TURF WARZ
TERMS OF SERVICE
Effective Date: March 18, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Turf Warz LLC, a Colorado limited liability company (“Turf Warz,” “we,” “us,” or “our”), governing your access to and use of the Turf Warz mobile application and any related services, features, or content (collectively, the “Service”).
By downloading, installing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not download, install, or use the Service.
We may update or modify these Terms at any time at our sole discretion. When we do, we will notify you through the Service via an in-app notification. Changes take effect immediately upon posting unless we state otherwise. Your continued use of the Service after notice of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
These Terms incorporate by reference our Privacy Policy and Community Guidelines, both of which will be published prior to the public launch of the Service and will be made available within the app. By accepting these Terms, you agree that when those documents are published, they become part of this agreement.
Turf Warz is a location-based mobile game that transforms dog walks into a competitive, social, and fitness-driven experience. The Service allows users to claim territory on a shared map, compete on leaderboards, track walk activity, and connect with a community of dog owners. The Service also provides basic fitness tracking and activity logging features intended solely for informational and entertainment purposes. These features are not a substitute for professional veterinary, medical, or fitness advice and are addressed in detail in Section 12.
Turf Warz is a technology platform and entertainment product only. We do not provide pet care services, veterinary services, fitness coaching, or any professional services of any kind. We make no representations or warranties about the suitability of any walk route, location, or activity suggested or facilitated by the Service for you or your dog.
Your use of the Service takes place in the real world. Turf Warz does not control, and is not responsible for, the real-world actions of users, the behavior of dogs, the condition of walking routes, or any hazards you may encounter while using the Service. You are solely responsible for your own safety and the safety and wellbeing of your dog at all times.
GPS, mapping, and location data used in the Service are provided by third-party providers and may not always be accurate, complete, or current. Turf Warz is not liable for any errors or inaccuracies in location data or map information, or for any consequences arising from reliance on such data.
You must be at least 18 years old to create a Turf Warz account. If you are between the ages of 13 and 17, you may only use the Service through a family account created and managed by your parent or legal guardian. By creating a family account and adding a minor as a family member, the parent or legal guardian represents that they have the legal authority to do so and agrees to these Terms on behalf of that minor. Children under the age of 13 may not use the Service under any circumstances.
When creating an account, you agree to provide accurate, current, and complete information and to keep that information up to date. You may not create more than one account, and you may not create a new account if Turf Warz has previously suspended or terminated your account.
Family accounts allow a parent or legal guardian to add family members and control app settings on behalf of family members. The primary account holder has full visibility into all activity and data associated with every family member in the group, including walk routes and walk data, territory claims, social feed posts, buddy interactions, privacy settings, and gameplay data and stats. This visibility is a core feature of the family account and cannot be restricted by family members. The parent or legal guardian who creates the family account is fully responsible for all activity that occurs under that account, including activity by any family members added to it.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account. Turf Warz is not liable for any loss or harm resulting from unauthorized use of your account.
We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, for any reason or no reason, with or without notice.
You agree to use the Service only for its intended purposes and in compliance with these Terms and all applicable laws. The following conduct is strictly prohibited:
Turf Warz reserves the right to investigate any suspected violation of these prohibitions and to take any action we deem appropriate, including suspending or terminating your account, removing content, and cooperating with law enforcement authorities.
The Service uses your device’s GPS and location data to enable core gameplay features including territory marking, walk tracking, and map visualization. By using the Service, you consent to the collection and use of your location data as described in these Terms and in our Privacy Policy.
Your real-time location is never visible to other users at any time. Walk routes and territory claims are only made visible to other users according to your privacy settings as described below.
The Service provides the following privacy and visibility controls, configurable at any time within the app. Some settings affect competitive gameplay features such as leaderboards, rival detection, and territory visibility. The app will display a warning when changing a setting that impacts these features.
You are responsible for configuring and maintaining privacy settings appropriate for you and your family. If you operate a family account, you are responsible for configuring settings on behalf of all family members. Turf Warz is not liable for any consequences arising from your privacy setting choices or your failure to configure them correctly.
Location data is sensitive personal information. You are solely responsible for ensuring that your use of the Service does not create safety risks for yourself, your family, or your dog. Our full data collection, retention, and sharing practices are described in our Privacy Policy.
The Service allows you to upload, post, and share content including walk routes, dog photos, walk summaries, and other posts to the social feed (collectively, “User Content”). You retain ownership of any intellectual property rights you hold in your User Content.
