TURN TECHNOLOGIES, INC.
Effective Date: November 12, 2020
Turn Technologies Inc. (“Turn,” “we,” “us,” or “our”) provides the content, worker screening, worker sourcing, or other products and services (“Services”) available at www.turning.io, Turn mobile application, via application programming interfaces, and any other technology or tools offered by Turn via any other platforms (“Sites”), owned or operated, by Turn.
The Sites and Services provide a platform emerging and established companies across multiple industries who have contracted to use or test Turn’s Services (“Partners”) to procure Consumer reports, as defined in Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq (“FCRA”) and/or Investigative Consumer Reports as defined under the Investigative Consumer Reporting Agencies Act (“ICRAA”), California Civil Code Sections 1786 et seq (“consumer report” or “reports”), for independent contractors, agents, volunteers, or other contingent workers, (“Workers,” “Consumers,” or “you”) for employment purposes.
Turn also provides a Worker Sourcing platform that allows its Partners to access a network of Workers to provide services. Workers have access to the Sites to receive and review invitations to provide services to Partners and to determine their interest in and availability to respond to such requests.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
We reserve the right to update this Agreement at any time. Any changes are effective immediately upon posting to the www.turning.io. The most recent version of this Agreement is the version that applies.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS OUR SITES OR SERVICES.
1.1. You may only use our Sites and Services if you can form a legally binding contract under applicable law. Our Services are unavailable to minors (people under the age of 18) or to those who have had their account temporarily or permanently deactivated. If you are under 13 years old, the Sites and Services are not directed to children under 13 years old, and you may not provide personal information to us or register on the Sites.
1.2. You must register for and maintain an active personal user account to use most aspects of our Services. Account registration requires you to submit certain personal information, such as your name, email addresses, and mobile number. In return for using our Services, you agree to (i) provide true, accurate, current and complete account information, and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. We have the right to block your current or future use of the Sites ifyou provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that the information is false, inaccurate, not current or incomplete. You may only have one account unless otherwise permitted by us in writing.
1.3. You are responsible for maintaining the confidentiality and security of your account and for all activities or any other actions that occur under, or someone takes in connection with your account or password. You agree to (i)immediately notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (ii) ensure that you exit from your account at the end of each session. Turn will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (i) and (ii) or for any acts or omissions by you or someone else using your account.
1.4.These terms apply to your use of the Services, including but not limited to: applying for, updating, and managing your consumer report(s) and related documentation; obtaining status information regarding reports; Turn’s processes for generating reports and resolving potential inaccuracies; requesting a copy of your consumer file; and/or any disputes relating to your consumer report; and seeking work opportunities with Partners seeking to
provide services. Your access to, review of, and/or use of the Sites and Services is conditioned on your acceptance of and compliance with these Terms.
1.5. Authorization to Transfer Funds. Certain services Turn provides require your authorization in order to initiate the transfer of funds. These fund transfers may be ACH credit or debit. You agree to authorize Turn to initiate the transfer of funds. It is your responsibility to ensure that there are sufficient funds in your bank account for the fund transfer activity initiated by Turn. If there are not sufficient funds, Turn may choose to decline or cancel the request to transfer funds. Turn is not responsible for any associated fees assessed by your bank, including, but not limited to, overdraft fees.
1.6. If you choose to participate in any additional Services, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such additional Services, and such additional terms are incorporated herein by reference.
2.1. Except for your Information (as defined below), the Services and everything on them, from text to photos to videos to graphics and software (collectively, the “content”) are owned by or licensed to Turn. The Services and the content are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Services and except for the trademarks, service marks, logos and trade names of other companies we display on the Sites, all trademarks, service marks, logos, trade dress, and trade names are proprietary to Turn, including but not limited to the TURN logo; and the www.turning.io trade dress. Turn will enforce its intellectual property rights to the fullest extent of the law.
2.2. We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites or the content for your personal use as expressly permitted by these terms, all applicable intellectual property laws, and any Updated or Additional Terms (as defined below). Any other use of the Sites or the content is strictly prohibited, and you may not copy, republish, upload, post, transmit, distribute or modify the Materials without our express written permission. You should not interpret any language on the Sites as us granting you a license or right to use the Materials or third-party proprietary content without our express written permission or that of the relevant third-party owner. You also may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce to a human-perceivable form any software that you download from the Sites.
