TURN TECHNOLOGIES, INC.
Effective Date: November 12, 2020
Turn Technologies Inc. (“Turn,” “we,” “us,” or “our”) provides the content, worker screening, worker sourcing, or other products and services (“Services”) available at www.turning.io, Turn mobile application, via application programming interfaces, and any other technology or tools offered by Turn via any other platforms (“Sites”), owned or operated, by Turn.
The Sites and Services provide a platform emerging and established companies across multiple industries who have contracted to use or test Turn’s Services (“Partners”) to procure Consumer reports, as defined in Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq (“FCRA”) and/or Investigative Consumer Reports as defined under the Investigative Consumer Reporting Agencies Act (“ICRAA”), California Civil Code Sections 1786 et seq (“consumer report” or “reports”), for independent contractors, agents, volunteers, or other contingent workers, (“Workers,” “Consumers,” or “you”) for employment purposes.
Turn also provides a Worker Sourcing platform that allows its Partners to access a network of Workers to provide services. Workers have access to the Sites to receive and review invitations to provide services to Partners and to determine their interest in and availability to respond to such requests.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
We reserve the right to update this Agreement at any time. Any changes are effective immediately upon posting to the www.turning.io. The most recent version of this Agreement is the version that applies.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS OUR SITES OR SERVICES.
1.1. You may only use our Sites and Services if you can form a legally binding contract under applicable law. Our Services are unavailable to minors (people under the age of 18) or to those who have had their account temporarily or permanently deactivated. If you are under 13 years old, the Sites and Services are not directed to children under 13 years old, and you may not provide personal information to us or register on the Sites.
1.2. You must register for and maintain an active personal user account to use most aspects of our Services. Account registration requires you to submit certain personal information, such as your name, email addresses, and mobile number. In return for using our Services, you agree to (i) provide true, accurate, current and complete account information, and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. We have the right to block your current or future use of the Sites ifyou provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that the information is false, inaccurate, not current or incomplete. You may only have one account unless otherwise permitted by us in writing.
1.3. You are responsible for maintaining the confidentiality and security of your account and for all activities or any other actions that occur under, or someone takes in connection with your account or password. You agree to (i)immediately notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (ii) ensure that you exit from your account at the end of each session. Turn will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (i) and (ii) or for any acts or omissions by you or someone else using your account.
1.4.These terms apply to your use of the Services, including but not limited to: applying for, updating, and managing your consumer report(s) and related documentation; obtaining status information regarding reports; Turn’s processes for generating reports and resolving potential inaccuracies; requesting a copy of your consumer file; and/or any disputes relating to your consumer report; and seeking work opportunities with Partners seeking to
provide services. Your access to, review of, and/or use of the Sites and Services is conditioned on your acceptance of and compliance with these Terms.
1.5. Authorization to Transfer Funds. Certain services Turn provides require your authorization in order to initiate the transfer of funds. These fund transfers may be ACH credit or debit. You agree to authorize Turn to initiate the transfer of funds. It is your responsibility to ensure that there are sufficient funds in your bank account for the fund transfer activity initiated by Turn. If there are not sufficient funds, Turn may choose to decline or cancel the request to transfer funds. Turn is not responsible for any associated fees assessed by your bank, including, but not limited to, overdraft fees.
1.6. If you choose to participate in any additional Services, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such additional Services, and such additional terms are incorporated herein by reference.
2.1. Except for your Information (as defined below), the Services and everything on them, from text to photos to videos to graphics and software (collectively, the “content”) are owned by or licensed to Turn. The Services and the content are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Services and except for the trademarks, service marks, logos and trade names of other companies we display on the Sites, all trademarks, service marks, logos, trade dress, and trade names are proprietary to Turn, including but not limited to the TURN logo; and the www.turning.io trade dress. Turn will enforce its intellectual property rights to the fullest extent of the law.
2.2. We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites or the content for your personal use as expressly permitted by these terms, all applicable intellectual property laws, and any Updated or Additional Terms (as defined below). Any other use of the Sites or the content is strictly prohibited, and you may not copy, republish, upload, post, transmit, distribute or modify the Materials without our express written permission. You should not interpret any language on the Sites as us granting you a license or right to use the Materials or third-party proprietary content without our express written permission or that of the relevant third-party owner. You also may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce to a human-perceivable form any software that you download from the Sites.