By posting or sharing User Content through the Service, you grant Turf Warz a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, store, reproduce, modify, adapt, publish, display, and distribute your User Content for the purposes of operating, maintaining, promoting, and improving the Service. This license exists only to allow us to run the Service and does not give us the right to sell your User Content to third parties.
This license ends when you delete your User Content from the Service, except where your content has been shared with others or incorporated into aggregate gameplay data such as territory maps and leaderboard records, in which case certain residual uses may continue as necessary to maintain the integrity of the Service.
By posting User Content, you represent and warrant that:
The social feed is a feature intended for walk highlights, dog photos, and community interaction. By posting to the social feed you agree that your content may be visible to other users according to your Walk Share Default privacy setting. We reserve the right to remove any content from the social feed at any time without notice if we determine it violates these Terms, our Community Guidelines, or is otherwise objectionable in our sole discretion. We have no obligation to store, preserve, or provide you with copies of any content you post to the social feed.
We do not actively monitor all User Content but reserve the right to review, screen, and remove any User Content at any time and for any reason, including content that violates these Terms, infringes third party rights, or that we determine is harmful, offensive, or inappropriate. Removal of content does not create any liability on our part.
The shared territory map, leaderboards, pack standings, and all other compiled gameplay data generated by the Service (collectively, “Game State Data”) are owned exclusively by Turf Warz LLC. While your individual walk data and User Content remain yours as described in Section 6, the aggregation of all player activity into the shared game world is our intellectual property.
Territory claims, hex marks, and walk polygons you generate through gameplay are associated with your account and visible to others according to your privacy settings. However, territory is a gameplay construct and not a form of property ownership of any kind. Turf Warz reserves the right to modify, reset, expire, or remove any territory claim at any time, including as part of seasonal resets, gameplay balance adjustments, anti-cheat enforcement, or any other reason at our sole discretion.
You acknowledge that territory claims, leaderboard positions, pack rankings, streaks, and any other gameplay achievements or statuses have no monetary value and do not constitute property of any kind. You have no ownership interest in any gameplay asset, and Turf Warz has no obligation to maintain, preserve, or restore any gameplay asset that is lost, expired, reset, or removed for any reason.
Turf Warz may use anonymized and aggregated gameplay data, including walking patterns, territory activity, and usage trends, for product development, research, and other business purposes. This data will not identify you personally and is governed by our Privacy Policy.
The Service offers optional purchasable cosmetic items including custom territory colors, map skins, animated markers, dog avatar accessories, profile flair, pack banners, and other visual customizations (collectively, “Virtual Goods”), as well as a premium subscription tier offering additional features (“Premium Subscription”). All Virtual Goods and Premium Subscription purchases are strictly cosmetic and confer no competitive gameplay advantage. Turf Warz is committed to a non-pay-to-win experience.
Virtual Goods have no monetary value and do not constitute currency, property, or any other asset of value. You do not own Virtual Goods — you purchase a limited, non-transferable, non-sublicensable license to use them within the Service for as long as your account remains active and in good standing. Virtual Goods may not be sold, traded, transferred, or exchanged for real money or anything else of value.
All purchases of Virtual Goods are final and non-refundable except where required by applicable law. If you believe a purchase was made in error or without your authorization, please contact us at [email protected].
The Premium Subscription is offered on a monthly or annual billing basis. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. If you cancel a monthly subscription, you will retain access to Premium features through the end of your current billing period, after which your account will revert to the free tier. If you cancel an annual subscription, you are entitled to a prorated refund for the unused portion of your subscription term. To request a prorated refund on an annual subscription, contact us at [email protected].
If your account is suspended or terminated for violation of these Terms, you forfeit access to all Virtual Goods and any active Premium Subscription without refund. In the case of a suspension, Turf Warz may, at its sole discretion, restore access to previously purchased Virtual Goods and subscription benefits upon reinstatement of your account. We are under no obligation to do so.
Turf Warz reserves the right to modify, discontinue, or remove any Virtual Good or Premium Subscription feature at any time. We will provide reasonable advance notice of any material changes to subscription pricing or features. Continued use of the Service after such notice constitutes your acceptance of the changes.
Packs are teams of up to 20 accounts that collectively hold territory, compete on pack leaderboards, and participate in coordinated gameplay events. Any user may create or join a Pack. Pack membership and participation are subject to these Terms and any additional rules posted within the Service.
