Bookmark and Share

Terms and Conditions

Terms of Use
THESE TERMS OF USE ARE INTENDED AS A LEGALLY-BINDING AGREEMENT ("this Agreement") between you and Turgeon Communications LLC ("Turgeon Communications" or "us"). As used in this Agreement, “you” and “your” refers to the individual and/or entity visiting or registering to use this Web site (the “Site”) provided by Turgeon Communications LLC and its licensors and other suppliers (collectively, “providers”).
 

1. YOUR REPRESENTATIONS
1.1. If you are an individual, you represent and warrant that you are 18 years old or older.
1.2. If you are entering into this Agreement on behalf of a corporation, partnership, or other organization having its own legal existence, you represent and warrant, on its behalf, that the organization (A) has been duly formed, (B) is in good standing in all jurisdictions where it is required to be so, and (C) has all necessary legal authority and power to enter into this Agreement.
1.3. You certify that all registration information you have provided to Turgeon Communications is complete and accurate in all material respects. If Turgeon Communications ever has grounds to suspect otherwise, Turgeon Communications may in its discretion suspend your access to the Site until the issue is cleared up.
 

2. CONTENT; SECURITY
2.1. All content and other intellectual property made available to you by Turgeon Communications (other than your own) is the property of Turgeon Communications or its providers; you may not claim ownership of any of it.
2.2. As between you and Turgeon Communications you are solely responsible for the content of any information you send to, or store on, the Site. You will defend and indemnity Turgeon Communications and its officers, directors, and employees from any third-party claim of any nature concerning such content, including without limitation any claim of infringement, misappropriation, or defamation.
2.3. Turgeon Communications may in its discretion remove or block access to any content you upload to the Site that Turgeon Communications deems inappropriate in its discretion. Turgeon Communications does not undertake to police uploaded content, however.
2.4. Turgeon Communications will endeavor to keep the Site up to date, but you acknowledge that the information may not always be up to date.
2.5. You agree that Turgeon Communications may collect, store, use, compile, modify, translate, and/or disclose information you provide to Turgeon Communications as stated in the Turgeon Communications privacy policy or as required by law.
2.6. You agree to notify Turgeon Communications promptly if you suspect that someone else has obtained access to your user ID or password, or that a breach of security at the Site has occurred, is about to occur, or is being planned.
2.7. Except as stated in this Agreement or in the Turgeon Communications policy it is your responsibility, not Turgeon Communications', to protect your password and any legal rights you may have in information you provide to the Site. If you should ever disclose your password to anyone else, you are solely responsible for all activities on or using the Site that result, even if you did not authorize them.
2.8. Turgeon Communications will make reasonable efforts to help you reset a lost password, but is not responsible for any harm you may suffer if unable to do so and as a result you cannot access your stored information.


3. SITE POLICIES
3.1. You agree to abide by all acceptable-usage policies and procedures that Turgeon Communications may promulgate from time to time for the Site.
3.2. You agree to comply with all applicable laws in your use of the Site.


4. RESTRICTIONS
4.1. Wherever this Agreement prohibits or restricts you from doing something, you are also prohibited or restricted from attempting to do it and from inducing, soliciting, permitting, or knowingly assisting anyone else to do so, whether for your benefit or otherwise.
4.2. You may not resell access to the Site to anyone else.
4.3. You may not let someone else access or use the Site under your user name.
4.4. You may not disassemble, decompile, or otherwise reverse-engineer the Site or the software used to provide it.
4.5. You may not make or distribute copies of, or create derivative works based on, any content provided via the Site, other than your own content or as expressly authorized in writing by Turgeon Communications or other owner of the content.


