Terms of Use
1. Acceptance of Terms
By accessing and using the TurnKey website (the "Site"), you agree to comply with and be bound by these Terms of Use (the "Terms"). If you do not agree to these Terms, you should not use the Site.
2. Changes to Terms
TurnKey reserves the right to change, modify, or update these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes your acceptance of the new Terms.
3. Use of the Site
You agree to use the Site for lawful purposes only. You must not use the Site in any way that may damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. Unauthorized use of the Site, including but not limited to unauthorized entry into TurnKey's systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited.
4. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of TurnKey or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the Site without TurnKey's express written permission.
5. User Accounts
To access certain features of the Site, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify TurnKey immediately of any unauthorized use of your account or any other breach of security.
6. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.
7. Disclaimer of Warranties
The Site is provided on an "as is" and "as available" basis. TurnKey makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, or materials included on the Site. You expressly agree that your use of the Site is at your sole risk.
8. Limitation of Liability
In no event shall TurnKey or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or any information, products, and services obtained through the Site.
9. Indemnification
You agree to indemnify, defend, and hold harmless TurnKey, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your use of the Site or any violation of these Terms.
10. Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the jurisdiction in which TurnKey is headquartered, without regard to its conflict of law provisions.
Independent Contractor Status
WHEREAS, the Company operates an affiliate marketing program ("Program") through which affiliates promote and market the Company's products or services in exchange for commissions on sales or leads generated; AND WHEREAS, the Affiliate desires to participate in the Program as an independent contractor; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the parties agree as follows: 1. Independent Contractor Status 1.1 Independent Contractor Relationship: The Affiliate acknowledges and agrees that they are an independent contractor, not an employee, partner, or joint venturer of the Company. The Affiliate has no authority to bind the Company, and the relationship between the Company and the Affiliate is solely that of independent contractors. 1.2 Control and Supervision: The Affiliate shall have sole control over the means and methods of performing the services required under this Agreement, including the time, place, and manner of performance. The Company will not supervise or control the Affiliate's work. 2. Responsibilities of the Affiliate 2.1 Marketing and Promotion: The Affiliate agrees to use their own efforts, resources, and expenses to promote the Company’s products or services in a manner consistent with the Company's policies and guidelines. 2.2 Compliance with Laws: The Affiliate agrees to comply with all applicable federal, state, and local laws, rules, and regulations in connection with the performance of their services, including but not limited to those relating to marketing, advertising, and taxation. 3. Taxes and Withholding 3.1 Responsibility for Taxes: The Affiliate acknowledges and agrees that, as an independent contractor, they are solely responsible for reporting and paying any and all taxes, including but not limited to federal, state, and local income taxes, self-employment taxes, and any other taxes related to the commissions earned under this Agreement. The Company will not withhold or remit any taxes on behalf of the Affiliate.