Terms and Conditions
Terms and Conditions for PerformanceFooting.com
Effective Date: 04-01-26
These Terms and Conditions ("Terms") govern your access to and use of PerformanceFooting.com and any related pages, services, features, content, quotes, forms, and purchases made through the website (collectively, the "Site"). The Site is owned and operated by Performance Footing ("Performance Footing," "we," "us," or "our").
By accessing or using the Site, submitting information through the Site, requesting a quote, placing an order, or purchasing products or services through the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.
1. Eligibility and Permitted Use
You may use the Site only if you are at least 18 years old and legally capable of entering into a binding agreement. If you use the Site on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity to these Terms.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site.
2. Products, Services, Quotes, and Orders
Performance Footing may offer products, materials, accessories, consulting, recommendations, freight coordination, and related services through the Site.
All product listings, descriptions, photos, specifications, availability information, lead times, freight estimates, and pricing are subject to change at any time without notice. We reserve the right to correct clerical, pricing, typographical, inventory, freight, calculation, or technical errors.
Any quote, estimate, proposal, or order acknowledgment provided through the Site, by email, or otherwise is non-binding until accepted by us in writing. We reserve the right to refuse, limit, cancel, or modify any order for any reason, including suspected fraud, pricing error, product unavailability, freight issues, or suspected misuse.
A submitted order does not guarantee acceptance. Your order is accepted only when we confirm acceptance or ship the applicable products, whichever occurs first.
3. Pricing, Payment, Taxes, and Change Orders
Prices shown on the Site are in U.S. dollars unless otherwise stated. Pricing may exclude shipping, freight, delivery surcharges, taxes, installation, site preparation, equipment, permits, and other project-specific costs unless expressly included.
You agree to pay all charges associated with your order, including applicable taxes, freight, handling, storage, re-delivery fees, and other disclosed charges. If a project involves installation, custom quantities, special-order materials, or field conditions that differ from the assumptions used in the quote, additional charges may apply through a written change order or updated invoice.
Quoted pricing may expire if not accepted by the date stated in the quote. If no expiration date is stated, the quote expires 15 calendar days after issuance.
4. Shipping, Delivery, Risk of Loss, and Inspection
Shipping and delivery dates are estimates only unless expressly guaranteed in writing. Delays may occur due to supply chain conditions, carrier availability, weather, site access issues, customer scheduling, or events outside our control.
Risk of loss and title for physical goods pass to you upon delivery to the carrier, jobsite, or delivery location, unless otherwise stated in writing.
You are responsible for inspecting all products promptly upon delivery. Any visible damage, shortages, or nonconforming goods must be noted on the delivery receipt and reported to us in writing within 5 business days of delivery. Failure to provide timely notice may constitute acceptance of the shipment.
5. Site Conditions, Installation, and Customer Responsibilities
If you purchase products for installation at a property, you are solely responsible for confirming that the site is suitable for the intended use, including drainage, subgrade, grade, access, dimensions, utilities, permitting, compaction, weather conditions, and maintenance capability.
Any recommendations we provide through the Site, by email, by phone, or otherwise are based on limited information and are general in nature unless expressly stated as part of a separate written consulting or installation agreement.
Performance results may vary depending on climate, maintenance, horse traffic, vehicle traffic, usage patterns, sub-base conditions, installation quality, water management, and other variables outside our control.
6. Returns, Cancellations, and Refunds
Because many products may be heavy, special-order, custom, bulk, or freight-sensitive, all sales are final unless otherwise stated in writing.
If we approve a return, the return must comply with our return instructions and may be subject to restocking fees, return freight charges, original outbound freight charges, handling charges, and inspection requirements. Custom, opened, used, installed, damaged, or non-resalable items are not eligible for return.
Orders for custom materials, special-order products, or scheduled services may not be canceled once processing, production, procurement, or scheduling has begun.
7. Warranty Disclaimer; Manufacturer Warranties
Unless expressly stated in a separate written warranty signed by Performance Footing, all products, services, recommendations, content, and materials are provided on an "as is" and "as available" basis.
To the fullest extent permitted by law, Performance Footing disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, and any warranties arising from course of dealing or usage of trade.
Any manufacturer warranty, if available, is provided solely by the applicable manufacturer and not by Performance Footing unless we expressly state otherwise in writing.
8. No Professional, Engineering, or Legal Advice
Content on the Site is provided for general informational purposes only. It is not engineering advice, legal advice, geotechnical advice, environmental advice, veterinary advice, or professional design guidance. You are responsible for obtaining professional review where appropriate for your project.