Written consent. You may not do any of the following, or allow any third party to do any of the following:
4.2. IN CONSIDERATION OF YOUR USE OF TURN’S SERVICES YOU GRANT TURN A NON-EXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, TRANSFERABLE, SUB-LICENSABLE (THROUGH MULTIPLE TIERS) RIGHT AND LICENSE TO EXERCISE THE COPYRIGHT, PUBLICITY, AND DATABASE RIGHTS YOU HAVE IN YOUR INFORMATION, AND TO USE, COPY, PERFORM, DISPLAY AND DISTRIBUTE SUCH INFORMATION TO PREPARE DERIVATIVE WORKS, OR INCORPORATE INTO OTHER WORKS, OR INTO ANY MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN.
4.3. Turn does not assert any ownership rights over your Information; rather, as between you and Turn, you retain full ownership of all of your Information and any intellectual property rights or other rights associated with your Information.
4.4. Partners may invite you to submit a background check application to Turn for the purpose of procuring a consumer report for employment purposes. By submitting a background check application with Turn, you agree to create a Worker profile in the Worker Sourcing marketplace. You may direct Turn to connect with Partners on their behalf in order to be considered by Partners to provide services. Workers have access to the Sites to receive and review invitations to provide services to Partners and to determine their interest in and availability to respond to such requests. Partners may also invite you to be screened as a precondition to provide services. Only with your consent will your information be shared with Partners.
As consideration for using our Services, you consent to receive communications from us, including via email, text, facsimile, voice and push notifications, in order to keep you informed about the Services and Sourcing. You expressly consent to receive text messages, faxes, telephone calls or prerecorded messages generated by automatic telephone dialing systems or
other technologies. SMS text messages are for informational purposes only. While messages and notifications are intended to enhance your use of the Services, you may (1) disable push notifications on your device, and/or (2) reply “STOP” to remove yourself from our text message database. Depending on your current carrier plan, you may incur charges for these messages and notifications and agree to not hold Turn liable for any charges incurred. You acknowledge that any terms between you and any third-party provider create no obligation or responsibility on the part of Turn, and that Turn is not responsible for any failure of warranty by any such third party. Turn cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
5.1. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, CALLS, OR TEXTS TO YOUR MOBILE DEVICE OR DESKTOP COMPUTER, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS, TEXTS, OR CALLS AS A CONDITION OF USING THE SITE OR OUR SERVICES. IF YOU WANT TO OPT OUT OF ALL PROMOTIONAL EMAILS, TEXTS, OR CALLS TO YOUR MOBILE DEVICE OR DESKTOP COMPUTER(INCLUDING OPERATIONAL OR TRANSACTIONAL EMAILS, TEXTS, OR CALLS), YOU CAN UNSUBSCRIBE ENTIRELY OR SUSPEND YOUR ACCOUNT, BUT ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL EMAILS, TEXTS, OR CALLS MAY PREVENT YOUR USE OF OUR SERVICES.
5.2. You may be able to create or log-in to your Turn account through social networking accounts (each such account, an “SNS account”). You understand by connecting to Turn through an SNS account that we may access or store any SNS account content, or make it available to you or others, according to the permission settings of your SNS account (e.g., friends, mutual friends, contacts or following or followed lists (the “SNS content”). You understand that SNS content may be available on and through the Sites or our Services. By using the Services, you agree to comply with any applicable terms, conditions or requirements promulgated by any SNS provider.
6.1. Turn may, at its sole discretion, offer first- or third-party promotions on or through our Services or communications. We reserve the right to withhold or deduct benefits you may obtain through any such promotion if we determine or believe that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotional terms or these terms.
6.2. We may, from time to time, offer you incentives to refer new users to us. These incentives may come in many forms, and we may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in our sole discretion. Your participation in any referral program is subject to these terms and any additional referral program rules.