Written consent. You may not do any of the following, or allow any third party to do any of the following:
4.2. IN CONSIDERATION OF YOUR USE OF TURN’S SERVICES YOU GRANT TURN A NON-EXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, TRANSFERABLE, SUB-LICENSABLE (THROUGH MULTIPLE TIERS) RIGHT AND LICENSE TO EXERCISE THE COPYRIGHT, PUBLICITY, AND DATABASE RIGHTS YOU HAVE IN YOUR INFORMATION, AND TO USE, COPY, PERFORM, DISPLAY AND DISTRIBUTE SUCH INFORMATION TO PREPARE DERIVATIVE WORKS, OR INCORPORATE INTO OTHER WORKS, OR INTO ANY MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN.
4.3. Turn does not assert any ownership rights over your Information; rather, as between you and Turn, you retain full ownership of all of your Information and any intellectual property rights or other rights associated with your Information.
4.4. Partners may invite you to submit a background check application to Turn for the purpose of procuring a consumer report for employment purposes. By submitting a background check application with Turn, you agree to create a Worker profile in the Worker Sourcing marketplace. You may direct Turn to connect with Partners on their behalf in order to be considered by Partners to provide services. Workers have access to the Sites to receive and review invitations to provide services to Partners and to determine their interest in and availability to respond to such requests. Partners may also invite you to be screened as a precondition to provide services. Only with your consent will your information be shared with Partners.
5. Turn Communications
As consideration for using our Services, you consent to receive communications from us, including via email, text, facsimile, voice and push notifications, in order to keep you informed about the Services and Sourcing. You expressly consent to receive text messages, faxes, telephone calls or prerecorded messages generated by automatic telephone dialing systems or
other technologies. SMS text messages are for informational purposes only. While messages and notifications are intended to enhance your use of the Services, you may (1) disable push notifications on your device, and/or (2) reply “STOP” to remove yourself from our text message database. Depending on your current carrier plan, you may incur charges for these messages and notifications and agree to not hold Turn liable for any charges incurred. You acknowledge that any terms between you and any third-party provider create no obligation or responsibility on the part of Turn, and that Turn is not responsible for any failure of warranty by any such third party. Turn cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
5.1. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, CALLS, OR TEXTS TO YOUR MOBILE DEVICE OR DESKTOP COMPUTER, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS, TEXTS, OR CALLS AS A CONDITION OF USING THE SITE OR OUR SERVICES. IF YOU WANT TO OPT OUT OF ALL PROMOTIONAL EMAILS, TEXTS, OR CALLS TO YOUR MOBILE DEVICE OR DESKTOP COMPUTER(INCLUDING OPERATIONAL OR TRANSACTIONAL EMAILS, TEXTS, OR CALLS), YOU CAN UNSUBSCRIBE ENTIRELY OR SUSPEND YOUR ACCOUNT, BUT ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL EMAILS, TEXTS, OR CALLS MAY PREVENT YOUR USE OF OUR SERVICES.
5.2. You may be able to create or log-in to your Turn account through social networking accounts (each such account, an “SNS account”). You understand by connecting to Turn through an SNS account that we may access or store any SNS account content, or make it available to you or others, according to the permission settings of your SNS account (e.g., friends, mutual friends, contacts or following or followed lists (the “SNS content”). You understand that SNS content may be available on and through the Sites or our Services. By using the Services, you agree to comply with any applicable terms, conditions or requirements promulgated by any SNS provider.
6.1. Turn may, at its sole discretion, offer first- or third-party promotions on or through our Services or communications. We reserve the right to withhold or deduct benefits you may obtain through any such promotion if we determine or believe that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotional terms or these terms.
6.2. We may, from time to time, offer you incentives to refer new users to us. These incentives may come in many forms, and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in our sole discretion. Your participation in any referral program is subject to these terms and any additional referral program rules.
THE SITES, THE MATERIALS, ALL OTHER CONTENT ON OUR SERVICES OR MATERIALS PROVIDED BY TURN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TURN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALSO, WE MAKENO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF OUR SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF OUR SERVICES, OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TURN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITES, OUR SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION WITH YOUR USE OF OUR SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
7.1. UNLESS OTHERWISE PROVIDED IN WRITING, THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. YOU AND OUR PARTNERS MAKE ANY DECISION TO ACCEPT OR OFFER CONTINGENT WORK. NO INDEPENDENT CONTRACTOR, EMPLOYER-EMPLOYEE, JOINT VENTURE, PARTNERSHIP, OR AGENCY RELATIONSHIP EXISTS BETWEEN AND AMONG YOU, TURN, OR OUR PARTNERS AS A RESULT OF THESE TERMS OR YOUR USEOF OUR SERVICES.