Legal Policies
Welcome to our Legal Policies page. These policies govern the use of this website, payments both accepted and received, the services that we provide as well as how we store digital information. Accessing this website once binds you to this page (our website terms of use) listed below. Accessing this website more than once you agree to be bound by all of our documented policies. ANY agreement with The Turn Group binds you to all policies on our website. All policies on this site are accessed via the menu to the right. All policies on this website change frequently and it is your responsibility to review them from time to time.
Listed below are the "Terms of Use" for this website. By accessing this website you agree to these terms.
Terms of Use
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 at any time. 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 LLC Company, doing business as The Turn Group and or the respective owners. 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 and the use of this website are subject to all of these Terms of Use, a legally binding agreement between you (the user/viewer/client/affiliate) 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, the United States copyright laws that protect 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 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. Any changes made to these terms are legally binding and supersede any written, verbal, email communication contract(s) and or exhibit(s) you may have signed with The Turn Group. 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. We suggest you visit this page frequently to check for updates.
Content and Use of Content
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 and or permission given to The Turn Group via, phone, email or purchased license. 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."
Third Party Content
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 neither 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 is also under no obligation to maintain 3rd party content on website or remove it. All content on The Turn Group website is at the sole discretion of The Turn Group. You agree by submitting material to us for use on our website, you give us sole permission to use the content as The Turn Group sees fit and is under no obligation to remove material or maintain material on the website.
Portfolio Content
The Turn Group reserves the right to display all material designed and or developed for our clients, partners, associates, website and members (all future and past clients) in our portfolio section as well as all 3rd party submitted content to our pages/portfolio as a representation of our work or 3rd party work performed. Both copyrighted, non-copyrighted and trademarked material belong to their respective owners. However, by accessing this website, submitting content to our website and or engaging The Turn Group for any "form of service", you grant unconditional use of material for display on The Turn Group website and any of it's pages. You may request to have the work/pages/content that was produced for you or submitted to us removed from the website. If you decide to make a request, you must show proof that each piece of material produced by The Turn Group has been copyrighted or trademarked. You may request to have your work removed from our website with the understanding that we do not have to answer, respond to or comply with your request.
Banners, Advertisements, and/or Promotions
The Turn Group reserves the right to post advertisements, banners, promotions and past client work produced by The Turn Group 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.
Monitoring
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.
Indemnification
You agree to defend, indemnify and hold harmless The Turn Group and its affiliates and their respective directors, officers, contractors, 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 this website and or any website, project, material we produce for you, your company and website.
Links to Other Sites and Resources
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.
Disclaimer of Warranties
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, contractors, 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.
Consulation Time
The Turn Group defines consultation time as any time discussing, collaborating, troubleshooting a project via phone, email, skype, ticket system or via any other communication avenue or means in regards to a project. The only free time we offer a new or existing client is in regards to new project discussions as well as 1 hour of proposal prep time. Once an agreement has been reached/signed or any time after the initial project discussion and proposal, The Turn Group considers you on the clock and will bill and or deduct $100 dollars an hour from an existing agreements budget or will bill you accordingly for time spent beyond our free one hour of consultation time.
Limitations of Liability
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 website; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the website; 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 website and or using any of our services with our without a contractual agreement including your attorney fee's.
Condition of Use of 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 for paid services 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.
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