Terms & Conditions

Conditions Of Using Our Website

This website promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.

A wide range of intellectual property rights are used in and relating to this website, including: our the trademarks and logos; the design, text, graphics, and other content of the web pages on this website, together with all the web addresses associated with those web pages; and all the software used in relation to this website.

We are the owner or the authorized licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.

About These Conditions

If you access or use any part of this website you agree to these conditions. If you do not want to agree to these conditions, do not access or use this website.

We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.

Using this website

We collect and use information in line with our Privacy Policy. By using this website, you agree to the way in which we collect and use your information.

• You cannot use this website:
  for any unlawful purpose;
• to send spam;
• to harm, threaten, abuse, or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers, or suppliers;
• to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
• to tamper with, update or change any part of the website; in a way that affects how it is run; in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.

If You Provide Content For This Website

If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video)) (each “User Content”) you agree to grant us permission, irrevocably and free of charge, to use User Content (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research, and promotional activities and our internal business purposes which may include providing the User Content to selected third-party partners, service providers, social media and networking sites.

You own your User Content at all times, and you continue to have the right to use it in any way you choose.

By providing any User Content to the Website you confirm that your User Content:

• is your own original work or you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms;
• will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offense or bring us or our business partners into disrepute; does not take away or affect any other person’s privacy rights, contract rights, or any other rights;
• does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website;
• will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;
• will not contain any form of mass-mailing or spam.

If you do not want to grant us the permissions set out above, please do not provide any material to the Website.

We have no obligation to publish your User Content on the Website and we retain the right to remove any User Content at any time and for any reason.

We do not edit, pre-vet, or review any User Content displayed on the Website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

Disclaimers

• You use the website at your own risk.
• You should not rely on the website for advice.
• As far as the relevant laws allow, we do not guarantee that:
  – there will be no problems with how you use the website; or the computer or server you use to log on to the website is free of viruses or other harmful programs.

Limits To Our Liability

• Under no circumstances will we, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organization involved in creating, producing, maintaining or distributing the website be liable for any loss of:
  profits;
• business or business opportunities;
• savings you expect to make;
• goodwill;
• use of, or corruption to information; or information.

If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements, or liability for a product or otherwise as a result of:
using or relying on the website;
– not being able to use the website;
– any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
– theft, destruction of information, or someone getting access to our records, programs, or services without our permission;
– goods, products, services, or information received through or advertised on any website which we link to from this website; or any information, data, message, or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.

The Whole Agreement

These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

The Law

We are a company based in the United States: The laws of the state of Iowa (without reference to its conflict of laws principles) apply to your use of the website and these conditions. We control the website from within the United States. However, you can get access to the website from other places around the world. Although these places may have different laws from the laws of the state of Iowa, by using the website you agree that the laws of the state of Iowa will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country and/or state that you live in.

SMS Terms And Conditions

Effective Date: 3-31-25

Introduction

By opting into the SMS program provided by Bush Sports Turf, you agree to receive recurring text messages to the phone number you provided. These messages may include promotional offers, updates, and alerts related to our products and services. By participating, you agree to these Terms and Conditions, which comply with the Telephone Consumer Protection Act (TCPA) and the FCC’s 2024 guidelines.

Opt-In Consent

In accordance with the 2024 TCPA guidelines, your participation in our SMS service requires explicit one-to-one consent. This means that by opting in, you consent to receive messages from Bush Sports Turf only. Consent cannot be shared with other companies or third-party entities without your direct approval.

To join our SMS program, you may opt in through:

• Web Form: By checking a clearly labeled box during the opt-in process.
• Verbal or In-Person Consent: In certain cases, if allowed, your verbal consent can be
  captured and documented.

By opting in, you acknowledge that your consent to receive SMS messages is not a condition of any purchase. You may receive promotional or informational messages as specified at the time of
opt-in.

Message Frequency

The number of messages you receive will vary based on your preferences and continued interaction with our services, but you will receive no more than 3 initial messages per week. Message and data rates may apply depending on your mobile carrier and plan.

Opt-Out Process

You can opt out of receiving SMS messages from Bush Sports Turf at any time by replying with the word “STOP” to any text message you receive from us. Once you opt out, you will not receive any further messages unless you choose to opt back in. For assistance, you can reply “HELP” for further instructions or contact our support team directly at contact@bushturf.com.

Terms of Consent

By opting into this SMS program, you agree to receive SMS messages from Bush Sports Turf in compliance with the TCPA and the FCC’s 2024 guidelines. All messages will be logically and topically related to your interaction with our services and products.

Your consent is specific to Bush Sports Turf, and it does not extend to third-party
businesses or affiliates unless explicitly stated at the time of opt-in, as mandated by the FCC’s
one-to-one consent rule introduced in 2024.

Privacy Policy

We take your privacy seriously. By opting into our SMS services, you agree to our Privacy Policy https://bushturf.com/privacy-policy/, which explains how we collect, use, and protect your personal information. Your phone number and interaction data will only be used for the purposes of delivering the SMS
messages outlined in this agreement.

