ResponseWare 2.0

TURNING TECHNOLOGIES, LLC
TERMS OF SERVICE

Welcome to Turning Technologies! Turning Technologies, LLC (“Turning,” “we,” “us” or “our”) provides our customers with access to various products and services (“Turning Products”), which may include, without limitation, downloadable Turning Product applications (“Turning Apps”), via this website and other websites we make available from time to time (collectively, the “Websites” and each a “Website”), including without limitation our ResponseWare™ product via www.responseware.turningtechnologies.com (“ResponseWare”).

By using our Websites or Turning Products, or by downloading any Turning Apps, you indicate your unconditional acceptance of the following Terms of Service. Throughout these Terms of Service, “you” or “your” refers to you, as the user (“user”) accessing or using any of the Turning Products and to any organization you represent (a “Corporate Subscriber”) in connection with your use of the Websites and/or Turning Products. Please read these Terms of Service carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to the applicable Website(s); provided that such changes shall not apply to any fee-bearing subscriptions to the Turning Products which are then in effect until the expiration or termination of such subscription. These Terms of Service apply to all services and features of the Website(s) and Turning Products unless otherwise indicated. Certain Turning Products may require users’ agreement to supplemental terms and conditions of use, in which case such product-specific terms and conditions of use shall supersede these Terms of Service in the event of a conflict.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND TURNING TECHNOLOGIES. FURTHER, THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND TURNING TECHNOLOGIES ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 18 “AGREEMENT TO ARBITRATE”).

1. Scope of Services.

We maintain the Website, and provide the Turning Products, as a service to the user community that visits the Website and/or subscribes to or purchases such Turning Products, in each case subject to these Terms of Service.

You are responsible for obtaining any equipment and Internet service necessary to access our Websites and Turning Products and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website and/or our Turning Products, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Website and/or Turning Products, for some or all users, from time to time. The Website and Turning Products may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

2. Registration.

a. Number of Users.
If you are a Corporate Subscriber, you may subscribe to appoint one or more users under your account with Turning, subject to any applicable per user fees. If you are a Corporate Subscriber, you agree that these Terms of Service apply to all of the users who access our Turning Product using the Login Credentials (as defined below) selected by, or provided to, you or your users.

b. Registration; Turning Accounts.
Certain of our Turning Products are reserved for registered users. In order to become a registered user, we will ask you to complete a registration form for certain data applicable to your use of Turning Products (“Registration Data”). Turning will then enable you, as a registered user, to maintain an account (the “Turning Account”) which utilizes your Registration Data to coordinate your access to and use of one or more Turning Products. Upon your provision of the Registration Data, we will provide you with a password and account designation (“Login Credentials”) or we may permit you to access our Turning Products through a third party social networking site account as provided in clause (c) below. During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms and Conditions. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You further agree to exit from your account at the end of each session. You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a Turning user or subscriber, all information that you provide to Turning is subject to Turning’s Privacy Policy as then in effect. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Website.

c. Third Party Website Login Access.
Turning may enable you to connect to your Turning account with your Facebook account, LinkedIn account or other third-party social networking site account information (“Third Party Social Networking Account”). By connecting to our Turning Products with a Third Party Social Networking Account, you authorize Turning and the third party social network service provider to share certain information about you with each other. We may receive and store information about you, but not limited to, your user ID associated with your Third Party Social Networking Account, and other information that you have permitted the third-party social network service provider to share with us, and any information you have made public in connection with that third party service. Your use of any third-party social network service provider is subject to its terms of service and privacy policy. You should always review, and if necessary, adjust your privacy settings on social network service providers and other third-party websites and services before linking or connecting them to our Turning Products.

d. Acknowledgement to Receive Email or Push Notifications.
As a user of Turning, you agree to receive emails from us regarding our Turning Products. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving such messages by emailing support@turningtechnologies.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

