Terms of Use

Effective Date: March 28, 2024

These Terms of Use (“Terms”) govern your use of TurleyTalks.com (“Website”). By using the Website, you agree to these Terms. We , Turley Talks, LLC, or the “Company”, have other internet properties which have different terms and conditions, and those terms and conditions govern your use of those properties and services. We reserve the right to make changes to the Website and these Terms at any time. The changes will be posted here and enforced from the date of the revision posting forward without further notice to you. The posted Privacy Policy describes our collection and use of all information provided by you or collected by us throughout our Website and is incorporated by reference. The Privacy Policy contains our contact information. We are located in the United States of America and your use of our Website is governed by the laws of the United States. The information provided may not be appropriate or available for use in other jurisdictions. If you access or use our Website from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law and have affirmatively consented to the transfer of your information to the United States. You must be at least sixteen (16) years old to use the Website or any services or products provided on or through the Website.

Your access to and use of certain registered subscription services (“Service”) is conditioned upon your compliance with this Agreement, our Privacy Policy, and any additional terms or end user license agreement that might accompany the Services all of which are incorporated herein by this reference. Your access to and use of certain Services may require you to accept additional terms and conditions applicable to such Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.

THESE TERMS HAVE AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES AND RESTRICTS YOU FROM CLASS ACTION PARTICIPATION. IT ALSO HAS TERMS WHICH LIMIT OUR LIABILITY. PLEASE REVIEW CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1. Services.

We offer opinion content and services on our Website, through video services, RRS feeds, podcasting services, mobile app, and other features, or applications we may offer from time to time (collectively, “Services”). Our Services are provided to you for your personal enjoyment and entertainment. By visiting our Website or using our Services (irrespective of whether or not you are a registered subscriber), you accept and agree to be bound by this Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules, and regulations (“Applicable Law”).

We own or have licensed all content and information we post on the Website or in our Services. You may copy and reproduce our content for your own personal use, but you may not use it for any commercial use. We may also impose limits on certain features, content, and Services offered on our Website or in our Services or restrict your access to parts or all of the Website or Services without notice or liability. You acknowledge that from time to time, the Website and Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment or software malfunctions; (b) periodic maintenance procedures; or (c) causes beyond our control which are not reasonably foreseeable by us. We may change, suspend, or discontinue the Website (or any feature) or Services at any time and for any reason within our sole discretion and without liability to you.

2. Fees for Services.

You agree that we reserve the right to charge subscription fees for certain parts of our Services and these properties are held on a separate platform with separate terms and privacy notices. We provide you with advance notice of such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to continue with the Service or pay the modified fee. If you continue to use the Services after a subscription fee has been imposed or increased, you are expressly agreeing to the subscription fee or increase thereto, and you will be responsible for paying such subscription fee for the balance of your subscription. If we suspend or terminates your account and/or access to the Services because you have breached the Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments. If we discontinue the Service related to the fees, we will cease charging a fee and refund any unused fee to you.

3. Purchasing Services or Products.

In connection with a purchase of any service, subscription, or product on our Website (“Fee Product”), you may be required to provide personal information, including your name, address, telephone number, email address, credit card, and billing information (collectively, “Payment Information”), to an independent third-party selected by, but not affiliated with us (“Processor”). The Processor is responsible for collecting, transmitting, and/or processing your Payment Information and, in some instances, for fulfilling your order, all payment obligations for Fee Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase through our Website, you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a Fee Product.

We make no warranty and accept no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Fee Product with the Processor. We provide no refunds, and to the fullest extent provided by law, accepts no liability regarding purchases you make through our Website. You are solely responsible for any and all transactions utilizing your Payment Information, including, but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent permitted by law, in the event Processor experiences a data breach that affects your Payment Information, we will not be responsible or liable to you for any such breach.

We do not store any record of Payment Information related to purchases or other transactions you make for the Fee Products or Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions, or believe that there is an error, or unauthorized transaction, or activity associated with transactions utilizing your Payment Information, you must contact the Processor.

4. Your Content.

If you provide us with any content through a submission, posting in comments, photos, or submitting information intended to be posted on our Website, you own the content, but have provided us a license or permission to use, copy, display, and publish your content on the Website and in our marketing and newsletters. As such, we may display your content to be viewed by others and we may use it to advertise and promote the Website or other commercial and marketing purposes. You agree that use of your content is royalty-free, and we do not owe you any revenue or other benefits from using your content. Your license to us is intended by you to last as long as we use the content.

Because of our use of your content, you agree that you provide us only content in which you own all rights to the content and that you have authority to provide it to us to use in the manner described in this section. You also represent and warrant that your content does not violate or infringe on the intellectual property, privacy, publicity, or other legal rights of any third-party.

We will use your content in our sole discretion, and we may not accept or use your content. We may remove your content any time and for any reason.

5. Use of the Website and any Services.

You are responsible for your use of our content, information, services, or products found through links on the Website or Services. The news articles, opinion blogs, links, Services, and products found throughout our Website and Services may be owned by third-parties and we have no control and therefore no liability for these links, services, or products. These are put on the Website for your convenience and to generate ad revenue for us to continue our publication of informational articles, news, and blogs. We do not endorse any of the services or products found through the links. You use these links and purchase products and services at your own risk.

You take full responsibility for your participation on the Website. As a condition of using certain features of the Website or Services, you may be required to register on the Website and/or select a username and password. All registration information you submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not: (a) select or use as a username a name of another person with the intent to impersonate that person; or (b) use as a username a name subject to any rights of another person without appropriate authorization. We reserve the right to refuse registration of, or cancel, a username, in our sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access the Services without our permission. You agree not to sell, transfer, or assign your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.

