Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

The following Terms of Use apply to the TurningTechnologies.com Website (the "Website") and to the software, services, products, resources, information, content and materials on the Website ("Site Content"). By using the Website or Site Contents you accept and agree to comply with the following Terms of Use. Your use of certain resources made available on the Website or the conduct of certain transactions may be subject to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. We reserve the right to modify, alter, update, or remove portions of these Terms of Use at any time, so please check these Terms of Use (and our Privacy Policy) from time to time. Your continued use of the Website signifies your acceptance of any changed items. If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of the Website. The failure of Turning Technologies, LLC to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

1. Community Conduct

We reserve the right to prohibit use of the Website or the purchase of products and services from Turning Technologies by any user who, in our sole discretion, violates these Terms of Use. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify Turning Technologies, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the Website or Site Content and are not responsible for the accuracy or reliability of any Site Content or opinion, advice, or statement made on the Website, or for any defamatory, offensive, or illegal conduct by any user of the Website. Turning Technologies reserves the right to investigate suspected violations of these Terms of Use, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Turning Technologies' servers and network. You hereby authorize Turning Technologies and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce these Terms of Use. Such cooperation may include Turning Technologies providing the username, IP address, or other identifying information.

2. Agreement to Deal Electronically

Your use of the Website is conducted electronically and you agree that Turning Technologies may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices. If you do not wish to deal electronically, do not use this Website. Delivery of electronic notices is not infallible, so you agree to contact Turning Technologies if you need information about the Website. You agree to keep all records relating to your use of the Website and to print or make an electronic copy of this Agreement and any disclosures provided on the Website. Except as prohibited by law, you waive any law requiring different communication methods in connection with your use of this Website. Turning Technologies reserves the right, at its sole discretion, to deliver notices and disclosures by other means such as postal mail.

3. Privacy & Security

Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on "Privacy Policy"). The policy explains how certain information about you may be used.

4. Submissions to TurningTechnologies.com

Electronic content published to Turning Technologies, LLC will be placed on the TurningTechnologies.com Website, where it will be available for access by users and the students of users of Turning Technologies products. While utilizing the Internet test-hosting capabilities of Turning Technologies software, you may submit to TurningTechnologies.com tests, information, content, software code, graphics, artwork, or other materials ("Submissions") in accordance with the guidelines set forth in this Website Use Policy Terms and Conditions Agreement. Turning Technologies reserves the right at any time and without notice to refuse to post or to remove any Submission, in its sole discretion.

Acceptance of any electronic content for publishing is at Turning Technologies sole discretion. We reserve the right in our sole discretion not to publish any electronic content you create, or to remove any electronic content you create from the Websites at any time, without limiting our rights with respect to any other electronic content you may have published to the Websites. Turning Technologies, LLC reserves the right to control advertising or sponsorships that may be accessed through their Websites. Therefore, you may not sell or include advertising within your electronic content, nor may you sell sponsorships of your electronic content without the prior written consent of Turning Technologies, LLC.

We will not provide any technical support for your electronic content, other than technical support provided generally to users of the Websites. It is up to you to provide any corrections, for your electronic content. Turning Technologies, LLC does not make any warranty that the Website or your electronic content will be available or function properly in all possible browser, operating system and platform configurations.

You agree that your Submissions will meet all of the following requirements for appropriate content, and make the following representations and warranties to Turning Technologies, LLC:

  • You have all rights and has obtained all approvals, consents, release clearances, licenses and authorizations needed for the grant of rights and licenses hereunder, and Turning Technologies, LLC's publication of your electronic content does not violate or conflict with any other agreement you have made.
  • Your electronic content does not infringe or otherwise violate any patents, copyrights, trademarks, trade secrets, or any other proprietary rights of any third party.
  • Your electronic content does not contain any virus, worm, Trojan horse or other routine intentionally designed to damage or allow unauthorized access to the Websites or any content or electronic content on the Websites, or any other hardware, software or data.
  • Your electronic content does not include material that may be used in any attempt to circumvent the user authentication or security of any host, network, or account, including the documentation and tutorials on tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools.
  • Your electronic content: (i) does not constitute or encourage a criminal or civil offense or unethical activity and do not otherwise give rise to liability; (ii) comply with all applicable laws, rules and regulations; (iii) does not contain any false, misleading, libelous or defamatory statements; (iv) does not constitute an invasion of the rights of privacy or publicity of any third party libelous; and (v) is not obscene, pornographic, threatening, sexually or racially or ethnically discriminatory, or otherwise objectionable or harmful.

