TURBO TERMS AND CONDITIONS
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU ON ONE HAND, AND TURBO SOCIAL MEDIA, INC. AND ITS AFFILIATES ON THE OTHER (“TURBO”).
SECTION 11 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 11 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 11 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
By accessing or using this website (“Website”) in any way or accessing or using any information, services, features or resources available or enabled via the Website or Software (each, a “Service” and collectively, the “Services”)), clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that: (1) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through the Services; (2) you are over 16; and (3) you have the authority to enter into the Agreement personally. The terms “you,” “user” and “users” refer to all individuals and other persons who access or use the Website and/or Services. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Website or the Services.
Subject to Section 11(h) of this Agreement, Turbo reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
- No Recommendations or Medical Advice
Turbo provides marketing services to independent health and wellness providers (“Providers”). Turbo does not offer advice regarding the quality or suitability of any particular Provider for specific treatments or health conditions, and no information on this Site should be construed as health or medical advice. The Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Provider.
2. User Representations and Warranties
By using the Website or Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. Your participation is for your sole, personal use. When using the Website or Services, you agree to comply with all applicable laws, including those of the country, state and city in which you are present while using the Services.
By using the Website or Services, you agree that:
a) You will only use the Website or Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
b) You will not use the Website or Services to cause nuisance, annoyance or inconvenience.
c) You will not use the Website or Services, or any content accessible through the Website or Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Providers.
d) You will not copy or distribute any content displayed through the Services.
e) You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
f) The information you provide to us or otherwise communicate with us is accurate.
g) You will not use the Website or Services in any way that could damage, disable, overburden or impair any Turbo server, or the networks connected to any Turbo server.
h) You will not attempt to gain unauthorized access to any part of the Website and/or to any service, account, resource, computer system and/or network connected to any Turbo server.
i) You will not deep-link to the Website or access the Website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Website or any content on the Website.
j) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Website or Services.
3. User Submissions and Content
Turbo may provide you with interactive opportunities through the Services. You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant Turbo a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Turbo’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you, except as otherwise required by law.
Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Turbo through its suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that Turbo has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Turbo a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.
Ratings and Reviews. To the extent that you are asked to rate and post reviews of Providers (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Turbo and do not represent the views of Turbo or its affiliates. Turbo does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews.
- Intellectual Property Ownership
Turbo (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website or the Services, or any intellectual property rights owned by Turbo. Turbo name, Turbo logo, and the product names associated with the Website or the Services are trademarks of Turbo or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or the Services.
- Promotional Offers
Some of the promotional offers shown on our website or through our Services are from our independent health and wellness Providers. For these promotional offers, please contact the Providers directly if you have questions or concerns about the promotion. The Providers are responsible for the content and accuracy of their promotions.
- Third-Party Interactions
The Website or Services may contain links to third-party websites and advertisements (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website or Advertisement, Turbo will not warn you that you have left Turbo’s Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Turbo. Turbo is not responsible for any Third-Party Websites or any Third-Party Advertisements. Turbo does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to indemnify and hold harmless Turbo and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Website or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Website or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Turbo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Turbo in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website or Services.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE OR SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TURBO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR SERVICES, OR THE SERVICES, TEXT, GRAPHICS OR LINKS.
TURBO DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TURBO SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
- Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL TURBO BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, TURBO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TURBO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY TURBO, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. CLIENT ACKNOWLEDGES THAT THE WEBSITE (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY TURBO IN CONNECTION WITH THE WEBSITE) ARE PROVIDED “AS IS” AND THAT TURBO MAKES NO WARRANTY THAT THE TURBO WEB SITE WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED.
- Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TURBO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
- Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a consumer of our Services, to any advertising or marketing communications regarding Turbo or the Services, to any products or services sold or distributed through the Services that you received as a consumer of our Services, or to any aspect of your relationship or transactions with Turbo as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Turbo may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
IF YOU AGREE TO ARBITRATION WITH TURBO, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST TURBO IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
b) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 8605 Santa Monica Blvd #58582
Los Angeles, CA 90069. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, Turbo will pay them for you. In addition, Turbo will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
c) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Turbo. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Turbo.
d) Waiver of Jury Trial. YOU AND TURBO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Turbo are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 11(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
e) Waiver of Class or Consolidated Actions. YOU AND TURBO AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Turbo is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 12.
f) Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Turbo can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Turbo in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to :[email protected] . If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
g) This Arbitration Agreement will survive any termination of your relationship with Turbo.
h) Notwithstanding any provision in the Agreement to the contrary, we agree that if Turbo makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Turbo.
12. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Turbo agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in Orange County, California, or in federal court for the Santa Ana division of the Central District of California.
At its sole discretion, Turbo may modify or discontinue the Website or Service, or may modify, suspend or terminate your access to the Website or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Website or the Service, Turbo reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Website or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Turbo or any third party provider as a result of this Agreement or use of the Website or Services.
b) Choice of Law. This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
c) Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
d) Electronic Communications. For contractual purposes, you (1) consent to receive communications from Turbo in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Turbo provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
e) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
15. Contact Information
8605 Santa Monica Blvd #58582
Los Angeles, CA 90069