GuideTurbo Terms of Use

Terms of Use posted on March 15, 2016 (Effective Date)

IMPORTANT: PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS YOUR USE OF OUR WEBSITE, MOBILE APPLICATION, SERVERS OR CONTENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THEM. Do not use our website, mobile application, servers or content if you do not agree with these Terms.

Welcome to GuideTurbo The website www.guideturbo.com, and the GuideTurbo mobile application are owned and operated by GuideTurbo LLC (“GT Entity”, “we”, “us”, “our”). By accessing our website, application, servers, or content (together, “GuideTurbo"), you agree to these terms of use (“Terms”). These Terms explain a contractual agreement regarding your use of GuideTurbo.
You should visit this page and periodically reread these Terms as we reserve the right at our sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective immediately upon posting, and your continued use of GuideTurbo following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When we change these Terms, we will provide notice by updating the effective date above.

Your Privacy Your personal privacy is very important to us. Our Privacy Policy is hereby incorporated into and made a part of these Terms. By using GuideTurbo, you also accept and agree to our Privacy Policy. If you have not already reviewed it, please read our Privacy Policy at http://guideturbo.com/footer_pages/policies. If we make a change to our Privacy Policy that we reasonably believe may considerably affect how we collect, disclose, or otherwise share your personal information, we will post a separate notice to that effect on our home page with a link to the revised Privacy Policy.

Limited License If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access GuideTurbo in compliance with these Terms for your personal purposes; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, modify or "frame" content from GuideTurbo (excluding content you create and sharing with friends/family) without our prior permission. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

Use GuideTurbo is for personal use only. You agree not to: (a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) surreptitiously intercept or expropriate any system, data or personal information; (c) interfere with or disrupt GuideTurbo or networks connected to our website or through the use of GuideTurbo; (d) disobey any requirements, procedures, policies or regulations of networks connected to GuideTurbo or through the use of GuideTurbo, or otherwise interfere with GuideTurbo in any way, including through the use of JavaScript, active or other coding; (e) use robots, spiders, scripts, scrapers, crawlers, data-mining software, data gathering and extraction tools or send misleading, unsolicited, unlawful, and/or spam postings/email; (f) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (g) copy, reproduce, alter, modify, or publicly display any information displayed on GuideTurbo (except for information you provide), or create derivative works from our website (other than from content you create), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of GT Entity or any other third party, except with our prior written consent or consent of the appropriate third party; (h) collect users personal and/or contact information; or (i) use any information obtained on GuideTurbo to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent .

Fees You authorize us to charge you a fee of 2% for purchases made on GuideTurbo. Unless noted, fees are in US dollars; tax, if any, and PayPal transaction fees are additional. To the extent permitted by law, fees are nonrefundable. By using PayPal you acknowledge that we do not control the transaction, and you bear all risk in connection with the transaction.

Refunds Refunds of any payment you make to guides for their services are subject to that guide’s refund policy and applicable law. If you believe any payment to a guide is in error, you must contact the guide to seek resolution. You should use common sense and be careful in deciding whether to make a payment.

Moderation You agree we may moderate GuideTurbo access and use in our sole discretion, for example by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

Your Interactions with Other Users

You are solely responsible for your interactions with other users. You understand that gt entity currently does not conduct criminal background checks or screenings on its users. We do not inquire into the backgrounds of all of our users nor attempt to verify the statements of users. We make no representations or warranties as to the conduct of users or their skills. We reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.

We are not responsible for the conduct of any user. As noted in and without limiting our Disclaimer and Limitation of Liability sections listed below, in no event shall GT Entity, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of GuideTurbo including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through GuideTurbo. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off GuideTurbo or meet in person, or if you decide to send money to another user. You understand that we make no guarantees, either express or implied, regarding your interaction or compatibility with individuals you meet through GuideTurbo.

Prohibited Behavior

Users must comply with all applicable laws. Here is a partial list of content, goods and services prohibited on GuideTurbo:

Please do not use GuideTurbo for any of these purposes and report anyone else you see doing so. We reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending content from GuideTurbo and terminating or suspending the use of GuideTurbo by violators.