THE SITES, THE MATERIALS, ALL OTHER CONTENT ON OUR SERVICES OR MATERIALS PROVIDED BY TURN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TURN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALSO, WE MAKENO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF OUR SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF OUR SERVICES, OR THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TURN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITES, OUR SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION WITH YOUR USE OF OUR SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
7.1. UNLESS OTHERWISE PROVIDED IN WRITING, THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. YOU AND OUR PARTNERS MAKE ANY DECISION TO ACCEPT OR OFFER CONTINGENT WORK. NO INDEPENDENT CONTRACTOR, EMPLOYER-EMPLOYEE, JOINT VENTURE, PARTNERSHIP, OR AGENCY RELATIONSHIP EXISTS BETWEEN AND AMONG YOU, TURN, OR OUR PARTNERS AS A RESULT OF THESE TERMS OR YOUR USEOF OUR SERVICES.
8.1. TURN SHALL NOT BE LIABLE TO YOU IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF YOU PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOAD OF ANY MATERIALS FROM THE SITES. WE ALSO ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR RELATING TO ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD-PARTY WEBPAGES OR ADDITIONAL WEBSITES LINKED TO THE SITES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED ON THE SITES OR HARM TO ANY PERSON OR PROPERTY CAUSED BY YOUR USE OF THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED $1,000. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
8.3.YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE NOT SATISFIED WITH THE SITES OR OUR SERVICES, OR YOU DO NOT AGREE TO THE TERMS OF THESE DISCLAIMERS IS TO DISCONTINUE USING THE SITES OR OUR SERVICES, EXCEPT AS PROVIDED IN THIS SECTION.
You agree to indemnify and hold Turn and its affiliates and our officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with (i) your use of our Sites or as a result of your use of our Services; (ii) your breach or violation of any of the terms of these terms; (iii) Turn’s use of your Information; or (iv) your violation of the rights of any third party, including the rights of our Partners.
The Sites may contain links to websites that third parties own, control, develop, sponsor or maintain and that may be subject to additional terms and conditions (“Third-Party Websites”). Turn does not review, monitor, operate or control the Third-Party Websites, and it makes no guarantees, representations or warranties as to, and shall have no liability for, the content available on or through or the functioning of the Third-Party Websites. By providing access to Third-Party Websites, we are not recommending or otherwise endorsing the products or services provided by the sponsors or owners of those websites. Your access or use of the Third-Party Websites, including providing information, materials or other content to the Third-Party Websites, is entirely at your own risk. Turn has the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.
We may change these Terms from time to time and without prior notice. Any such modification will be effective as soon as we post it, and we will always post the most current version of these Terms. We may notify you if we make a change that we, in our sole discretion, deem material; you agree, however, that you will review these Terms periodically for any change. By continuing to use our Services after we post updated Terms at www.turning.io, you agree, except as provided in the Arbitration Agreement, to be bound by the Updated Terms, and that, if you do not assent to the Updated Terms, you will stop using our Services.
11.1. We may also post or link additional terms, policies, rules or guidelines applicable to our Services or certain features, such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Services (collectively, the “Additional Terms”). Your use of our Services is subject to any Additional Terms, and those terms are incorporated into these by reference.
12.1. Agreement to Binding Arbitration Between You and Turn.
12.2. Prohibition of Class Actions and Non-Individualized Relief.
12.3. Rules and Governing Law
12.5. Arbitration Fees and Awards. The payment of filing and arbitration fees will be governed by the relevant AAA rules subject to the following modifications:
12.6. Location and Manner of Arbitration
12.7. Exceptions to Arbitration
12.10. Pre-Arbitration Negotiation. Either Party may, before initiating arbitration, agree to first attempt to negotiate any dispute informally for 30 days, unless the Parties mutually extend this period. A Party who intends to seek negotiation must send the other Party a written notice of the dispute (“Notice”). The Notice must (a) describe the nature and basis of the dispute, and (b) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or any other proceeding involving the Parties; however, evidence that is otherwise admissible or discoverable is not rendered inadmissible or non-discoverable due to its use in the negotiation.
12.11. 30-Day Opt-Out Period.