Each Pack may contain a maximum of 20 accounts as specified in the Service. Each account may register up to 5 dogs, however only one dog per account may contribute to any individual Pack stat. The contributing dog is determined as follows:
Each Pack has a designated Pack Leader who is responsible for managing the Pack, its membership, its name, its visual identity including banners and emblems, and any content posted or shared under the Pack. Pack Leaders may transfer leadership to any active Pack member at any time through the settings available within the Service. If a Pack Leader’s account is deleted, suspended, or becomes inactive, Turf Warz may, at its sole discretion, transfer Pack leadership to another member or dissolve the Pack.
Pack Leaders are responsible for ensuring their Pack and its members comply with these Terms and our Community Guidelines. By accepting the role of Pack Leader, you acknowledge that you are responsible for the conduct of your Pack as a whole within the Service.
Turf Warz is not responsible for the actions of individual Pack members toward the Pack Leader or toward other users or Pack members. Disputes between Pack members, including disputes over leadership, territory strategy, or Pack management, are solely between the users involved. We have no obligation to mediate or resolve internal Pack disputes.
Turf Warz reserves the right to dissolve any Pack at any time without notice if the Pack or any of its members are found to be in violation of these Terms, engaging in coordinated cheating or harassment, or otherwise acting in a manner detrimental to the Service or its community. Upon dissolution, all associated Pack territory, rankings, and content may be permanently removed without compensation or recourse.
Turf Warz is designed to encourage healthy, active lifestyles for dogs and their owners. By using the Service, you represent and warrant that:
You are solely and fully responsible for your dog’s behavior, health, safety, and wellbeing at all times while using the Service. Turf Warz is not present during your walks and has no ability to monitor, direct, or control your dog’s behavior or your treatment of your dog. You acknowledge and agree that Turf Warz is not liable for any injury, damage, or loss caused by your dog to any person, animal, or property, and that you are solely responsible for any claims, costs, or damages arising from your dog’s actions.
The Service includes optional and automatic features designed to support responsible dog ownership, including rest and water break reminders, daily point caps to discourage excessive walking sessions, session length warnings, and weather alerts based on local conditions. You acknowledge that these features are provided as a convenience only and do not constitute veterinary advice or a guarantee of your dog’s safety. You remain solely responsible for monitoring your dog’s condition and making appropriate decisions about walk duration, intensity, and timing regardless of what the Service does or does not prompt.
YOU ARE SOLELY RESPONSIBLE FOR YOUR DOG’S HEALTH, SAFETY, AND WELLBEING. TURF WARZ IS NOT A SUBSTITUTE FOR VETERINARY GUIDANCE. ALWAYS ENSURE YOUR DOG HAS ACCESS TO FRESH WATER AND REST DURING WALKS. DO NOT PUSH YOUR DOG BEYOND THEIR PHYSICAL CAPABILITIES FOR GAMEPLAY PURPOSES. IF YOU HAVE CONCERNS ABOUT YOUR DOG’S HEALTH OR FITNESS FOR EXERCISE, CONSULT A LICENSED VETERINARIAN BEFORE USING THE SERVICE.
Turf Warz is a real-world location-based game. Gameplay takes place in public spaces and requires you to be physically present in the world while using your mobile device. By using the Service, you acknowledge and assume all risks associated with real-world gameplay, including but not limited to risks arising from distraction, unfamiliar environments, adverse weather conditions, uneven terrain, traffic, wildlife, and interactions with other people or animals.
You agree to remain aware of your surroundings at all times while using the Service. You agree not to use the Service in a manner that compromises your safety or the safety of others. Turf Warz is not present during your use of the Service and has no ability to monitor or ensure your physical safety. We strongly encourage you to keep your eyes up, stay alert, and prioritize your safety and your dog’s safety over any gameplay objective at all times.
The Service automatically disables territory marking when GPS detects movement at speeds inconsistent with walking or jogging. This feature is designed to discourage use of the Service while driving or cycling. You acknowledge that this feature is a safety measure only and does not guarantee safe use of the Service. You remain solely responsible for ensuring you use the Service only while on foot and in a safe environment.
The Service excludes certain locations from gameplay including private property, schools, playgrounds, cemeteries, hospitals, and military installations. These exclusions are implemented on a best-efforts basis and may not be complete or perfectly accurate. You are responsible for knowing whether a location is appropriate and lawful for you to access regardless of whether the Service permits gameplay there. The absence of a geofence exclusion is not an invitation to enter any property or location.
