ARTICLE I. GENERAL

AGREEMENT TO BE BOUND

By accessing, downloading or using the urTurn application/widget, or the urTurn web site at www.urTurn.com, or any urTurn provided or urTurn approved application, program, contest, or event (collectively the “urTurn Application”), wherein users are provided the opportunity to earn, use or spend urTurn Points ("Pointspoints"), you ("you" or the "User") signify that you have read, understand and agree with urTurn.com, LLC (“urTurn”, "we" or "us") that you are bound by these Terms and Conditions (the "Terms").

In addition, when choosing to install or otherwise participate in any urTurn Application, you may be presented with amendments or additions to these Terms, which are specifically applicable to that urTurn Application. By installing, using, or participating in any urTurn Application, you specifically agree to be bound by those additional terms and conditions, which shall be considered amendments to these Terms.

IMPORTANT NOTICE | Back to top

We reserve the right to add to and/or change the Terms at any time. This means, for example, that we may change the number of Pointspoints earned for participation in any urTurn Application, or the number of Pointspoints required to purchase goods or bid upon any urTurn promotion. In addition, we reserve the right to terminate any urTurn Application with one month prior notice. During the one-month notice period we may change or cancel some or all of the then-current Terms, or terminate or discontinue any urTurn Application. If we terminate any urTurn Application, your right to earn and spend Pointspoints will terminate one month after we give you this notice.

If for any reason (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause that corrupts or affects the administration, security, fairness, integrity, or proper conduct of any urTurn Application), a urTurn application is not capable of being conducted as described in these Terms, we shall have the right, at our sole discretion, to cancel, terminate, modify, or suspend the urTurn Application.

ELIGIBILITY | Back to top

1. Unless specifically set forth otherwise, only individuals may participate in a urTurn Application. Each User shall maintain a separate account with urTurn ("User Account"). Each User may maintain only one User Account. Corporations, groups and/or associated entities may be permitted to enroll as urTurn Users with our prior approval.
   
   
2. The urTurn Application is available to all registered users of Facebook, Myspace (coming soon) or other sites and communities, as we may determine, who are aged 13 and older and who accept these Terms by installing or using any urTurn Application, provided however, certain activities, benefits and urTurn Applications are restricted to Users who are aged 18 years and older, or if younger, who’s parents or legal guardians have agreed to be legally responsible on behalf of the User.
   
   
3. Accrued Pointspoints do not constitute the property of the User but may be transferred according to these Terms.
   
   
4. Respecting your privacy is a priority for urTurn. However, in order to keep you apprised of your urTurn status, it is important that we send you certain urTurn Application information that may include printed or emailed statements of your User account and other information necessary for administration; printed or email marketing materials from urTurn and urTurn partners and affiliates which will inform you of special offers and products we believe would be of interest to you; and marketing materials from third parties that have a strategic marketing relationship with urTurn. The information you provide to us when enrolling in urTurn and redeeming points is processed in our computer systems both in the country where this information has been collected and in our primary computer system in the United States. As a participant in urTurn, you have consented to receive all of the kinds of information described above. However, you may opt-out of mailings from such third parties and from e-mails from urTurn by providing notice. For additional information about urTurn's protection and use of your information and other information collected through the urTurn Applications and its use, see the urTurn Privacy Policy.

EARNING AND USING POINTSPOINTS | Back to top

1. Earning Pointspoints: 
   
          a. Users enrolled in a urTurn Application may accrue or "earn" Pointspoints by installing, participating and using the urTurn Application, and by referring friends to urTurn. Your accrued Pointspoints shall be recorded and maintained in your User account by urTurn. Although Pointspoints may be denominated with the "$" symbol and referred to in monetary terms, Pointspoints are neither legal tender of the United States or of any other country or jurisdiction, nor are they convertible into United States currency or that of any other nation. Pointspoints are simply are a method to allow you to participate in the urTurn Application. They are available only to urTurn Users and have value only within the urTurn family of applications and according to their Terms.
   
          b. Pointspoints accrued in your User account for any given time period will be carried forward provided all other conditions set forth herein have been met.
   
