Terms of Use

Last updated March 2, 2015

These Terms of Use apply to this website and all services provided through this website (collectively, the “Service”). Turnkey Risk Solutions, LLC, the operator of this website (“we”, “us” or “Turnkey”), provides these Terms of Use to notify you of the rules and conditions that apply to your use of this website.  Any other rules you encounter elsewhere while using the Service are incorporated by reference into these Terms of Use.  We refer to our employees, directors, officers, contractors, equity owners, parents, subsidiaries and agents as our “affiliates” throughout these Terms of Use.

The Service may include different types of profiles or accounts.  If you open an account on behalf of a company, organization or other entity, then “you” includes you and that entity; and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use.  

As a condition of your right to use and contribute to the Service, you represent that you are a U.S. resident over the age of 18.  Turnkey makes no claims that the content of the Service may be lawfully viewed or downloaded outside of the United States.  Access to the content may not be legal by certain persons or in certain countries.  If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 

By using the Service, you agree to the Terms of Use.  We may revise these Terms of Use at any time without notice.  By using the Service after changes have been made, you acknowledge and accept those changes.

Privacy Policy

Our Privacy Policy describes the information we collect from you and other users of the Service and how we use the information.  Our Privacy Policy is part of these Terms of Use.  

Modifications

We reserve the right to modify or discontinue the Service at any time without notice to you, and we will have no liability to you if we do so.  

Proprietary Information 

The material and content accessible from or through the Service, such as text, graphics, images, and videos, is the proprietary information of Turnkey and is protected by copyright.  It may not be copied, reproduced, distributed, republished, modified, uploaded, posted, transmitted or exploited in any way without the prior written consent of Turnkey.  Neither title nor intellectual property rights are transferred to any user by access to the Service.  Trademarks, service marks and logos appearing in the Service are the property of their respective owners.  We or other trademark owners retain all rights with respect to any of our respective trademarks, service marks and logos used in connection with the Service.  

User Account

In connection with the Service, you may be asked to provide certain registration details or other information.  It is your responsibility to provide accurate and complete information and you agree that you will update it as needed.  You accept responsibility for all activities that occur under your account, including any unauthorized use.  

Content Submitted by Users

Any content uploaded, posted, submitted, or otherwise made available by users of the Service, or other Content which does not originate with Turnkey (“User Content”), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will Turnkey be liable in any way for any User Content made available through this Service by you or any third party.  We do not verify and we make no representation or warranty as to the accuracy of any User Content.  User Content is not deemed confidential.

By making User Content available through the Service, you grant us and our affiliates an irrevocable, nonexclusive, royalty-free, transferrable, sub-licensable and perpetual worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.

Links

The Service may contain links to other websites not maintained by us to provide you with further information or that may be included in User Content. We are not responsible for the practices or the content of such other websites or services, and they are governed by separate terms of use. We do not endorse and are not affiliated with such third parties.

Prohibited Activities

The Service may be used only for lawful purposes.  We specifically prohibit any use of the Service, and you agree not to use the Service, for any of the following: 

  • Submitting any incomplete, false or inaccurate information or information which is not your own.
  • Deleting or revising any material submitted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.
  • Taking any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure.
  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate the Service.
  • Attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way a part of the Service.
  • If you have a password allowing access to a non-public area of the Website, disclosing to, or sharing your password with, any third parties or using your password for any unauthorized purpose. 

Feedback

By submitting any comments, ideas or feedback about the Service, including without limitation about how to improve the Service, you agree that your disclosure is gratuitous, unsolicited and without restriction, your disclosure will not place Turnkey under any fiduciary or other obligation, and we are free to use, disclose and otherwise exploit your disclosure without any compensation to you. 

Security 

Users are prohibited from violating or attempting to violate the security of the Service, including without limitation (a) accessing or attempting to access data not intended for such user or logging into or attempting to log into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures, or (c) interfering or attempting to interfere with service to any user, host or network.  

Claims of Copyright Infringement

If you find content on the Service that you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, please contact our Copyright Agent in writing to report the infringement.  Please include a statement containing at a minimum the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, 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;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If material that you have posted to the Service has been removed or disabled, you may file a counter notice under the DMCA. To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

  • A physical or electronic signature of the subscriber;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Turnkey may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

Please send all DMCA notices and counter notices to the address below or email us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Turnkey Risk Solution LLC
100 Commerce Drive, Suite 106
Newark, DE 19713

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMITTED BY LAW, TURNKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE USE THEREOF, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  TURNKEY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND ASSUMES NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE OR LOSS OF ACCESS TO THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.  YOU UNDERSTAND THAT YOU USE THE SERVICE AT YOUR OWN RISK.  WE MAY PERMANENTLY OR TEMPORARILY TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICE FOR ANY REASON OR FOR NO REASON, WITHOUT NOTICE OR LIABILITY TO YOU.

Limitation of Liability

IN NO EVENT SHALL TURNKEY, ITS EMPLOYEES, DIRECTORS, OFFICERS, EQUITY OWNERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) RESULTING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE USER SPECIFICALLY ACKNOWLEDGES THAT TURNKEY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS INVALID, ILLEGAL OR UNENFORCEABLE, THEN THE AGGREGATE LIABILITY OF TURNKEY AND OUR AFFILIATES UNDER SUCH CIRCUMSTANCES TO YOU OR TO ANYONE ELSE WILL NOT EXCEED ONE HUNDRED DOLLARS.  

SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED BY THE LAWS OF YOUR JURISDICTION.

Indemnification

You agree to indemnify, defend and hold us and our affiliates for all claims, losses, damages, liabilities, costs, charges and expenses, including reasonable attorneys fees, that we may incur as a result of your use of the Service, your breach of the Terms of Use, infringement of the intellectual property or proprietary rights of a third party or otherwise relating to User Content that you submit or obtain through the Service, actions taken by you or in any way relating to your conduct with any other user.  

Severability; Waiver

In the event that any portion of these Terms of Use is held to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect.  Our failure to partially or fully exercise our rights or our waiver of any breach of these Terms of Use shall not prevent a subsequent exercise of our rights or be deemed or waiver of any subsequent breach.

Disputes

The Terms of Use are governed by the laws of the State of Delaware and any disputes relating to these Terms of Use or use of the Service will be resolved in the Federal or state courts in the State of Delaware.  You agree to submit to personal jurisdiction and venue of the federal and state courts located in New Castle County, Delaware.  Any action must be brought within one (1) year after the cause of action arose; otherwise, the cause of action is permanently barred.

Entire Agreement

Except as specifically provided in a written agreement signed by an authorized representative of Turnkey, the Terms of Use, including the Privacy Policy, constitute the entire agreement between Turnkey and its users, and the sections binding upon users will continue to so bind users notwithstanding the termination of a user’s access.  No changes to these Terms of Use shall be made except by a revised posting on this page.  The Terms of Use do not constitute any partnership, joint venture, or other relationship other than as expressly stated herein. No prior agreements, discussions or understandings, whether oral or written, including, without limitation, past versions of these Terms of Use, will be binding upon Turnkey.