Property owners and managers may request exclusion of a specific location from gameplay by contacting us at [email protected]. We will review such requests and implement exclusions at our sole discretion. We are not liable for any harm arising from a location that has not yet been excluded from gameplay.
The Service may display warnings when you are walking in unfamiliar areas or during late hours. These warnings are provided as a courtesy only and do not constitute a guarantee of safety in any location. You are solely responsible for assessing the safety of any walking route you choose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICE IN THE REAL WORLD, INCLUDING ANY INJURY TO YOURSELF, YOUR DOG, OR THIRD PARTIES, AND ANY DAMAGE TO OR LOSS OF PROPERTY. TURF WARZ IS NOT RESPONSIBLE FOR ANY HARM THAT ARISES FROM YOUR PHYSICAL ACTIVITIES IN CONNECTION WITH YOUR USE OF THE SERVICE.
The Service includes walk tracking and activity logging features that record metrics such as distance walked, walk duration, frequency, estimated calories burned, and streak data (collectively, “Fitness Data”). These features are provided for informational and entertainment purposes only.
Fitness Data generated by the Service does not constitute medical advice, veterinary advice, fitness coaching, or any other form of professional guidance. The Service is not a medical device, health monitoring tool, or diagnostic instrument. You should not rely on Fitness Data to make decisions about your health or your dog’s health. Always consult a qualified healthcare provider or licensed veterinarian before beginning any new exercise program or making changes to your or your dog’s activity level.
Fitness Data is estimated based on GPS tracking and other device sensors and may not be accurate. Factors including GPS signal quality, device hardware, environmental conditions, and walk terrain can affect the accuracy of recorded data. Turf Warz makes no representations or warranties about the accuracy, completeness, or reliability of any Fitness Data generated by the Service.
THE FITNESS AND ACTIVITY DATA PROVIDED BY THE SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR VETERINARY ADVICE, DIAGNOSIS, OR TREATMENT. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY SEEKING IT BECAUSE OF ANYTHING YOU HAVE READ OR RECORDED THROUGH THE SERVICE. IF YOU OR YOUR DOG EXPERIENCE ANY PAIN, DISCOMFORT, OR HEALTH CONCERNS DURING OR AFTER A WALK, STOP ACTIVITY IMMEDIATELY AND CONSULT A QUALIFIED PROFESSIONAL.
The Service may from time to time feature challenges, events, promotions, or rewards that are sponsored by or offered in partnership with third-party brands, businesses, or organizations (collectively, “Sponsored Challenges”). Sponsored Challenges may include offers such as distance-based rewards, coupon codes, product samples, or other incentives provided by brand partners.
Sponsored Challenges will be clearly identified as sponsored within the Service. Turf Warz complies with applicable advertising disclosure requirements including those of the Federal Trade Commission. The presence of a Sponsored Challenge does not constitute an endorsement by Turf Warz of the sponsoring brand, its products, or its services.
Sponsored Challenges are offered by independent third parties and are subject to their own terms, conditions, and availability. Turf Warz is not responsible for the fulfillment, quality, accuracy, or availability of any reward, coupon, product, or service offered through a Sponsored Challenge. Any dispute arising from a Sponsored Challenge reward or offer is solely between you and the sponsoring brand. We encourage you to review the terms of any Sponsored Challenge before participating.
Sponsored Challenges are offered at our discretion and may be modified, suspended, or removed at any time without notice. Eligibility for Sponsored Challenge rewards may be subject to geographic restrictions, participation limits, or other conditions specified within the Service. Turf Warz is not liable for any Sponsored Challenge that is modified or discontinued before you are able to claim a reward.
No brand partnership or sponsorship arrangement will ever result in gameplay advantages being made available for purchase or as a sponsored reward. All Sponsored Challenges are cosmetic or lifestyle in nature and will never affect territory scoring, leaderboard standings, or competitive gameplay mechanics.
Purchases made through the Service, including Virtual Goods and the Premium Subscription, are processed through the Apple App Store or Google Play Store depending on your device (each an “App Store”). By making a purchase through the Service, you agree to the payment terms of the applicable App Store. Turf Warz does not directly collect, store, or process your payment information.
All prices for Virtual Goods and the Premium Subscription are displayed within the Service prior to purchase in your local currency. Prices are inclusive of applicable taxes where required by law. Turf Warz reserves the right to change pricing at any time. Price changes will take effect for new purchases and subscription renewals following reasonable notice provided within the Service.
