TURNKEY, LLC Terms of Service
TURNKEY, LLC (“TURNKEY”) provides tools for people interested in quantitative finance investing (on turnkeyanalyst.com). Nothing on turnkeyanalyst.com, or any page within the turnkeyanalyst.com domain should be considered an offering of securities. This website is made available for educational and entertainment purposes only.
Please read the following important terms and conditions (“Terms of Service”) carefully. These Terms of Service govern your access to and use of the Site. This is a legal agreement between you and TURNKEY.
YOU UNDERSTAND THAT BY CHECKING THE “I have read and accept the Terms of Service” CHECKBOX, OR BY USING THE SITE, OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE Terms of Service. IF YOU DO NOT ACCEPT THESE Terms of Service IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE.
In accessing the Site you agree that (1) the Site may publish to other users any content you post on the Site, (2) you will not use the Site in any way to violate insider trading laws or other federal or state securities laws and regulations of the United States, any state or any other country, as applicable, relating to securities disclosure, securities trading, or investment advisory or brokerage services.
1. Your Acceptance
2. Links to Other Websites
3. Information Disclaimer
The Site may provide certain financial market data, quotes, price forecasts, other forecasts, news, research, predictions, recommendations, and opinions or other financial information (collectively “Information”) that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates, investment bankers, and other providers (collectively the “Information Providers”) or has been obtained by TURNKEY from Users and/or from other sources including computer algorithms that may include guessing or other sources of random information.
All data and Information is provided “as is” and the Information is intended solely as general information for educational and entertainment purposes only and is neither professional stock broker advice for any investment nor a substitute for other professional advice and services from qualified financial services providers familiar with your financial situation. Decisions based on Information contained within the Site are your sole responsibility. Always seek the advice of your financial advisor or other qualified financial services provider regarding any investment. The Information is provided with the understanding that neither TURNKEY nor its Users are engaged in rendering professional services or advice. Your use of the Site is subject to this disclaimer: TURNKEY assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based on the Information or other material on this Site.
TURNKEY does not guarantee or certify the accuracy, completeness, timeliness, or correct sequencing of the Information made available through TURNKEY, the Information Providers, or any other third party transmitting the Information (the “Information Transmitters”). You agree that TURNKEY, the Information Providers, and the Information Transmitters shall not be liable in any way for the accuracy, completeness, timeliness, or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information.
You further agree that TURNKEY, the Information Providers, and the Information Transmitters will not be liable in any way for the interruption or cessation in the providing of any data, Information, or other aspect of the Site. TURNKEY is not responsible for, and makes no warranties regarding, the access, speed, or availability of the Internet in general or the Site in particular. TURNKEY reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site with or without notice.
4. User Information
Certain types of content are made available through the Site. “User Information” as used in these Terms of Service means, collectively, the information, such as text, data, reports, analyses, investment information and other content, that Members post, upload, submit, provide, or otherwise make available to the Site, including without limitation discussion groups, message boards, profile pages, and personal information.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use, display, and authorize TURNKEY to use and display your User Submissions. In connection with User Submissions, you agree that you will not submit material that is in violation of U.S. Securities and Exchange Commission rules regarding selective disclosure by issuers of material nonpublic information (“tipping” and insider trading), copyrighted, trade marked, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TURNKEY all of the license rights.
You shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to TURNKEY, you hereby grant TURNKEY a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and fully transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with the Site and TURNKEY’s business. You grant TURNKEY the right to use any of your User Submissions to conduct studies and develop forecasts, price forecasts and reports, which it may display on the Site and use for any other purpose. You also grant TURNKEY and its affiliates the right to use your User Submissions to make trades. . You also hereby grant each User a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such User Submissions as permitted under these Terms of Service. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify TURNKEY for any claim regarding TURNKEY’s use of your User Submissions.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that TURNKEY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TURNKEY with respect thereto, and agree to indemnify and hold TURNKEY, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
TURNKEY reserves the rights to remove and permanently delete any User Information from the Site without notice.
5. Use of the Site.
TURNKEY hereby grants you permission to use the Site as set forth in these Terms of Service provided that you will comply with the Terms of Service and with any Information Providers’ Terms of Service linked to the Site.
Much of the Information on the Site provided by Information Providers, including but not limited to price forecasts for stocks or other securities, is licensed to us by others; therefore, your use of Information may be governed by an Information Provider’s Terms of Service. You agree not to use, copy, modify, reformat, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess or distribute any content on the Site, including without limitation, the text, scripts, graphics, software, data, Information, photos, and the like (“Content”) or use any Content for commercial purposes without obtaining prior written consent from TURNKEY and/or the appropriate third party. You may download material displayed on the Site for non-commercial, personal use only. If you download material, you agree to maintain all copyright and other proprietary notices contained on the materials.
