PRODUCT AND SERVICE AGREEMENT
1. “Customer”: Individual, Legal Entity, or Organization purchasing Products or Services from Provider (defined below) for a cost or for no cost.
2. “Provider”: Turnabot LLC. Also referred to as “we”, “us”, and “our”.
3. “Agreement”: Entire body of this Agreement, included herein.
4. “Products and Services” for the purposes of this agreement refers to any product or service, paid or unpaid, that Provider shall provide to Customer, including, but not limited to, websites, software, hardware, marketing, writing, images, illustration, algorithms, investigation, information, marketing, public relations, education, and training, as well as such products and services as shall be devised and contrived by the Provider, now and in the future.
This Agreement sets forth the terms and conditions between Customer and Provider for sale and use of our Products and Services.
The Products and Services are provided to individuals who are eighteen (18) years of age or older. By completing the registration process and indicating that you have read and agreed to this Agreement, you are stating that you are eligible to receive the Products and Services and that you agree to be bound by all the terms and conditions set forth in this Agreement.
ACCEPTABLE USE POLICY. The Products and Services provided by us are intended for individuals and organizations and are for Customers’ use only. Any unauthorized resale of the Products and Services provided are expressly prohibited. You are responsible for providing us with complete and accurate information during the registration or sales process. You are responsible for abiding by all local, national and international laws and regulations. You agree to be solely responsible for all acts and omissions carried out under your username and password, your name, and your organizational identity, including the content of your transmissions sent through any of the Services. By using the Products and Services, you agree to not engage in any inappropriate, illegal, annoying or harassing activities, which include, but are not limited to, the following:
- Use the Products and Services for the purpose of misleading others, including false identities, scams, cons, spam, or any other categories of misleading, hiding, and/or other means of falsifying or confusing representation.
- Use the Products and Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any other duplicative or unsolicited e-mail messages.
- Interfere with another user’s enjoyment of the Products or Services or other similar Products or Services.
- Collect any information about others without their prior consent.
- Attempt to gain unauthorized access to other services, accounts, computer systems and networks connected to the Service through any means or attempt to circumvent any protections or security systems. This includes hacking, phishing, spear phishing, whaling, or any other activity that uses email or other type of digital presence to mislead or damage others and others’ systems, networks, code, programs, applications, or any other element.
- Publish, distribute, or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene unlawful by applicable law regulations.
- Transmit or upload any materials intended to defame, harass, threaten, abuse, stalk or otherwise harm other individuals or organizations.
- Transmit or upload any harmful materials such as viruses or any other malicious programs, deny service to other individuals and organizations
- Transmit or upload any material that violates intellectual property laws, trademark and copyright laws or rights of privacy unless you own or control or own the rights to the material or have obtained the necessary permission to do so.
- Other violations of law, regulation, or behavior, as defined by applicable statutes, regulations, and our sole judgment.
ABUSE. We do not tolerate abuse of our Products and Services. We reserve the right to terminate any account, which we believe, in our sole discretion, is using the Product or Service to violate any aspect of our ACCEPTABLE USE POLICY. You agree to be held liable for any damages incurred by the abuse of our Products and Service.
FEES. You agree to pay the applicable and agreed-upon fees for the Products and Services as outlined in the Pricing Agreement. All fees are non-refundable, in whole or in part, even if the Products or Services are terminated, suspended or cancelled. Products and Services shall not start or be enabled until payment is received. Progress payments may be required per an individual product or service agreement and product or services may be withheld for non-payment. We reserve the right to return service products, such as a website, to their initial state for non-payment. Product or Service may be canceled or suspended at any time due to non-payment. At our option, we may require that you pay fees through a particular payment method or that you change from one payment provider to another.
LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE PRODUCTS OR SERVICE, (b) USE OF THE PRODUCTS OR SERVICE, (c) INTERRUPTION OF THE PRODUCT OR SERVICE OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PRODUCT OR SERVICE; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD; OR (h) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE SERVICE TO BOTH CUSTOMER AND PROVIDER, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CUSTOMER AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE PROVIDER TO THE CUSTOMER FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES OF ANY NATURE WHATSOEVER, AND/OR CLAIMS EXPENSES FROM ANY CAUSE OR CAUSES, INCLUDING ATTORNEY’S FEES, COSTS, AND EXPERT WITNESS FEES AND COSTS, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE PROVIDER TO THE CUSTOMER SHALL NOT EXCEED THE PROVIDER’S TOTAL FEE FOR THE SERVICE AS RENDERED. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DISCLAIMER OF WARRANTY. We provide the Products and Services on an “as is” basis without any expressed or implied representations, warranties or conditions. We do not guarantee that that the Product or Service is offered in a timely, secure, or error-free manner. To the fullest extent permitted by applicable law, we disclaim all warranties and conditions, express or implied, including but not limited to merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.
INDEMNIFICATION. You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage including reasonable attorney’s fees asserted by any third party due to or arising out of your use of or conduct on the Service.
TERMINATION. We have the authority to terminate all or part of the Service with or without cause at any time. We may terminate your account if you violate any term of this Agreement. If you wish to terminate your account voluntarily, you may do so by written notice. Sufficient notice must be verified as originating from individuals with such authority so as to bind their organization, using methods prescribed by Provider. Upon termination of your account, your right to use that account immediately ceases, and we have no further obligations to maintain the content in your account or to provide you any further services.
PROPRIETARY RIGHTS. All content, including but not limited to text, images, graphics, software, code or other material contained in our web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content made available through the Products and Services and all our related web sites, including all code and software. You agree to adhere to existing copyright, trademark, service mark, patents, and other proprietary rights and laws in your use of the Service and agree not to violate any persons’, corporations’, partnerships’, or other legal entities’ intellectual property or proprietary rights. In the event of termination of service, all tangible and intangible property belonging to us may be reclaimed. This includes digital licenses and intellectual property belonging to provider.
MODIFICATIONS TO TERMS OF SERVICE AGREEMENT. We reserve the right to change or modify this Agreement at any time. In the event of a change or modification to this Agreement, we will notify you by posting an updated version of this Agreement on https://www.turnabot.com/terms-and-conditions/ or associated pages. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes or modifications shall be taken as your acceptance to be bound by the terms and conditions set forth in the modified Agreement.
GOVERNING LAW AND JURISDICTION FOR DISPUTES. With respect to any dispute concerning the Products and Services, this Agreement, your rights and obligations and all actions contemplated by this Agreement, shall be governed by the laws of the United States of America and the State of Georgia, as if the Agreement was a contract wholly entered into and wholly performed within the State of Georgia. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules, using one arbitrator. The place of arbitration shall be Dekalb County, Georgia, United States of America. The language of the arbitration shall be English.
GENERAL. This Agreement, together with all modifications, constitutes the complete and exclusive agreement between Provider and Customer, and supersedes and governs all prior proposals, agreements, or other communications with respect to the Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Provider to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Provider will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.