Welcome to the Turbie Twist web site, owned and operated by Turbie Twist, LP and its affiliates (“Turbie Twist”). These Terms and Conditions of Use (“Terms and Conditions”) are the terms and conditions that control this web site (the "Site") and are the terms and conditions upon which you may access the information available herein.
Turbie Twist reserves the right to change these Terms and Conditions from time to time. Any changes to the Terms and Conditions will be in writing and posted on the Site. The date of the latest changes will be indicated at the top of the document. You are advised to check the Terms and Conditions periodically for updates. Continued use of this Site following the posting of changes will mean that you agree to be bound by these changes.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY TURBIE TWIST TO ACCESS OR OTHERWISE USE THIS SITE.
A user of this Site shall use information acquired through the Site solely for user's own informational purposes. Unless expressly provided in these Terms and Conditions, Turbie Twist does not grant any express or implied right(s) to you under any patent(s), copyright(s), trademark(s), or trade secret information through the Site. Accordingly, unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. All content (“Content”) included on this site, such as text, pdf files, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Turbie Twist and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Turbie Twist and protected by U.S. and international copyright laws. All software used on this site is the property of Turbie Twist or its software suppliers and protected by United States and international copyright laws. Content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is Copyrighted by Turbie Twist, LP 2008. All rights reserved. Limited permission to reproduce Content is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Content is for informational use only; (3) the Content is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text.
TURBIE TWIST and other marks indicated on the Site are registered trademarks of Turbie Twist in the United States and other countries. Turbie Twist's graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Turbie Twist. Turbie Twist's trademarks and trade dress may not be used in connection with any product or service that is not related to Turbie Twist in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Turbie Twist. All other trademarks not owned by Turbie Twist that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Turbie Twist.
Please see the Privacy Statement for this Site for a summary of Turbie Twist's personal data collection and use practices for the Site.
NON-CONFIDENTIAL, NON-PROPRIETARY COMMUNICATIONS.
ANY COMMUNICATION OF MATERIAL YOU TRANSMIT TO THE SITE BY ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. Anything you transmit or post may be used by Turbie Twist for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Turbie Twist is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto. The user of the Site is responsible in full for the content and accuracy of all information that he or she sends to Turbie Twist and for ensuring that the rights of third parties are not prejudiced.
Turbie Twist respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When Turbie Twist receives a reasonably detailed, written notification of an alleged copyright infringement, in conformity with requirements applicable to “Take-Down Notices” under the Digital Millennium Copyright Act (“DMCA”) with respect to Site content (including content posted by users), Turbie Twist will promptly investigate such allegation and/or remove or disable access to the allegedly infringing material. Turbie Twist will also terminate the accounts of or block repeat infringers as described below. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to Turbie Twist’s Designated Agent.
In accordance with the DMCA and other applicable law, Turbie Twist has adopted a policy of terminating or blocking, in appropriate circumstances and at Turbie Twist's sole discretion, users who are deemed to be repeat infringers. Turbie Twist may also at its sole discretion limit access to the Site, suspend and/or terminate the account of or block any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Sites.
This Site may provide hyperlinks to other sites on the Internet operated by third parties. Such other sites so linked have not been reviewed by Turbie Twist and are maintained by third parties over which Turbie Twist exercises no control. Turbie Twist expressly disclaims any responsibility for the i) content or accuracy of information contained on such linked sites or ii) quality of any product or service provided by or advertised by any linked site. Turbie Twist neither endorses nor makes any representation regarding any linked third party sites.
Events Beyond Turbie Twist’s Control.
Turbie Twist will use reasonable efforts to keep the Site available for your use; however, Turbie Twist cannot and will not be responsible for any loss or unavailability of the Site that results from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
ALL SUCH INFORMATION PRESENTED ON OR THROUGH THIS SITE IS PROVIDED 'AS IS' WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL TURBIE TWIST BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, EVEN IF TURBIE TWIST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Turbie Twist will endeavor to provide accurate and up-to-date information on the Site; however, because of time lags in synchronizing the information on the Site with data in other Turbie Twist information systems as well as any number of other factors, the information and services available on this Site may include inaccuracies or typographical errors. Turbie Twist reserves the right to amend or supplement the Site at any time and without prior notice. Turbie Twist will not be liable for problems arising out of the interaction between this Site and the local hardware and/or software you use to access the Site.
You agree with Turbie Twist that these Terms and Conditions shall be considered a contract governed by Pennsylvania law. Any disputes regarding these Terms and Conditions shall be heard by the state and federal courts located in Allegheny County, Pennsylvania, USA, and each party consents to the exclusive jurisdiction of such courts. The content found on this Site is controlled and published on this Site by Turbie Twist from its offices in Butler, Pennsylvania, U.S.A. Turbie Twist makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.