To access some features of the Site, you will have to register on the Site. You may never use another’s registration without permission. When registering, you must provide accurate and complete information. You are solely responsible for the activity that occurs under your registration, and you must keep your password secure.
With the exception of applications commonly known as web browser software, or other applications formally approved by TURNKEY in writing, you agree not to use any software, program, application, or any other device to access or log on to the Site or to automate the process of obtaining, downloading, transferring, or transmitting any content, information, or quotes to or from the Site. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “scrapers,” or “offline readers,” to access the Site. Notwithstanding the foregoing, TURNKEY grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the Site for any commercial solicitation purposes.
TURNKEY may permanently or temporarily terminate, suspend, or otherwise refuse to permit User’s access to the Site without notice and liability, if in TURNKEY’s sole determination, User violates any of the Terms of Service, including the following prohibited acts, which you agree not to perform; (i) use the Site for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, illegal, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person’s view, objectionable; (ii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (iv) upload invalid data, viruses, worms, or other software to the Site; (v) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity; (vi) submit, upload, post, email, transmit or otherwise make available any Information or Content that User does not have a right to make available; (vii) interfere or attempt to interfere with the proper working of the Site; (viii) bypass the measures we may use to prevent or restrict access to the Site; or (ix) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
6. Intellectual Property Rights
TURNKEY or their third party data or content providers, including Information Providers, have exclusive proprietary rights to the Information provided on this Site. Content and the trademarks, service marks, trade names, icons, and logos contained therein (“Marks”), including without limitation are owned by TURNKEY or licensed to TURNKEY and owned by the Information Provider, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. TURNKEY and Information Providers retain all proprietary rights in the Content and Marks. Content and Marks may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TURNKEY reserves all rights not expressly granted in and to the Site and the Content.
7. Opt Out Procedure
We may use your information to notify you of important changes to the Site, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications:
Send an email message to [email protected] with the word “Remove” in the subject field.
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
8. Warranty Disclaimer
The information provided through the Site is provided “AS IS” and “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TURNKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. TURNKEY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION, DELAY OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. TURNKEY provides no guarantee against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. TURNKEY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TURNKEY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL TURNKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Site is controlled and offered by TURNKEY from its facilities in the United States of America. TURNKEY makes no representations that the Site is appropriate or available for use in other countries. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify and hold TURNKEY and its affiliates, agents, employees, and licensors harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Site;
(ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) any claim regarding TURNKEY’s use of your User Submissions; or
(v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms of Service or discontinuance of your use of the Site.
11. Ability to Accept Terms of Service
By your use of the Site, you affirm that you are either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are 13 years old or older, as the Site is not intended for children under that age of 13. If you are under 13 years of age, do not use the Site.
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by TURNKEY without restriction, including without limitation, in the event that TURNKEY, LLC., forms a partnership with, is merged with, or is acquired by another company.
13. Term and Termination
Your permission to access the Site under these Terms of Service will immediately terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Site. You agree that TURNKEY, in its sole discretion and with or without notice, may terminate your access to any or all of the Site, and remove and discard any Content within the Site. TURNKEY may also in its sole discretion with or without notice discontinue providing the Site. You also agree that TURNKEY will not be liable to you or any third party for any termination of your access to the Site.
14. Governing Law
You agree that TURNKEY and the Site are solely based in Delaware, that the Site is a passive website and that the Site does not give rise to personal jurisdiction over TURNKEY, either specific or general, in jurisdictions other than Delaware. You agree that these Terms of Service shall be governed and interpreted pursuant to the laws of the State of Delaware, notwithstanding any principles of conflict of law or your actual state or country of residence. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sussex Country, Delaware.
15. Entire Agreement/Severability
16. No Waiver
No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and TURNKEY’s failure to assert any right under these Terms of Service shall not constitute a waiver of such right. YOU AND TURNKEY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Modification of the Site or Terms of Service
TURNKEY reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site, any portion thereof, or any content thereon without notice, or modify these Terms of Service. We will notify you about significant changes by sending you a notice to the primary email address specified in your account or by placing a prominent notice on the Site. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site, and if applicable, cancel your TURNKEY account. By continuing to access or use the Site after TURNKEY makes any such revision, you agree to be bound by the revised Terms of Service.
The Terms of Service were last revised on August 14, 2011.