You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address, or password of anyone else or another subscriber at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account or password.

6. Prohibited Conduct.

Our goal is to create a safe and informed platform to express all different types of opinions. To promote this goal, we prohibit certain conduct that may be harmful to other users or to our reputation. When you use the Website or Services, you may not: (a) violate any law or regulation; (b) violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights; (c) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (d) transmit any malicious or unsolicited software; (e) stalk, harass, or harm another person or entity; (f) impersonate or misrepresent your affiliation with another person or entity; (g) use malicious code to “scrape,” “crawl,” or “spider” any pages contained in the Website; or (h) interfere with or disrupt the Website.

7. Accuracy of Information.

We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Website or Services. We are not liable for any loss or damage that might arise from your reliance on any content available on or through the Website or Services. Use the Content at your own risk.

8. Digital Millennium Copyright Act (“DMCA”).

We respect the intellectual property rights of others. If notified of a violation of another party’s intellectual property rights, we will remove the offending content. If you believe your work has been copied in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the claimed infringing material reasonably sufficient to permit us to locate the material on the Website.
• Information reasonably sufficient to allow us to contact you, such as an address, telephone number, and, if available, an email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or by law.
• A statement by you, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your physical or electronic signature.

We will be in contact with you within thirty (30) days of receipt of your notice or sooner if possible. We appreciate your authorship and ownership of your intellectual property, and we will work with you to address all of your concerns.

9. Disclaimer of Third-Party Links and Services.

Our Website or Services may provide links to other websites, applications, products, resources, or other services created by third-parties (“Third-Party Services”). When you engage with a provider of a Third-Party Service, you are interacting with the third-party, not with us.

If you choose to use a Third-Party Service and share information with it, the provider of the Third-Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third-Party Service. We encourage you not to provide any personally identifiable information to or through any Third-Party Service unless you know the party and are comfortable providing your information.

In addition, the provider of the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development, or payment services. We are not responsible for and make no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or their privacy practices.

Inclusion of any Third-Party Service or a link thereto on our Website or in our Services does not imply approval or endorsement of the Third-Party Service. We are not responsible for the content or practices of any websites other than our own, even if the website links to our Website.

10. Disclaimer and Limitations on Our Liability.

OUR PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE MAKE NO GUARANTEES OR PROMISES OF ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE COMPANY CONTENT OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT YOUR USE OF OUR CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS TO OUR WEBSITE, CONTENT, OR SERVICES WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH, OR IN CONNECTION WITH OUR OR THIRD-PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD-PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY, OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH) RESULTING FROM USE OF THE COMPANY SERVICES, PROBLEMS, OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF OUR WEBSITE, CONTENT, OR SERVICES, ATTENDANCE AT A SPONSORED EVENT, ANY MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED IN CONNECTION WITH OUR WEBSITE OR SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT, OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH OUR WEBSITE OR SERVICES, OR THE CONDUCT OF ANY USERS OF OUR WEBSITE OR SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD-PARTY ADVERTISEMENTS, THIRD-PARTY SERVICES, AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF OUR WEBSITE, CONTENT, APPS, AND SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE COMPANY SERVICES.

YOU AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF ANY ACT OR OMISSIONS BY US OR YOUR USE OF OUR WEBSITE, CONTENT, OR SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF OUR WEBSITE, SERVICES, OR CONTENT. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.

11. Indemnification.

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) provision and use of your content; (b) the use or distribution of any portion of the Website by you; (c) the violation of these Terms of Use by you; or (d) the violation of any rights of any third-party, including intellectual property, privacy, publicity, or other proprietary rights by you. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we assume the defense, you will reasonably cooperate with us in such defense.

12. Binding Arbitration and Waiver of Class Action Participation.

(a) We, our parent, subsidiaries, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined herein) between you and us, regarding any aspect of your relationship with us, will be resolved in a binding, confidential, individual, and fair arbitration process, and not in court. You and we agree to give up the right to sue in court.

(b) The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and the Company that arise from or in any way relate to or concern our Website or Services, this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.

(c) You and we also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Turley Talks, LLC.

(d) There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Arbitration Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under these Terms of Use.

(e) These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of the Terms of Use.

(f) Any arbitration between you and the Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (“JAMS Rules”), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Company cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Company and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website http://www.jamsadr.com/rules-streamlined-arbitration/https://www.jamsadr.com/consumer-minimum-standards/

(g) You and we agree to abide by the following rules for arbitration:

(i) NEITHER OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF;

(ii) Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards as set forth herein;

(iii) The arbitrator may award any individual relief or individual remedies that are permitted by applicable law and these Terms of Use; and

(iv) Each side pays his, her or its own attorneys’ fees.

(h) JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Company, you and the Company acknowledge and agree to abide by the following:

(i) If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), We will pay the filing fee on your behalf or reimburse your payment of it;

(ii) If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but We will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator;

(iii) If the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim shall be decided on written submissions only, without a telephonic or in-person hearing. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules; and

(iv) If the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.

(i) We each agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any arbitration proceedings, including the arbitrator’s decision and the existence or amount of any award, except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, We each agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within fifteen (15) business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.

13. Governing Law.

The Agreement will be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without regard to its conflict of law provisions.

Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in Lancaster, Pennsylvania to resolve any Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT.

SUBJECT TO APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE COMPANY SITES, OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

14. Waiver and Severability of Terms.

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

15. Entire Agreement.

This Agreement constitutes the entire agreement between you and us and governs your use of the Website, superseding any prior agreements.

16. Electronic Communications.

When you visit our Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.