3. User Content.

a. Submitted Content.
You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the applicable Turning Product. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Turning Products. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion on our Turning Products, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

b. Ownership and Use of Content.
Turning does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant Turning the perpetual, irrevocable, royalty-free right to copy, store and make that User Content available through the Website and our Turning Products and to use that User Content for our business purposes. You agree and acknowledge that we may enable third parties to promote their products, services or viewpoints (for a fee or at no charge) in connection with, or in response to, your User Content, without remuneration to you. When you make available the User Content, you further acknowledge that your User Content will be accessible by the general public who may access or use our Website, except to the extent the applicable Turning Product enables you to establish a limited group to receive such User Content. Turning is not responsible for how any other person or entity may use or exploit your User Content.

c. User Representations.
You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Turning Product or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the submission and use of your User Content on or through the Turning Product does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Turning Product; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

d. Monitoring.
We have the right, but not the obligation, to monitor User Content submitted to our Turning Products, and the use of our Turning Products generally, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through our Turning Products. Without limiting the foregoing, we have the right to remove any material that Turning, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the User Content that you post to our Turning Products.

e. Education Records
If you are an educational agency or institution, including a school, district, or teacher, you represent and warrant that any User Content you submit that constitutes an education record or personally identifiable information from an education record under the federal Family Educational Rights and Privacy Act (“FERPA”) has been submitted in accordance with all applicable FERPA disclosure conditions. We will not disclose such information to anyone else except as permitted under FERPA. Upon termination or expiration of your subscription or other service agreement to which these Terms of Service are applicable, at your request, we will ensure that all education records that were submitted to us, or have been created during the course of the subscription or agreement, are securely transferred to you or a third party designated by you, within a reasonable period of time.

4. Ownership of Intellectual Property; Restricted License.

You hereby acknowledge and agree that the Turning Products, including without limitation the Turning Apps, and all other information, text, images, audio, video, data, links, software, or other material which is not posted, uploaded or otherwise provided by you (“Turning Content”) is the property of Turning or its licensors. Turning Content may include content provided by other users. Turning Content is protected by copyright, trademark, patent, trade secret and other rights of Turning and its licensors, and, as between you and Turning, Turning retains all rights in the Turning Content, including without limitation the Turning Products, provided that, you have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Turning Content solely for your use of the Turning Products for which you subscribe or purchased by you, subject to these Terms of Service.

You acknowledge that the Turning Products contain confidential and proprietary information of Turning and its licensors. Subject to and contingent to the terms of these Terms of Service, Turning grants you a personal, non-transferable, non-exclusive license to use the object code version of any Turning Apps on any authorized device(s) that you own or control. You may not distribute or make the Turning Products (or any portion thereof) available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Turning Products (or any portion thereof). You agree not to use modified versions of the Turning Products (or any portion thereof), including for the purpose of obtaining unauthorized access to the Turning Products (or any portion thereof). You agree not to access the Turning Products (or any portion thereof) by any means other than through the interface that is provided by Turning for use in accessing the Turning Products. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, reverse assemble, disassemble, attempt to derive the source code of, modify, or create derivative works of the Turning Products, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Turning Products). This license does not allow you to exploit or use the Turning Products (or any portion thereof) for any commercial purposes. Any use of the Turning Products (or any portion thereof) except as expressly permitted by these Terms of Service is a violation of the rights of Turning and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Turning Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Turning Content. Nothing contained on our Turning Products should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Turning Products or Turning Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Turning Products.

The service marks and trademarks of Turning, including without limitation “Turning” and the Turning logos and “ResponseWare”, are owned by Turning Technologies, LLC. Any other trademarks, service marks, logos and/or trade names appearing via the Turning Product are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

The Turning Content may contain typographical errors, other inadvertent errors, or inaccuracies. Turning reserves the right to make changes to document names and content, descriptions or specification, or other information, without obligation to issue any notice of such changes.

You may view, copy, download, and print Turning Content that is made available to you on our Website or through our Turning Products, subject to the following conditions:

i. You may only use the Turning Content for your personal informational purposes in compliance with all laws and regulations that apply to you. You may not resell or use the Turning Products or other Turning Content to provide services to any third party. You may not reproduce or transmit any part of our Turning Products or other Turning Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

ii. You may not modify, alter, or prepare derivative works based on the Turning Content, or distribute copies of or publicly perform or display the Turning Content, including without limitation by posting the Turning Content on any network computer or distributing the Turning Content on or in any media.

iii. You may not remove copyright, trademark, and other proprietary notices from the Turning Content.

