Last revised November 29, 2015
Registration. In order to access certain features of the Services you may be required to register for an account (“Account”). If you access the Services through a social networking site, such as Facebook (each, an “SNS”), as part of the functionality of the Services, you may link your Account with SNS account (“SNS Account”), by allowing TurnTalk to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to TurnTalk and/or grant TurnTalk access to your SNS Account (including, but not limited to, for the purposes described here) without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obligating TurnTalk to pay any fees or making TurnTalk subject to any usage limitations imposed by such third-party service providers. By granting TurnTalk access to any SNS Accounts, you understand that TurnTalk may access, make available and store (if applicable) any information, data, text, software, music, sound photographs, messages, tags, and/or other materials accessible through the Services that you have provided to and stored in your SNS Account (“SNS Content”) so that it is available on and through the Services via your Account and your profile page. Depending on the SNS Accounts you choose and subject to the privacy settings that you have in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through your Account on the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND TURNTALK DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. TurnTalk makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and TurnTalk is not responsible for any SNS Content.
Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (as your "Real Profile"), as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You may not share your Account with anyone, and you agree to notify TurnTalk immediately of any unauthorized use of your account or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or TurnTalk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete as it relates to your Real Profile, TurnTalk has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). TurnTalk may, but is not obligated to, request documentation to verify your identity and/or certain Registration Data. If you fail to timely verify your identity or Registration Data to TurnTalk’s reasonable satisfaction or TurnTalk has reasonable grounds to suspect your Real Profile Registration Data is untrue, inaccurate, not current, or incomplete, TurnTalk may, but is not obligated to, contact any or all matches or other users of your potentially inaccurate, non-current, incomplete, or fraudulent identity, data, or information in addition to its other rights hereunder. TurnTalk reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by TurnTalk, or if you have been previously banned from any of TurnTalk Properties (as defined below).
2. LICENSE AND OWNERSHIP
License. TurnTalk grants you a personal, revocable, limited, non-transferable license to use the features and functions of the Website and Service to reproduce and use the App on your mobile device solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App’s Stores “Usage Rules”) (the “Usage Rules”) when using the App. All updates and upgrades to the App will be governed by the version of these Terms published by TurnTalk as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service.
Ownership. Unless otherwise noted, the Website, App and Service (collectively, the “TurnTalk Properties”) and all text, content and documents on the TurnTalk Properties, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing therein used to operate TurnTalk Properties, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on TurnTalk Properties, including your account and content generated by you in the use of the TurnTalk Properties (collectively, the “Content”) are owned by TurnTalk (or its affiliates) or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between TurnTalk and you, all right, title and interest in and to the Content will at all times remain with TurnTalk and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, App or Service, are registered and/or common law trade names, trademarks or service marks of TurnTalk or the applicable Owner.
License to Your Content. TurnTalk does not claim ownership of any content, images, videos, text or other materials you upload to the Service (“Your Content”). You grant TurnTalk an non-exclusive, fully paid, perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, digitally transmit, publicly perform, and publicly display, Your Content (in whole or in part) for any commercial and/or business purpose whatsoever, including for the purpose of operating and providing TurnTalk Properties to you and to our other end-users. For the purposes of clarity, you may use Your Content solely for your own personal, non-professional purposes. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not TurnTalk, are responsible for all of Your Content that you make available on or in TurnTalk Properties.
Your Profile. Your Content posted by you in your Anonymous and Real Profiles may contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s explicit permission. Under certain legal and/or other business-critical circumstances, TurnTalk may inquire and request to verify said explicit permission to post or submit for print services a photograph of another person.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to TurnTalk through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that TurnTalk has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TurnTalk a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the TurnTalk Properties.