Using the GuideTurbo Name, Logo and Intellectual Property

You agree not to use our trademarks, graphics, logos, intellectual property or other content without our prior written permission. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. The following trademarks are owned by GT Entity: GuideTurbo and GuideTurbo (logo).

Copyright Policy Notice and Procedure for Making Claims of Copyright Infringement

If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify our agent for notice of claims of copyright infringement ("Agent"), at:


copyright@guideturbo.com


or

Copyright Agent
GuideTurbo LLC
1118 April Drive
Knoxville, TN 37919

Please provide our Agent with the following notice, which shall include each of the following:

Your notice will be subject to The Digital Millennium Copyright Act (DMCA). We may terminate the accounts of repeat infringers.

Information Available on the GuideTurbo

We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of the GuideTurbo content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to GuideTurbo. You agree that you must evaluate, and bear all risk associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Your Account

In the event that you are provided with user identification names, numbers or codes, and/or passwords ("Access Credentials") in connection with your use of GuideTurbo, you shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of GuideTurbo or content by anyone using your Access Credentials. Accordingly, you should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify us if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. We may terminate your access to, and your use of, GuideTurbo immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.

You agree to provide true, accurate, current, and complete information about yourself (all of which will be subject to our Privacy Policy. If you provide any information that is untrue, inaccurate, not current, or incomplete (or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete), we have the right to revoke your Access Credentials and suspend or terminate your access to and use of GuideTurbo.

You may cancel your account at any time, for any reason by sending us written notice of cancellation to GuideTurbo LLC , 1118 April Drive , Knoxville, TN 37919 or by email notice of cancellation to info@guideturbo.com.

Links to Third-party Sites

Relevant links to third-party websites may be provided as additional resources for users of GuideTurbo. However, we do not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither GT Entity, nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third-party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these Terms and our Privacy Policy do not apply to your activities on such third-party sites.

Content Posted on GuideTurbo by Third-party Content and Advertising Partners

Some of the content posted on GuideTurbo may be posted by third-parties and advertising partners ("Third-party Content") with whom we have relationships ("Content Providers"). You hereby acknowledge that (i) We are not responsible and disclaim any and all liability for any aspect of such Third-party Content, (ii) the Content Provider posting such Third-party Content on GuideTurbo is solely and exclusively responsible for such Third-party Content, (iii) we make no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) we cannot and do not guarantee that Third-party Content complies with these Terms.

Disclaimer

You acknowledge and agree that neither GT Entity nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted on GuideTurbo or provided in connection with the service, whether caused by users or any of the equipment or programming associated with or utilized in GuideTurbo or its service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or content; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software on account of technical problems, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the GuideTurbo. To the maximum extent allowed by applicable law, the gt entity provides GuideTurbo on an "as is" and "as available" basis without any warranties of any kind. We, to the fullest extent permitted by law, disclaim all warranties, whether express, implied, statutory or otherwise with respect to GuideTurbo (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Gt entity makes no warranties about the accuracy, availability, reliability, completeness, security, or timeliness of the content, services, software, text, graphics, and links. To the fullest extent possible by law, we do not warrant that GuideTurbo or any of our services will operate error-free or that GuideTurbo and its servers are free of computer viruses or other harmful mechanisms. If your use of GuideTurbo or the content results in the need for servicing or replacing equipment or data or any other costs, we are not responsible for those costs. You assume the entire cost necessary for you to access and use GuideTurbo.

The content of GuideTurbo is intended for informational purposes only, and should not in any way be construed as constituting medical, legal, professional, financial, or other advise of any kind. Gt entity makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through GuideTurbo. If you have specific concerns or a situation arises in which you require professional or medical advise, you should consult with an appropriately trained and qualified specialist. Any action or decision that you make regarding information offered or provided within or through GuideTurbo is entirely your own responsibility and is taken by you solely at your own risk.

