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Terms & Conditions

Turnagain Collectibles Ltd.

Services User Agreement

February 18, 2024 Onward

  1. Introduction

This User Agreement, and additional terms posted or policies posted on the site, are the services and they set out the terms on which Turnagain offers seller access to use the Services. You can find an overview of our seller program and the policies at Policies. You agree to comply with all terms of this User Agreement when accessing or using the Services. You are contracting with Turnagain Collectibles Ltd., 34 Drummond Close, Red Deer, T4R 3E1 referred to as “Turnagain,” “we,” or “us.”

This User Agreement contains provisions that govern how claims you and we may have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” below). It contains an Agreement to Arbitrate which will require you to submit claims you have against us to binding and final arbitration (“Agreement to Arbitrate”).   You will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. About Turnagain Collectibles Ltd.

Turnagain is both a marketplace that allows users to offer, sell, and buy goods, and a vendor of a portion of those products.  Turnagain is not a party to contracts for sale between third-party sellers and buyers, nor is Turnagain a traditional auctioneer. Turnagain is a non-exclusive alternative sales channel, with terms that balance between sellers and buyers acting in good faith, and within defined terms and policies, appropriate for collectibles and not high margin retail products.

Any guidance Turnagain provides as part of our Services, such as shipping or listing is solely informational.   We may help facilitate the resolution of disputes between buyers and sellers, but the terms are to be respected.  Turnagain has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction.  We do however act in good faith in supporting the parties. 

  1. Using Turnagain Services

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • fail to pay for items purchased by you,
  • fail to deliver items sold by you, 
  • manipulate the price of any item or interfere with any other user’s listings,
  • take any action that may undermine communications,
  • transfer your Turnagain account, 
  • share your log in credentials with any third parties,
  • create listings, post, or upload content in inappropriate categories or areas on our sites,
  • engage in gambling,
  • post false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes,
  • distribute viruses or any other technologies that may harm Turnagain or the interests or property of users,
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, 
  • circumvent any technical measures used to provide our Services;
  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Turnagain application, 
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Turnagain or others). Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Turnagain or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content or products that do not belong to you;
  • commercialize any Turnagain application or any information, data, or software associated with such application, except with the prior express permission of Turnagain, or
  • harvest or otherwise collect or use information about users.

Sellers must meet Turnagain’s registration and application standards. Failure to meet these standards may result in Turnagain charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

If we believe you are violating this User Agreement or any of our policies, or abusing Turnagain and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, suspend, or terminate your user account and access to our Services, delay or remove hosted content, remove, not display, and/or freeze listings, and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.

We do not have a policy prohibiting offers to buy or sell outside Turnagain unless the sale is initiated on the site. If offending this condition, a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement may be undertaken by Turnagain. 

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

  1. Policy Enforcement

When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

  1. Fees and Taxes

We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services, we may charge those buyers for supplemental Services.

The fees we charge sellers for using our Services to sell goods and services are listed on our page on selling fees. We may change our selling fees from time to time by posting the changes on the Turnagain site thirty (30) days notice in advance.

If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Turnagain. You may offer or reference your contact information or ask a buyer for their contact information related to buying or selling offsite, but must respect fee arrangement and shipping terms.  You will be liable to pay the fee applicable to that item, if the item is sold, given the introduction to a buyer. We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services, we may charge those buyers for supplemental Services.

We are required to charge GST or HST on sales and remit those on seller’s behalf to the Canada Revenue Agency.  These are reported to you and should not be duplicated. The amounts collected on sellers behalf are not remitted directly to sellers.

You as a seller must have a payment method on file and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, and undertake collection or offset action.

  1. Listing Conditions

When listing an item for sale on our Services, you agree to comply with Turnagain’s Policies and also agree that:

    • You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by Turnagain 
    • Your listing may not be immediately searchable by keyword or category. Turnagain can’t guarantee exact listing.
    • Your listings may renewed automatically, or may default automatically over time or the listing is ended by you or Turnagain, in its sole discretion,
    • The content you provide complies with all of our listing policies 
    • Content that violates any of Turnagain’s policies may be modified, obfuscated, or deleted at Turnagain’s sole discretion,
    • We may revise product data associated with listings to supplement, remove, or correct information,
    • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
      • buyer’s location, search query, browsing site, and history;
      • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
      • number of listings matching the buyer’s query,
    • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
    • Artificial intelligence-based tools may be used to provide you with content; availability and accuracy of these tools and content are not guaranteed,
    • For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Turnagain may require the use of certain payment methods. 
    • You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency. 
    • Similarly you will not list product if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental agency. These would include pornographic or items which breach privacy or security of individuals or other parties.
    • Turnagain has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using our Services,
    • You will not list any counterfeit, stolen, fake, or fraudulent products including non genuine autographs or other materials or products. 
  • Selling fees do not purchase exclusive rights to item exposure on our Services or their sale. 
  1. Purchase Conditions

When buying an item using our Services, you agree to the Rules and Policies for Buyers that:

  • You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy,
  • You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received,
  • We do not transfer legal ownership of items from the seller to a buyer,
  1. International Buying and Selling

Given the nature of Turnagain’s global marketplace, listings may be viewed and purchased by, and shipped to, buyers around the world. Some of our collectibles are accessible internationally. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

If you purchase an item on the Turnagain site, you are subject to the User Agreement. The shipping for international buyers including insurance and tracking is subject to supplemental fees which may not appear on your check out and these will be confirmed prior to shipping.

  1. Content

You represent and warrant that, for all products you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Turnagain takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Turnagain users). You may use that content in your other listings. The product data includes copyrighted, trademarked, and other proprietary materials that you agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Turnagain is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name “Turnagain” and other Turnagain marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Turnagain Collectibles Ltd., an Alberta incorporated company resident in that Province of Canada.  They may not be used without the express written prior permission of Turnagain.