Nothing contained within our Website or Turning Products should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Turning Products or any Turning Content displayed on our Turning Products, except: (a) as expressly permitted by these Terms of Service; or (b) with Turning’s prior written permission or the permission of the third party that owns the trademark or copyright of the Turning Content displayed on our Turning Products.

5. Copyright Infringement; Notice and Take Down Procedures

If you believe that any content on our Turning Products infringes your copyright, you may request that such content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:

i. identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;

ii. identification of the content that you believe to be infringing and its location, including a description of the content, and its Website location or other pertinent information that will help Turning to locate such content;

iii. your name, address, telephone number and email address;

iv. a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;

v. a statement that the information in your claim is accurate; and

vi. a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.

For copyright issues relating to our Turning Products, contact Turning's agent for copyright issues at: pr@turningtechnologies.com, 255 West Federal Street, Youngstown, OH 44503, 1-866-746-3015. In an effort to protect the rights of copyright owners, Turning maintains a policy for the termination, in appropriate circumstances, of users of our Turning Products who are repeat infringers.

6. Indemnification.

By using our Website or Turning Products, you agree to indemnify, hold harmless and defend Turning from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Website or Turning Products, or any of your users’ use of the Website or Turning Products, and User Content that you submit for use in connection with the Website or Turning Products.

7. Prohibited Conduct.

By accessing our Website or Turning Products or any discussion forum, or other service provided thereon, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Turning Products or any related discussion forum to:

a. Transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Turning.

b. Submit User Content you know is false, misleading, untruthful, or inaccurate.

c. Engage in commercial activities on our Turning Products or using our Turning Products without Turning’s prior approval.

d. Use a name or language that Turning, in its sole discretion, deems offensive.

e. Utilize any automated means, including without limitation web spidering, to obtain content from this website.

f. Post defamatory statements or hateful or racially or ethnically objectionable User Content.

g. Post User Content which infringes another's copyright, trademark or trade secret.

h. Post unsolicited advertising or unlawfully promote products or services.

i. Harass, threaten or intentionally embarrass or cause distress to another person or entity.

j. Impersonate another person.

k. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

l. Exploit children under 18 years of age.

m. Engage in disruptive activity such as sending multiple messages in an effort to monopolize any forum made available through the Turning Products.

n. Introduce viruses, worms, Trojan horses and/or harmful code to the Website.

o. Obtain unauthorized access to any computer system through the Website.

p. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age).

q. Solicit personal information from children under 18 years of age.

r. Violate any federal, state, local, or international law or regulation.

s. Encourage conduct that would constitute a criminal or civil offense.

8. Subscriptions; Payments.

a. Subscription and Fees.
We may make available the Website and Turning Products for free or for a fee from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. If you purchase any Turning Products that we offer for a fee, either on a one-time or subscription basis, you agree to pay Turning directly or via its third party payment processing service provider. You also agree to pay the applicable fees for such Turning Products (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes. You may cancel your subscription as provided on the Website from time to time. We may refuse to renew any subscription.

b. Payment.
You agree that Turning may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TURNING WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR WEBSITES FROM TIME TO TIME. Prices for Turning Products may change at any time, and the Turning Products do not provide price protection or refunds in the event of a price reduction or promotional offering.

c. Billing and Payment Policy.
All information that you provide to register with Turning including your credit card information or payment account information is subject to Turning’s Privacy Policy. We may use a third party payment service to bill you through an online account (your “Billing Account”) for your subscription payment or purchase of Products in lieu of directly processing your credit card information. By submitting your payment account information, you grant Turning the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Turning will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of third party payment service in addition to these Terms of Service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

d. Refunds.
Other than an expressly set forth on our Turning Products as updated from time to time, Turning has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Turning, in each case in Turning’s sole discretion.

9. Disclaimer of Warranty.

We will use good faith efforts to make the Website and Turning Products available and to provide reasonable advance notice of scheduled downtime.

Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Turning Content on our Turning Products. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Turning Products. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Turning Content.

USE OF THE WEBSITE, TURNING PRODUCTS AND ANY TURNING CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE WEBSITE, THE TURNING CONTENT, AND ALL TURNING PRODUCTS, TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE OR TURNING PRODUCTS ARE PROVIDED “AS IS” AND MAY BE BASED IN PART ON CONTENT PROVIDED BY USERS AND THIRD PARTIES, WHICH ARE NOT VERIFIED BY TURNING, AND THAT ANY LISTING OR OTHER CONTENT OBTAINED THROUGH THE USE OF THE TURNING PRODUCTS IS AT YOUR SOLE RISK AND DISCRETION. TURNING AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY RESULTS GENERATED THROUGH THE USE OF THE WEBSITE OR TURNING PRODUCTS. WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TURNING DOES NOT WARRANT THAT: (I) THE TURNING CONTENT AND INFORMATION AVAILABLE ON THIS TURNING PRODUCTS IS FREE OF ERRORS; (II) THE FUNCTIONS OR TURNING PRODUCTS (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER TURNING NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR ANY OPINIONS EXPRESSED BY A USER OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. TURNING AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

10. Limitation of Liability.

a. Disclaimer.
IN NO EVENT SHALL TURNING BE LIABLE TO ANY USER OF OUR TURNING PRODUCTS OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR TURNING PRODUCTS) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON OR ANY TURNING PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

b. Limitation
TURNING’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THE WEBSITE, TURNING PRODUCTS OR ACTIONS OR TRANSACTIONS CONTEMPLATED BY THESE TERMS OF USE, CUMULATIVELY BETWEEN YOU AND TURNING, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO TURNING FOR THE TURNING PRODUCTS, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

c. Waiver of Class Action.
ANY CLAIMS BROUGHT BY YOU OR TURNING MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

d. Exclusions.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Disputes; Release.

Neither Turning nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Turning Product. Turning expressly disclaims any liability or claims that may arise between users of our Turning Products or between users of our Turning Products and third party vendors. You are solely responsible for your interactions with all other users and for your interactions with third party vendors and any disputes that arise from those interactions with other users or third party vendors. Turning may monitor disputes between users, but is not obligated to monitor, mediate, or resolve such disputes.

Because Turning is not responsible for or involved in any contact between users or between users and third party vendors, in the event that you have a dispute with one or more users or third party vendors, you hereby release Turning (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.

If you are a California resident, you hereby waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

12. No Implied Endorsements.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Turning of that third party or of any product or service provided by a third party. Likewise, a link to any non- Turning website does not imply that we endorse or accept any responsibility for the content or use of such a website. Turning does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum accessible through our Turning Products and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution. Any logo of an third party used on the Website is a trademark of such third party or its affiliates.

13. Children.

This Turning Products are intended to serve a general audience and does not provide specific features or services targeted at children under age 18. We do not knowingly solicit personal information regarding children under age 18.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with Children’s Online Privacy Protection Act (COPPA), including any required consent from all parents and guardians whose children under 13 will be accessing and/or using in our Services. If obtaining consent, it is suggested that you provide parents and guardians with our Privacy Policy. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum and/or classroom tools, and for the purpose of COPPA compliance, you represent and warrant that you are entering these Terms on behalf of your school and/or district.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of our Turning Products who are repeat infringers.

14. Jurisdictional Issues.

We make no representation that information on our Turning Products is appropriate or available for use outside the United States. Recognizing the global nature of the Internet, you agree to comply with all local and other applicable laws regarding online conduct and acceptable content. Furthermore, you agree to comply with all applicable laws regarding the transmission and export of technical data. You may not use or otherwise export or re-export the Turning Products except as authorized by United States law, the laws of the jurisdiction in which the Turning Products was obtained, and all other applicable laws. In particular, but without limitation, the Turning Products may not be exported or re-exported (a) into any U.S. 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 Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. By using our Turning Products, you consent to having your Personal Information (as defined in our Privacy Policy) transferred to and processed in the United States.

