Turning Point Retail Corporation (“Turning Point”, “we”, “us” and “our”) provides the website turningpointjustice.com (the “Website”) to give you information about us and our services, and to give you the opportunity to obtain services directly from the Website.
Your use of the Website is subject to the following terms and conditions (the “Agreement”). If you do not agree to these terms and conditions, then please do not use the Website.
For purposes of this Agreement, “you” means the person using this Website; if the user is not an individual, then “you” means the user’s company and its officers, directors, members, agents, successors and assigns. “Services” means all products and services made available on or through the Website.
By using this Website, you indicate that you have read and agree to be bound by all terms and conditions of this Agreement, without limitation or qualification, and by all applicable laws and regulations, as if you had written your name on a contract. Turning Point’s acceptance of your order for Services is conditioned upon your assent to all terms and conditions of this Agreement.
The information provided on the Website is not and should not be considered or relied upon as legal advice or as a substitute for seeking the advice and consult of a licensed attorney.
Effective Date: January 24, 2014
All content included on the Website, such as text, graphics, designs, logos, catalogs, icons, images, presentations, videos, data, instructions, photographs, graphs, typefaces, sounds and software (the “Materials”) is the property of Turning Point or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.
TURNING POINT JUSTICETM and TURNING POINT RETAILTM, as well as other trademarks, service marks and logos that we use, are trademarks of Turning Point or its licensors. Other marks, names, and logos used on this Website are the property of their respective owners. Your use of any of the trademarks found on this Website without express permission of the owner is strictly prohibited.
Turning Point grants you a limited, nonexclusive, non-transferable, personal license to access and display the Materials solely for personal, non-commercial use and subject to the restrictions on use listed below in Section C and the other terms of this Agreement. You agree to retain all copyright and other proprietary notices contained on the Materials. This license is conditioned on your continued compliance with the Agreement. Except as provided in this license or otherwise specifically permitted by us in writing, you may not access, display or copy the Materials.
All rights not expressly granted in this Agreement are reserved.
Restrictions on Use
You agree not to do any of the following:
- Modify, remove, delete, augment, add to, publish, distribute, participate in the transfer, rental, license or sale of, create derivative works from, or in any way exploit any of the Materials, in whole or in part;
- Manipulate, alter or affect or attempt to manipulate, alter or affect the Website, the Materials, any feature or program of the Website or the Materials, including searches, results, placements, advertisements, tags, products, expressions or programs;
- Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Website, the proper working of the Website, security features of the Website, the equipment connected to the Website or any product or service provided on or through the Website;
- Mirror any Materials contained on this Website or any Turning Point server;
- Use framing techniques to enclose the Website or any part thereof;
- Use any metatags or any other hidden text incorporating Turning Point’s name or trademarks;
- Access or attempt to access the Website or to collect or index information provided to or on the Website using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or similar means or equivalent manual processes;
- Access an account without permission;
- Provide false or misleading information in connection with any account
- Impose an unreasonable or disproportionately large load on the infrastructure of the Website or Turning Point’s systems or networks, or any systems or networks connected to the Website or Turning Point;
- Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website);
- Solicit, trace or otherwise collect any information from users or visitors of the Website;
- Reverse engineer, decompile or otherwise extract source code provided on or through the Website;
- Use the Website for commercial activities such as contests or advertising;
- Create a database by downloading and storing the Materials or any part thereof;
- Upload or transmit viruses, worms or other malicious code to the Website; or
- Violate any law in connection with your use of the Website, including export laws and privacy laws.
If you submit or post to the Website or Turning Point any ideas, suggestions, information, designs, images, advertisements, data or proposals, you agree that such submissions will be treated as non-confidential and non-proprietary and will become the sole property of Turning Point without any compensation or credit to you whatsoever. Turning Point will have no obligations with respect to such submissions or posts. Turning Point may use such submissions and the ideas contained in such submissions or posts for any purpose in any medium in perpetuity.
Turning Point’s Rights
Turning Point reserves the following rights:
- To terminate the use of the Website and/or the account of anyone who violates this Agreement;
- To change the Website, the Materials, the form and nature of the Website and any products or services provided through the Website, at any time without notice;
- To refuse to provide any user or customer with any product or service;
- To review, modify, filter, delete and remove any and all content, orders and information from the Website;
- To update and download any software provided on or through the Website;
- To display advertising and promotions that may be targeted to certain users or sections of the Website based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions; and
- To provide you with notices, including those regarding this Agreement, your account and your orders, by email, postings to your account or by other means.