13.1. Governing law. These Terms shall be governed by the laws of the State of Delaware without regard to choice of law principles. This section is only intended to specify the use of Delaware law to interpret this Agreement and it does not create any other substantive right to non-Delawareans to assert claims under Delaware law whether by statute, common law, or otherwise.
13.2. Waiver, Severability, and Assignments. Turn’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Turn may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
13.3. Changes to the Services. We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the content, and any part thereof without notice to you. Turn shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.
13.4. Term, Suspension and Termination. These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time.
13.5. Headings. The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
13.8. Turn Equality Policy. Whether you’re a woman, a veteran, a person of color, a member of the LGBTQ+ community, a dog person, a cat person, none of the above, or all of the above, Turn welcomes you as you and celebrates our collective diversity. Turn works to serve the underserved, and we are built on the strength of our collective community. Stated more formally but no less meaningfully: Turn prohibits treating individuals who use the Turn Services (to accept on-demand work and perform them) differently based on their race, color, religion, national origin, age, sex, marital status, ancestry, physical or mental disability, veteran status, sexual orientation, gender identity or any other protected status under all applicable laws, regulations, and ordinances. Prohibited mistreatment includes refusing to perform and refusing to allow an individual to perform a job based on any of the above characteristics as well as any other conduct that improperly takes into account any of these characteristics. Any Partner or Worker who believes they have been mistreated in violation of this policy should report their concerns to Turn at email@example.com. Violation of this policy can lead to termination of access to the Services.
13.9. Force Majeure. Neither you nor Turn shall be liable to the other for any act, failure to perform, delay in performance, event or circumstance under these Terms if, and to the extent that such act, failure to perform, delay in performance, event or circumstance is caused by conditions beyond the delayed Party’s reasonable control and which, by the exercise of reasonable diligence, the delayed Party is unable to prevent or provide against. Such conditions include, but are not limited to, acts of God; strikes, boycotts, or other concerted acts of workmen; laws, regulations, or other orders of public authorities; military action, state of war, epidemic, pandemic, or other national emergency; fire, or flood, or any other cause beyond the reasonable control of the party invoking this section (collectively, a “Force Majeure”). The Party affected by any such force majeure event or occurrence shall give the other Party written notice of said event or occurrence within a reasonable time following such event or occurrence.
14. To the extent you provide services to Partners in the following states, you also agree to the terms set forth in the following states:
14.1. Arizona: In order to avoid any ambiguity, this section specifically applies to you if you provide services to Turn Partners in the state of Arizona. You acknowledge and agree that you are a “qualified marketplace contractor” and that Turn is a “qualified marketplace platform”, as defined in Arizona Revised Statutes Title 23. Labor § 23-1603 (Qualified marketplace contractors) (“§23-1603”). By utilizing the Sites, you certify that you have acknowledged and understand that §23-1603 states the following and that you have acknowledged and agree to all points: A. You shall be treated as an independent contractor for all purposes under state and local laws, regulations and ordinances, including employment security laws prescribed in chapter 4 of Arizona Revised Statutes Title 23 and workers’ compensation laws prescribed in chapter 6 of Arizona Revised Statutes Title 23, and that all of the following apply: All or substantially all of the payment for the services performed by you is related to the performance of services or other output. The services performed by you are governed by a written contract executed between you and Partner. The written contract referenced in the above paragraph provides for and you specifically acknowledge and agree to all of the following: That you are providing services as an independent contractor and not as an employee. That all or substantially all of the payment paid to you shall be based on the performance of services or other output. That you are allowed to work any hours or schedules you choose. If you elect to work specified hours or schedules, a contract may require you to perform work during the selected hours or schedules. That Turn does not restrict your ability to perform services for other parties. That you bear all or substantially all of your own expenses that are incurred by you in performing the services. That you are responsible for the taxes on your own income. That the contract and the association created by the contract may be terminated without cause by either party to the contract at any time on reasonable notice given to the other party.