5. Disclaimers and Warranties

Products and services sold on the Website are provided by third parties with only the representations and warranties that those third parties generally provide to their customers with respect to such products and services. Turning Technologies, LLC warrants that it will comply with the License Agreement with respect to any products or services purchased from Turning Technologies, LLC, but makes no other representations or warranties whatsoever with respect to the products or services of third parties. Except for these limited warranties, the Website and Site Content are provided on an "as is" and "as available" basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW TURNINGTECHNOLOGIES.COM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Turning Technologies does not make any representations or warranties that: (1) the Website or Site Content or any products or services purchased from Turning Technologies will meet your requirements or expectations; (2) the operation of the Website or the Site Content will be uninterrupted, timely, secure, or error-free or that any errors will be corrected; or (3) any particular results will be obtained from the use of the Website or from any products or services purchased from Turning Technologies.

6. Limitation of Liability

YOU AGREE THAT NEITHER TURNINGTECHNOLOGIES.COM NOR ITS SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEBSITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO EXAMVIEW; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE.

Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.

7. Links to Third Party Websites

This Website may include links to various third party Websites. Turning Technologies is providing these links solely as a convenience. Such linked third party sites are not under the control of Turning Technologies. We have not reviewed all of the sites linked from the Website and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply Turning Technologies' endorsement of the linked site, its sponsor or any products or services offered on the linked site. Use of any linked site is at your own risk.

8. Indemnity

You agree to indemnify, defend, and hold harmless TurningTechnologies.com and its parent company, Turning Technologies, LLC and their officers, employees, directors, agents, suppliers and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) any breach of these Terms of Use or of any representation or warranty made by you in these Terms Of Use; (2) your Submissions; and/or (3) your activities in connection with the Website or Site Contents.

9. Copyrights and Trademarks

The Website and Site Content is the property of Turning Technologies, LLC and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the TurningTechnologies.com site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Turning Technologies, LLC at the Website are reserved to Turning Technologies, LLC and its licensors.

Copyright Complaints
Turning Technologies, LLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined below.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:

Service Provider(s):
Turning Technologies, LLC, TurningTechnologies.com

Name of Agent Designated to Receive Notification of Claimed Infringement:
Lindsay Czopur

Full Address of Designated Agent to Which Notification Should be Sent:
Turning Technologies, LLC
255 Federal Plaza West
Youngstown, OH 44503

Telephone Number of Designated Agent:
(330) 259-7633

Facsimile Number of Designated Agent:
(330) 259-7615

Email Address of Designated Agent:
lczopur@turningtechnologies.com

To be effective, the Notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted works that you claim have been infringed and identification of the material in such work(s) that you claim to be infringing, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A description of where the material that you claim is infringing is located on the TurningTechnologies.com site and identification of the material that is to be removed or access to which is to be disabled;
  • Information reasonably sufficient to permit the service provider to contact you, such as your physical address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

Turning Technologies, LLC will investigate, in appropriate circumstances, notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2). Inquiries that do not follow this procedure will not receive a response.

Trademarks
The following are Turning Technologies trademarks: TurningPoint, TurningTechnologies.com, and the TurningPoint logo, In addition, the Website may contain trademarks, logos and links to the Websites of third parties. Any domain names, URLs, trademarks or logos appearing on the Website or in any Site Content site are the sole property of their respective owners.

The Turning Technologies names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Turning Technologies, LLC, or its subsidiaries or affiliates (collectively "Turning Technologies"). You are not authorized to use any Turning Technologies name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Turning Technologies, LLC. Requests for authorization should be made to directly to Turning Technologies.

10. Applicable Laws and Jurisdiction

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the TurningTechnologies.com site and your purchase of the products and services on the site.

Turning Technologies controls the Website (excluding third party linked sites) from its corporate offices within the state of Ohio, United States of America. Turning Technologies makes no representation that Site Content is appropriate or available for use in other locations, and accessing the Website or Site Contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. The law of the state of Ohio, specifically excluding choice of law principles, will apply to all issues and matters relating to or arising from your use of this Website. You also submit to the exclusive personal jurisdiction and venue of Mahoning County, Ohio, United States of America or of any federal court located in such state.

Thank you for your cooperation. We hope you find the Turning Technologies Website helpful and convenient to use. Questions or comments regarding this Website should be directed by electronic mail to: lczopur@turningtechnologies.com or via U.S. mail to FSCreations at:
Attn.: Lindsay Czopur
Turning Technologies, LLC
255 Federal Plaza West
Youngstown, OH 44503