Premium Subscription fees are billed on a recurring monthly or annual basis through your App Store account. Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date. Your App Store account will be charged within 24 hours prior to the end of the current billing period. You can manage and cancel your subscription at any time through your App Store account settings.
If you cancel a monthly Premium Subscription, you will retain access to Premium features through the end of your current billing period. If you cancel an annual Premium Subscription, you are entitled to a prorated refund for the unused portion of your subscription term. To request a prorated refund on an annual subscription contact us at [email protected]. All other purchases are final and non-refundable as described in Section 8.
Your purchase of any item through the Service is subject to the payment terms and conditions of the applicable App Store. Refund requests for in-app purchases other than annual subscription proration are handled by the applicable App Store in accordance with their policies. Turf Warz has no control over and is not responsible for App Store refund decisions. For refund requests please contact Apple or Google directly through your App Store account.
Core gameplay features of the Service are available at no charge. Turf Warz reserves the right to modify which features are available on the free tier at any time with reasonable notice provided within the Service.
Turf Warz reserves the right to suspend or terminate your account and your access to the Service at any time, with or without notice, for any reason or no reason at our sole discretion. Grounds for suspension or termination include but are not limited to:
Upon termination of your account, your right to access and use the Service immediately ceases. All territory claims, leaderboard standings, pack memberships, gameplay achievements, and associated Game State Data linked to your account may be permanently deleted. As described in Section 8, you forfeit access to all Virtual Goods and any active Premium Subscription without refund upon termination for violation of these Terms.
You may delete your account at any time through the account settings within the Service. Upon voluntary deletion your account data will be handled in accordance with our Privacy Policy. Voluntary termination does not entitle you to a refund of any purchases except as described in Section 8 and Section 14.
A suspended account temporarily loses access to the Service. During a suspension, your territory, gameplay data, and purchases are retained but inaccessible. Upon reinstatement of a suspended account, Turf Warz may, at its sole discretion, restore some or all gameplay data and purchases. We are under no obligation to reinstate any suspended account or restore any data or purchases following a suspension.
If you believe your account has been suspended or terminated in error, you may contact us at [email protected] to request a review. We will consider appeals in good faith but are under no obligation to reinstate any account. Our decision on any appeal is final.
The following sections of these Terms survive termination of your account and continue to apply: Section 6 (User Content License), Section 7 (Territory Data and Game State Ownership), Section 10 (Pet Owner Representations and Dog Welfare), Section 11 (Real-World Safety and Assumption of Risk), Section 16 (Disclaimer of Warranties), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 19 (Dispute Resolution and Arbitration), Section 20 (Governing Law), and Section 22 (General Provisions).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, FEATURES, AND FUNCTIONALITY AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TURF WARZ LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, TURF WARZ MAKES NO WARRANTY THAT:
TURF WARZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SAFETY OF ANY WALKING ROUTE, LOCATION, OR REAL-WORLD AREA ASSOCIATED WITH GAMEPLAY. YOUR USE OF THE SERVICE IN THE REAL WORLD IS ENTIRELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THE ABOVE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TURF WARZ LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF TURF WARZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TURF WARZ WILL NOT BE LIABLE FOR:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURF WARZ’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00 USD) OR (B) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO TURF WARZ IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TURF WARZ, AND THAT TURF WARZ WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, TURF WARZ’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TURF WARZ LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO:
You agree to cooperate fully with Turf Warz in the defense of any claim subject to indemnification under this section. Turf Warz reserves the right to assume exclusive control of the defense and settlement of any matter subject to indemnification by you, at your expense. You agree not to settle any such claim without the prior written consent of Turf Warz.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE PROCEDURE DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TURF WARZ WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT.
Before initiating any arbitration or legal proceeding, you and Turf Warz agree to first attempt to resolve any dispute informally. The party seeking to raise a dispute must send written notice to the other party describing the nature of the dispute and the relief sought. You must send such notice to Turf Warz LLC at 11816 Elk Head Range Rd. Littleton, CO 80127 or [email protected]. Turf Warz will send notice to the email address associated with your account. The parties agree to negotiate in good faith for a period of 45 days following receipt of such notice before either party may initiate arbitration. The statute of limitations applicable to any claim is tolled during this 45-day period.
