TERMS OF USE

Acceptance of the Terms of Use.

Welcome to the website of TurboComp LLC. Throughout our Website, the terms “TurboComp”, “Company”, “we”, “us”, and “our” all refer to TurboComp LLC. The term “our Website” refers collectively to https://www.turbocomp.net as well as to all information, content, functionality, products, and applications available on or through https://www.turbocomp.net. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our Website. Please read these Terms of Use carefully. By accessing or using any part of our Website, you accept, agree to abide by, and agree to be bound by these Terms of Use in their entirety. If you do not agree to all the terms and conditions contained in these Terms of Use, then you may not access our Website or use any of its information, content, or products. These Terms of Use apply to all users of our Website, including but not limited to users who are browsers, vendors, customers, merchants, contributors of content, or otherwise. 

Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Access to our Website.

From time to time, we may restrict user access to some parts of our Website, or the entire Website, without notice. We will not be liable if for any reason all or any part of our Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Website and for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and comply with them. To complete a transaction, you will be asked to provide certain information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current and complete.

Intellectual Property Rights.

Our Website and its entire contents, features and functionality (including but not limited to all information, content, text, displays, images, software, products, applications, video, and audio, and the design, selection and arrangement thereof), are owned by TurboComp, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. No right, title or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by TurboComp. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. The name TurboComp, its logo, and all related names, logos, product and service names, designs and slogans, are trademarks of TurboComp or its affiliates or licensors.

Restrictions on Reproduction and Resale.

You are permitted to store and duplicate files purchased from our Website on a registered device per the terms of a valid license agreement, but not on any unregistered device or in violation of the terms of a license agreement. You are permitted to store and duplicate files offered for free download on our Website, on any device, for personal use only. You agree not to store, duplicate, reproduce, or transmit any other products or information from our Website without prior express written permission from TurboComp. Without exception, you agree not to sell, resell, exploit, distribute, republish, or create derivative works of any files, products, or information available on our Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Website in breach of the Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Prohibited Uses.

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using our Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website, its products, any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Website, its products, any related website, other websites, or the Internet. You agree to indemnify, defend and hold harmless TurboComp and its members, employees, agents, affiliates, partners, licensors, and service providers, from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

No Attorney-Client Relationship Created.

You agree that all products and information available on our Website are offered for general informational purposes only. Products and information available on our Website are not a substitute for professional legal advice. You agree that the use of such products and information does not create an attorney-client relationship, and that information in our Website and products shall not under any circumstances be construed as legal advice, legal services, or a solicitation to offer legal advice or legal services. Users are strongly advised to consult with a licensed attorney experienced in workers’ compensation law before using the products and information available in our Website. 

License Agreement.

Certain products purchased through our Website are subject to and governed by the terms and conditions of a separate License Agreement, which is incorporated herein by reference. Products purchased subject to a License Agreement may only be used in accordance with the terms of the License Agreement.

LIMITATION OF LIABILITY.

ANY USER OF OUR WEBSITE OR OF ANY INFORMATION, PRODUCT, OR APPLICATION AVAILABLE THROUGH OUR WEBSITE ASSUMES ALL RISK AND LIABILITY RESULTING FROM SUCH USE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. IN NO EVENT WILL TURBOCOMP OR ANY OF ITS MEMBERS, EMPLOYEES, AGENTS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR TO A THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT, ERRORS, OR OMISSIONS ON OUR WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO WARRANTIES EXPRESS OR IMPLIED.

YOUR USE OF OUR WEBSITE AND PRODUCTS IS STRICTLY AT YOUR OWN RISK. OUR WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE, PRODUCTS, OR INFORMATION CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITE, PRODUCTS, OR ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE, PRODUCTS, AND ANY INFORMATION CONTAINED THEREIN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Furthermore, you understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Errors, Inaccuracies, and Omissions.

It is our goal to provide information that is as accurate and current as possible, but it is impossible for us to guarantee the accuracy, timeliness, completeness, or usefulness of such information. The accuracy of output data produced by our products is directly affected by factors we have no control over, such as the accuracy of the input data entered into the products by the user, how that data is entered by the user, and how results are interpreted by the user. Occasionally there may be information on our Website or in our products that contains typographical errors, inaccuracies or omissions, or information that is no longer current. TurboComp disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of our Website or products, or by anyone who may be informed of any of their contents.

Products and Services Subject to Change.

Prices for our products and services are subject to change without notice. We reserve the right to modify, discontinue, or cancel products, services, and orders (or any part or content thereof) at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, discontinuance, or cancellation of products, services, or orders. We reserve the right to refuse products or services to anyone for any reason at any time. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our products, violate any laws in your jurisdiction (including but not limited to copyright laws). You shall not transmit any worms or viruses or any code of a destructive nature. TurboComp reserves the right to change any information on our Website including but not limited to revising or deleting features or other information, without prior notice. The content presented on our Website may vary depending upon your browser limitations.

Third Party Links.

Clicking on certain links within our Website might take you to other websites for which TurboComp assumes no responsibility. You acknowledge and agree that TurboComp and its members, employees, assigns, and affiliates have no responsibility for the content, accuracy, or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by TurboComp of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Nonproprietary Communications.

Other than payment information, which will always be encrypted and secured, you agree that any communications or material that you e-mail, transmit, or otherwise share with TurboComp, including data, questions, comments, reviews, or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, you agree that TurboComp is free to use any comments, reviews, ideas, concepts, or techniques contained in your Communications for any purpose, including but not limited to developing and marketing products using such information, without compensation to you. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead TurboComp as to your identity.

Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In the event that any portion of any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use; such determination shall not affect the validity and enforceability of any other remaining provisions. Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Governing Law and Jurisdiction.

All matters relating to our Website and products, these Terms of Use, and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Contact Information.

This website is operated by TurboComp LLC, Lexington, KY. All notices, comments, feedback, requests for technical support and other communications relating to our Website and products should be directed to: pcoolen@turbocomp.net. We appreciate your business and thank you for visiting our Website.