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Turion Corporation Terms of Service

Last Updated: September 2021

  1. Your Acceptance

Welcome to “turion.io” (the “Website”), the website and online service of Turion Corporation (“Turion”, “we”, “us” or “our”). This page explains the terms by which you may use our online service, website, web-based or mobile-based applications and software provided or in connection with the service (collectively the “Services”). By accessing or using the Services, you agree to be bound by this Terms of Service (these “Terms”), the collection and use of your information as set forth in the Privacy Policy, whether or not you are registered user of our Services.  To the extent we collect any Biometric Data from you, you hereby consent to our use of such Biometric Data as set forth in the Biometric Data Consent. These Terms apply to all visitors, users, members, contributors and others who access the Services (“you” or “Users”).  

In some instances, a separate document that provides additional conditions may apply to a service or product offered via the Services ("Additional Terms''). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

If you do not agree to the Terms or the Privacy Policy please stop using the Services immediately. 

  1. Use of Services

Turion operates an online education platform that offers courses and content ("Course Offerings"). Unless otherwise explicitly indicated by Turion, participation in or completion of Course Offerings does not confer any academic credit. Even if credit is awarded by Turion, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Course Offering unless you have earned a course certificate or other equivalent documentation of your completion of the Course Offering. Turion has no obligation to have Course Offerings recognized by any educational institution or accreditation organization. 

 

Any use or access by anyone under the age of 18 is prohibited, and certain regions and Course Offerings may have additional requirements and/or restrictions.

  1. Turion Accounts

Your Turion account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Turion account on behalf of a company, organization, or other entity, then (a) ”you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you are agree to these Terms on the entity’s behalf. By connecting to Turion with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper-and-lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Services with your unique username, password, or other security code. Turion will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Services by changing the settings in your account. By providing Turion your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.  

  1. Services Rules

General.  You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitations “robots”, “spiders”, “offline readers”, etc., to access the Services in a manner that sends more request messages to the Turion servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email (for clarity, emails from Recruiters to potential Candidates do not constitute unsolicited email for the purposes of these Terms) ; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, Submissions (as defined below) from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with the person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) using any Turion Content, including any Turion trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Inpel Content; (xiv) using the Services or any Turion Content to support, incite or promote discrimination, hostility or violence; (xv) using any Turion trademark or any variant thereof including misspelling as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using without our prior written consent, any word or mark, which is similar to or likely to be confused with Turion trademarks; (xvii) copying, imitating, or using, in whole or in part, the look and feel of the Services (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Turion; (xviii) using any Turion Content to link to the Turion website  without prior written consent of Turion; (xiv) framing or hotlinking to the Services or any content other than your own without the prior written consent of Turion.

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. If your account is terminated for any reason, you must obtain written authorization from Turion prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Turion may permanently ban you from the Services. You may not have more than one active account at any time without the written consent of Turion in each instance. 

You are solely responsible for your interactions with other Turion Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Turion shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Honor Codes.  If you participate in any Course Offering, you further agree to abide by the honor code as follows: (i) you will register for only one account, unless expressly permitted by Turion; (ii) you will not involve in any dishonest actions that improve your results or improve or hurt the results of others in any Course Offering.  Turion reserves the rights to activate camera on your devices to verify your identity and to flag any abnormal body movements or background movements.  You expressly authorize Turion to activate the camera on your device for the foregoing monitoring purposes.  Any violation of the honor code may result in your access to all or part of the Services being suspended or terminated. 

Anti-discrimination. Turion doesn’t support and will not tolerate its Services being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Services in a manner which would or would likely incite, promote, or support such discrimination and you must not use the Services to incite or promote hostility or violence. If we believe in our sole determination that your use of the Services is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason.

  1. Intellectual Property Rights

The Services are owned and operated by Turion. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by Turion (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Feedback that are provided and owned by the applicable User(s), all Materials contained on the Services are the property of Turion or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to Turion or its affiliates or third-party licensors. Except as expressly authorized by Turion, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Turion reserves all rights not expressly granted in these Terms.

  1. User Content

User Submissions; User License Grant. Turion does not claim ownership of materials you provide, post, upload, input, or submit as part of the Services (“Submissions”), which may include homework, quizzes, exam, project or other assignments you submit, posted you made in the forums and the like. By Posting your Submissions using the Services, you expressly grant Turion a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, royalty-free, and worldwide license to use, reproduce, publish, translate, distribute and publicly display your Submissions, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Services and Inpel’s (and its successors’ and affiliates’) business.  The foregoing license includes granting Turion the right to authorize Course Providers to user Submissions with their students, on-campus learners or other learners independent of the Services.