You agree that the foregoing are Turning Point’s rights, but not its obligations.
Your Representations and Warranties
By using the Website, you represent, covenant and warrant that:
- You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor whom you are authorizing to use the Website;
- Are authorized to sign for and bind the person or entity using the Website;
- You have the right to use any credit card(s) or other payment means used to initiate any order or other transaction through the Website;
- You will provide only true, accurate, complete and current information to the Website and to Turning Point; and
- You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from Turning Point or in any information that you provide to Turning Point.
Disclaimer of Website Warranties
THE WEBSITE AND THE INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. To the fullest extent permitted under law, Turning Point makes no representations or warranties of any kind, express, implied or statutory, as to the operation of the Website, or as to the Materials, services or information provided on or through the Website. YOU USE THE WEBSITE AT YOUR OWN RISK.
TURNING POINT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY OF THE MATERIALS, SERVICES AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
Neither Turning Point, nor its affiliates, nor any of their officers, directors, members, employees, agents, third-party content providers, sponsors or licensors or the like (collectively “Providers”) warrant that the Website will be uninterrupted or error-free, the results that may be obtained from the use of the Website, or the accuracy, completeness, reliability, security or currency of the Materials. Further, Turning Point does not warrant the reliability of, or guarantee any advice, opinion, statement or other information displayed or distributed through the Website. Turning Point is not responsible in any way for any transaction between you and another user of the Website. Turning Point has no obligation to make any corrections to the Website or Materials.
Limitation of Liabilities
EXCEPT AS EXPRESSLY AGREED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND TURNING POINT OR ITS PROVIDERS, AS APPLICABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT TURNING POINT AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE WHATSOEVER, BASED IN TORT, CONTRACT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATED TO (1) THIS AGREEMENT OR YOUR PURCHASE OF SERVICES, (2) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY OF THE MATERIALS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (3) ANY PRODUCTS, SERVICES OR INFORMATION OFFERED, SOLD OR DISPLAYED ON OR THROUGH THE WEBSITE, (4) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (6) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR TRANSMISSIONS TO OR FROM THE WEBSITE, (7) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER TURNING POINT OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to indemnify, defend and hold harmless Turning Point, its officers, directors, agents, employees, affiliates and Providers from and against any and all claims, expenses, liabilities, costs and damages (including attorneys’ fees), arising out of or related to any act or omission of you or your employees, agents, end users or subcontractors, including but not limited to use of the Website, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.
Term and Termination
Without limiting its other remedies, Turning Point may suspend or terminate this Agreement, your access to the Website and your account if you fail to comply with any term or condition of this Agreement. Turning Point may take such actions at its sole discretion, without prior notice to you. Upon such violation, you agree to terminate access to the Website. Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.
As a convenience to you, the Website may provide links to websites operated by other entities (collectively “Linked Sites”). If you use any Linked Sites, you will leave the Website. Your use of any Linked Site is at your own risk.
Linked Sites are not maintained, controlled, governed or sponsored by Turning Point, or affiliated or associated with Turning Point. Turning Point does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site.
Turning Point reserves the right in its sole discretion to terminate a link with any website that it deems inappropriate or inconsistent with the Websites and/or this Agreement.
Entire Agreement and Modifications
This Agreement and any additional Turning Point terms and conditions, is the entire agreement between Turning Point and you, and supersedes all prior or contemporaneous communications and proposals in any medium between you and Turning Point, unless such agreement expressly provides that it shall not be superseded by the terms of this Agreement.
If for any reason a court of competent jurisdiction finds any provision of the Agreement to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
This Agreement may change between your visits to the Website. Turning Point reserves the right, but has no obligation, to make changes to this Website and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this Website. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Turning Point does not and will not assume any obligation to notify you of changes to this Agreement.
Turning Point respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Website is infringing your copyright, then you may send a notice to us with all of the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Website;
- An address, telephone number and email address where you can be contacted;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Send the notice to Turning Point’s designated agent at the following address or email:
PO Box 951087
South Jordan, UT 84095
Notice for California Users
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (914) 445-1254 or (800) 952-5210.