9. Intellectual Property
All content on the Site, including text, images, graphics, logos, product names, videos, downloads, page layouts, designs, source code, and compilations, is owned by or licensed to Performance Footing and is protected by applicable intellectual property laws.
You may view, print, or download limited portions of the Site solely for your personal or internal business use in connection with evaluating our products or services. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, scrape, frame, reverse engineer, or exploit any content from the Site without our prior written consent.
10. User Submissions
If you submit reviews, comments, photos, videos, testimonials, project details, suggestions, questions, feedback, or other materials to us through the Site, email, text, social media, or otherwise (collectively, "Submissions"), you grant Performance Footing a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, publish, display, adapt, distribute, and create derivative works from those Submissions for business, marketing, promotional, training, customer service, and operational purposes.
You represent and warrant that you own or control all rights in your Submissions and that your Submissions do not violate any law or infringe any third-party rights.
11. Prohibited Conduct
You agree not to:
use the Site for any unlawful, fraudulent, or misleading purpose;
attempt to gain unauthorized access to the Site, servers, accounts, or networks;
introduce malware, viruses, bots, ransomware, or harmful code;
interfere with the security or operation of the Site;
scrape, harvest, copy, or systematically extract data from the Site;
impersonate any person or misrepresent your affiliation;
submit false project, payment, or contact information;
use the Site to defame, harass, threaten, abuse, or violate the rights of others.
We may suspend or terminate access to the Site for any violation of these Terms.
12. Third-Party Links and Services
The Site may contain links to third-party websites, software, tools, maps, payment processors, shipping providers, installers, manufacturers, financing providers, or social media services. We do not control and are not responsible for third-party content, products, services, policies, or practices. Your use of third-party services is at your own risk and subject to their terms and policies.
13. SMS, Email, and Communications
If you provide your phone number or email address to us, you consent to receive communications from us related to quotes, orders, deliveries, customer service, account matters, and marketing, subject to applicable law and your opt-out rights.
Message and data rates may apply to text messages. Consent to receive marketing texts is not a condition of purchase. You may opt out of marketing emails or texts using the method described in the communication or by contacting us.
14. Accounts and Information Accuracy
If the Site allows you to create an account or submit order information, you agree to provide current, complete, and accurate information and to update it as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
15. Disclaimer of Performance Claims
Any examples, case studies, testimonials, product comparisons, performance descriptions, dust reduction statements, drainage outcomes, longevity estimates, maintenance savings, or similar statements on the Site are illustrative only. Actual outcomes vary by project and are not guarantees.
16. Limitation of Liability
To the fullest extent permitted by law, Performance Footing and its owners, officers, managers, employees, contractors, affiliates, suppliers, licensors, service providers, and agents shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, business, opportunity, goodwill, use, or data, arising out of or related to the Site, any quote, any order, any product, any service, any delay, or these Terms, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the total cumulative liability of Performance Footing for any claim arising out of or relating to the Site, any product, any service, or these Terms shall not exceed the greater of: (a) the amount you paid to Performance Footing for the specific product or service giving rise to the claim during the 3 months preceding the event giving rise to the claim, or (b) $100.
Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Performance Footing and its owners, officers, managers, employees, contractors, affiliates, suppliers, licensors, service providers, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your misuse of the Site, your breach of these Terms, your violation of law, your infringement of any rights, or your project, installation, property, or end use of any products.
18. Force Majeure
Performance Footing shall not be liable for any failure or delay caused by events beyond its reasonable control, including acts of God, weather events, flooding, wildfire, labor shortages, strikes, transportation disruptions, supplier delays, raw material shortages, governmental actions, utility failures, cyber incidents, epidemics, pandemics, or carrier delays.
19. Governing Law, Venue, and Dispute Resolution
These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws rules.
Any dispute arising out of or relating to these Terms, the Site, any quote, any order, or any transaction with Performance Footing shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to the personal jurisdiction and venue of those courts.
20. Changes to These Terms
We may update these Terms at any time by posting the revised version on the Site. The updated Terms become effective upon posting unless a later effective date is stated. Your continued use of the Site after updated Terms are posted constitutes your acceptance of the revised Terms.
21. Termination
We may suspend, restrict, or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms.
22. Severability
If any provision of these Terms is held unlawful, void, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
23. No Waiver
No waiver by Performance Footing of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision.
24. Entire Agreement
These Terms, together with our Privacy Policy and any written quote, invoice, proposal, or separate agreement expressly incorporated by reference, constitute the entire agreement between you and Performance Footing regarding the Site and supersede all prior or contemporaneous understandings relating to the Site.
25. Contact Information
If you have questions about these Terms, please contact:
Performance Footing
PO Box 4065 Scottsdale AZ 85261