TERMS AND CONDITIONS & PRIVACY POLICY

SPORT SURFACES TERMS & CONDITIONS

WEBSITE PRIVACY POLICY

The Internet is an amazing tool. It has the power to change the way we live, and we’re starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and services, and communicate with others from around the world. It’s important to Sport Surfaces to help our customers retain their privacy when they take advantage of all the Internet has to offer.

We believe your business is no one else’s. Your privacy is important to you and to us. So we’ll protect the information you share with us. To protect your privacy, Sport Surfaces follows different principles in accordance with worldwide practices for customer privacy and data protection.

  • We won’t sell or give away your name, mail address, phone number, email address or any other information to anyone.
  • We will use state-of-the-art security measures to protect your information from unauthorized users.

NOTICE

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email news letters or join a limited-access premium site. We use your Personal Information for four primary purposes:

  • To make the site easier for you to use by not having to enter information more than once.
  • To help you quickly find software, services or information.
  • To help us create content most relevant to you.
  • To alert you to product upgrades, special offers, updated information and other new services from Sport Surfaces.

 

CONSENT

If you choose not to register or provide personal information, you can still use most of the Sport Surfaces website. But you will not be able to access areas that require registration.

If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from Sport Surfaces.

Sport Surfaces occasionally allows other companies to offer our registered customers information about their products and services, using postal mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.

 

ACCESS

We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Visitor Center. There, you can:

  • View and edit personal information you have already given us.
  • Tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail.
  • Sign up for electronic newsletters about our services and products.
  • Once you register, you won’t need to do it again. Wherever you go on https://sportsurfaces.com/, your information stays with you.

 

SECURITY

Sport Surfaces has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you are utilizing secure server software SSL, which encrypts your personal information before it’s sent over the Internet. SSL is one of the safest encryption technologies available.

In addition, your transactions are guaranteed under the Fair Credit Billing Act. This Act states that your bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold you liable for $50.00 or less, we’ll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Sport Surfaces strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in the United States or any other country where Sport Surfaces, its subsidiaries, affiliates or agents are located.

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your username and password, so do not share these with others.

 

NOTICE TO PARENTS

Parents or guardians: we want to help you guard your children’s privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.

The Sport Surfaces site does not publish content that is targeted to children. However, if you are concerned about your children providing Sport Surfaces any personal information without your consent, Sport Surfaces offers a Kids account. It allows parents to give parental consent for the collection, use and sharing of children’s (ages 12 and under) personal information online.

 

ENFORCEMENT

If for some reason you believe Sport Surfaces has not adhered to these principles, please notify us by email at info@sportsurfaces.com, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

 

ELECTRONIC PRODUCT REGISTRATION

When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you’ve already left with us (we call that information your personal profile). If you haven’t previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can visit the Profile Center, click on Update Profile, and edit any of the Personal Information in your profile. If you haven’t already created a Registration ID, we will ask you to do so. This ensures that only you can access your information.

 

CUSTOMER PROFILES

As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across https://sportsurfaces.com/, allowing you to download free software, order free newsletters, and visit premium sites without having to fill out registration forms with information you’ve already provided. Even if you switch computers, you won’t have to re-register – just use your Registration ID to identify yourself.

 

What we do with the information you share

When you join us, you provide us with your contact information, including your full name and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don’t use this information again without your permission.

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Sport Surfaces will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Sport Surfaces or the site; (b) protect and defend the rights or property of Sport Surfaces and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of Sport Surfaces its Websites, or the public.

Authorization to Proceed & Contract

“Customer” as used herein shall refer to the Homeowner, Community Association, and/or Management Company. Any and all contractual agreements made by the Customer shall be fully binding and cannot be subsequently modified or superseded by reason of a change in Customer Board Members, management company, or its employees, without the written consent of the contractor.

Contractor” refers to Sport Surfaces LLC, their agents, servants, employees, and/or subcontractors. Contractor shall furnish all Supervision, Labor, Specified Materials, and Equipment necessary to complete the agreed upon work for the named property per this proposal. Contractor may substitute any material specified in the proposal as long as it is of equal quality. Customer shall designate one individual to represent the owner(s) in all matters pertaining to the work as it progresses. Any situations or problems which may arise shall be negotiated only between that designated representative and Contractor. When working for an Association, Corporation, or other business entity, Contractor will not negotiate directly with any homeowner, resident, or tenant at any time, under any circumstances. In order to ensure smooth progression of work to be done, Customer claims all responsibility that no interference by unauthorized individuals will occur.

