Last revised: December 1, 2019
Welcome to the Internet website of TurnStone LLC (“TurnStone”, “we”, “us”, “our”). TurnStone values your interest in its services and appreciates your visit to this website. As used hereinafter, the term “website” includes those sites (or portions thereof) which are owned and/or operated on behalf of TurnStone, including such sites (or portions thereof) associated with www.TurnStonelogistics.com. These terms and conditions do not apply to any site (or portion thereof) that is not owned or operated by or on behalf of TurnStone, including but not limited to any third-party site, even if we provide a hyperlink or reference to such site, and even if such site is available through this website.
ACCEPTANCE OF TERMS OF USE
TurnStone makes this website available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using”) this website, you represent that you, the individual user of this website, have read and understood, and are agreeing to be legally bound by, these terms and conditions, and you are agreeing to comply with all applicable laws and regulations, without limitation or qualification. By using this website, you further represent that you are at least the age of majority as defined in your jurisdiction and, notwithstanding the foregoing, at least 18 years of age, and that you have the authority to, and you do hereby legally bind, the business entity, if any, for which you serve as an agent, independent contractor or employee thereof to the same terms and conditions, without limitation or qualification. As used hereinafter, the terms “you” and “your” shall include and/or reference the individual user of this website and, when applicable, the business entity for which the individual user of this website serves as an agent, independent contractor or employee thereof. These terms and conditions shall take effect immediately on your first use of the website. If you do not agree to these terms and conditions, you are not authorized to access, browse or otherwise use this website.
TERMS OF USE
TurnStone reserves the right, at its sole discretion, to alter or change these terms and conditions at any time. Any modifications will become effective when posted on this website. No such modifications will apply with respect to any claim that arose prior to the date on which the modifications were posted. By using this website after any changes in these terms and conditions are made, you are agreeing to be legally bound by the terms and conditions as amended. Therefore, you should revisit this page frequently to determine the present terms to which you are legally bound.
TurnStone may terminate your right to use this website without cause at any time and effective immediately. Without limiting the foregoing, TurnStone may terminate your right to use this website immediately and without notice for violation of any part of these terms and conditions. In the event of any such termination, the restrictions on your use of the material on this website shall survive such termination, and you acknowledge that you will continue to be bound by those terms.
PRIVACY
Our Privacy Policy governs how we collect, use and share personal information. Personal information provided through this website may be transferred to other countries whose laws may not provide the same level of protection for personal information as the laws of the country of origin. Please see our Privacy Policy for more information.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF INFORMATION AND CONTENT
All information and content provided on this website, whether explicitly marked or not, is the property of TurnStone, its subsidiaries, affiliated companies or joint partners, or others, and is subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the website.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “marks”), whether explicitly marked or not, used on this website are owned by TurnStone, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
The following is a non-exhaustive list of marks owned by TurnStone: TURNSTONE, TURNSTONEWEB, TURNSTONE LOGISTICS, SOLUTIONS IN MOTION.
You must not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, software, services, content or marks available on this website in any form or by any means for any commercial use, including by using any information storage or retrieval system, without the express written permission of TurnStone. You may, however, copy, print or otherwise use the information or content provided on this website solely to the extent that the use is for your personal, educational or internal business use only and provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association by you with any services, product, brands or affiliates through the use of any information or content. Other use of any information, software, services, content or marks, except as expressly permitted in these terms and conditions or in a written instrument signed by TurnStone, is strictly prohibited. You may not disassemble, decompile, reverse engineer, reconstruct, discover, reuse or modify any source code or underlying algorithms of any information, software, services or content available on this website. You may not use TurnStone’s marks in connection with any product or service that is not TurnStone’s, or in any manner that is likely to cause confusion. Nothing in these terms or conditions or on the website grants, or should be construed as granting, any rights with respect to any marks.
You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather information or content available on the website, or reproduce or circumvent the navigational structure or presentation of the website, without TurnStone’s express prior written consent. You must not interfere with or disrupt the operation of the website or the servers or networks used to make the website available, including by hacking or defacing any portion of the website; or violate any requirement, procedure or policy of such servers or networks.
Nothing contained in these terms and conditions or on the website shall confer or be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest (a) of any third party or with respect to any third-party information, software, services or content; or (b) of TurnStone or with respect to any TurnStone information, software, services or content, except as expressly set forth above.
You are prohibited from creating a hyperlink to any page or portion of this website or framing any page or portion of this website without the prior written permission of TurnStone.
Any use of the information, content or marks available on this website that does not comport with the above terms and conditions shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
SUBMISSIONS
We welcome your comments regarding TurnStone. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “communications”) sent to TurnStone shall be and remain the exclusive property of TurnStone. Your submission of any such communications shall constitute an assignment to TurnStone of, and you hereby assign and agree to assign to TurnStone, all worldwide rights, titles and interests in all copyright and other intellectual property rights in the communications. TurnStone will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
DISCLAIMERS
YOU USE THIS WEBSITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL TURNSTONE, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION, SOFTWARE, SERVICES OR CONTENT THEREOF, EVEN IF TURNSTONE, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF TURNSTONE, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR ANY USE OF THE WEBSITE EXCEED FIFTY U.S. DOLLARS ($50).
