PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
(the "Website") and to the software, services, products, resources,
information, content and materials on the Website ("Site Content").
By using the Website or Site Contents you accept and agree to comply with
on the Website or the conduct of certain transactions may be subject to
certain additional terms and conditions, which will be made available to
you prior to using such resources or conducting such transactions. We reserve
the right to modify, alter, update, or remove portions of these Terms of
from time to time. Your continued use of the Website signifies your acceptance
remedy is to discontinue your use of the Website. The failure of Turning
not be construed as a waiver of any right to do so at any time.
1. Community Conduct
We reserve the right to prohibit use of the Website or the purchase of
products and services from Turning Technologies by any user who, in our
without notice to the user. If you believe another user is violating these
terms, you may notify Turning Technologies, and we will work in good faith
to resolve any such issues. However, we have no obligation to monitor the
Website or Site Content and are not responsible for the accuracy or reliability
of any Site Content or opinion, advice, or statement made on the Website,
or for any defamatory, offensive, or illegal conduct by any user of the
Website. Turning Technologies reserves the right to investigate suspected
from the user or users involved and the complaining party, if any, and
examination of material on Turning Technologies' servers and network. You
hereby authorize Turning Technologies and its distribution affiliates to
cooperate with (i) law enforcement authorities in the investigation of
suspected criminal violations, and (ii) and system administrators at other
Internet service providers or other network or computing facilities in
Technologies providing the username, IP address, or other identifying information.
2. Agreement to Deal Electronically
Your use of the Website is conducted electronically and you agree that
Turning Technologies may communicate with you electronically for all aspects
of your use of the Website, including sending you electronic notices. If
you do not wish to deal electronically, do not use this Website. Delivery
of electronic notices is not infallible, so you agree to contact Turning
Technologies if you need information about the Website. You agree to keep
all records relating to your use of the Website and to print or make an
electronic copy of this Agreement and any disclosures provided on the Website.
Except as prohibited by law, you waive any law requiring different communication
methods in connection with your use of this Website. Turning Technologies
reserves the right, at its sole discretion, to deliver notices and disclosures
by other means such as postal mail.
3. Privacy & Security
its terms are incorporated by this reference. Please read it now (by clicking
about you may be used.
4. Submissions to TurningTechnologies.com
Electronic content published to Turning Technologies, LLC will be placed
on the TurningTechnologies.com Website, where it will be available for
access by users and the students of users of Turning Technologies products.
While utilizing the Internet test-hosting capabilities of Turning Technologies
software, you may submit to TurningTechnologies.com tests, information,
content, software code, graphics, artwork, or other materials ("Submissions")
in accordance with the guidelines set forth in this Website Use Policy
Terms and Conditions Agreement. Turning Technologies reserves the right
at any time and without notice to refuse to post or to remove any Submission,
in its sole discretion.
Acceptance of any electronic content for publishing is at Turning Technologies
sole discretion. We reserve the right in our sole discretion not to publish
any electronic content you create, or to remove any electronic content
you create from the Websites at any time, without limiting our rights with
respect to any other electronic content you may have published to the Websites.
Turning Technologies, LLC reserves the right to control advertising or
sponsorships that may be accessed through their Websites. Therefore, you
may not sell or include advertising within your electronic content, nor
may you sell sponsorships of your electronic content without the prior
written consent of Turning Technologies, LLC.
We will not provide any technical support for your electronic content,
other than technical support provided generally to users of the Websites.
It is up to you to provide any corrections, for your electronic content.
Turning Technologies, LLC does not make any warranty that the Website or
your electronic content will be available or function properly in all possible
browser, operating system and platform configurations.
You agree that your Submissions will meet all of the following requirements
for appropriate content, and make the following representations and warranties
to Turning Technologies, LLC:
- You have all rights and has obtained all approvals, consents, release
clearances, licenses and authorizations needed for the grant of rights
and licenses hereunder, and Turning Technologies, LLC's publication of
your electronic content does not violate or conflict with any other agreement
you have made.
- Your electronic content does not infringe or otherwise violate any patents,
copyrights, trademarks, trade secrets, or any other proprietary rights
of any third party.
- Your electronic content does not contain any virus, worm, Trojan horse
or other routine intentionally designed to damage or allow unauthorized
access to the Websites or any content or electronic content on the Websites,
or any other hardware, software or data.
- Your electronic content does not include material that may be used in
any attempt to circumvent the user authentication or security of any host,
network, or account, including the documentation and tutorials on tools
designed for compromising security, such as password guessing programs,
cracking tools, packet sniffers, or network probing tools.
- Your electronic content: (i) does not constitute or encourage a criminal
or civil offense or unethical activity and do not otherwise give rise to
liability; (ii) comply with all applicable laws, rules and regulations;
(iii) does not contain any false, misleading, libelous or defamatory statements;
(iv) does not constitute an invasion of the rights of privacy or publicity
of any third party libelous; and (v) is not obscene, pornographic, threatening,
sexually or racially or ethnically discriminatory, or otherwise objectionable
5. Disclaimers and Warranties
Products and services sold on the Website are provided by third parties
with only the representations and warranties that those third parties generally
provide to their customers with respect to such products and services.
