Terms of Service	MyClub - Logout - Help - Home

1. Acceptance of Terms
   TurboBase provides its services to you subject to the following Terms of Service ("TOS"). We may change these TOS from time to time without notice to you. Please do not use this site if any part of the TOS is not acceptable to you.
2. Description of Service
   TurboBase provides users the ability to store and share information about their club and its members ("Service"). You also understand and agree that the Service may include certain communication from TurboBase and from other users of the Service that you will not be able to opt out of receiving. We may modify the Service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.
3. Your Registration Obligations
   In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide correct and current information about yourself and to update that information to keep it correct and current.
4. Privacy Policy
   Click here to review our Privacy Policy
5. Member Account, Password and Security
   You will receive a password when your information is added to the Service either by you or by an administrator of your club. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. TurboBase cannot and will not be liable for any loss or damage arising from an unauthorized person obtaining access to your account or password.
6. Payment Terms
   The Service free. In the future, TurboBase may provide additional features that may have a fee associated with them.
7. Member Conduct
   You understand that all information, text, messages or other materials ("Content"), whether posted publicly or transmitted privately are the sole responsibility of the person from which such Content originated. This means that you, and not TurboBase, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Service. Under no circumstances will TurboBase be liable in any way for any Content made available via the Service. You agree to not use the Service to:
   • make available any Content that is not related to the working of your club;
   • make available any Content that is harmful, unlawful, threatening, vulgar, inappropriate, defamatory, invasive of another's privacy or otherwise objectionable;
   • harm minors in any way;
   • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
   • make available any Content that you do not have a right to make available under law;
   • make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   • make available any unsolicited or unauthorized advertising, junk mail, spam, chain letters or any other form of solicitation;
   • make available any material that contains software viruses or any other computer code, files, programs or emails that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • interfere with or disrupt the Service or servers connected to the Service;
   • intentionally or unintentionally violate any applicable local, state, national or international law
   • "stalk" or otherwise harass another; or
   • collect or store personal data about other users;

   You may not attempt to gain unauthorized access to the Service through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

   You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the browser based interface that is provided by TurboBase for use in accessing the Service.

   You acknowledge that TurboBase may not pre-screen Content, but that TurboBase shall have the right (but not the obligation) in its sole discretion to delete, refuse or move any Content that is available via the Service.

   You acknowledge, consent and agree that TurboBase may access, preserve, and disclose your account information and Content if required to do so by law or to comply with legal process or to enforce the TOS or to respond to claims that any Content violates the rights of third-parties or to respond to your requests for customer service or to protect the rights, property, or personal safety of TurboBase, its users and the public.

8. Indemnity
   You agree to indemnify and hold TurboBase harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No Resale of Service
   You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. Storage Space and Other Limitations
    You acknowledge that TurboBase may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days any Content will be retained by the Service, the maximum number of email messages that may be sent by you, the maximum size of any email message that may be sent you, the maximum disk space that will be allotted on TurboBase's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TurboBase has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that TurboBase reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TurboBase reserves the right to modify these limits from time to time.
11. LIABILITY DISCLAIMER
    THE CONTENT, SOFTWARE, AND FEATURES INCLUDED IN THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICE AND TO THE INFORMATION THEREIN. TURBOBASE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE CONTENT, SOFTWARE AND FEATURES CONTAINED WITHIN THE SERVICE FOR ANY PURPOSE. ALL SUCH CONTENT, SOFTWARE, AND FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TURBOBASE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, SOFTWARE, AND FEATURES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

    YOU SPECIFICALLY AGREE THAT TURBOBASE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT. YOU SPECIFICALLY AGREE THAT TURBOBASE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT TURBOBASE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PARTY.

    IN NO EVENT SHALL TURBOBASE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

12. General Information
    Entire Agreement: The TOS constitute the entire agreement between you and TurboBase and govern your use of the Service, superceding any prior agreements between you and TurboBase.
    Jurisdiction: The courts in San Mateo County, California, will have exclusive jurisdiction in all disputes relating to the use of this Service.
    Choice of Law: The TOS will be governed and construed in accordance with California law.
    Waiver and Severability of Terms: The failure of TurboBase to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
    No Right of Survivorship and Non-Transferability: You agree that your access to the Service is non-transferable and any rights to user the Service terminate upon your death.
    Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

13. Violations
    Please report any violations of the TOS to Support@TurboBase.com

This document was last updated on January 1, 2004