Turnaround Records

Turnaround Records Website Terms of Use

The following terms and conditions (the “Terms of Use”) govern your use of the Turnaround Records Website (the “Site”).  The Site is made available by Turnaround Records, LLC (“Turnaround” or “we” or “us” or “our”).   We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Site.  BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE.  If you do not agree to these Terms of Use, you may not access or otherwise use the Site.

TRADEMARK AND COPYRIGHT INFORMATION:  All material on this Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Turnaround and is protected by copyright, trademark, and other intellectual property rights. Material on this Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Turnaround in each instance. You may download material intentionally made available for downloading from this Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
 
USER CODE OF CONDUCT: The following rules, policies, and disclaimers shall govern and/or apply to your use of the Site.
  
You agree, by using this Site that: (1) you will not upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; (2) you will not restrict or inhibit any other user from using and enjoying this Site (for example, by means of hacking or defacement); (3) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (4) you will not post or transmit materials in violation of another party's copyright or other intellectual property rights; (5) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this Site or the contents of this Site or services; (6) you will not impersonate any other individual or entity in connection with your use of this Site; and (7) you will not use the Site in any way that violates applicable international, federal, state and local laws and regulations.

You agree that if you include a link from any other website to the Site, such link shall open in a new browser window.  You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.

USER INFORMATION:  In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”).  Our information collection and use policies with respect to the privacy of such User Information are set forth in the Turnaround Records Website Privacy Policy which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. 

THIRD PARTY WEBSITES:  You may be able to link from the Site to third party websites (“Linked Sites”).  For example, you may purchase products, some of which may be Turnaround products, on or through Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.  Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.

DISCLAIMER OF WARRANTIES.  THE SITE AND LINKED SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.  WE DO NOT WARRANT THAT THE SITE OR LINKED SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE SITE OR LINKED SITES WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE LINKED SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR LINKED SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OR LINKED SITES.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY LINKED SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR LINKED SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, TURNAROUND AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE OR ANY LINKED SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, AND OTHERWISE ON THE SITE, ANY LINKED SITE OR IN CORRESPONDENCE WITH TURNAROUND OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE OR ANY LINKED SITE ARE PROVIDED BY TURNAROUND “AS IS”.

LIMITATION OF LIABILITY:  IN NO EVENT SHALL TURNAROUND OR ANY OF ITS OFFICERS, DIRECTORS,  MANAGERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TURNAROUND FOR PRODUCTS.

VOID WHERE PROHIBITED:  We control and operate the Site from our offices in the United States of America.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Turnaround reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
  
MAKING PURCHASES:  If you wish to purchase products or services described on this Site, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to your purchases.
 
INDEMNIFICATION:  You agree to indemnify, defend, and hold harmless Turnaround and its officers, directors, managers, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.  Turnaround reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
 
GOVERNING LAW/JURISDICTION:  The Terms of Use is entered into in the State of Georgia and shall be governed by, and construed in accordance with, the laws of the State of Georgia, exclusive of its choice of law rules.  You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Georgia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. 
 
MODIFICATIONS TO THE SITE AND THE SERVICES:  We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.  We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.  

MISCELLANEOUS:   In the event that any of the provisions of this Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect.   The Terms of Use constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of the Terms of Use are expressly canceled. 

DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT:  The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials.  Under the DMCA, a claim must be sent to the service provider's designated agent. If you believe in good faith that Turnaround should be notified of a possible online copyright infringement involving the Site, please notify:  Turnaround Records, LLC, Legal Affairs Department, 1400 Veterans Memorial Hwy. SE., Suite 134-114, Mableton, GA 30126.