Contents:
- TERMS OF USE
- CONTENT AND USE OF CONTENT
- THIRD PARTY CONTENT
- BANNERS, ADVERTISEMENTS, AND/OR PROMOTIONS
- PRIVACY POLICY
- MONITORING
- INDEMNIFICATION
- LINKS TO OTHER SITES AND RESOURCES
- TRADEMARKS
- DISCLAIMER OF WARRANTIES
- LIMITATIONS OF LIABILITY
The Turn Group has the right at any time to change, modify, or discontinue
any aspect or feature of the site, including, without limitation, the content,
hours of availability, and equipment needed for access or use of the site. All
pages within this website and any material made available for download
(collectively, the Site) are the property of The Turn Group a Kansas City,
Missouri Corporation Company doing business as The Turn Group. You are
responsible for obtaining and maintaining all connections, computer hardware and
other equipment needed for access to and use of the website and all charges
related thereto.
This website is subject to all of these Terms of Use, a
legally binding agreement between you and The Turn Group , outlining liability
limitations and disclaimers that apply to The Turn Group in connection with your
use of this website. The terms also address restrictions and warnings on your
use of materials found on the website. By your accessing this website, you
acknowledge you have read, understood, and agree to be bound by these terms and
to comply with all applicable laws and regulations including, but not limited
to, United States copyright law protects the material provided on this website.
Any claim relating to and the use of this website and the materials contained
herein is governed by the laws of the state of Missouri.
The Turn Group
may update, modify, or otherwise change these any terms or conditions applicable
to this website, or any part thereof, or to impose new conditions, including,
without limitation, adding fees and charges for use without prior notice to you.
Any updates, modifications, and/or changes will be fully binding on you from the
time of their posting. The most current version of our Terms of Use on this
website is available at all times. You are urged to review them on a regular
basis. Such changes, which may be given by any means including, without
limitation, posting on the site, or by email or conventional mail, or by any
other means. Any use of the website by you after such notice shall be deemed to
constitute acceptance of such changes, modifications, additions or deletions.
Any changes to the Terms of Use modifications, additions or deletions shall be
effective immediately upon notice thereof, will be binding on you even if you
have not read them or are not otherwise aware of them. Reading these Terms of
Use and keeping apprised of all changes to them is your responsibility.
All content including but not limited to information, text, data, messages,
software, music, sound, photographs, graphics, video, and other information and
materials found on the The Turn Group website ("content") is either The Turn
Group property or that of a third party owner, signified by its trademark
notice. You may not sell, rent, lease, sublease, copy, license, reproduce,
transmit, mirror, modify, distribute, publicly display, publish, adapt, edit,
participate in the transfer or sale, or create derivative works from any
content, whole or in part, without prior written authorization from the owner or
the content's authorized licensee or agent. All copyrighted material, trademarks
and other proprietary information will be respected. You may use the website for
lawful purposes only. You may not post or transmit any material that violates or
infringes in any way upon the rights of others. You may not use the website for
anything that is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable. You
may not encourage conduct that would constitute a criminal offense, gives rise
to civil liability, or otherwise violate any law. Without The Turn Group's
express prior approval, you may not post or transmit through the website any
material that contains advertising or any solicitation with respect to products
or services. You shall not use the website to advertise or perform any
commercial solicitation, including, without limitation, the solicitation of
users to become subscribers of other on-line information services competitive
with the site. Any conduct by you that in The Turn Group's discretion restricts
or inhibits any other user from using or enjoying the website will not be
permitted. You may download one copy of any copyrighted material for your
personal, non-commercial home use only. Unless otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the
express written permission of The Turn Group and the copyright owner. If copying
is permitted, no changes in or deletion of author's attribution, trademark
legend, or copyright notice may be made. You do not acquire any ownership rights
by downloading copyrighted material. You may not upload, post, or otherwise make
available on the website, any material protected by copyright, trademark, or
other proprietary right without the express permission of the owner of that
copyright, trademark, or other proprietary right. The burden of determining that
any material's copyright reposes with you. You shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or any
other harm resulting from such a submission. Submission of material to any
public area of the site, automatically grants or warrant that the owner of such
material expressly grants The Turn Group royalty-free, worldwide, irrevocable,
non-exclusive right and license to use, reproduce, publish, display, translate,
mirror, and/or distribute such material (in whole or in part) and/or to
incorporate it in other works in any form, media or technology now known or
hereafter developed. You, in so doing, permit any other user of the website to
access, view, store or reproduce the material for that user's personal use. You
grant The Turn Group the right to edit, copy, display, publish, and distribute
any material made available on the website by you. These provisions benefit The
Turn Group, partners, and its third party content providers and licensors, who
each have the right to assert and enforce such provisions directly or on its own
behalf. This permission terminates automatically if you breach any terms or
conditions. Upon such termination, you must immediately destroy any downloaded
and printed materials from or related to The Turn Group's website. The materials
on this website are provided with "Restricted Rights." Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
applicable laws and regulations. Use of the materials by the Government
constitutes acknowledgment of 's proprietary rights in them.