14.2. Florida: In order to avoid any ambiguity, this section specifically applies to you if you provide services to Turn Partners in the state of Florida. You acknowledge and agree that you are a marketplace contractor and that Turn is a marketplace platform, as defined in Florida Title XXXI. Labor Chapter §451 (Marketplace Contractors). By utilizing the Sites, you certify that you have acknowledged and agree to all the following points: You have entered into an agreement with Turn to use its technology application to connect with third-party individuals or entities seeking temporary services. In return for compensation, you offer or provide temporary services to third-party individuals or entities through Turn’s technology application. Turn offers an online-enabled technology application service, website, or system that enables you to provide services to third-party individuals or entities seeking such temporary services. Turn accepts service requests from the public only through its online-enabled technology application service, website, or system. Turn treats you as an independent contractor, and not as an employee of Turn for all purposes under state (Florida) and local laws, regulations, and ordinances. Turn does not unilaterally prescribe specific hours during which you must be available to accept service requests submitted through the platform from third-party individuals or entities. Turn does not prohibit you from using the technology application offered by other marketplace platforms. Turn does not restrict you from engaging in any other occupation or business. Turn and you agree that you are an independent contractor with respect to Turn. You bear all or substantially all of your expenses incurred by you in performing the services. You are responsible for paying taxes on your income.
14.3. In order to avoid any ambiguity, this section specifically applies to you if you provide services to Turn Partners in the state of Indiana. You acknowledge and agree that you are a marketplace contractor and that Turn is a marketplace platform, as defined in Indiana Title 22 Labor and Safety §22-1-6 (Marketplace Contractors). By utilizing the Turn Sites, you certify that you have acknowledged and agree to all of the following points: That you have entered into a written agreement with Turn to provide services to third party individuals or entities seeking those services. That all or substantially all of the payment for the services performed by you is related to the performance of services or other output. You are providing services as an independent contractor and not as an employee of Turn. You may work any hours or schedules you choose. However, if you do elect to work specified hours or schedules, you may be required to work during the specified hours or schedules that you elected to work. You may perform services for other parties without restriction. You bear responsibility for all or substantially all of the expenses that you pay or incur in performing the services, without the right to obtain reimbursement from Turn for the expenses. That Turn: operates an Internet web site or smartphone application that facilitates the provision of services by you to individuals or entities seeking the services; accepts service requests from the public only through its internet web site or smartphone application and does not accept service requests by telephone, facsimile, or in person at any retail location; and does not perform services at or from a physical location in Indiana.
14.4. Iowa: In order to avoid any ambiguity, this section specifically applies to you if you provide services to Turn Partners in the state of Iowa. You acknowledge and agree that you are a marketplace contractor and that Turn is a marketplace platform, in accordance with Iowa Title III Public Services and Regulation §93.2 (Marketplace contractors as independent contractors-retroactivty.) and for all purposes under Iowa state or local law. You agree: you are engaged as an independent contractor and not an employee of Turn. Turn does not unilaterally prescribe specific hours during which you must be available to accept service requests submitted through Turn’s digital network. Turn does not prohibit you from engaging in outside employment or performing services through other marketplace platforms. You bear your own expenses incurred in performing services. When providing services that require an Iowa license, you shall be responsible for obtaining the Iowa license and making such license available to the individuals or entities for whom you are providing services.
14.5. Kentucky: In order to avoid any ambiguity, this section specifically applies to you if you provide services to Turn Partners in the state of Kentucky. You acknowledge and agree that you are a marketplace contractor and that Turn is a marketplace platform, as defined in Kentucky Revised Statutes KRS 336.137. By utilizing Turn Sites, you certify that you acknowledge, and agree to all of the following: You have entered into an agreement with Turn to use its digital network or mobile application to receive connections to third-party individuals or entities seeking services; and Turn offers a digital network or mobile application that connects you and other marketplace contractors to third-party individuals or entities seeking the type of services offered by a marketplace contractor; Turn accepts service requests from the public exclusively through its digital network or mobile application and does not accept service requests by telephone, facsimile, or in person at a physical retail location; You do not perform the services you offer at or from a physical business location that is operated by Turn in the state of Kentucky; You agree that you are an independent contractor with respect to Turn; Turn does not unilaterally prescribe specific hours during which you must be available to accept service requests from third-party individuals or entities submitted solely through the online-enabled application, software, Web site, or system of Turn; Turn does not prohibit you from using any online-enabled application, software, Web site, or system offered by another marketplace platform; Turn does not restrict you from engaging in another occupation or business; You bear all or substantially all of the expenses incurred by you in performing the services; and Turn does not supply instrumentalities or tools for the person doing the work.