Customer shall grant the contractor permission to work in the subject area(s), and shall be required to prepare all work areas so they are safe, accessible, and acceptable to Contractor. Customer must provide water, electricity, and all necessary hookups at zero cost to the Contractor as Contractor deems necessary to perform the work. The Customer shall be responsible for ensuring that all landscaping, grass, and shrubs outside the surface perimeter are lower than the surface itself so as to aid in proper drainage. The Customer shall keep all irrigation systems off during resurfacing work, and for two days following the completion of work. Damage due to use of any irrigation system will be billed as additional expense to Customer. Note: Irrigation water may have negative effects on the new surface, and should be adjusted to keep water off the court’s surface. Irrigation water will typically stain or discolor court surfaces.

It is understood and agreed by both parties that all work is performed “weather permitting”. Contractor will make every effort to timely notify customer if work is unable to be performed due to weather. In the event the Customer cancels or postpones a scheduled day’s service without providing Contractor at least 48 hours notice, Customer agrees to an additional mobilization fee of $475.00.

If such is required, this proposal does not include the cost of permit fees, engineering, drafting, blueprints, inspection fees, impact fees, or any other fees which may be required from the various agencies or municipalities having jurisdiction. Such fees, if required, are billed as incurred, and any required ancillary fees will be billed in addition to the cost of the actual permit.

Change orders, additions, or extras requested by Customer, Contractor, or municipality will be invoiced as an addition to the base contract and shall not delay payment of the original contract sum.

Contractor shall not be liable for damages which pre-exist before the date of commencement of work to be performed under the contract. To this end, Contractor will inspect each area prior to commencement of work in that area.

Existing damages, if any, will be noted and documented by photographs, and/or written form. Customer understands and agrees that areas of unforeseen damage, delaminated coatings, and/or substrates/surfaces may be evident and disturbed during the operation and agrees to hold harmless the Contractor from any and all liability. This is pursuant to the event that existing coatings, caulking, sealants, substrates, or surfaces shall peel, flake, delaminate, or otherwise affect the newly surfaced area. Furthermore, areas of aesthetic, profile, or texture differences will remain or may become more obvious with the removal of existing coatings, caulking, sealants, or substrates. Absence of a vapor barrier voids any warranty implied or expressed in writing or otherwise.

Contractor’s Note Regarding Crack Treatment: Cracks in a playing surface can be caused by many reasons. However, the most common are surface cracks and structural cracks. Surface cracks are caused by the aging surface material that becomes brittle and causes surface cracks that are generally small in width. The structural type of cracks are caused by sub surface settling, and are generally wider. They extend from the sub base into the aged playing surface caused by sub base settling and aged playing surface which then causes a wider and deeper crack formation. This proposal includes a scope of work designed to treat the cracked areas, however, they may reappear in the same area at any time or form in new areas at any time. When these issues occur, it is not under warranty. If total elimination of cracks is desired, total reconstruction may be required. Please speak to your Sport Surface LLC licensed and certified professional to discuss this option.

Contractor shall require a staging area for equipment and materials to be stored on site, and the Customer will make every effort to provide such an area. At the end of each workday, all equipment, supplies, vehicles, etc. shall be returned to that area and the actual working area left clean to the maximum extent possible. Protection of this storage area is the sole responsibility of the Contractor, and shall be undertaken in a clean, safe, orderly, and acceptable manner. This Contractor is not responsible for trafficking, paint tracking, or damage to contracted surfaces due to persons trespassing in designated work areas.

Contractor shall be solely responsible for the repair or replacement of any damage caused by its employees or by the materials used to perform the work contracted. Contractor has the first right of repairing or replacing a damaged area caused by the Contractor’s employee. Customer agrees to provide Contractor with notice of the discovery of any damaged areas within 24 hours. If Contractor assumes responsibility for such damages, Contractor reserves the right to make its own repairs or to hire an appropriate other contractor to do so. Damage caused by contact with irrigation, electrical, and utilities are to be repaired by the Customer at their sole expense. Contractor is not responsible for damage to underground utilities, i.e. water, sewer, irrigation, electrical, any landscaping, or sod. This Contractor makes no warranty that after the work is completed, all standing water will be eliminated. Customer understands and agrees that small depressions and standing water may still occur in any area of the court surface(s).

