PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
Your use of the Website constitutes your Agreement and acceptance without change of these terms and conditions. In addition, as a condition of your use of the Website, you represent and warrant to Turn On Products that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not agree and accept these terms and conditions, your use of the Website is prohibited. Other than this Agreement, Turn On Products will not enter into any Agreement with you or have any obligation to you through the Website and no attempt to create such an Agreement will be effective.
By accessing, browsing or using the Website, you acknowledge that:
1. You, or, if you are under 18 years old, your parent or guardian, have read and understand all of the terms and conditions of use;
If you are not willing to be or cannot be bound by all of the terms and conditions of this agreement, including without limitation the acknowledgement set forth in paragraphs 1-4 above, then do not browse or use the website, and, any moreover, Turn On Products does not and will not grant you any right or license to access, browse or use the website without your willingness and ability to be bound by all of the terms and conditions of this Agreement, including without limitation the preceding acknowledgement.
We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these terms and conditions at any time. Such changes, modifications and/or alterations are effective immediately upon their posting here. Your continued use of the Website will constitute Your consent to these new terms. You are responsible for periodically reviewing this page.
You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Turn On Products or third-party providers, as applicable. Except as expressly permitted by Turn On Products in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
USE OF THE WEBSITE
You will not, directly or indirectly: (a) Use any of the Content, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
(b) Use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
(c) Use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
(d) Publish or distribute in any medium Content, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
(g) Attempt to elude or elude the Website’s security systems;
(h) Attempt to gain access or gain access to the Website in a fraudulent manner;
(i) Disassemble, decompile, reverse engineer, or otherwise modify the Content, Database and any other material contained therein;
(j) Use the Website for any purposes other than those intended by Turn On Products, as determined by Turn On Products in its sole discretion; or
(j) Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
NOTICE OF ENFORCEMENT
Turn On Products vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Turn On Products will prosecute any unauthorized use or reproduction of any of the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
You further agree that you will not.
DISCLAIMER & LIMITATION OF LIABILITY
THE INFORMATION AND MATERIALS ON THE WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
THE WEBSITE ARE OPERATED BY TURN ON PRODUCTS, INC., ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TURN ON PRODUCTS, INC., ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "TURN ON PRODUCTS BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE TURN ON PRODUCTS BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE TURN ON PRODUCTS BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE TURN ON PRODUCTS BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS IN THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE TURN ON PRODUCTS BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
TURN ON PRODUCTS’ PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF TURN ON PRODUCTS’ RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY TURN ON PRODUCTS WITH RESPECT TO SUCH USE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TURN ON PRODUCTS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
1. YOUR USE OF THE WEBSITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE;
2. ANY PRODUCTS OR SERVICES YOU OBTAIN BASED, IN WHOLE OR IN PART, ON THE CONTENT AND OTHER INFORMATION VIEWED OR OBTAINED ON, FROM OR THROUGH THE WEBSITE;
4. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITE ACCOUNT. SEVERABILITY
If any provision of these terms and conditions is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the Agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.
TERM AND TERMINATION
You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Website, including, without limitation, permanently deleting all of the Content you have copied or stored on any computer and any media; and (b) all related documentation. In addition, and upon Turn On Products’ request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to Turn On Products will be deemed to have been duly given only if in writing and delivered by any of the following methods:
1. Certified U.S. mail, return receipt requested, postage prepaid, to Turn On Products at 263 W. 38th St. 8TH Floor NY, NY 10018.
2. Email sent email@example.com.
Notices to Turn On Products shall be deemed delivered when actually received by Turn On Products.
Any notice or other document or communication from Turn On Products required or permitted hereunder will be sent to the e-mail address that You provide when You register with the Website. Such notice will be deemed received by You the business day after the e-mail is sent.
Should You elect to send or receive e-mail communications of any kind to or from Turn On Products, You represent and warrant to Turn On Products that Your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
JURISDICTION; COMPLIANCE WITH LAWS
Except as set forth otherwise herein, Turn On Products controls and operates the Website from the United States of America and makes no representation that the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.
SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK, USA. YOU AND TURN ON PRODUCTS AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
Turn On Products is an independent contractor; nothing in this agreement shall be construed to create a partnership, joint venture, or agency relationship between You and Turn On Products.
CONTINUED USE DEEMED ACCEPTANCE
Copyright 2011 Turn On Products, Inc.
All Rights Reserved June, 2011