Limitation of Liability Under no circumstances and under no legal theory, including, but not limited to, negligence, shall gt entity, our officers, subsidiaries, parent companies or affiliates be liable for any direct, indirect, incidental, special, punitive, consequential damages or otherwise that result from the use of, or the inability to use, the content and/or GuideTurbo even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any conduct of any user. If you are dissatisfied with any content available on GuideTurbo, or with these terms, your sole and exclusive remedy is to discontinue using GuideTurbo.

To the fullest extent possible by law, in no event shall gt entity, our subsidiaries and parent companies or affiliates and its employees be liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions or inaccuracies in GuideTurbo or any services or information available through GuideTurbo including loss or injury that results from your breach of any provision of these terms.

To the fullest extent possible by law, in no event shall gt entity or our directors, officers, employees, or agents be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business or loss of data) arising out of or in connection with your use of GuideTurbo or services available through GuideTurbo or these terms, regardless of the theory of liability, whether tort (including negligence), contract or any other legal or equitable theory.

Indemnity

You agree to defend, indemnify, and hold harmless GT Entity and its owners, principals, affiliates, subsidiaries, licensors and licensees, and their and our directors, officers, employees, contractors, and representatives from any and all liabilities, claims, judgments and expenses, including attorneys' and expert fees and court costs, that arise from (i) your use or misuse of GuideTurbo; (ii) your violation of these Terms (including any breach of your representations and warranties contained herein); (iii) your violation of any law or third-party right, including without limitation any third party's patent, copyright, trademark, privacy/publicity, or other proprietary rights; (iv) any claim that any content posted by you caused damage to a third party; and/or (v) any use or misuse of your Access Credentials. We will give you notice in the event of an indemnifiable event. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.

Termination

These Terms will remain in full force and effect while you are a user of GuideTurbo and may be terminated by us at any time with or without notice. In the event of termination, you are no longer authorized to use or access GuideTurbo. You hereby acknowledge that the restrictions imposed on you with respect to any content downloaded from GuideTurbo, the disclaimers and limitations of liabilities, your indemnification obligations, and your payment of any outstanding fees owed to us shall survive the termination of these Terms.

Additional Terms

Certain areas of GuideTurbo may be subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas. Additionally, certain services offered through GuideTurbo may also be subject to other contracts with us containing additional Terms. You agree to be bound by the additional Terms in any other contract you may have with us. In the case of any conflict between these Terms and any contract you have with us, the terms of your contract will prevail.

International Use

GuideTurbo is managed in the State of Tennessee, United States of America. We make no representation that content of, or any services or products available through, GuideTurbo are appropriate or available for use in locations outside the United States. Accessing GuideTurbo from territories where the GuideTurbo content is illegal is expressly prohibited. If you view and/or access GuideTurbo from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws

Deactivation of GuideTurbo

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, GuideTurbo, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of GuideTurbo, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate us to maintain and support GuideTurbo, or any part or portion thereof, during the term of these Terms Of Use.

Miscellaneous

Governing Law

You hereby agree that these Terms and your use of GuideTurbo shall be governed in all respects by the internal substantive laws of the State of Tennessee, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in Tennessee or Knox County, Tennessee, for all disputes, cases, and controversies regarding GuideTurbo, your use of GuideTurbo, and your relationship with us (except we may seek injunctive remedy anywhere).

Limitation on Claims

You and gt entity agree that any cause of action arising out of or related to these terms or your use of guideturbo must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. You agree not to bring or take part in a class action against gt entity. To the fullest extent possible by law, guideturbo’s maximum liability arising out of or in connection with GuideTurbo or your use of the content or services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed $100.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Severability

Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to your use of GuideTurbo and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Eligibility

You affirm that you are 18 or older and are fully able and competent to enter into and be legally bound by these Terms. You must be 18 years or older to access or use GuideTurbo in any manner. By accessing and using the GuideTurbo, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the Terms. If you use GuideTurbo, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

Assignment

These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.

Contact Information

If you have any questions regarding these Terms Of Use, you may write to us by postal mail at: GuideTurbo LLC , 1118 April Drive, Knoxville, TN 37919 .

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