TERMS OF USE

Please Read Carefully

By accessing the "Website" (turbot.com, steampipe.io, powerpipe.io, flowpipe.io, sub-domains or any other Turbot HQ, Inc websites that link to this Policy) and "Software" (hosted or distributed by Turbot HQ, Inc such as on hub.steampipe.io, hub.powerpipe.io, hub.flowpipe.io, and github.com/turbot), collectively as "Services", you agree to the following Terms of Use ("Terms"). If you do not agree, you should exit the Website and stop using the Services.

As used herein, the words "User," "you" and "your" mean users of the Services and the words "we," "our," "us" and "Turbot" mean Turbot HQ Inc, the owner and operator of the Services, and the provider of the Services provided through the Website.

We reserve the right to revise these Terms at any time by updating this posting, and also to modify or terminate any products, Services or features on the Website at any time. All products, services or features available on or through these Services are subject to these Terms.

By accessing the Services, you represent, acknowledge and agree that you are at least 18 years of age. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold us harmless if said minor breaches or disaffirms any term or condition of this Agreement.

Your use of the Services is also subject to Turbot's Acceptable Use Policy https://turbot.com/legal/aup/, Turbot's Privacy Policy https://turbot.com/legal/privacy, and Turbot's Trademark Policy https://turbot.com/legal/trademark/.

Limitations on Use

You may download or integrate to the Services solely for use with, or in support of, using the Software. This is for personal non-commercial use only, provided that you maintain all copyright and other notices contained within. Copying, storing, distributing, modifying, transmitting, reusing, reposting or integrating to the Services other than personal, noncommercial use is expressly prohibited without prior written permission or with a license agreement from Turbot. You may not frame, mirror, or deep-link to the Website for any purpose, or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website. You may not reverse engineer, redistribute, or embed our Services for public or commericial purposes. These limitations apply to all material with the Services, including but not limited to the text, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Turbot and/or its contributors. Unless otherwise noted, all material with the Services is copyrighted.

Privacy

Disclosure and use of information obtained from Users and, if applicable, third parties is subject to Turbot's Privacy Policy: https://turbot.com/legal/privacy

Submissions

Any communications or materials you transmit to any public area on the Website or with the Software, or that you submit to us not as part of your personal information and that are not covered by our Privacy Policy ("Submissions"), may be used by us and our affiliates, licensees and assignees for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, inclusion in products sold by Turbot, and posting in any and all media without compensation to you. This includes any ideas, concepts, know-how, or techniques in any such Submission.

When you visit the Website, submit information through the Website, call Turbot's phone number, or send emails to Turbot, you are communicating with Turbot electronically; and you consent to receive communications from Turbot electronically. Turbot will continue to communicate with you by email, phone or by posting notices on the Website. You agree that all agreements, calls, notices, disclosures and other communications that Turbot provides to you electronically satisfy any legal requirement that such communications be in writing.

By submitting to us any Submissions, you represent and agree as follows:

The Submissions are your own. You did not copy them from anyone else. You have the right to submit them to us for publication.

We shall have the right to post (or to elect not to post) the Submissions on the Website, and to modify them in any way we deem appropriate, either before or after posting.

Our right to use the Submissions is royalty-free (that is, without payment to you), and extends to all media, whether now existing or later discovered, including but not limited to print, film, electronic, etc. (not limited to our Services). This permission is non-exclusive, permanent, irrevocable and worldwide.

You must include your name and e-mail address with any submission so we can contact you with any questions. Your name (but not your e-mail address) will be posted with the Submissions on the Website and any other media in which we publish the Submissions. If you object to any modification(s) we make to the Submissions, you may request to have your name removed from any later publications.

We are not responsible for any content, advice or information furnished or posted by members or other third parties, including but not limited to postings on any bulletin boards, user forums, chat rooms, member tips, or other spaces that invite submissions.

Turbot may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Turbot may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

Submissions to Other Sites

You hereby grant to us a perpetual, worldwide, royalty-free license to any communications or materials you submit to Turbot's pages on any other website (such as Twitter, LinkedIn, Facebook, Instagram, or user forums) for use by us and our affiliates, licensees and assignees for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, inclusion in products sold by Turbot and posting in any and all media.

Third Parties

We use reasonable efforts to include accurate and up-to-date information in the Services, but makes no warranties as to its accuracy. We have not reviewed any sites linked to the Website or Software and are not responsible for the content of any off-Website pages or any sites linked to the Services. Your access to, and use of, the Services, including your linking to any other off-Website pages or other sites, are at your own risk.

Any merchandise, coupons, offers, products or services offered to you through links to the Website are provided by third parties who are not affiliated with Turbot. We do not endorse any third-party sites or any offers available through any such sites. We have no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.

Disclaimer of Warranties

EVERYTHING WITH THE SERVICES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TURBOT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY PRODUCTS, SERVICES, FEATURES, INFORMATION OR ADVICE ON THE WEBSITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE SERVICES.

Disclaimer and Limitation of Liability

Turbot and its affiliates and their respective members, managers, officers, employees, contractors and agents (in each case, a "Released Party") shall not be liable for any direct, indirect incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Services, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services or features, even if advised of the possibility of such damages or losses. Each Released Party's maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed one dollar (US $1.00).

Indemnity and Release

As a material inducement to provide you with use of the Services, by using the Services, (i) you release each Released Party from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Services or any materials downloaded from this Services and (ii) you indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including without limitation attorneys' fees and costs.

If you have a dispute involving the Services with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs 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."

Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in these Terms are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website or in the Software, are the Trademarks of Turbot, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Website or in the Software without the written permission of Turbot or the third party that may own the relevant material. Additional details are within the Turbot Trademark Policy: https://turbot.com/legal/trademark/

Intellectual Property Infringement Claims

We will respond as quickly as practical to any claims that infringing material appears on the Website, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the "Act", "DMCA"), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent electronically to [email protected], or by mail to: Turbot HQ, Inc Attn: Turbot Legal - Registered Copyright Agent 500 Westover Dr #20232 Sanford, NC 27330

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.

Violations

You are responsible for violations of these Terms, whether intentional or unintentional, by you or by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision. Turbot reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to suspending or terminating access to the Website. Any failure by Turbot to enforce any of our rights hereunder shall not be deemed a waiver of such rights or of any other rights.

Miscellaneous

These terms and conditions are governed by the laws of the State of New York, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating hereto or to any use of the Services shall be resolved exclusively in the State or Federal Courts located in New York City, New York, and you and Turbot both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Website is made available only to provide information about Turbot and its products and Services. Turbot controls and operates the Services from its headquarters in New Jersey and makes no representation or warranty that materials in the Services are appropriate or available for use in any other jurisdictions. If you use the Services from elsewhere, you are responsible for compliance with all applicable local laws.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Turbot does not currently charge any fees for access and use of the Website and most of Turbot Software. If you have a question or complaint regarding the Website or Software, please contact Turbot by writing to: Turbot HQ, Inc, Attn: Turbot Legal, 500 Westover Dr #20232, Sanford, NC 27330, or by emailing [email protected], or by calling Turbot at 888-288-7268. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs ("DCA"), by their website https://www.dca.ca.gov/, by emailing [email protected], by writing to: 1625 North Market Blvd., Sacramento, CA 95834, or by calling DCA at 800-952-5210.