14.6. In order to avoid any ambiguity, this section specifically applies to you if you provide services to Turn Partners in the state of Tennessee. You acknowledge and agree that you are a marketplace contractor and that Turn is a marketplace platform, in accordance with T.C.A.50-8-102. By utilizing the Turn Sites, you certify that you acknowledge, and agree to all of the following: You are an individual, corporation, partnership, sole proprietorship, or other business entity that: have agreed with Turn to use Turn’s online-enabled application, software, website, or system to receive connections to third-party individuals or entities seeking services in this state; and In return for compensation from the third-party or Turn, you offer or provide services to the third-party individuals or entities upon being given an assignment or connection through the marketplace platform’s online-enabled application, software, website, or system; and Turn: Offers an online-enabled application, software, website, or system that enables the provision of services by you and other marketplace contractors to third-party individuals or entities seeking services; and Neither directly nor through any related party derives any benefit from work performed by marketplace contractors other than a subscription or use fee for placing marketplace contractors in assignments or otherwise providing connections. You are an independent contractor with respect to Turn; Turn does not unilaterally prescribe specific hours during which you must be available to accept service requests from third-party individuals or entities. Turn does not prohibit you from using any online-enabled application, software, website, or system offered by other marketplace platforms; You may, at your discretion, enlist the help of an assistant to complete the services, and Turn may require the assistant to complete any standard registration and vetting process. If you enlist the help of an assistant, you, not Turn, is responsible for paying the assistant; Turn does not restrict you from engaging in any other occupation or business; Turn does not require you or other marketplace contractors to use specific supplies or equipment; Turn does not control the means and methods for the services performed by you by requiring you to follow specified instructions governing how to perform the services. However, Turn may require that the quality of the services provided by you meet specific standards and requirements; The agreement between you and Turn may be terminated by either you or Turn with or without cause; Turn provides no medical or other insurance benefits to you, and you are responsible for paying taxes on all income derived as a result of services performed to third parties from the assignments or connections received from Turn; and All, or substantially all, payment to you is based on performance of services to third parties who have connected with you through Turn.
14.7. In order to avoid any ambiguity, this section specifically applies to you if you provide services to Turn Partners in the state of Texas. You acknowledge and agree that you are a marketplace contractor, and Turn is a marketplace platform as defined in Texas Title 40 Social Services and Assistance §815.134. You specifically acknowledge and agree that: Turn uses a digital network to connect marketplace contractors to the public (including third-party individuals and entities) seeking the type of service or services offered by you and other marketplace contractors. Turn accepts service requests from the public (including third-party individuals and entities) only through its digital network, and does not accept service requests by telephone, by facsimile, or in person at physical retail locations; Turn does not perform the services offered by you or other marketplace contractors at or from a physical business location that is operated by the platform in the state; You agree with Turn to use Turn’s digital network to provide services to the public (including third-party individuals or entities) seeking the type of service or services offered by you and other marketplace contractors. All or substantially all of the payment paid to you shall be on a per-job or transaction basis; Turn does not unilaterally prescribe specific hours during which you must be available to accept service requests from the public (including third-party individuals or entities) submitted through Turn’s digital network; Turn does not prohibit you from using a digital network offered by any other marketplace platform; Turn does not restrict you from engaging in any other occupation or business; You are free from control by Turn as to where and when you work and when you access Turn’s digital network; You bear all or substantially all of your own expenses that are incurred by you in performing the service or services; You are responsible for providing the necessary tools, materials, and equipment to perform the service or services; Turn does not control the details or methods for the services performed by you by requiring you to follow specified instructions governing how to perform the services; and Turn does not require you to attend mandatory meetings or mandatory training.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.