All work is to be performed in a professional capacity by skilled and supervised persons, and carried out in such a manner as to minimize any inconvenience to the Customer. Contractor shall determine the size of the work force, including a qualified Foreman on the job at all times, as may be necessary for the means, methods and ongoing operations. Contractor shall continuously and expeditiously proceed with the contracted work until completion, weather permitting. Regular working hours are Monday through Saturday from 7:30 am to 7:00 pm. Contractor shall be responsible for safety administration on the job, and shall be in compliance with all pertinent safety regulations. Upon request, this Contractor will provide the Customer current certificates of insurance and licenses.

The Contractor shall thoroughly and expediently clean up all debris, materials, drums, trash, etc., upon job completion. Clean up will be conducted on site, and a wash down area is required to rinse squeegees, brooms, and containers. Contractor will do its utmost to protect the surrounding areas, however, Contractor is not responsible for any paint residue that may remain in any wash out areas.

If a dispute arises over any aspect of this contract, prior to the commencement of any civil litigation, Customer agrees to participate in one session of mediation to attempt to resolve such dispute. The cost of the mediation shall be borne 50-50 between Contractor and Customer. The provision SHALL NOT be binding upon Contractor if the matter pertains to the collection of any unpaid invoice(s). Should any of the provisions of this Agreement be found void for any reason, only such void portions shall be unenforceable; and the remaining conditions or portions thereof shall remain in full force and effect. Venue for any litigation that may arise shall be Palm Beach County, State of Florida.

If it becomes necessary to for the Contractor to hire an attorney to enforce any provision of the contract, including the collection of unpaid invoices, the Contractor shall be entitled to recover from Customer all its court costs and reasonable attorney’s fees incurred prior to suit, including litigation, appeal, bankruptcy, and/or administrative proceedings.

LIMITATION OF LIABILITY

Whether attributable to contract, warranty, tort (including negligence), strict liability, or otherwise, Contractor’s responsibility for any claims, damages, losses, or liabilities arising out of or related to its performance of this contract, including but not limited to any correction of defects under the warranty, shall not exceed the cost to correct. In no event shall Contractor be liable for any special, indirect, incidental, consequential, or punitive damages of any character, including but not limited to: Damages claimed for loss of use of productive facilities or equipment, lost profits, governmental fines or penalties, lost production, nonoperational or increased expense of operation. This is irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, strict liability or otherwise specified.

This Contractor disposes of all waste material in a suitable fashion to include recycling. There will be a $65.00 disposal fee added to the final invoice for proper disposal of all waste material. Customer agrees to an additional fuel surcharge of $35.00 to be added to the final invoice for any job farther than 15 miles from the Contractor’s warehouse location of 7011 Wilson Rd. West Palm Beach, FL 33413

The court area(s) will be closed during the work in progress, and will remain closed until the work is complete. It is the Customer’s responsibility to have all irrigation turned off, have no landscaping done while work is in progress within 50 feet of the court surface, and to allow no foot traffic other than Contractor in the work areas while the courts are closed during the work period, and 48 hours thereafter. Any damage caused by such intrusions will result in an additional charge to repair the work area solely at the Customer’s expense. It is the Customer’s responsibility to ensure that there is access to the work area and an appropriate power & water source has been identified within 100 feet of the court area(s).

By evidence of my signature I affirm that I have read this contract carefully before signing and having done so, fully agree to be bound by its Terms and Conditions.

