Terms of Use

Turkey Club America (TCA) WEB SITES

TERMS OF USE and NOTICES

AGREEMENT BETWEEN USER AND TCA

The TCA Web Sites constitute various Web sites and Web pages operated by TCA or its affiliates (collectively, the "TCA Web Sites").

The TCA Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TCA Web Sites constitutes your agreement to all such terms, conditions, and notices.

Additionally, the TCA Web Sites may themselves contain additional terms that govern particular features or offers (for example, special offers, blog or chat areas).

In the event that any of the terms, conditions, and notices contained herein conflict with the terms and guidelines contained within any particular TCA Web Site, then these terms shall control.

MODIFICATION OF THESE TERMS OF USE

TCA reserves the right to change the terms, conditions, and notices under which the TCA Web Sites are offered, including but not limited to the charges associated with the use of the TCA Web Sites. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the TCA Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TCA Web Sites.

LINKS TO THIRD PARTY SITES

The TCA Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of TCA and TCA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TCA is not responsible for webcasting or any other form of transmission received from any Linked Site. TCA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TCA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TCA Web Sites, you warrant to TCA that you will not use the TCA Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TCA Web Sites in any manner that could damage, disable, overburden, or impair the TCA Web Sites or interfere with any other party's use and enjoyment of the TCA Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TCA Web Sites.

USE OF COMMUNICATION SERVICES

The TCA Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

• Conduct or forward surveys, contests, pyramid schemes, or chain letters.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

• Violate any applicable laws or regulations.

TCA has no obligation to monitor the Communication Services. However, TCA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TCA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TCA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in TCA's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TCA does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, TCA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Participants are not authorized TCA spokespersons, and their views do not necessarily reflect those of TCA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TCA OR POSTED AT ANY TCA WEB SITE

TCA does not claim ownership of the materials you provide to TCA (including feedback and suggestions) or post, upload, input, or submit to any TCA Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting TCA, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TCA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TCA's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

SOFTWARE AVAILABLE ON THE TCA WEB SITES

Software (if any) that is made available to download from the TCA Web Sites, excluding software that may be made available by end-users through a Communication Service ("Software"), is the copyrighted work of TCA and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, TCA hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular TCA Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by TCA and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TCA WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TCA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TCA WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE TCA WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TCA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE TCA WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TCA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL TCA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TCA WEB SITES, WITH THE DELAY OR INABILITY TO USE THE TCA WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE TCA WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE TCA WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TCA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 TCA WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TCA WEB SITES.

SERVICE CONTACT: This email address is being protected from spambots. You need JavaScript enabled to view it.

TERMINATION/ACCESS RESTRICTION

TCA reserves the right, in its sole discretion, to terminate your access to any or all TCA Web Sites and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Butte County, California, U.S.A. in all disputes arising out of or relating to the use of the TCA Web Sites. Use of the TCA Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TCA as a result of this agreement or use of the TCA Web Sites. TCA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TCA's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the TCA Web Sites or information provided to or gathered by TCA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TCA with respect to the TCA Web Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and TCA with respect to the TCA Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the TCA Web Sites are: Copyright © TCA and More Than Life Inc., and/or its suppliers, 1900-12 Oro Dam Blvd, #255, Oroville, CA, U.S.A. All rights reserved.

TRADEMARKS. TCA and/or other TCA products referenced herein are either trademarks or registered trademarks of TCA and/or More Than Life Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

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