Terms of Service

TERMS OF SERVICE

EFFECTIVE 07/11/2023

Welcome to tpusanow.com (the “Website”), which is owned and operated by Turning Point USA (“TPUSA,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Website and any services or features available on the Website (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Services.

  1. User Eligibility
    1. Age Restriction: By using the Services, you represent and warrant that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are using the Services on behalf of an organization, you represent and warrant that you have the necessary authority to bind that organization to these Terms.
  2. Acceptable Use
    1. Compliance: You agree to use the Services in compliance with all applicable laws, regulations, and these Terms. You may not use the Services in any manner that violates any third-party rights or causes harm to others.
    2. Prohibited Content: You are prohibited from uploading, posting, transmitting, or sharing any content that is unlawful, obscene, defamatory, harassing, discriminatory, or otherwise objectionable. You also may not use the Services to engage in any illegal activities or promote or facilitate such activities. TPUSA has complete discretion to determine whether content is prohibited under this section.
    3. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify TPUSA immediately of any unauthorized use of your account or any other breach of security.
  3. Intellectual Property
    1. Ownership: The Website and its content, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are owned or licensed by TPUSA and are protected by intellectual property laws.
    2. Limited License: TPUSA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the Services or any part thereof.
  4. Privacy
    1. Data Collection: TPUSA may collect and process personal information in accordance with its Privacy Policy. By using the Services, you consent to TPUSA’s collection, use, and disclosure of personal information as described in the Privacy Policy.
  5. Third-Party Websites and Content
    1. Links: The Services may contain links to third-party websites or resources. TPUSA is not responsible for the availability, accuracy, or content of such websites or resources. You acknowledge and agree that TPUSA is not liable for any loss or damage incurred as a result of your use of any third-party websites or resources.
  6. Disclaimer of Warranties
    1. No Warranty: The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. TPUSA does not warrant that the Services will be error-free, uninterrupted, or free from viruses or other harmful components.
  7. Limitation of Liability
    1. Exclusion of Damages: TPUSA shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Services, even if TPUSA has been advised of the possibility of such damages.
  8. Indemnification
    1. Defense and Indemnification: You agree to defend, indemnify, and hold TPUSA and its officers, directors, employees, and agents harmless from and against any claims, actions, demands, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Services or any violation of these Terms.
  9. Modifications and Termination
    1. Modifications: TPUSA reserves the right to modify or update these Terms at any time, without prior notice. Any changes to the Terms will be effective immediately upon posting on the Website. Your continued use of the Services after the posting of any changes constitutes your acceptance of such changes.
    2. Termination: TPUSA may, at its sole discretion, suspend or terminate your access to the Services at any time and for any reason, without liability.
  10. Governing Law and Dispute Resolution
    1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Indiana, without regard to its conflict of laws provisions.
    2. Dispute Resolution: Any dispute arising out of or in connection with these Terms shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Indiana, and the arbitrator’s decision shall be final and binding.
  11. Miscellaneous
    1. Entire Agreement: These Terms constitute the entire agreement between you and TPUSA regarding your use of the Services and supersede any prior agreements or understandings.
    2. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
    3. Waiver: The failure of TPUSA to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Please review these Terms carefully before using the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.