Without limiting the above disclaimers, TurnStone, its subsidiaries, affiliated companies, joint partners, licensors, licensees and service providers: (1) make no warranties or representations whatsoever concerning this website or any other Internet site, the access to, or the availability or use of, this website or any other Internet site, the information and content from whatever source posted on or referred to in this website, or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this website or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website or any other Internet site is, or the information, software, services or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this website will be available for purchase or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Information or content available on this website may describe goods and services that may not be available in certain jurisdictions. Inclusion of such information or content is not a representation or warranty by TurnStone that such goods and services will be available to you. Contact a TurnStone representative to discuss the availability of such goods and services in your jurisdiction. You are responsible for ensuring that your use of any goods or services complies with all applicable laws.
This website may use hyperlinks or references as a convenience to you so that TurnStone-related subject matter and other pertinent sites, material and services are easily accessible. Linked and referenced sites, material and services may not be operated, controlled or maintained by TurnStone, even if they are made available through this website. Hyperlinks and references to other sites, material and services, including those of any TurnStone-affiliated entity, do not constitute sponsorship, endorsement or approval by TurnStone of the information, content, availability, policies or practices of such linked or referenced sites, material or services or their providers. TurnStone does not accept any responsibility for any information, content, availability, policies, practices or any use of such sites, material or services. You access, browse and use such sites, material and services at your own risk. Your use of any such sites, material and services is subject to any additional applicable terms, conditions and policies (including terms of service or privacy policies of the applicable third-party providers).
TurnStone has no obligation to update any information or content on this website. Accordingly, TurnStone, its subsidiaries, affiliated companies, joint partners, licensors, licensees and service providers assume no responsibility regarding the accuracy of the information or content provided on the website. Any use of the information or content available on this website is done so at your own risk.
All disputes arising out of or related to this Terms of Use or any aspect of the relationship between you and TurnStone, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and TurnStone and you each hereby waive the right to trial by a jury. You agree that any arbitration under this Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (currently accessible at https://www.adr.org/Rules) as amended by this Terms of Use. Any arbitration hearing will be held in San Antonio, Texas. The applicable governing law will be as set forth below (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
ARBITRATION AGREEMENT
Any dispute, claim, or controversy arising out of or relating to (a) these Website Terms of Use or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of this website will be settled on an individual basis by binding arbitration between you and TurnStone, and not in a court of law. You acknowledge and agree that you and TurnStone are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless both you and TurnStone otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and TurnStone each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If this specific paragraph is held unenforceable, then the entirety of this Arbitration Agreement will be deemed void. Except as provided in the preceding sentence, this Arbitration Agreement will survive any termination of these Website Terms of Use.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Arbitration Agreement and related terms and conditions are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Website Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Illinois.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Commercial Demand for Arbitration at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of commercial dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and TurnStone otherwise agree in writing, the arbitration will be conducted in the county where you reside. Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The party who prevails in arbitration will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in the state or federal courts in Chicago, Illinois and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
MISCELLANEOUS
You warrant to TurnStone that you will not attempt to gain unauthorized access to any services offered by TurnStone or computer systems or networks connected to any TurnStone server through hacking, password mining or any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available by TurnStone. When using the website, you agree not to pretend to be someone else or to assume their identity.
You agree to defend, indemnify, save and hold harmless TurnStone, its subsidiaries, affiliated companies, joint partners, licensors, licensees, service providers and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this website, including any violation or alleged violation of the terms and conditions of this Terms of Use Agreement.
TurnStone controls this website (excluding linked sites) from its headquarters in San Antonio, Texas, United States of America and makes no representation that any information or content contained in this website is appropriate or available for use in other locations. Accessing this website in locations in which the use of such information or content is illegal is prohibited. Except as otherwise provided in the Arbitration Agreement above, by accessing this website, you agree that the statutes and laws of the State of Texas, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this website and that if you use this website from any other location you are responsible for compliance with applicable local laws.
If any part of these terms and conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. Any waiver of any term or condition of this agreement shall be effective only if in writing signed by the duly authorized representatives of TurnStone. Any failure or delay by TurnStone in enforcing any of these terms or conditions shall not in any way affect, limit, or waive TurnStone’s rights hereunder at any time to enforce strict compliance thereafter with every term or condition of this agreement. Neither your use of the website nor this agreement creates an agency, partnership, joint venture or employer-employee relationship with TurnStone. Absent a written agreement concerning the provision of goods or services by TurnStone, this agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous understandings agreements, discussions, negotiations, and representations, oral or written, between the parties with respect to the subject matter hereof and can only be modified in writing signed by TurnStone.
By using this website, you further agree that you will not use this website or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these terms and conditions.
When applicable, you further agree, as a condition of using this website, to ensure that all your agents, employees and independent contractors adhere to these terms and conditions.
THIRD PARTY SOFTWARE
The website may contain certain third-party software components. Solely with respect to such components, the following terms in this paragraph apply. Such components are copyright of said third-party. Permission is hereby granted, free of charge, to any person obtaining a copy of such components and associated documentation files (for purposes of this paragraph, the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.