Terms of Use
Welcome to the web
site operated by Turn Wireless, LLC. This Web Site (the "Turn Wireless
Web Site" or the "Web Site") provides general information about Turn
Wireless, LLC. products and services.
All users of the Web
Site are subject to the following terms and conditions of use (these
"Terms of Use").
Please read these
Terms of Use carefully before accessing or using any part of this Web
Site. By accessing or using this Web Site, you agree that you have read,
understand and agree to be bound by these Terms of Use, as amended from
time to time, as well as the Turn Wireless, LLC. Privacy Statement,
which is hereby incorporated into these Terms of Use. If you do not wish
to agree to these Terms of Use, do not access or use any part of this
Web Site.
Turn Wireless, LLC.
may revise and update these Terms of Use at any time by posting the
amended terms to this Web Site. Your continued use of the Web Site means
that you accept and agree to the revised Terms of Use. If you disagree
with the Terms of Use (as amended from time to time) or are dissatisfied
with this Web Site, your sole and exclusive remedy is to discontinue
using this Web Site.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information,
software, text, displays, images and audio) and the design, selection
and arrangement thereof, are proprietary to Turn Wireless, LLC. or its
licensors and are protected by United States and international laws
regarding copyrights, trademarks, trade secrets and other proprietary
rights. You may not copy, modify, create derivative works of, publicly
display or perform, republish, store, transmit or distribute any of the
material on this site without the prior written consent of Turn
Wireless, LLC, except to: (a) store copies of such materials temporarily
in RAM, (b) store files that are automatically cached by your web
browser for display enhancement purposes, and (c) print a reasonable
number of pages of the Web Site; provided in each case that you do not
alter or remove any copyright or other proprietary notices included in
such materials. Neither the title nor any intellectual property rights
to any information or material in this Web Site are transferred to you,
but remain with Turn Wireless, LLC or the applicable owner of such
content. Except as expressly authorized by Turn Wireless, LLC in
writing, you may not reproduce, sell or exploit for any commercial
purposes (a) any part of this Web Site, (b) access to this Web Site or
(c) use of this Web Site or of any services or materials available
through this Web Site.
TRADEMARKS
The term Turn Wireless is a service mark and the Turn Wireless logo and
all related product and service names, designs and slogans are Turn
Wireless, LLC's service marks. You may not use such marks without Turn
Wireless, LLC's prior written permission. All other names, brands and
marks are used for identification purposes only and may be trademarks or
registered trademarks of their respective owners.
LIABILITY OF Turn Wireless, LLC AND ITS LICENSORS
Turn Wireless, LLC does not assume any liability for the materials,
information and opinions provided on, or available through, the Web Site
(the "Site Content"). Reliance on the Site Content is solely at your own
risk. Turn Wireless, LLC disclaims any liability for injury or damages
resulting from the use of any Web Site Content.
THE Turn Wireless WEB SITE AND THE SITE CONTENT PROVIDED ON OR AVAILABLE
THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITH ALL FAULTS. NEITHER Turn Wireless, LLC NOR ANY PERSON
ASSOCIATED WITH Turn Wireless, LLC MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEB SITE.
SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER Turn Wireless,
LLC NOR ANYONE ASSOCIATED WITH Turn Wireless, LLC WARRANTS OR REPRESENTS
THAT ITS WEB SITE OR THE SITE CONTENT WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE
WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS. Turn Wireless, LLC DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN
NO EVENT WILL Turn Wireless, LLC OR ITS LICENSORS OR CONTRACTORS BE
LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE,
THE SITE CONTENT, OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT
NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM
DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC
COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB
SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Turn
Wireless, LLC AND WHETHER OR NOT Turn Wireless, LLC HAS BEEN ADVISED OF
THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless Turn Wireless, LLC and its
officers, directors, employees, affiliates, agents, affiliates,
third-party information providers, licensors and others involved in the
Web Site or the delivery of products, services or information over the
Web Site, from and against any and all liabilities, expenses, damages
and costs, including reasonable attorney's fees, arising from any
violation by you of this Agreement or your use of the Web Site or any
products, services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
Turn Wireless, LLC's responsibilities in connection with protecting your
privacy are described in our privacy policy which is located at Privacy
Policy and is incorporated by reference into these Terms of Use.
COMMENTS AND SUBMISSIONS
Turn Wireless, LLC welcomes your comments. All comments, suggestions or
other information sent by you to this Web Site for internal use by Turn
Wireless, LLC or its advertisers or business partners or in response to
solicitations on this Web Site will become Turn Wireless, LLC property,
and you agree that all intellectual property rights therein are
transferred to Turn Wireless, LLC
LINKS TO OTHER SITES
The Web Site may contain links to other web sites on the Internet. Turn
Wireless, LLC is not responsible for and does not endorse the content,
products or services of any third-party web sites, including, without
limitation, sites framed within the Turn Wireless, LLC Turn Wireless Web
Site or third-party advertisements, and does not make any
representations regarding their quality, content or accuracy. Your use
of third-party web sites is at your own risk and use of third-party web
sites is subject to the terms and conditions of use for such web sites.
COMPLIANCE
The owner of this Web Site is based in the State of California, USA.
Turn Wireless, LLC makes no representation that materials in this Web
Site are appropriate or available for use in other locations. If you
access this Web Site from other locations, you are responsible for
complying with local laws.
CONTACT
Please contact us at Turn Wireless, LLC by phone at phone 1-800-705-3070
and e-mail info@turnwireless.com if you become aware of any content that
may infringe the copyright of a third party or that you believe to be in
violation of these Terms of Use.
MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in
accordance with the laws of the State of California, USA, without regard
to its conflicts of law principles. These Terms of Use, as they may be
amended from time to time, completely and exclusively state the
agreement between you and Turn Wireless, LLC with respect to the Web
Site, and no other terms that may have been communicated to you orally
or in any other manner shall have any force or effect. Any cause of
action you may have with respect to the Web Site must be commenced
within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. Exclusive jurisdiction over any
cause of action arising out of these Terms of Use or your use of the Web
Site shall be in the state or federal courts located in Ventura County
of the State of California, USA. You agree to submit to the jurisdiction
of such courts.
If any part of these
Terms of Use is unenforceable, the unenforceable part shall be construed
to reflect, as nearly as possible, the original intentions of the
parties. The other provisions of these Terms of Use shall remain in full
force and effect.
Turn Wireless, LLC's failure to insist upon or enforce strict
performance of any provision of these Terms of Use shall not constitute
a waiver of the provision. Neither a course of dealing or conduct
between you and Turn Wireless, LLC nor any trade practices shall be
deemed to modify these Terms of Use.