If informal resolution is unsuccessful, you and Turf Warz agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Turf Warz — including disputes about the validity, enforceability, or scope of this arbitration agreement — shall be resolved by final and binding arbitration rather than in court, except as provided below. This agreement to arbitrate applies to all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
The following are excluded from arbitration and may be brought in court:
Arbitration will be administered by the National Arbitration and Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures in effect at the time the claim is filed, available at www.namadr.com. A single neutral arbitrator will be selected in accordance with NAM rules. The arbitration will be conducted in English. The hearing, if any, will be held by videoconference unless either party requests an in-person hearing and the arbitrator agrees, in which case it will be held in Denver, Colorado.
The arbitrator has the authority to award any relief that a court could award on an individual basis, including monetary damages, injunctive relief, and declaratory relief. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Filing fees and arbitration costs will be governed by NAM’s applicable rules. If your claim does not exceed $10,000, Turf Warz will pay all NAM filing and administrative fees. Each party bears its own attorneys’ fees unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award attorneys’ fees to the prevailing party.
YOU AND TURF WARZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM SHALL BE SEVERED FROM ARBITRATION AND PROCEEDED IN COURT, WITH ALL OTHER CLAIMS REMAINING IN ARBITRATION.
If 10 or more substantially similar arbitration demands are filed against Turf Warz by or with the assistance of the same law firm or group of law firms within a 90-day period, NAM shall administer such demands in batches of up to 50 demands per batch, with one arbitrator appointed per batch and one set of filing fees per batch. This provision is intended to promote efficiency and shall not be construed as authorizing class arbitration of any kind.
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to [email protected] within 30 days of first agreeing to these Terms. Your notice must include your name, the email address associated with your account, and an unequivocal statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in full force and effect. Opting out of this arbitration agreement does not affect any other arbitration agreement you may have with Turf Warz.
If Turf Warz makes any material change to this Section 19, we will notify you via in-app notification. You may reject any such change by sending written notice to [email protected] within 30 days of the change becoming effective. Rejection of a change does not affect the enforceability of any prior version of this arbitration agreement.
This arbitration agreement survives termination of your account and these Terms.
These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 19.
To the extent any dispute is not subject to arbitration under Section 19, or if the arbitration agreement is found unenforceable, you and Turf Warz agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Denver, Colorado for the resolution of any such dispute. You and Turf Warz each waive any objection to the laying of venue in such courts and any objection that such courts are an inconvenient forum.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TURF WARZ EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
Turf Warz shall not be liable for any failure or delay in the performance of the Service arising out of or caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, earthquakes, floods, hurricanes, wildfires, pandemics, disease outbreaks, war, terrorism, civil unrest, government orders or regulations, internet or infrastructure outages, power failures, or strikes and labor disputes.
In the event of a force majeure, our obligations under these Terms will be suspended for the duration of the event. We will make reasonable efforts to notify you of any material disruption to the Service caused by a force majeure event and to restore the Service as soon as reasonably practicable. No force majeure event will entitle you to a refund of any fees paid except as required by applicable law.
These Terms, together with our Privacy Policy and Community Guidelines when published, constitute the entire agreement between you and Turf Warz with respect to your use of the Service and supersede all prior and contemporaneous agreements, representations, and understandings between you and Turf Warz relating to the Service.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will continue in full force and effect. The invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
Our failure to enforce any right or provision of these Terms at any time does not constitute a waiver of that right or provision. No waiver of any provision of these Terms will be effective unless made in writing and signed by an authorized representative of Turf Warz.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this provision is null and void. Turf Warz may freely assign or transfer these Terms and its rights and obligations hereunder, including in connection with a merger, acquisition, sale of assets, or operation of law, without restriction and without notice to you.
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Turf Warz. You have no authority to make any statements, representations, or commitments on behalf of Turf Warz.
All notices from Turf Warz to you will be provided via in-app notification or to the email address associated with your account. All notices from you to Turf Warz must be sent in writing to 11816 Elk Head Range Rd. Littleton, CO 80127 or [email protected]. Notices are effective upon receipt.
If you have any questions about these Terms or the Service, please contact us at:
Turf Warz LLC
11816 Elk Head Range Rd. Littleton, CO 80127
Turf Warz respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act. If you believe that any content on the Service infringes your copyright, please send a notice to [email protected] containing the following information: a description of the copyrighted work you claim has been infringed; a description of the material you claim is infringing and its location within the Service; your contact information; a statement that you have a good faith belief that the use is not authorized by the copyright owner; and a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Section headings in these Terms are for convenience only and have no legal or contractual effect.
These Terms are written in English. If these Terms are translated into any other language, the English version will control in the event of any conflict.