UR Turn app Terms of Use
 

Effective 10/22/2019

 

These Terms of Use (the “Agreement”) govern your access to UR TURN (the “Services”), owned and operated by UR Turn, SBC (“UR Turn,” “we,” “us”).  By accessing the Services, you agree to be bound by these Terms of Use (the “Terms”).  In addition, you represent that you are 18 years of age or older, are lawfully able to enter into contracts and agree to be bound by these Terms of Service.  If you have entered into this Agreement on behalf of your organization, you represent that you have the authority to bind that organization to these terms and conditions. You further represent that you have the right to upload all data that you provide on behalf of yourself and, where applicable, your employees, your organization, agents, students and their parents or legal guardians.  

 

If you do not have the necessary authority, or if you do not agree with these terms and conditions, then you may not use the Services. 

 

 

Privacy and Security. We maintain a Privacy Policy, which may be viewed here. | All personally identifiable data you provide to us through the use of the Services is subject to the terms maintained in the Privacy Policy.

 

Family Educational Rights and Privacy Act (FERPA). In the event that your education institution is subject to the Family Educational Rights and Privacy Act (FERPA), you agree to appoint UR TURN as a “school official” as that term is defined in FERPA and as interpreted by the Family Policy Compliance Office, and determine that UR TURN has a “legitimate educational interest” for the purpose of delivering the Services as contemplated by this Agreement.  UR TURN agrees that it will be bound by all relevant provisions of FERPA, including operating under Client’s direct control with respect to handling of “personally identifiable information” from “education records,” as those terms are defined under FERPA. UR TURN further agrees that personally identifiable information from students will not be disclosed to third parties except as required to provide the Services as contemplated in this agreement.  

 

Intellectual Property

You acknowledge that all Services trademarks, logos and images and information on the Services are owned by or licensed to UR Turn, and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce the Services or prepare any derivative works. Under no circumstances will you be deemed to receive title to any portion of the Services.

 

Permission is hereby granted to the extent necessary to lawfully access and use the Services and to display, download, or print portions of the Services on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the content; (ii) you retain any and all copyright and other proprietary notices contained in the content; and (iii) you do not copy or post the content on any network computer or broadcast the content in any media.

 

Use of the Services:

You are responsible for using the Services in accordance with this Agreement, and for all activity that occurs under your account.  You shall (i) maintain the confidentiality of your user name and password; (ii) notify UR Turn if you know or suspect a security breach of the Services; and (iii) use the Services in compliance with all applicable laws. You are solely responsible for all activities conducted using your access credentials to the Services. You represent and warrant that information provided to establish your account is true and accurate and that you will promptly update that information in the event of any change.

 

You grant us a non-exclusive, world-wide license to use the information, content, and other materials uploaded by you to the Services (the “Content”) solely for purposes of furnishing the Services to you.  You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us.  

Your use of the Services is limited to your informational, non-commercial use only. You will not: (i) permit any third party to access and use the Services; (ii) decompile, disassemble, or reverse engineer the Services; (iii) use the Services or any of our confidential information to develop a competing product or service; (iv) impersonate another user of the Services or provide false information to gain access to the Services; (v) view or attempt to view records of another user; or (vi) use automated systems (e.g., robots, spiders, etc.) to access the Services.

 

You may not use the Services to:

  • Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, explicit, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

  • Upload, post, or otherwise transmit any content that you do not have the right to transmit under any law or under contractual or fiduciary relationships;

  • Upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • Upload, post, or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;

  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

  • Harvest, scrape, crawl, or programmatically collect any information from the Services; or

  • Impersonate any person or entity, including UR Turn or our representatives.

 

Feedback

You may choose to provide us with suggestions, comments or other feedback with respect to our products and services, including the Services.  We may use this information for any purpose without obligation of any kind in connection with our business, including the enhancement of the Service.  

 

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS-AVAILABLE,’ WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED.  THESE TERMS ARE NOT A CONTRACT FOR SALE.  UR TURN DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT. FURTHER, UR TURN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OF THE INFORMATION ON THE SERVICES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU AGREE THAT UR TURN WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR YOUR USE OF THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL UR TURN HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF DATA OR PROFIT, OR OTHER INCIDENTIAL, COMPENSATORY, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF YOUR USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification 

Client will indemnify, defend, and hold harmless UR TURN, its directors, officers, employees and agents, from and against third party claims for damages, losses, liabilities, judgments and expenses, arising out of (a) Client Data, except to the extent that the claims are due to the fault or negligence of UR TURN, Client Trademarks or Users’ use of the Services or (b) Client’s negligence, intentional wrongdoing or willful misconduct, or any breach of law or regulation by Client or its employees, contractors, agents or representatives.

 

Accuracy of materials

The materials appearing on the Services could include technical, typographical, or photographic errors. UR Turn does not warrant that any of the materials on the Services are accurate, complete or current. UR Turn may make changes to the materials contained on the Services at any time in its sole discretion, without notice. 

 

Links

The Services may contain links to other, unrelated sites.  The inclusion of any link does not imply endorsement by UR Turn of the site. Use of any such linked sites is at your own risk.

 

Modifications

As our business evolves, we may choose to update these Terms of Use. We will provide notice and obtain your consent before making material changes.  By using the Services you are agreeing to be bound by the then-current version of these Terms of Use.

 

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Minnesota without regard to conflicts of law provisions.

 

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

Assignment

You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Contact

For questions about the Services or the Terms, please contact us at info@urturn.org or by mail at 2201 France Ave. South Suite A Minneapolis MN 55416