   
2. Using Pointspoints:
         
          a. You may spend Pointspoints by installing and participating in urTurn Applications. Your request for the use of Pointspoints from your User account must be made according to these Terms. All opportunities to earn Pointspoints are subject to availability. Certain urTurn Applications are available only during the time periods described in the urTurn Applicaiton communications and on the urTurn home page. Certain restrictions apply to urTurn Applications, and are set forth in the amendments and additions to these Terms presented to you when installing and using urTurn Applicaitons.
   
          b. Pointspoints are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or any other form of points from urTurn, by may be exchanged in private transactions between Users.
   
          c. By using Pointspoints you release urTurn, its affiliates, and their parents and subsidiaries from any and all liability regarding your use of Pointspoints and participation in the urTurn Application.
   
          d. Some goods received in exchange for Pointspoints may require an additional charge for shipping and handling that may require a credit card or another non-urPoint form of payment.
   
          e. Your urPoint balance in your User account will be debited for your uses of Pointspoints. If the accrued Pointspoints in your account are insufficient for your requested transaction, that transaction will be cancelled and no Pointspoints will be debited from your account.

URTURN'S ROLE IN THE PROGRAM | Back to top

1. urTurn, through the urTurn Application, maintains a role as a facilitator, clearinghouse, and/or transfer agent of Pointspoints. Unless otherwise provided in these Terms, urTurn is not a retailer, vendor, or principal to transactions where you use Pointspoints for third party goods or services and urTurn provides no warranty or support covering such goods or services.  As a clearinghouse, urTurn charges a nominal transfer fee to process the transfer of Pointspoints between Users as a private transaction between Users.
   
   
2. If you use Pointspoints for goods or products provided by urTurn, urTurn will use its best efforts to deliver such goods or products in a timely fashion. urTurn may rely on partners or common carriers for final fulfillment and is not responsible for delivery delays caused by partners or common carriers.
   
   
3. To facilitate the use of urTurn applications, urTurn uses the identity and other systems provided by the host’s application programming interface ("API"). urTurn is not responsible for any portion of the urTurn Applications provided by such APIs.
   
   
4. urTurn does not authenticate or verify information about Users, including but not limited to their identities, profiles, and other User provided information. As such, the completeness and accuracy of that information is your sole and exclusive responsibility.
   
   
5. You are solely responsible for all uses of your User account and you agree to immediately notify urTurn of any unauthorized use of your User account or host program account, or any other security breach known to you. urTurn shall have no obligation to monitor your User account for unauthorized uses or other security breaches.
   

POINT FORFEITURE / ACCOUNT CANCELLATION | Back to top

1. If you terminate you violate these Terms (as described in more detail below), your User account and your ability to participate in the urTurn Applicaiton will be terminated. This shall result in the immediate and uncompensated forfeiture of all of your accrued Pointspoints and cancellation of any pending transactions initiated by you prior to the termination.
   
   
2. If you voluntarily cancel or terminate your participation the urTurn Application, all Pointspoints accrued in your account will be forfeited immediately.
   
   
3. Your User account may be closed at urTurn's discretion if no Pointspoints are accrued during a 6 month period. All Pointspoints in your User account will be forfeited at that time.

CHLDREN'S ONLINE PRIVACY PROTECTION ACT | Back to top

Pursuant to the terms of the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personally identifiable information from children under the age of 13. By participating in any urTurn Application, you hereby represent that you are 13 years of age or older, and you are not permitted to participate in any urTurn Application unless you are 13 years of age or older. If you are under the age of 18, your participation in certain portions of the urTurn Application is conditioned on your parents' or guardian's review of and approval to these Terms.

FRAUD OR ABUSE | Back to top

1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted by you, are your sole responsibility. This includes, but is not limited to, messages posted to and descriptions and information contained in urTurn buy and/or sell listings. You, and not urTurn, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the urTurn Applicaiton. urTurn does not control the Content posted via the urTurn Application and, as such, does not guarantee the accuracy, integrity, legality, or quality of such Content. You understand that by using any urTurn Application, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will urTurn be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 any urTurn Application.
   
   
2. Fraud, abuse or the use of automated computer programs (“Bots”)  relating to your participation or use in any urTurn Application or accrual of Pointspoints constitute violations of these Terms. Such violations may result in cancellation of your User account and forfeiture of your accrued Pointspoints. Examples of prohibited fraud or abuse include, but are not limited to:
   
          a. Uploading files that contain viruses, corrupted files, Trojan horses, worms, or any other similar software or programs that may damage the operation of the computers or software of urTurn, or any other User or third party;
   
          b. Deleting or modifying any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded;
   
          c. Incorporating any information from any urTurn Application into any other directory, product, or service without the express, written consent of urTurn;
   
          d. Publishing or distributing any information, message or material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable defamatory, infringing, obscene, indecent or unlawful material or information via any urtrn Application;
         