Turning Technologies, LLC warrants that it will comply with the License
Agreement with respect to any products or services purchased from Turning
Technologies, LLC, but makes no other representations or warranties whatsoever
with respect to the products or services of third parties. Except for these
limited warranties, the Website and Site Content are provided on an "as
is" and "as available" basis. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW TURNINGTECHNOLOGIES.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM
ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS
TO THE WEBSITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
Turning Technologies does not make any representations or warranties that:
(1) the Website or Site Content or any products or services purchased from
Turning Technologies will meet your requirements or expectations; (2) the
operation of the Website or the Site Content will be uninterrupted, timely,
secure, or error-free or that any errors will be corrected; or (3) any
particular results will be obtained from the use of the Website or from
any products or services purchased from Turning Technologies.
6. Limitation of Liability
YOU AGREE THAT NEITHER TURNINGTECHNOLOGIES.COM NOR ITS SUPPLIERS SHALL
BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER
CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE
THE WEBSITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED
INTO EXAMVIEW; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS
OR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE.
Some jurisdictions do not allow the disclaimer of certain implied warranties
or the limitation or exclusion of liability for incidental or consequential
damages, so some of the above disclaimers, limitations and exclusions may
not apply to you.
7. Links to Third Party Websites
This Website may include links to various third party Websites. Turning
Technologies is providing these links solely as a convenience. Such linked
third party sites are not under the control of Turning Technologies. We
have not reviewed all of the sites linked from the Website and are not
responsible or liable for the contents available at any such linked site.
The appearance of a third party link on this site does not imply Turning
Technologies' endorsement of the linked site, its sponsor or any products
or services offered on the linked site. Use of any linked site is at your
You agree to indemnify, defend, and hold harmless TurningTechnologies.com
and its parent company, Turning Technologies, LLC and their officers, employees,
directors, agents, suppliers and sponsors from and against any and all
claims, damages, costs, or other expenses (including reasonable attorneys
fees) that arise directly or indirectly out of or from: (1) any breach
in connection with the Website or Site Contents.
9. Copyrights and Trademarks
The Website and Site Content is the property of Turning Technologies,
LLC and its licensors and is protected by United States and International
Copyright laws. All copyright, trademark, and other proprietary rights
in the TurningTechnologies.com site and in the services, products, software,
text, graphics, design elements, audio, music, and all other materials
originated or used by Turning Technologies, LLC at the Website are reserved
to Turning Technologies, LLC and its licensors.
Turning Technologies, LLC and its affiliates respect the intellectual
property of others. If you believe that your work has been copied in a
way that constitutes copyright infringement, please follow the procedures
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY
HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL
ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE
A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Turning Technologies, LLC, TurningTechnologies.com
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:
Turning Technologies, LLC
255 Federal Plaza West
Youngstown, OH 44503
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted works that you claim have been infringed
and identification of the material in such work(s) that you claim to be
infringing, or if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
- A description of where the material that you claim is infringing is located
on the TurningTechnologies.com site and identification of the material
that is to be removed or access to which is to be disabled;
- Information reasonably sufficient to permit the service provider to contact
you, such as your physical address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the
material identified in your Notice in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
- A statement by you that the information in your Notice is accurate and,
under penalty of perjury, that you are the copyright owner or authorized
to act on behalf of the copyright owner.
Turning Technologies, LLC will investigate, in appropriate circumstances,
notices of copyright infringement and take appropriate actions under the
Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2). Inquiries that do not follow this procedure will not receive
The following are Turning Technologies trademarks: TurningPoint, TurningTechnologies.com,
and the TurningPoint logo, In addition, the Website may contain trademarks,
logos and links to the Websites of third parties. Any domain names, URLs,
trademarks or logos appearing on the Website or in any Site Content site
are the sole property of their respective owners.
The Turning Technologies names and logos and all related product and service
names, design marks and slogans are the trademarks or service marks of
Turning Technologies, LLC, or its subsidiaries or affiliates (collectively
"Turning Technologies"). You are not authorized to use any Turning
Technologies name or mark in any advertising, publicity or in any other
commercial manner without the prior written consent of Turning Technologies,
LLC. Requests for authorization should be made to directly to Turning Technologies.
10. Applicable Laws and Jurisdiction
You agree to comply with all applicable laws, statutes, ordinances, and
regulations regarding your use of the TurningTechnologies.com site and
your purchase of the products and services on the site.
Turning Technologies controls the Website (excluding third party linked
sites) from its corporate offices within the state of Ohio, United States
of America. Turning Technologies makes no representation that Site Content
is appropriate or available for use in other locations, and accessing the
Website or Site Contents from jurisdictions where their contents are illegal
is prohibited. If you choose to access this site from such a jurisdiction,
you do so at your own risk and are solely responsible for compliance with
all the laws of your jurisdiction. The law of the state of Ohio, specifically
excluding choice of law principles, will apply to all issues and matters
relating to or arising from your use of this Website. You also submit to
the exclusive personal jurisdiction and venue of Mahoning County, Ohio,
United States of America or of any federal court located in such state.
Thank you for your cooperation. We hope you find the Turning Technologies
Website helpful and convenient to use. Questions or comments regarding
this Website should be directed by electronic mail to: email@example.com or
via U.S. mail to Turning Technologies at:
Attn.: Lindsay Czopur
Turning Technologies, LLC
255 Federal Plaza West
Youngstown, OH 44503