3. USE & RESTRICTIONS
You are permitted to use TurnTalk Properties and/or the Content and/or for lawful purposes as provided in these Terms only. You will not, without TurnTalk’s express written consent: (i) copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which TurnTalk Properties are being provided to you; (ii) use TurnTalk Properties to conduct or promote any illegal activities; (iii) attempt to reverse engineer or jeopardize the correct functioning of TurnTalk Properties, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies TurnTalk Properties; (iv) attempt to gain access to secured portions of TurnTalk Properties to which you do not possess access rights; (v) use TurnTalk Properties to generate unsolicited email advertisements or spam; (vi) use TurnTalk Properties to stalk, harass or harm another individual; (vii) use any high volume automatic, electronic or manual process to access, search or harvest information from TurnTalk Properties (including without limitation robots, spiders or scripts); (viii) interfere in any way with the proper functioning of TurnTalk Properties, or interfere with or disrupt any servers or networks connected to TurnTalk Properties, or disobey any requirements, procedures, policies or regulations of networks connected to TurnTalk Properties; (ix) use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on TurnTalk Properties or the Content contained on any such web page for commercial use without our prior express written permission; (x) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (xi) mirror or frame TurnTalk Properties or any Content, place pop-up windows over its pages or app conversations, or otherwise affect the display of its pages or app conversations; (xii) use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text; (xiii) create derivative works from the Content or commercially exploit any part of the Content in any way; (xiv) use any portion of a TurnTalk Properties or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or (xv) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
TurnTalk reserves all other rights. Except as expressly provided herein, nothing on TurnTalk Properties will be construed as conferring any license under TurnTalk’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, TurnTalk may revoke any of the foregoing rights and/or your access to TurnTalk Properties, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
4. POSTING GUIDELINES
The Service includes various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with TurnTalk relevant sections of the social media sites, the “Community Forums”). With respect to any and all Community Forums, the following restrictions and obligations apply:
- TurnTalk will have the right, but not the obligation, to monitor or review any Community Forum at any time for any readily apparent violation of these Terms or illegal content. Notwithstanding the foregoing, you acknowledge that TurnTalk is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and will have no liability to you for any content posted in a Community Forum. However, if any such violation of these Terms is brought to our notice by an affected person, TurnTalk shall inform you of such non-compliance and remove such content that is in contravention.
- You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. TurnTalk reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums and terminate your access and usage rights to the TurnTalk Properties.
You are expressly prohibited from submitting any of the following types of content in any Community Forum:
- Any content that is grossly harmful, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially or ethnically offensive, suggestive, harassing, threatening, blasphemous; pedophilic, hateful, disparaging, relating or encouraging money laundering or gambling, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ or such other securities exchange that is located in the country in which you reside;
- Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Any content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or other destructive files, code, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
- Any content that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, App or Service, or which may expose TurnTalk or any Owners or other users to any harm or liability of any type. Any content that harms minors in any way;
- Any content that violates any law for the time being in force;
- Any content that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Any content that threatens the unity, integrity, defense, security or sovereignty of any nation or country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation or country.
5. INTERACTIONS WITH OTHER USERS
User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that TurnTalk reserves the right, but has no obligation, to intercede in such disputes. You agree that TurnTalk will not be responsible for any liability incurred as a result of such interactions and understand that you are able to block other users using the Block and/or Report functionality at any time.
YOU UNDERSTAND THAT TURNTALK DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. TURNTALK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. TURNTALK RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RESOURCES.
Content Provided by Other Users. The TurnTalk Properties may contain encrypted and unencrypted messages and/or content provided by other users (“User Content”). TurnTalk is not responsible for and does not control User Content, including the accuracy or completeness of any user’s Anonymous and/or Real Profile information. You use all User Content and interact with other users at your own risk. In connection with the Services, we have adopted and implemented a policy that provides for the review and removal of unencrypted and, if identified and verified, encrypted Prohibited Content that has been reported to us. Since certain User Content is encrypted, you understand that it may not be possible for TurnTalk to identify, recover, review and/or remove said User Content. As part of that policy, we may suspend and/or terminate users who repeatedly upload Prohibited Content. If you believe that one or our users is, through the use of our Service, uploading or displaying Prohibited Content, please contact us at: firstname.lastname@example.org.
6. UNITED STATES ONLY
By using the Service, you agree and acknowledge that TurnTalk's physical infrastructure is hosted and managed on Parse, within Amazon’s secure data centers and utilizes the Amazon Web Service (AWS) technology. Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards. Amazon’s data center operations have been accredited under:
- ISO 27001
- SOC 1/SSAE 16/ISAE 3402 (Previously SAS 70 Type II)
- PCI Level 1
- FISMA Moderate
- Sarbanes-Oxley (SOX)
THE TURNTALK PROPERTIES AND ALL OTHER FEATURES ON THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE TURNTALK PROPERTIES AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN TURNTALK HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TURNTALK, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, TURNTALK DOES NOT MAKE ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT THE TURNTALK PROPERTIES, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. TURNTALK RESERVES THE RIGHT TO CHANGE ANY PART OF THE TURNTALK PROPERTIES AT ANYTIME WITHOUT NOTICE.