4.6. Without limiting your other obligations under this Agreement, you may not use the Site in an unreasonable manner. For purposes of illustration, an agreed, non-exhaustive list of actions that are conclusively deemed to be unreasonable is set forth below:


• interfering with others' use of the Site.
• accessing anyone else's information stored on the Site.
• using someone else's user name and password to access the Site.
• probing or attempting to breach the security measures of the Site or any network associated with it.
• seeking to trace any information about, or owned by, any other user of the Site, including but not limited to personal identifying information and financial information.
• taking any action that unreasonably burdens the Site, any network associated with it, or any other network associated with Turgeon Communications.
• engaging in “spoofing,” for example, disguising the origin of any transmission you send to Turgeon Communications via the Site or any network associated with it.
• transmitting any communication that is deceptive, defamatory, fraudulent, harassing, invasive of another’s privacy, malicious, obscene, spam, or threatening.
• using a bot, screen scraper, Web crawler, or any other method to access the Site or any content stored at the Site, other than the user interface provided by Turgeon Communications.
• harvesting email addresses from the Site.
• impersonating anyone else in connection with the Site.
• pretending to represent another individual or entity in connection with the Site.
• infringing someone else’s copyright, trademark, trade secret, or other intellectual property right.
• exporting or re-exporting goods or technical data in violation of law.
• knowingly using the Site to transmit or store any of the following:
o viruses, Trojan horses, bots, crawlers, keystroke recorders, or other malware of any kind;
o information owned by someone else without their permission;
o information used or intended to be used in any unlawful manner, in connection with any unlawful purpose, or in any manner that could expose Turgeon Communications to a risk of liability;
o information that violates any other acceptable-usage policy that Turgeon Communications may publish from time to time.


5. WARRANTY DISCLAIMER
5.1. Except as may be otherwise provided in this Agreement, THE SITE IS PROVIDED "AS IS, WITH ALL FAULTS"; TURGEON COMMUNICATIONS DISCLAIMS, FOR ITSELF AND ITS SUPPLIERS, all representations, warranties, duties, and conditions not expressly stated in this Agreement (or in a document expressly incorporated by reference herein).
5.2. The foregoing disclaimer includes, for example, any implied warranties (as opposed to express warranties stated in this Agreement) of: • merchantability; • fitness for a particular purpose; • quiet enjoyment; • title; • noninfringement.
5.3. Turgeon Communications does not warrant that the Site will be error free; will meet your needs; or will operate without interruption.
5.4. Turgeon Communications stores information provided by you (recipes, meal selections, etc.) solely as a convenience; you acknowledge that Turgeon Communications is not responsible and has no liability for any loss of such information.
5.5. No sales representative, reseller, dealer or other person, other than an officer of Turgeon Communications, is authorized to make, add to, modify, or extend any warranty on behalf of Turgeon Communications.


6. LIMITATIONS OF LIABILITY
6.1. Except as provided by law, or otherwise agreed in writing, NEITHER TURGEON COMMUNICATIONS NOR ITS AFFILIATES NOR THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR SHAREHOLDERS OF ANY OF THEM, WILL BE LIABLE FOR, AND YOU AGREE NOT TO SEEK FROM ANY OF THEM, consequential, indirect, special, punitive, exemplary, or similar damages arising out of or relating to breach of this Agreement, whether in contract, tort, or otherwise, even if the putatively-liable party has been advised of the possibility of such damages.
6.2. Except as provided by law, or otherwise agreed in writing, THE AGGREGATE LIABILITY OF TURGEON COMMUNICATIONS AND ITS AFFILIATES AND THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR SHAREHOLDERS OF EACH OF THEM, arising out of or relating to breach of this Agreement or your use of the Site, SHALL NOT EXCEED, and in respect thereof you agree not to seek damages or other compensation, including recovery of attorney fees and expenses if applicable, in excess of the sum of FIFTY DOLLARS (US$50.00).
6.3. The parties specifically agree, as part of their overall agreed allocation of risk, that each remedy limitation of this Agreement is to be enforced: (A) to the maximum extent permitted by applicable law; (B) independently of any other applicable remedy limitation, even if a particular remedy is held to have failed of its essential purpose; and (C) independently of any warranty-disclaimer provisions of this Agreement.
6.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. In those jurisdictions, some of the above disclaimers and limitations might not apply to you.


7. AMENDMENTS & MODIFICATIONS
7.1. Turgeon Communications reserves the right, at any time it deems appropriate, to modify the Site, with or without notice to you.
7.2. This Agreement will govern any new features or enhancements to the Site that Turgeon Communications may release from time to time (in its sole discretion) unless Turgeon Communications elects to release them under a separate agreement.
7.3. Turgeon Communications may amend this Agreement from time to time. If you do not wish to agree to an amendment to this Agreement, YOUR SOLE REMEDY IS TO CEASE USING THE SITE. If you continue to use the Site, the amended Agreement will control.