          e. Defaming, abusing, harassing, threatening, stalking or otherwise violating the legal rights or privacy of other Users or the employees, agents or other representatives of urTurn;
   
          f. Collecting or storing personal data about other Users for any improper or unlawful purpose;
   
          g. Bidding on, offering to purchase and/or offering to sell any product or any Pointspoints without the intent and ability to honor such offers;
   
          h.    Engaging in any activity with a commercial purpose, except as reasonably contemplated by operation of the urTurn application, including, but not limited to, advertising or offering to sell any goods or services other than a private exchange of Pointspoints;
   
          i. Tampering with, harming, disrupting, hacking, or otherwise engaging in any malicious or disruptive conduct in the operation of any urTurn Applicaiton; or
   
          j. Using any urTurn Application in violation of or to violate any state, federal, or local law or regulation.
   
   You acknowledge that urTurn may or may not pre-screen Content, but that urTurn and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via any urTurn Applicaiton. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by urTurn or submitted to urTurn.
   
   You acknowledge, consent and agree that urTurn may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of urTurn, its Users and the public. You understand that the technical processing and transmission of the urTurn Application, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
   
   
3. The urTurn Application is intended to be a service provided to and used by an individual, not a group or company, and not via an automated or mechanical means. Therefore, it would be considered fraudulent and abusive for you to direct, encourage or allow others to use any urTurn Application or your urTurn Account for the purpose of accumulating Pointspoints, or employ software, hardware, or other mechanical means for the direct or indirect purpose of accumulating Pointspoints.
   ANY POINTSPOINTS EARNED OR USED BY YOU THAT RESULT FROM ANY SUCH FRAUDULENT, ABUSIVE, MALICIOUS OR DISRUPTIVE CONDUCT WILL BE FORFEITED, AT THE SOLE DETERMINATION AND DISCRETION OF URTURN.

INTERNATIONAL USAGE | Back to top

This Site is controlled and operated by urTurn from its offices within Ann Arbor, Michigan, United States of America. urTurn makes no representation that the Program is appropriate or available in locations outside of the United States of America. Those who choose to participate in the Program from locations outside of the United States of America do so on their own initiative, at their own risk, and are responsible for compliance with any applicable local laws.

INDEMNITY | Back to top

By participating in any urTurn Application you release and agree to indemnify and hold harmless urTurn and all co-sponsors of the urTurn Application and their respective affiliates, parents and subsidiaries, and their respective employees, agents, and representatives (collectively, "Entities") from any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to person or property that may be sustained in connection with your participation in the urTurn Application. By participating in the urTurn Application, you agree that no claim relating to such injuries, damages, or losses shall be asserted against any of the Entities. You agree that none of the Entities shall be liable for any injury or damage to any person's computer hardware, software, or peripherals utilized in participating in the urTurn Application. None of the Entities are responsible for technical, hardware, software, or other communication failures of any kind, whether caused by any of the Entities, other Users, or by any equipment, programming, or other cause, whether or not such failures limit your ability to participate in the urTurn Application.

ARBITRATION | Back to top

1. As used in this Arbitration section, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to your participation in any urTurn Application. For the purposes of this Arbitration Provision, "you" and "us" also include any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of "Claims." "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with any urTurn Application if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) your User account or any urTurn balances in the your User account, (b) advertisements, promotions or oral or written statements related to the urTurn Application, or (c) the redemption for and use of Pointspoints.
   
   
2. This Arbitration section is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief-written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. Judgment upon the award rendered by the arbitrator shall be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided the applicable rules. Any arbitration hearing shall take place in or around Southfield, Michigan. You and we will split equally the arbitration fees (including filing, administrative, hearing and/or other fees). This Arbitration Provision shall survive termination of the urTurn Application or your participation in it. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity it shall not invalidate the remaining portions of this Arbitration Provision or these Terms.

SOFTWARE | Back to top

Unless otherwise provided, any software, applications, or files that are made available to Users via the urTurn Application ("Software") are the copyrighted work of urTurn and/or its partners or suppliers. Use of Software may be additionally governed by the terms of a end user license agreement, if any, that accompanies or is included with the Software ("EULA "). You must not install or use any Software that is accompanied by or includes an EULA unless you first agree to the EULA terms. For any Software not accompanied by an EULA, urTurn hereby grants to you a license to use that Software as follows:
 
urTurn grants you a personal, nontransferable license to use the Software for participation in the urTurn Application. You may use the Software only in accordance with these Terms, and for no other purpose. You have no right to modify, reverse engineer, decompile, make derivative works from, or further distribute, sell or license the Software. This license expires upon the termination of your participation in the urTurn Application.

