These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
Transactly Inc, DBA 2TurnItOn, 117 S Main St #2F, St.Charles, MO 63301
Owner contact email: support@2turniton.com
Without prejudice to its role as a mere technical intermediary as described above, the Owner may provide additional services to either party of such interaction, such as providing packaging, shipping or facilitating dispute resolution.
This Website merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Owner therefore is not directly involved in any such interactions between Users.
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to the following:
Users can terminate their account and stop using the Service at any time by directly contacting the Owner at the contact details provided in this document.
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Website are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Website and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
The Owners provides various services to the Users of this Website. The term "Website" includes all websites and all software accessed Users.
The Website allows Users to register for various other products and services of third-parties, including, but not limited to, utility providers, energy providers, internet providers, home security providers, and moving services.
The product and service offerings made available for purchase by you through our Website (or 2TurnItOn.com) are made and offered by third-party product and service providers (“Providers”). When you purchase any product or service through our Website, you are contracting directly with each of the Providers that will be providing that product or service to you. 2TurnItOn.com facilitates your transaction with these Providers, and may receive compensation from Providers as a result of your purchase(s).
Users are not purchasing or ordering products or services from 2TurnItOn.com when you make a purchase through one of these Providers. Owner is not responsible for the performance of any of the Providers. Owner does not make any representation about the suitability for the information, software, products or service contained on this website or any of our services regarding Providers. All such information we provide to you regarding Providers is provided “as is” and “where is” without warranty of any kind, and you agree to determine your own suitability of any product or services made available to you before making a purchase from any of the Providers.
Owner hereby disclaims all warranties and conditions with regard to the Providers’ products and services, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our Services or with any delay or inability to use this website or our Services to obtain any information, perform research, or purchase from Providers; or otherwise arising out of our Services, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages.
Prices and availability of product and service offerings from Providers are subject to change without notice. We reserve the right to revoke any offering and to correct any errors, inaccuracies or omissions, which may occur. You have no obligation to use our Services or to contract with the Providers whose products and services are offered through our Services. Providers are not obligated to offer their products or services through our Website, and we may not make available through our Services all of the Providers products and services available to you.
Users of this Website agree to being contacted by phone, text message, and email by third parties who are also Users, affiliated third-parties of the Owner, and the Owner of this Website regarding products or services available at the address provided by the User.
Owner reserves the right to amend or otherwise modify these Terms and Conditions, as it solely deems appropriate. User's continued use of the Website will signify the User's acceptance of the revised Terms and Conditions.
Owner may terminate User's access to and use of Website, at its sole discretion, at any time and without notice to User if User is reasonably believed to have breached these Terms and Conditions.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of our Services.
You will indemnify and hold harmless the Owner and Owner's employees, Directors, Officers, independent contractors and third-party affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) you and your Authorized Users’ access to or use of the Services, Tools, or Content, (ii) your and any of your Authorized Users’ User Content, (iii) acts or omission of any of your Authorized Users, or (iv) your or your Authorized Users’ violation of these Terms or any applicable law.
NEITHER THE OWNER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND ANY SERVICES TO USERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TOUS FOR USE OF THE SERVICES OR CONTENT DURING THE THREE (3) MONTHS PRECEDING THE CLAIM FROM WHICH THE LIABILITY AROSE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Missouri, without regard to its conflict of laws provisions. Except as otherwise expressly set forth herein the exclusive jurisdiction for all Disputes (defined below) that you and the Transactly Parties are not required to arbitrate will be the state and federal courts located in St. Louis County, Missouri and the Eastern District of Missouri, and you and the Owner waive any objection to jurisdiction and venue in such courts.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and ConnectServices agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and ConnectServices are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and Conditions.
You may seek to resolve a Dispute in small claims court if it qualifies. We each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules.
If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in St. Louis County, Missouri we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You will pay for all filing, administration and arbitrator fees and expenses of your Dispute.
Class Action Waiver. USERS AND OWNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
If an arbitrator or court of competent jurisdiction decides that any part of these Terms and Conditions is invalid or unenforceable, the other parts of these Terms and Conditions will still apply.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the subjects hereof, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between us and you. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms and Conditions, including those regarding material modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You agree to designate one or more points of contact for notices, billing, and privacy and security issues (“Designated POC”). Your default Designated POC will be email as entered in your Account. It is your responsibility to ensure you deliver to us an accurate email address that can be responded to by someone capable of administering your account, as your Designated POC.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Transactly, Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms and Conditions are the complete agreement between Users and Owner, and they supersede and replace any and all previous agreements or verbal commitments.