  1. Notice for Claims of Intellectual Property Violations 

We respond to notices of alleged copyright infringement. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate it. 

  1. Holds and Restricted Funds

To protect Turnagain from risk of liability for your actions as a seller, Turnagain may restrict access to your funds as described in the Payments Policy. 

  1. Authorization to Contact You

Turnagain may contact you by emails, calls and text messages, at the telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Our collection, use, disclosure, retention, and protection of your personal information is governed by our Privacy Policy (on the website). As described in our Privacy Policy Turnagain may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers. 

Privacy of Others; Marketing

If Turnagain provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. 

  1. Additional Terms

Returns and cancellations for sellers

Sellers do not have the right to cancel orders except in the case of non or delayed payment. Sellers may at their discretion consider returns. 

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Returns and cancellations for buyers

Buyers do not have the right to cancel an order. Buyers may request to cancel an order on Turnagain, and the seller will have 3 days to accept or decline the request. If the order cannot be canceled, buyers are not permitted to return the item. They may be permitted to relist the item.

 

  1. Payment Services

Payments for goods and services sold using our Services are facilitated by payment parties engaged by Turnagain. To receive payment for an item sold using our Services, you must accept and comply with the Payments Policy, including the requirements to provide to Turnagain information about you, your business, and the financial account you will use to receive payments.

If you are a buyer:

  • You may pay for items and services using the payment methods that the Turnagain makes available, and the Turnagain will manage settlement of the payment to sellers. When buying on our Services, you authorize Turnagain to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller.  Payments received by Turnagain from you will satisfy your obligations to pay the seller in the amount of payments received.
  • In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering (“AML”) compliance, compliance with economic or trade sanctions, in connection with Turnagain’s internal risk controls or due to potential violations of any policy of Turnagain, or a policy of one of the third-party payment services providers.
  • Turnagain, will not save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you when you make a purchase, or make any other transaction on our Services where card information is entered. You will only provide information about payment methods that you are authorized to use. By using a payment method  with us, you authorize Turnagain to charge your payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded or paid to you in error.
  • You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by Turnagain. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that Turnagain has no control over, or responsibility or liability for, such fees or actions.
  1. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Turnagain’s applications may not occur in real time. Such functionality is subject to delays beyond Turnagain’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Turnagain (including our officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this User Agreement whether or not they were foreseeable or Turnagain was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by Turnagain;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Turnagain Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake, fraudulent or counterfeit items;
  • a suspension or other action taken with respect to your account or breach of the Using Turnagain section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the least of (a) the price the item sold for on Turnagain (including any applicable sales tax) plus its original shipping costs, (b) the amount of fees in dispute, not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $200 Canadian Funds.

  1. Release

If you have a dispute with one or more users, you release us (and our officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. Indemnity

You will indemnify and hold us (including our officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

  1. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TURNAGAIN HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes section, the term “related third parties” includes your and Turnagain, its successors, assigns, as well as your, Turnagain’s employees and agents.

You and Turnagain each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and Turnagain (or any related third parties) that relate in any way to or arise out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Turnagain or its agents, or any products or services sold, offered, or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.

  1. Applicable Law

You agree that, except to the extent inconsistent with or pre-empted by federal law, the laws of the Province of Alberta, Canada, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Turnagain, except as otherwise stated in this User Agreement.

  1. Agreement to Arbitrate

You and Turnagain each agree that any and all disputes or claims that have arisen, or may arise, between you and Turnagain that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Turnagain or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. 

Exemption – Small Claims Court Claims

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court at Red Deer Alberta for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only. If a party initiates an arbitration asserting a claim that falls within the jurisdiction of the Red Deer, Alberta small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed in small claims court.

Any dispute about whether a claim falls within the Red Deer Alberta small claims court’s jurisdiction, will be resolved by that court, not by an arbitrator. In the event of any such jurisdictional dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND TURNAGAIN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND TURNAGAIN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF SOUGHT BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT BE GRANTED TO OR AFFECT OTHER USERS. 

If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to your and Turnagain’s right to appeal the court’s decision. All other claims will be arbitrated.

  1. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator will apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate.

The Notice to Turnagain must be sent to Turnagain Collectibles Ltd., 34 Drummond Close, Red Deer, AB T4R 3E1. Turnagain will send any Notice to you to the physical address we have on file associated with your Turnagain account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.

If you and Turnagain are unable to resolve the claims described in a valid Notice within 30 days after Turnagain receives that Notice, you or Turnagain may initiate arbitration or small claims proceedings. Any settlement offer made by you or Turnagain shall not be disclosed to the arbitrator.

Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Turnagain may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but shall be bound by rulings in prior arbitrations involving the same Turnagain user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  1. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the Province of Alberta arbitration rules. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Turnagain for all fees associated with the arbitration that have been paid by Turnagain. 

  1. Severability

With the exception of any of the provisions in Section 2 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Turnagain prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Turnagain. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Turnagain.com at least 30 days before the effective date of the amendments and by providing notice through the Turnagain Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

  1. Judicial Forum for Legal Disputes

If the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and Turnagain will be resolved exclusively by court located in Red Deer, Alberta. You and Turnagain agree to submit exclusively to the personal jurisdiction of the courts located in Red Deer, Alberta for the purpose of litigating all such claims, disputes, or matters.

  1. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. 

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.Turnagain.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. 

Without limiting Turnagain’s ability to refuse, modify, or terminate all or part of our Services, Turnagain may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination by email.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Turnagain Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Turnagain, and supersede all prior understandings and agreements of the parties.

The following sections survive any termination of this User Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Additional Terms, Payment Services, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.