DISCLAIMER OF WARRANTIES | Back to top

THE URTURN APPLICATION, AND ALL SOFTWARE, GOODS OR MATERIALS USED IN OR ACQUIRED VIA THE URTURN APPLICATION ARE PROVIDED BY URTURN "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK OF USE OF THE URTURN APPLICATION,  AND ALL SOFTWARE, GOODS OR MATERIALS USED IN OR ACQUIRED VIA THE URTURN APPLICATION. You understand and agree that any material and/or data installed or otherwise obtained through the use of the Program is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the install of such material and/or data. No advice or information, whether oral or written, obtained by you from urTurn or through the urTurn Application shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY | Back to top

YOU EXPRESSLY UNDERSTAND AND AGREE THAT URTURN AND ITS AFFILIATES, RELATED ENTITIES, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF URTURN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE URTURN APPLICATION; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE URTURN APPLICATION; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE URTURN APPLICATION; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE PROGRAM; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE URTURN APPLICATION; OR (vii) ANY OTHER MATTER RELATING TO THE URTURN APPLICATION. In the event that you have a dispute of any kind with one or more Users, you release urTurn (and our agents, affiliates, representatives, officers, directors, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

MISCELLANEOUS | Back to top

1. These Terms and any amendments thereto accompanying the urTurn Application comprise the entire agreement between you and urTurn and supersede all prior agreements between you and us regarding the urTurn Application.
   
   
2. Any waiver of any portion of these Terms will be effective only if in writing and signed by urTurn.
   
   
3. If a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remaining provisions of these Terms will continue in full force and effect.
   
   
4. urTurn will not be responsible for delays or failures in performing its obligations under the Agreements due to any cause beyond its reasonable control.
   
   
5. The failure of urTurn to enforce or require enforcement of any provision of these Terms will not constitute, or be construed to be, a waiver of these Terms, nor will it affect urTurn's right to enforce all other provisions of these Terms.
   
   
6. All questions or disputes regarding any urTurn application, the accrual or earning of Pointspoints or the using of Pointspoints will be resolved by urTurn in its sole discretion.
   
   
7. Pointspoints earned and spent via the urTurn Application may be subject to state, local and/or federal tax liability. The determination of tax liability for any federal, state or local taxes (as may be applicable) arising out of the accrual or conversion of Pointspoints or use of Pointspoints in the urTurn Application shall be your sole responsibility. We make no representation as to the taxability of the accrual, earning, spending, trading or using of Pointspoints.
   
   
8. We are not responsible for typographical errors and/or photographic errors and/or omissions in the urTurn Application.
   
9. These Terms and those of all urTurn Apps are governed by and shall be construed according to the laws (excluding conflicts of law provisions) of the State of Michigan. You consent to the personal jurisdiction of the state and federal courts sitting in and around Oakland County, Michigan for the resolution of any disputes related to any urTurn Application. You further agree that should litigation be necessary to resolve any such dispute between us, that the state and federal courts sitting in or around Oakland County, Michigan shall be the proper venue and a convenient forum for the resolution of such disputes.
   
   
10. You further agree that if litigation is initiated between us, the prevailing party shall be entitled to full and complete recovery of its fees and expenses incurred in prosecuting or defending such action.
    
    
11. The earning, using, and trading of Pointspoints are void where prohibited by law.
    
    
12. Unless explicitly stated otherwise, any new features that augment or enhance any urTurn Application, including the release of new resources or versions of software, shall be subject to these Terms. In order to participate in the urTurn Application, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for your access to and use of the urTurn Application and for all related fees.
    
    Effective date: 04.18.08

 

ARTICLE II. URTURN

MARKETPLACE RULES AND PROCEDURES | Back to top

URTURN MARKETPLACE

The urTurn Marketplace is a urTurn Application that allows Users to use Pointspoints to bid on goods and services ("Auction Items") paid for by urTurn and/or offered by entities authorized by urTurn (“Third Parties”), to conduct auctions via the urTurn Application (collectively "Auctions"). In addition to the Terms set forth in Article I above, and unless otherwise provided in the Auction description provided for a particular Auction, Direct Auctions and Third Party Auctions operate according to the following rules:

1. There is no limit to the number of Auctions a User may bid on at a time.
   
   
2. A User cannot bid more Pointspoints than he/she has available.
   
   
3. A User can win an Auction only if the User's urTurn account is in good standing.
   
   
4. All Auctions will terminate at the time provided indicted however Auctions may have a “soft close”.  A “soft close” is where the Auction will not terminate until both the following conditions are met i) the stated time for the Auction has passed and ii) there have been no bids for a period of ten (10) minutes (i.e. if an Auction is scheduled to close at 5:00 PM and a bid is made at 4:59 PM, the Auction will not close until 5:09 PM – provided no additional bids are made between 4:59 PM and 5:09 PM).   
   
