The Turn Group Legal Terms and Policies
Legal Policies Agreement: By accessing, browsing, or utilizing the website of The Turn Group, located at www.theturngroup.com and its subdomains ("Website"), you unconditionally and irrevocably agree to be bound by all terms, conditions, and policies of The Turn Group, including but not limited to the Service Level Agreement, Terms of Website Use, Privacy Policy, Refund Policy, Billing Policy, Hosting Policy, Cookie Policy, Referral Policy, Social Media Policy, Copyright Policy, Backup Policy, and any operational policies, as may be amended from time to time (collectively, "Policies"). Additionally, any client who has engaged or is currently engaging with any services provided by The Turn Group, including but not limited to website design, development, consulting, or hosting, is automatically and irrevocably bound by these Policies, irrespective of separate contractual arrangements. Such access or engagement constitutes a clear, affirmative, and legally enforceable manifestation of assent to these Policies in their entirety, effective immediately upon initial interaction with the Website or commencement of service engagement, without exception, reservation, or requirement of further notice. You acknowledge that conspicuous links to these Policies are provided on the Website, affording reasonable opportunity to review, and your continued use or service engagement signifies ongoing acceptance of all current and future modifications.
Governing Law and Exclusive Jurisdiction: This agreement is governed exclusively by the laws of the State of Missouri, without regard to conflict of law principles. You waive any defense or claim contesting enforceability, including lack of notice, absence of express consent, or unilateral amendment, as such rights are expressly surrendered herein. The Turn Group reserves the absolute right to enforce these Policies against any user or client, and any dispute arising hereunder shall be resolved solely in the state or federal courts of Clay County, Missouri, to whose jurisdiction you irrevocably submit. If you do not consent to all terms and conditions herein, you are prohibited from accessing or using the Website or engaging with our services and must cease interaction immediately. These Policies govern all future engagements and supersede any contradictory terms unless expressly agreed otherwise in writing.
Force Majeure: The Turn Group shall not be liable for delays or failures in performance due to events beyond our reasonable control, including but not limited to natural disasters, cyberattacks, pandemics, governmental actions, power outages, or third-party service disruptions. In such events, performance timelines may be extended as reasonably necessary, and The Turn Group is excused from any resulting non-performance without penalty.
Dispute Resolution: All disputes arising under these Policies shall first be addressed through good-faith negotiation between the parties within 30 days of written notice. Unresolved disputes shall proceed to binding arbitration under the rules of the American Arbitration Association (AAA) in Missouri. Each party shall select one arbitrator if no mutual choice is made within 14 days; the two arbitrators shall then select a third. The arbitrator may award costs and reasonable attorney’s fees as deemed appropriate, and arbitral awards are final and enforceable in Missouri courts. By accessing our Website, engaging our services, or submitting payment via credit card, you irrevocably waive all rights to initiate chargebacks under any circumstance. You acknowledge that arbitration, as outlined herein, is the sole and exclusive remedy for resolving disputes with The Turn Group. Initiating a chargeback constitutes a material breach of this agreement, causing The Turn Group irreparable harm, including potential loss of merchant processing services, financial instability, and operational disruption. You agree that The Turn Group may recover liquidated damages for such breaches, including but not limited to officer time billed at $150 per hour, all attorney fees, court costs, and any expenses incurred due to the loss or impairment of credit card processing privileges company-wide. Violations of this chargeback prohibition may result in The Turn Group pursuing legal action against you for all damages sustained, and you shall be liable for all prosecution costs, including reasonable officer and legal fees. This waiver is a fundamental condition of service acceptance and payment authorization, conspicuously agreed to by your continued use or payment submission.
Limitation of Liability: Except as expressly provided in these Policies, The Turn Group’s liability for any claims, whether for breach of warranty, negligence, or otherwise, shall be limited to the total amount paid by you to The Turn Group under the specific service engagement giving rise to the claim. You expressly waive any claim for indirect, incidental, special, or consequential damages, including lost profits or data, even if advised of such possibility, except in cases of The Turn Group’s gross negligence or willful misconduct.
Out-of-State Litigation Prohibition and Cost Recovery: You agree that any legal action or proceeding arising from or related to these Policies or The Turn Group’s services shall be brought exclusively in the state or federal courts of Clay County, Missouri. Initiating a lawsuit in any other jurisdiction constitutes a material breach of this agreement. Should you file such an action outside Clay County, Missouri, you shall be liable for all costs incurred by The Turn Group in responding to or defending against it, including but not limited to travel expenses, executive time billed at $150 per hour for officers, directors, employees, owners, partners, investors, and contractors, attorney fees, court costs, and any damages awarded or settlements paid. This provision ensures that The Turn Group’s resources are not unjustly burdened by your failure to adhere to the agreed jurisdiction.
Officer and Contractor Indemnity and Personal Liability Waiver: The Turn Group is a Missouri limited liability company (LLC), and all services are provided through the entity, not as personal obligations of its officers, directors, employees, owners, partners, investors, or contractors (collectively, “TTG Personnel”). You irrevocably waive any right to name TTG Personnel in any lawsuit, claim, or proceeding related to these Policies or services, agreeing that liability rests solely with The Turn Group LLC, absent proven fraud or willful misconduct by an individual. You shall indemnify and hold harmless TTG Personnel from any claims, damages, or expenses (including legal fees) arising from attempts to impose personal liability. Any such attempt is a breach of this agreement, entitling The Turn Group to recover damages, including TTG Personnel time at $150 per hour, attorney fees, and prosecution costs. This waiver protects the corporate veil and ensures TTG Personnel are not personally targeted.
Frivolous Claims Penalty: You agree not to initiate baseless or frivolous claims against The Turn Group or TTG Personnel. Should a court or arbitrator determine your claim lacks merit, you shall reimburse The Turn Group for all defense costs, including attorney fees, court costs, and executive time at $150 per hour, to deter vexatious litigation.
Class Action Waiver: You waive any right to participate in a class action, consolidated action, or representative action against The Turn Group or TTG Personnel related to these Policies or services, agreeing to resolve disputes solely on an individual basis through arbitration or Clay County, Missouri courts.
Non-Waiver and Severability: The Turn Group’s failure to enforce any provision of these Policies does not constitute a waiver of its rights to do so later. If any provision is deemed invalid or unenforceable by a court, the remaining provisions remain in full force, and the invalid provision shall be reformed to the maximum extent permitted to protect The Turn Group and TTG Personnel.
Policy Amendments: The Turn Group reserves the right to amend these Policies at its sole discretion without prior notice. Continued use of the Website or services constitutes your acceptance of all revised terms without requirement of direct notification.
Contact Information: Inquiries should be directed to The Turn Group, 1855 Bent Oaks Dr, Liberty, MO 64068, 877-Web-Desk, [email protected].