Contract Termination:

A sale for future services can be cancelled by the buyer by notifying Sport Surfaces LLC within three business days from the date the buyer signed the contract. … A written notice sent by mail must be postmarked by no later than midnight of the third business day after the contract date and mailed to 7011 Wilson Rd. West Palm Beach, FL 33413

Customers Responsibilities

The court area(s) will be closed during the work in progress and will remain closed until the work is complete. It is the Customer’s responsibility to have all irrigation turned off, have no landscaping done while work is in progress within 50 feet of the court surface, and no foot traffic other than Contractor in the work areas while the courts are closed during the work period, and 48 hours thereafter. Any damage caused by these intrusions will incur additional charges to repair the damaged work area solely at the Customer’s expense. It is the Customer’s responsibility to ensure that there is access to the work area and an appropriate power & water source has been identified within 100 feet of the court area(s). Please see our Terms and Conditions for further information regarding site conditions.

Disputes.

Notwithstanding any provision contained in any Contract Documents requiring arbitration, both parties agree that any specific dispute under this contract with a claim less than $150,000.00 shall be submitted to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, upon Contractor’s election. Each dispute which is submitted to arbitration shall be heard before the American Arbitration Association in the State, which shall be in West Palm Beach, Florida. In the case of projects located in Florida or states served by the West Palm Beach office of the American Arbitration Association, the Contractor and Subcontractor are permitted to agree on some other location. All disputes (single or aggregate) which exceed $250,000.00, or where injunctive relief is sought, shall be decided by a court of competent jurisdiction and trial by jury is expressly waived. The parties agree, upon Contractor’s written demand, to become a party to, and be bound by any arbitration proceeding involving the Contractor, the Architect, or the Customer to the extent that such proceedings involve any of the rights or obligations of the parties under this contract. Parties agree to attempt in good faith to resolve any dispute arising out of or relating to this contract by non-binding mediation with a mediator mutually agreed to by both parties. Mediation shall be initiated by a written request from either party to the other specifying the dispute(s) to be mediated. Such mediation shall be a condition preceeding the commencement of litigation or arbitration, unless delay would irrevocably prejudice either party in which event the litigation or arbitration, as the case may be, may be commenced but shall be stayed pending mediation under this provision. If the dispute has not been resolved pursuant to the mediation procedure within 30 days of the commencement of such procedure, which shall mean the first joint session with the mediator, the dispute shall be determined in accordance with the provisions of the first paragraph of Paragraph 8.16. The fees and expenses of the mediator shall be borne equally by both parties.

Privacy Policy:

Sport Surfaces LLC believes strongly in protecting the privacy of your data and the personally identifiable information you share with us, with respect to the permission you give us to use that information. This Privacy Policy notifies you of our privacy practices, and describes how we will use your information, and describes the choices you have concerning how your information is collected and used. This will make it easier for you to:

Request information from the Sport Surfaces LLC specific to your interests;

Receive personalized messages to your specific questions;

Save time by storing your preferences;

Utilize web site-based services; and

Allow us to conduct market research to help us improve our products, our services and our web sites.

We will only collect, use, or share your personally identifiable information if you give us permission to do so. Financial information provided by you is used solely to transact payments as you arrange through the use of Services provided by a particular web site. For example, by arranging a rental payment, completing your application form, sending us email, or utilizing other services that may be available through a particular website, you are giving us permission to use and share your non-financial information. You should know that your application form, sending us email, or other utilization of website services gives Sport Surfaces LLC permission to transfer your personally identifiable information amongst the Sport Surfaces LLC company to fulfill your requirement. However, we will not share any information you provide with other non-affiliated companies.

We use commercially reasonable means to minimize the risk of unauthorized disclosures of your data and personally identifiable information, including restricting access to your data, and personally identifiable information to those employees who need to know that information to provide and fulfill services to you. We maintain appropriate physical, electronic, procedural, and managerial safeguards to help prevent unauthorized access to the information. We may disclose information as required by law.

In general, you can visit the Sport Surfaces LLC websites without telling us who you are or revealing any information about yourself. Our web servers collect domain email addresses of visitors. This information is aggregated to measure the average time spent on the site and pages viewed. Sport Surfaces LLC uses this information to see the use of our websites and improve the content of our websites.

If you would like to contact us for any reason regarding our Privacy Policy, you may do so via the “Contact” page on this website or by mailing to:

Sport Surfaces LLC

7011 Wilson Rd.

West Palm Beach, FL 33413
We reserve the right to change this policy at any time by posting a new Privacy Policy as well as a terms and conditions policy. We advise our customer to check for updates.

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