   
5. When an Auction ends, the User with the highest valid bid wins the Auction and and the appropriate amount of Pointspoints will be deducted from the User’s account.  The User will receive an email requesting his/her shipping information and telephone number (for shipping purposes). The requested information must be submitted to urTurn or the Third Party within seventy-two (72) hours after the conclusion of the Auction. The User may also be required to pay shipping and handling charges.  Upon receipt of the information and shipping and handling charges, if any, within the permitted time, urTurn or the Third Party will ship the Auction Item to the winning User by the method chosen by urTurn or indicated by the Third Party. If shipped to a location within the continental United States, the winning User can expect the Auction Item within 7-10 business days. Auction Items shipped outside of the continental United States will take longer to arrive. Unless otherwise indicated, all shipping charges will be paid by urTurn or the Third Party.
   
   
6. Return of items won in Auctions and any warranty applicable to such products and/or services shall be handled according to the warranty and return policies provided by the supplier and/or manufacturer of the Auction Item. urTurn shall have no liability or obligation whatsoever for products or services purchased in Auctions.
   FOR THE PERFORMANCE OR NON-PERFORMANCE OF PRODUCTS AND SERVICES WON IN AUCTIONS OR CLAIMS THAT THE PRODUCTS OR SERVICES DO NOT CONFORM TO A WARRANTY, YOUR SOLE REMEDY SHALL BE THAT SET FORTH IN THE MANUFACTURER'S AND/OR SUPPLIER’S WARRANTY, IF ANY. The benefits and obligations of any applicable warranty shall pass from urTurn or the manufacturer (as applicable) through to you upon the closing of the Auction. urTurn shall have no liability for warranty or return claims, and you shall seek any such returns or service directly from the manufacturer or supplier.  urTurn is not responsible for goods damaged during shipping.  Any shipping damage claim should be directed to the carrier delivering the goods.

MISCELLANEOUS AUCTION TERMS AND CONDITIONS | Back to top

1. While using urTurn Auctions, you will not:
   
   a. participate or bid on Auctions if you are not able to form legally binding contracts (i.e. under the age of 18, and your parent or legal guardian has not agreed in writing with urTurn to be legally bound by your actions);
   
   b. Manipulate the price of any item or interfere with other User's listings (i.e bidding without the intent or desire to acquire the goods or services being auctioned); circumvent or manipulate our fee structure, the billing process, or fees owed to urTurn (if any);
   
   c. Take any action that may undermine any feedback or ratings system (such as displaying, importing or exporting feedback information off of urTurn Auctions or for using it for purposes unrelated to urTurn Auctions);
   
   d. Copy, modify, or distribute content from urTurn Auctions or urTurn’s copyrights and trademarks; or otherwise collect information about users, including email addresses, without their consent.
   
   
2. Without limiting other remedies, we may limit, suspend, or terminate urTurn Auctions or any individual Auction, prohibit access to urTurn Auctions, delay or remove listed items, and take technical and legal steps to keep users off urTurn Auctions if we think that they are creating problems, possible legal liability, or acting inconsistently with the letter or spirit of these Terms.
   
   
3. Unless otherwise provided, participation in urTurn Auctions and bidding on listed items is free. If your participation in any aspect of urTurn Auctions requires a fee, you will have an opportunity to review and accept the fee that you will be charged.
   
   
4. We have no control over and do not guarantee the quality, safety or legality of the Auction Items, the truth or accuracy of listings or the ability of suppliers and/or manufacturers to sell and deliver the Auction Itemsn. WITH REGARD TO ANY ITEM WON IN AN AUCTION, URTURN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT;  
   
   
5. We cannot guarantee continuous or secure access to urTurn Auctions. Operation of urTurn Auctions may be interfered with by numerous factors outside of our control. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of urTurn Auctions. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
   
   
6. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms, whether between urTurn and a Third Party, or between urTurn and any User.