8. BREACH; DISPUTES
8.1. If you breach this Agreement, Turgeon Communications reserves the right to suspend and/or terminate your access to the Site. By way of example and not of limitation, pursuant to the safe-harbor provisions of the Digital Millennium Copyright Act (DMCA), if Turgeon Communications concludes that you have infringed the intellectual property rights (for example, copyrights, trademarks, patents, rights in confidential information) of Turgeon Communications or its providers, or that you are inducing, permitting, or knowingly assisting others to do so, Turgeon Communications has the right, in addition to any other remedies available by law, to terminate your access to use the Site.
8.2. Turgeon Communications is not responsible for any loss or damage you may incur that arises from your violation of this Agreement.
8.3. All disputes arising out of or relating to this Agreement, or its interpretation, validity, or enforcement, are to be decided in accordance with the laws of the United States of America and the State of Rhode Island, without regard to its choice-of-law rules.
8.4. The courts having subject-matter jurisdiction in Barrington, RI, USA will have jurisdiction of any dispute not required by this Agreement to be decided by arbitration. Each party consents to, and agrees not to contest, personal jurisdiction in such courts. The jurisdiction of the above-named courts is exclusive; each party agrees not to contest venue there and waives any claim of inconvenient venue.
8.5. Any claim under this Agreement, in any forum, must be commenced within one year after accrual of the claim.
8.6. In any dispute, at either party's request the parties will jointly consult an experienced, knowledgeable, neutral individual, informally and in confidence, for non-binding advice as to what would constitute a responsible resolution of the dispute. Any procedural disagreement concerning the consultation will be resolved by reference to the Early Neutral Evaluation Procedures of the American Arbitration Association (AAA) then in effect, to the extent not inconsistent with this Agreement.


9. OTHER PROVISIONS
9.1. You agree to notify Turgeon Communications promptly if your email address or other contact information has changed.
9.2. Turgeon Communications may give any notice under this Agreement (i) by making it available on its Web site and displaying a suitable advisory on the site while you are accessing it, or (ii) sending you an email to the address you have listed in Turgeon Communications' records. All other notices required or permitted by this Agreement: • must be in writing; • must be marked for the attention of a specific individual or position; and • are effective when received or refused by that individual or position as shown for example by delivery-service confirmation or an email "delivered" or "read" confirmation message.
9.3. If a court or other authority issues a ruling or order, or a legislative or administrative body enacts a statute, regulation, or interpretation, and Turgeon Communications concludes that an aspect of the Site or of this Agreement may be in conflict therewith, then Turgeon Communications reserves the right to suspend or terminate all or any relevant aspect of the Site.
9.4. This Agreement is the final, complete, exclusive, and binding statement of the terms and conditions governing your use of the Site; it supersedes any prior or contemporaneous communications between you and Turgeon Communications in that regard. In entering into this Agreement, neither party is relying on any promises, warranties, or representations by the other party that are not stated in (or expressly incorporated by reference into) this Agreement.
9.5. Other or additional terms and conditions may apply to specific portions or features of the Site; in case of a conflict between them and this Agreement, the former will control, but only as to your use of the relevant portion or feature.
9.6. If any provision of this Agreement is held to be invalid, void, unenforceable, or otherwise defective by a tribunal of competent jurisdiction, then (i) all other provisions will remain enforceable, and (ii) such provision will be deemed modified to the minimum extent necessary to cure the defect.
9.7. A waiver by either party of a particular condition, right, or obligation arising under this Agreement (A) is to be given effect only if it is expressly stated in a document signed by that party, and (B) is to be strictly construed.


10. DIGITAL MILLENNIUM COPYRIGHT ACT CONTACT INFORMATION
10.1. For reporting a possible infringement of your copyright by a user of the Site, the contact information is: Turgeon Communications LLC, Attention: DMCA Designated Contact, 20 Charles St., Barrington, RI 02806.