For the avoidance of doubt, you will only grant these rights to us when you post your Submissions on or through our Services. By posting Submissions on or through the Services, you represent and warrant the following:

  • Your Submissions and Turion’s use of your Submissions as contemplated by these Terms and the Services do not violate any relevant law or infringe any rights of a third party, including any intellectual property, privacy, and publicity rights;
  • You have the rights necessary to grant the license to any Submissions you post;
  • Subject to the license you grant to us, Turion may use your Submission without payment or compensation to you;
  • Your Submissions are not obscene, defamatory, abusive, racially or ethnically offensive, infringing, invasive of rights, unlawful libelous, threatening, violent, hostile, discriminatory with regards to race, religion, sex, sexual orientation, age, disability, ancestry or national origin, nor otherwise objectionable;
  • Your Submissions won’t create a risk of harm, loss, physical or mental injury, emotional distress, or property damage to you or to any other person;
  • Your Submissions are truthful and accurate;
  • If your Submissions contain images, photographs, pictures, video, audio or are otherwise graphical in whole or in part, you have the necessary rights or have been granted the necessary rights to use such materials; and
  • The Submissions do not violate any laws, violate any contracts you are a party to, violate any fiduciary relationship you have, or these Terms, in any manner.

Feedback.  Turion shall be entitled to unrestricted use of any and all comments, suggestions, ideas, concepts with respect to the Services disclosed or offered or submitted by you to us (collectively, “Feedback”). We may use the said Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the Feedback.

  1. Disclaimer of Warranties.

THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL MATERIALS, ARE MADE AVAILABLE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND (II) TURION AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "TURION PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SERVICES; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SERVICES; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM TURION OR VIA THE SERVICES. IN ADDITION, THE TURION PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.

THE TURION PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE TURION PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR ITEMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TURION PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THOSE SERVICES.  

  1. Limitations on Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANY OF THE TURION PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OR INABILITY TO USE OUR SERVICES AND/OR CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

  1. Indemnity 

You agree to defend, indemnify and hold harmless the Turion Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees, collectively, “Claims”) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. Claims shall also include actions arising on account of false, inaccurate, incomplete information or suppression of any material information, incorrect or misleading statements, defamation, disparagement, infringement of copyright, trademark, breach of contract, misuse of confidential information, breach of trust, breach of privacy, obscenity or any other cause or for violation of any laws, rules, regulations or orders or notifications which may be brought on account of the information, content, data shared, uploaded or displayed by you. You agree to defend all such legal proceedings or actions. This defense and indemnification obligation will survive these Terms and your use of the Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial. 

10.Third-Party Services

The Services may contain links to third-party platforms or websites (each, a “Third-Party Services”).  You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Services or their use of your personal information. We do not endorse, recommend or vouch for the security of such Third-Party Services. We recommend that you review their terms of service and privacy policies before accessing and using the Third-Party Services. 

  1. Governing Law

You agree that (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Turion, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts, located in San Mateo County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. 

  1. DMCA Notice.

Turion respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.  As part of our response, we may remove or disable access to material, links or references residing on our Platform that is claimed to be infringing.

Turion does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving a DMCA Notice of Infringement, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.  The following notice requirements are intended to comply with Turion’ rights and obligations under the DMCA and, in particular, 17 U.S.C. §512(c), and do not constitute legal advice.

DMCA Notice of Infringement

To file a notice of infringing material, link or reference on the Platform, please provide a notification containing the following details:

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  • Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  • Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);
  • A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • Your physical or electronic signature.

Then send this notice to Turion’s Copyright Agent:

Copyright Agent
[ ]

Turion Repeat Infringer Policy

It is Turion policy to provide for the termination, in appropriate circumstances, of Turion’s users, customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property.

  1. Severability

In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of these Terms are deemed to conflict with each other's operation, Turion shall have the sole right to elect which provision remains in force.

  1. Non-Waiver

We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

  1. Our Termination and Cancellation Rights

We may terminate or suspend the Services or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or the Turion account, you are solely responsible for properly canceling your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Assignment

You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.

  1. Modifications

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the Services, of any material changes, but such changes will be effective as provided herein whether or not such message is sent or received. Unless we state otherwise, changes are effective seven (7) days following the date posted on our website. If you continue to use the Services after the effective date, you agree to the changes. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms as in effect at the time the dispute arises.

We may also change or discontinue the Services in whole or in part at any time, in our sole discretion. Such changes may include, but not be limited to, changes to the number of administrative Users you have on the Services at any time. Your continued use of the Services indicates your agreement to the changes. 

  1. Amendments

We may amend these Terms from time to time. If we do so we may notify you by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective upon our publishing of the revised Terms on the Website. You agree to be bound by and changes to these Terms when you use our Website and Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. 

  1. Contact

Please contact us at hello@turion.io with any questions regarding these Terms.