8. LIMITATION OF LIABILITY
9. DIGITAL MILLENNIUM COPYRIGHT ACT
TurnTalk is committed to respecting and protecting the legal rights of copyright owners. As such, TurnTalk adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to TurnTalk’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
TurnTalk’s Copyright Agent to receive DMCA Takedown Notices is: email: email@example.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for TurnTalk to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
10. CHANGES TO THESE TERMS
PLEASE NOTE THAT these Terms are subject to change by TurnTalk in its sole discretion at any time. When changes are made, TurnTalk will make a new copy of the Terms available at the Website and within the App. We will also update the “Last Updated” date at the top or bottom of these Terms. If we make any material changes, and you have registered with us to create an Account, we may also send an e-mail at the last e-mail address you provided or notification to your phone with which your current version of the App is installed. TurnTalk reserves the right to use other similarly appropriate methods of notification to any material or non-material Terms.
Any changes to the Terms will be effective immediately for new users of TurnTalk Properties and will be effective thirty (30) days after posting notice of such changes on the Website or App for existing users, provided that any material changes will be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes within the Website or App or thirty (30) days after dispatch of an e-mail or phone-based notification notice of such changes to users who have registered for an Account. TurnTalk may require you to provide consent to the updated Terms in a specified manner before further use of TurnTalk Properties is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using TurnTalk Properties. Otherwise, your continued use of TurnTalk Properties constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE AND APP TO VIEW THE THEN-CURRENT TERMS.
TurnTalk may cancel, suspend or block your use of TurnTalk Properties without notice if there has been a violation of these Terms, as determined by TurnTalk in its sole discretion. Your right to use TurnTalk Properties will end once your registration is terminated, and any data you have stored on the Service may be unavailable later, unless TurnTalk is required to retain it by law. You may terminate your registration at any time. TurnTalk is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT TURNTALK WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE, APP OR SERVICE. Any limitations on liability that favor TurnTalk will survive the expiration or termination of these Terms for any reason.
12. ARBITRATION AGREEMENT; CLASS WAIVER OF TRIAL BY JURY:
Please read this Arbitration Agreement carefully. It is part of your contract with TurnTalk and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by TurnTalk that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and TurnTalk, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to TurnTalk should be sent to: firstname.lastname@example.org. After the Notice is received, you and TurnTalk may attempt to resolve the claim or dispute informally. If you and TurnTalk do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits. If you or TurnTalk pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and TurnTalk, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TurnTalk.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and TurnTalk in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND TURNTALK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Section shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with TurnTalk.
Small Claims Court. Notwithstanding the foregoing, either you or TurnTalk may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Mateo County, California, USA for such purpose.
13. GOVERNING LAW
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14. APPLICATION STORE ADDITIONAL TERMS & CONDITIONS
The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from an App Store.
Acknowledgement. TurnTalk and you acknowledge that this Agreement is concluded between TurnTalk and you only, and not with the App Store, and TurnTalk, not the App Store, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting App Store term applies, as applicable.
Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.
Maintenance and Support. TurnTalk is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement (if any), or as required under applicable law. TurnTalk and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. TurnTalk is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TurnTalk’s sole responsibility.
Product Claims. TurnTalk and you acknowledge that the App Store is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit TurnTalk’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights. TurnTalk and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, TurnTalk, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. TurnTalk’s contact information for any end-user questions, complaints or claims with respect to the App is set forth below.
1101 El Camino Real, Suite A
San Bruno, CA 94066
Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the App.
Third Party Beneficiary. You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.
15. EXPORT CONTROL
You may not use, export, import, or transfer the TurnTalk Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the TurnTalk Properties, and any other applicable laws. In particular, but without limitation, the TurnTalk Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the TurnTalk Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by TurnTalk are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer TurnTalk’s products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16. NOTICES & AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE
The communications between you and TurnTalk use electronic means, whether you visit TurnTalk Properties or send TurnTalk e-mails, or whether TurnTalk posts notices on TurnTalk Properties or communicates with you via e-mail or phone-based notification. For contractual purposes, you (1) consent to receive communications from TurnTalk in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TurnTalk provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TurnTalk without restriction. TurnTalk’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
18. QUESTIONS, COMPLAINTS, CLAIMS
If you have any questions, complaints or claims with respect to TurnTalk Properties, please contact our Grievance Officer at: email@example.com, who will endeavor to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.