity, you represent and warrant that you have
authority to bind that entity to these Terms and by accepting these Terms, you are doing so on
behalf of that entity.
By using our widgets, you do not acquire ownership of any rights in our widgets or the content
that is accessed through our widgets. You give us a perpetual, irrevocable, worldwide,
sub-licensable, royalty-free, and non-exclusive license to use content submitted, posted, or
displayed to or from the widgets. If you provide feedback or suggestions about our widgets,
then we may use such feedback without obligation to you. By using our widgets, we may use
submitted information in accordance with our privacy policies.
By placing one of our widgets on your online service, you agree to comply with all applicable
laws, including privacy laws, provide appropriate notice and obtain consent, where applicable,
when collecting personal information from end users through our widgets. You will ensure that
your privacy policies, notices, and applicable consent language make it clear that you may

disclose to Owens Corning information you obtain through the widget, which we may receive
from you automatically through the widget. You will also make it clear that when end users
submit their personal information that they are intentionally submitting such information to you
and to Owens Corning. You will comply with all applicable law, regulation, and third party rights
(including without limitation laws regarding the import or export of data or software, privacy,
and local laws). You will not use the widgets to encourage or promote illegal activity or violation
of third party rights. You will not violate any other terms of service with Owens Corning, or its
affiliates.
You will only place a widget on your online service by the means described by us. If the widget
requires you to be logged into a registered account, you must use the registered account in
relation to that widget and you will not misrepresent your identity. You will use commercially
reasonable efforts to protect end user information collected through the widget from
unauthorized access or use and will promptly report to your end users any unauthorized access
or use of such information to the extent required by applicable law.
You agree to display any attribution(s) required by us as described in the documentation for the
widget. We hereby grant to you a non transferable, non sublicensable, nonexclusive license to
promote or advertise that you use the widgets. You understand and agree that we have the sole
discretion to determine whether your attribution(s) are in accordance with these Terms or are
not objectionable by us. You will not make any statement regarding your use of a widget which
suggests partnership with, sponsorship by, or endorsement by us without our prior written
approval. You grant us all necessary rights to use your company or product name to promote
our widgets or other products in relation to the widgets.
We may communicate with you information about our widgets, for example where you are a
contractor with a registered account, that is confidential. This confidential information includes
any materials, communications, and information that are marked confidential or that would
normally be considered confidential under the circumstances. If you receive any such
information, then you will not disclose it to any third party without our prior written consent.
Confidential information does not include information that you independently developed, that
was rightfully given to you by a third party without confidentiality obligation, or that becomes
public through no fault of your own. You may disclose confidential information when compelled
to do so by law if you provide us reasonable prior notice, unless a court orders that we not
receive notice.
YOU AGREE THAT WE MAY MONITOR USE OF THE WIDGETS TO ENSURE QUALITY, IMPROVE
PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS.

You will not interfere with this monitoring. We may use any technical means to overcome such
interference.
When using the widgets, you may not (or allow those acting on your behalf to):
● Sublicense your access or use to the widget to a third party.
● Create any technology that functions substantially the same as the widgets and offer it
for use, including by third parties.
● Perform an action that exposes us or end users any viruses, worms, defects, malware, or
any destructive technology.
● Defame, abuse, harass, stalk, threaten others, or any other inappropriate action.
● Interfere with or disrupt the widgets or the widgets’ servers or networks.
● Reverse engineer or attempt to extract the source code from any widget or any related
software, except to the extent that this restriction is expressly prohibited by applicable
law or where the code is provided to you by us.
● Remove, obscure, or alter any of the preset language, links, notices, or other content
provided by us through the widget.
● Scrape, build databases, or otherwise create permanent copies of widget content.
● In relation to widget content, copy, translate, modify, create a derivative work of, sell,
lease, lend, convey, distribute, publicly display, or sublicense to any third party.
● Misrepresent the source or ownership of the widget.
● Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices;
or falsify or delete any author attributions, legal notices, or other labels of the origin or
source of material.
We may suspend access to the widgets by you without notice if we reasonably believe that you
are in violation of these Terms. Upon any termination of the Terms or discontinuation of your
access to a widget, you will immediately stop using the widget and cease all related promotions.
Unless prohibited by applicable law, if you place a widget on your online service or on behalf of
a business, you, and that business, will defend and indemnify us, and our affiliates, directors,
officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal
fees), and expenses relating to any allegation or third-party legal proceeding to the extent
arising from your misuse or your end user's misuse of the widgets, your violation or your end
user's violation of these Terms; or any content or data routed into or used with the widget by
you, those acting on your behalf, or your end users.
WE PROVIDE THE WIDGETS “AS IS” AND DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE
WIDGETS, COMMITMENTS ABOUT THE CONTENT, SPECIFIC FUNCTIONS, OR THE RELIABILITY,

AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS FROM THE WIDGET. TO THE EXTENT
PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS,
REPRESENTATIONS, AND UNDERTAKINGS.
CALIFORNIA USERS AND RESIDENTS:
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site
constitute the entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of
such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable
from these Terms and Conditions and does not affect the validity and enforceability of any
remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms
and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these
Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and
Conditions.
IF YOU DO NOT AGREE
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY
TERMINATE YOUR USE OF THIS SITE.
CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding
use of the Site, please contact us at:
Big Bully Turf Corporation
350 Tenth Ave Suite 820
San Diego, CA 92101
619-330-8976
Email: [email protected]