Message and Data Rates

Message and data rates may apply, depending on your mobile service provider and plan.
Bush Sports Turf is not responsible for any fees charged by your carrier for receiving or sending messages related to our service.

Record-Keeping and Compliance

We maintain detailed records of when and how you provided consent to receive SMS messages.
This includes storing opt-in and opt-out dates and timestamps. These records are maintained in compliance with TCPA regulations and may be used to demonstrate proof of consent if required.

Changes to Terms and Conditions

Bush Sports Turf reserves the right to modify or change these Terms and Conditions at any time. Any significant updates will be communicated via SMS or through our website. By continuing to use our SMS services after any changes, you agree to the revised Terms and Conditions.

Disclaimers and Liability Limitations

Bush Sports Turf is not responsible for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission from your mobile carrier and network provider. We cannot guarantee that SMS services will always be available in all areas.

Key 2024 Compliance Elements:

• One-to-One Consent: Reflects the 2024 FCC regulation that requires explicit consent for messages from a single seller, preventing bundled consents for multiple parties
• Clear Disclosures: The template clearly outlines message frequency, data rates, opt-out mechanisms, and consent specifics as required by the TCPA
• Opt-Out Mechanisms: Clear opt-out instructions are provided, with immediate processing of opt-out requests, as required under current guidelines

This updated Terms and Conditions template complies with the 2024 TCPA and FCC guidelines, ensuring that your SMS marketing practices are transparent, compliant, and user-friendly.

Effective date: May 14, 2026

Bush Sport Turf and its subsidiaries and affiliates (collectively, “Bush Sports Turf”, “us” or “we”) understand that your privacy is important to you and are committed to being transparent about the technologies it uses. This Cookie Policy explains how and why cookies, web beacons, pixels, clear gifs, and other similar technologies (collectively “Cookies and Other Tracking Technologies”) may be stored on and accessed from your device when you use or visit any website or app that posts a link to this Policy (collectively, “the Sites”). This Cookie Policy should be read together with our Privacy Policy and our Terms & Conditions.

What are Cookies and Other Tracking Technologies?

A cookie is a small text file that can be stored on and accessed from your device when you visit one of our Sites, to the extent you agree. The other tracking technologies work similarly to cookies and place small data files on your devices or monitor your website activity to enable us to collect information about how you use our Sites. This allows our sites to recognize your device from those of other service providers to track and analyze statistical usage and volume information from our Site users. These third-party service providers use persistent Cookies to help us to improve the user experience, manage our site content, and analyze how users navigate and utilize the Sites.

First and Third Party Cookies

“First party Cookies” are cookies that belong to Bush Sport Turf and that Bush Sport Turf places on your device. “Third-party Cookies” are cookies that another party places on your device through our Site. Bush Sport Turf may contract with third-party service providers to send e-mails to users who have provided us with their contact information. To help measure and improve the effectiveness of our e-mail communications, and/or to determine whether messages have been opened and links clicked on, the third-party service providers may place Cookies on the devices of these users. For more information on how these companies collect and use the information on our behalf, please refer to their privacy policies as indicated below. Depending on the Site, we use the following types of cookies:

Persistent Cookies

We use persistent Cookies to improve your experience of using the Sites. This includes recording your acceptance of our Cookie Policy to remove the cookie message that first appears when you use the Sites.

Session Cookies

Session Cookies are temporary and deleted from your machine when your web browser closes. We use session cookies to help us track internet usage as described above. You may refuse to accept browser Cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites. The data collected by the Sites and/or through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfill the purposes mentioned above. In any event, such information will not be kept for longer than one year. Our Cookies are used for the following purposes:

How do I refuse or withdraw my consent to the use of Cookies?

If you do not want cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject the setting of all or some cookies and to alert you when a cookie is placed on your device. For further information about how to do so, please refer to your browser ‘help’ / ‘tool’ or ‘edit’ section or see www.allaboutcookies.org. Please note that if you use your browser settings to block all cookies (including strictly necessary Cookies) you may not be able to access or use all or parts or functionalities of our Sites. If you want to remove previously-stored cookies, you can manually delete the cookies at any time. However, this will not prevent the sites from placing further cookies on your device unless and until you adjust your Internet browser setting as described above. For more information on the development of user profiles and the use of targeting/advertising Cookies, please see www.youronlinechoices.eu if you are located in Europe or www.aboutads.info/choices if in the United States.

How do we use Other Tracking Technologies in our communications?

Bush Sport Turf may collect information about whether you open or click any links in the knowledge, research, or event communications that we send to you through web beacons. A web beacon is a graphic image, which is placed on a website or in an email that alone or in conjunction with cookies compiles information about your usage of or your interaction with Bush Sport Turf website or email. For example, we may add web beacons to the knowledge, research, or event communications that we send to you to determine whether you have opened our email or clicked a link. The analysis gathered helps us improve the effectiveness of the content and format of our websites and email communications.

How do I refuse or withdraw my consent to the use of Web Beacons?

You may avoid web beacons by configuring your email reader program to disable the functionality that enables remote images to load and by refraining from clicking on any links in email messages. Contact us if you have any other questions about our Cookie Policy, please contact us at contact@bushsportsturf.com