Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Community Conduct
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
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:
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, AND NONINFRINGEMENT.
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 own risk.
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.
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:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Full Address of Designated Agent to Which Notification Should be Sent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
To be effective, the Notification must include the following:
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 a response.
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.
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