15. Termination.

You agree that Turning may, without prior notice to you, and for any or no reason, immediately terminate your rights under these Terms of Service, your Turning Account and/or access to any Turning Product. All terminations shall be made in Turning’s sole discretion, and Turning will not be liable to you or any third party for any termination of your Turning Account or access to Turning Products. Upon termination, you shall cease all use of the applicable Turning Products, and delete all copies of any Turning Apps on any and all devices. You agree that we are not liable to you or any third party for any termination of your access to our Turning Products. Even after your right to use any Turning Product is terminated or suspended, these Terms of Service will remain enforceable against you.

16. Unsolicited Ideas and Feedback.

While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions and commitments. If you send us feedback, ideas, or suggestions (collectively, "unsolicited ideas"), you agree that: (1) your unsolicited ideas become the property of Turning and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) Turning may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for Turning to review your unsolicited ideas; and (5) Turning has no obligation to keep any unsolicited ideas confidential.

17. Governing Law.

These Terms of Service, and any dispute between you and Turning, shall be governed by the laws of the State of Ohio without regard to principles of conflicts of law and without regard to the United Nations Convention on the International Sale of Goods, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration. Unless you and we agree otherwise, in the event that Section 2 of the Federal Arbitration Act is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Turning must be resolved exclusively by a state or federal court located in the State of Ohio, except that (i) you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure and (ii) Turning shall have full recourse to the courts and civil, criminal and administrative laws of any jurisdiction worldwide to protect its intellectual property rights, without any limitation whatsoever. Except for such small claims court exceptions, you and Turning agree to submit to the personal jurisdiction of the courts located within the State of Ohio for the purpose of litigating all such claims or disputes. You and Turning agree to waive trial by jury in any court proceeding.

18. Agreement to Arbitrate.

Except if you opt-out as expressly permitted in this Section 18 and except for disputes relating to your or Turning's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and Turning (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, the Turning Products, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Youngstown or Columbus, Ohio, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and Turning hereby expressly waive trial by jury. You and Turning shall appoint as sole arbitrator a person mutually agreed by you and Turning or, if you and Turning cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Turning shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for a district in Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service or to award punitive damages, including but not limited to pursuant to federal or state statutes permitting multiple or punitive awards.

Any claims brought by you or Turning must be brought in that parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor Turning will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Turning can require the other to participate in an arbitration proceeding. To opt out, you must notify Turning in writing within 30 days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Turning account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:

Turning Inc. ATTN: Arbitration Opt-out, 255 West Federal Street, Youngstown, OH 44503.

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Turning prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until 30 days after the version of these Terms of Service not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against Turning prior to the effective date of removal.

This Arbitration section will survive the termination of your relationship with Turning.

19. Miscellaneous.

a. Severability
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

b. Entire Agreement
These Terms of Service constitute the entire agreement between, or, as appropriate, among, the Parties relating to the subject matter herein, and supersedes any prior understandings or agreements between you and Turning.

c. No Assignment.
You shall not have the right to assign, in whole or in part, any of your rights or obligations under these Terms of Service. Without limiting the foregoing, you shall not have the right to assign your Turning Account to any third party.

d. Additional Information
If you have any questions about these Terms of Service or the applicable Turning Product, please contact Turning Technologies’ Customer Service group at support.turningtechnologies.com or 866-746-3015.

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TURNING TECHNOLOGIES, LLC TERMS OF SERVICE

1. Scope of Services.

2. Registration.

3. User Content.

4. Ownership of Intellectual Property; Restricted License.

5. Copyright Infringement; Notice and Take Down Procedures

6. Indemnification.

7. Prohibited Conduct.

8. Subscriptions; Payments.

9. Disclaimer of Warranty.

10. Limitation of Liability.

11. Disputes; Release.

12. No Implied Endorsements.

13. Children.

14. Jurisdictional Issues.

15. Termination.

16. Unsolicited Ideas and Feedback.

17. Governing Law.

18. Agreement to Arbitrate.

19. Miscellaneous.

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TURNING TECHNOLOGIES, LLC
TERMS OF SERVICE