The Turn Group distributes (not publishes) content supplied by third parties
and users of the website. Accordingly, has no editorial control over such
content than does a public library, book purveyor, or newspaper distributor. Any
opinions, advice, services, offers, or other information or content available
from third parties, including information providers and users, are those of the
respective author(s) or distributor(s) and not of The Turn Group. The content
available through the website represents the opinions and judgments of the
respective information provider or user. The Turn Group either endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement
made on the website by anyone other than authorized employee or spokespersons
while acting in their official capacities.
The Turn Group reserves the right to post advertisements, banners,
promotions, and similar content throughout the website. Any such postings are
subject to change. Any interactions, correspondence, and/or business dealings in
which you engage with any advertisers and other third parties businesses found
on or via The Turn Group's website or your participation in any of their
promotions or offers, including payment and delivery of related goods or
services and any other terms, conditions, guarantees, warranties, or
representations associated with such interactions, are solely and entirely
between you and the Third Party Businesses. The Turn Group is not and will not
be liable for any harm, loss, or damage of any kind incurred as a result of any
such interactions, correspondence, or business dealings. We at anytime at our
discretion may display our work that we have done for you as advertisement of
our services only.
You have read and agree to all
of the terms and conditions of our Privacy Statement, which is located at:
http://www.theturngroup.com/privacy-policy
The Turn Group reserves the right, but not the obligation, to monitor the
content of the website, to determine compliance with these conditions of use and
any operating rules established by and to satisfy any law, regulation or
authorized government request. The Turn Group has the right at its sole
discretion to edit, refuse to post or remove any material submitted to or posted
on the site. Without limiting the foregoing, has the right to remove any
material that, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless The Turn Group and its
affiliates and their respective directors, officers, employees, and/or agents
from and against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable attorneys' fees) arising
out of your use of the site.
The Turn Group 's website may link to other Internet sites or sources. The
Turn Group may not maintain these other Internet sites or sources or have any
control over them. The Turn Group does not endorse, approve, or sponsor any of
the other Internet sites or sources or their content, advertising, information,
materials, products, services, or other items on or available from them and
disclaims all liability for the availability, accuracy, integrity, performance,
quality, and/or source of the other Internet sources or sites or their
compliance with any law or regulation. The Turn Group is not and shall not be
liable for any harm, loss, or damage of any kind caused or alleged to be caused
by or in connection with your use of or reliance on any non-related or
non-proprietary Internet source or site.
Trademarks,
service marks, and logos used and displayed on this website are registered and unregistered
trademarks of The Turn Group and others. Nothing on this website should be construed
as granting in any way a license or right to use any trademark displayed on the
website, without the written permission of the trademark owner. The Turn Group aggressively
enforces intellectual property rights to the fullest extent of the law. The name
of The Turn Group or the logo may not be used in any way, including in advertising
or publicity pertaining to distribution of materials on this Site, without prior,
written permission. The Turn Group prohibits use of the logo as a "hot" link to
any website unless establishment of such a link is approved in advance by The Turn
Group except as expressly set forth in these Terms of Use, nothing contained on
this Website may be construed as granting any license or right to use any content
or trademark displayed on this website without the prior written consent of its
owner or authorized licensee. All rights are reserved.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE
IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Turn Group
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF EVERY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER
The Turn Group, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. The Turn
Group MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, YOUR USE OF THE
WEBSITE WILL ACHIEVE ANY PARTICULAR RESULT, THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE
(INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY
MATERIALS) WILL MEET YOUR REQUIREMENTS, OR ANY ERRORS IN OUR SOFTWARE WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE
OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY
THIRD PARTY RESOURCES AND THIRD PARTY ITEMS) IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR
COMPUTER SYSTEM AND ANY OTHER PROPERTY ITEM THAT RESULTS FROM ANY SUCH ACTIVITY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Turn
Group OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS OF USE. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A
MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU.
THE TURN GROUP WILL NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR INJURY, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM:
ANY USE OR INABILITY TO USE THE SITE; THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE; OR
ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD
PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTY BUSINESSES. THE
LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR
AGREEMENT TO PROVIDE THE WEBSITE TO YOU. FURTHER, THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT The Turn
Group IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
Exclusions to Limitations: Applicable law may not permit the
exclusion of certain warranties or limitations or exclusions of liability or
incidental or consequential damages. Accordingly, some of the limitations set
forth above may not apply to you. In no event will The Turn Group's total
liability to you for damages, losses, and/or causes of action whether in
contract, tort (including its own negligence) or under any other legal theory
including strict liability exceed the amount paid by you, if any, for accessing
this site.
As a condition to your use
of this website, you represent, warrant, and guarantee that you will use the website
in compliance with these Terms of Use and all-applicable laws and regulations.
These terms of use constitute the entire agreement of the parties with respect to
the subject matter hereof and supersede all previous written or oral agreements
between the parties with respect to such subject matter. These terms of use shall
be construed in accordance with the laws of the State of Missouri. No waiver by
either party of any breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default. The section headings used herein
are for convenience only and shall not be given any legal import.
Copyright © 2004 The Turn Group All Rights Reserved.
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