Terms of Service

1. The Service

We are a Service that facilitates online CTA filings for law, accounting and other professional service providers; professional filers; and companies. We offer a convenient online CTA filings service to, among others, help professional filers and entities submit CTA filings. We are neither a law nor accounting nor other professional firm. Nor are we a governmental or regulatory agency or group. 

Starting January 1, 2024, CTA filings are required by the Financial Crimes Enforcement Network (“FinCEN”), which is a bureau of the United States Department of the Treasury that collects and analyzes information about financial transactions in order to combat domestic and international money laundering, terrorist financing, and other financial crimes. The information you provide to the Service for the CTA filing will be provided directly to FinCEN.

The Service itself cannot and is not intended to provide financial or regulatory guidance or advice. Please contact your lawyer or accountant or other qualified professional with any questions regarding CTA compliance. THE CONTENT ON THE SITE AND THE SERVICE ARE NOT AND SHOULD NOT BE CONSIDERED LEGAL OR FINANCIAL ADVICE OR A SUBSTITUTE FOR OBTAINING LEGAL OR FINANCIAL ADVICE FROM A QUALIFIED PROFESSIONAL.

2. Modifications

(a) Modifications to the Terms. TurboCTA can change, update, or add or remove provisions of these Terms at any time by prompting you to accept an updated or new version of these Terms. If you do not agree with any of the updated Terms, you must stop using the Service. If you stop using the Service and have prepaid for unused reports, you may contact TurboCTA to discuss your objections to the updated Terms and how to obtain a refund. In lieu of a refund, TurboCTA may instead agree that the Terms you originally agreed to will continue to apply to your use of the Service for those prepaid reports and that you have no further right to use the Service once those prepaid reports.

(b) Changes and Updates to the Service. TurboCTA may make changes to the Service at any time, without notice. If you object to any changes to the Service, your sole recourse will be to cease using it. We also reserve the right to discontinue the Service at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.

(c) New Features. Certain features of the Service may be subject to additional terms of service, which shall be presented to you when you select such features. By accepting such terms or using the features, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

3. Privacy; Data Processing Addendum

Please review our privacy policy https://www.turbocta.com/privacy-policy/ (“Privacy Policy”), which explains how we use information that you submit to TurboCTA. The Privacy Policy is hereby incorporated by reference.

4. Users of the Service

(a) Business Filers. If you are an entity or agent of an entity using the Service to file your entity’s CTA filings, you accept responsibility for yourself and your entity in your use of the Service, including for the timely submission of CTA filings to FinCEN. The Service is designed for you to answer mandatory CTA questions. However, you acknowledge that the Service depends on your truthful, correct, and complete answers, and may need to be updated if your circumstances change. Use of the Service is at your own risk. You assume full responsibility for all outcomes, to the extent permitted by law. By using the Service, you agree to not hold TurboCTA liable in any way for your CTA compliance or filings.

Additionally, you agree and understand that:

• The entry of certain financial and other confidential information into the Service in response to the mandatory CTA questions is required to use the Service, and understand that measures have been taken that are designed to safeguard your information, but no computer system is totally secure.
• You acknowledge that the Service does not guarantee that you are in compliance with the CTA requirements or promise that you will be in compliance.

(b) Law, Accounting and Professional Service Firms and Professional Filers. If you are a Professional Service Firm or a Professional Filer using the Service to make filings on behalf of your clients, you accept responsibility for using the Service for your clients. You are also responsible for the information you provide during your use of the Service, including the accuracy and completeness of all submitted Content and Registration Data (both defined below), for the timely submission of CTA filings to FinCEN, and for complying with all applicable laws in connection with your use of the Service. TurboCTA has established safeguards and procedures designed to protect the security of information entered to fill out the CTA filings, but you must also take steps to protect the privacy and confidentiality of information shared by your agents and Client Users. As a Professional Service Firm or a Professional Filer, whether or not your use of the Service has been authorized by the Client User, you represent and warrant that (i) you are authorized to act on behalf of your Client User, (ii) you are permitted to share any and all Content and Registration Data provided to the Service, and (iii) you will not upload or use your Client User’s Content or Registration Data, or disclose it to any other party, without your Client User’s consent.

5. Use of the Service

(a) Grant of a Limited License to Use the Service. The Service is protected by copyright, trade secret, and other intellectual property laws. Subject to your agreement to, and continuing compliance with, these Terms, and any other relevant TurboCTA policies, TurboCTA hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license, subject to the limitations below, to use the Service solely for purposes of making your own CTA filings (which, for the avoidance of doubt, for Professional Service Firms and Professional Filers includes the right to use the Service in support of making CTA filings for their Client Users). You agree not to use the Service for any other purpose.

(b) Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by TurboCTA; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service except as expressly permitted by TurboCTA; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; or (vii) resell the Service except as expressly permitted by TurboCTA in a separate written contract between you and TurboCTA.

(c) Account Registration. You need not register with TurboCTA when you are visiting or viewing the public areas of the Site, or to browse any publicly accessible information in the Site. However, in order to access and use the features of the Service, you must register with TurboCTA for an account and receive a password. For purposes of the Terms, a “Registered User” is a user of the Service (“User,” or “user”) who has registered an account with us (“Account”). TurboCTA may delete your account due to inactivity. If your Account is deleted and you later need it restored, please contact us.

(d) Registration Data. In registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are not a person barred from using the Service under the laws of any applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (A) notify TurboCTA immediately of any unauthorized use of your password or any other breach of security; and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or TurboCTA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TurboCTA has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. TurboCTA reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, claims by a third party that a username violates the third party’s rights and accounts inactive beyond the times set by TurboCTA. You agree not to create an Account or use the Service if TurboCTA has previously removed you, or if you have been previously banned from use of the Service, nor to designate other individuals to use an account on your behalf.

(e) Data Network and Internet Access. When you access the Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Using certain services may be prohibited or restricted by your network provider and not all features of the Service may work with your network provider or device. The Service requires an internet connection to access internet-based features, authenticate the Service, and perform other functions. You acknowledge that you may be charged by your network service provider, and shall be responsible for any such charges, for internet access.

(f) Beta Features. TurboCTA may provide you with access to beta features in the Service. You are free to use them, but they are provided “AS-IS”. TurboCTA may include new and/or updated pre-release and trial features in the Service and such features are provided “AS-IS”. Your use of such features is at no additional cost, but you must follow additional rules or restrictions that we may place on their use.

6. Purchases and Refunds

Requests for a refund must be received by TurboCTA prior to using the Service to make any CTA filing. Requests received prior to using the Service to make any CTA filing will be honored. No refunds will be made after using the Service to make a CTA filing. If you cancel your account at any time, you will not receive any refund. After the Service is used to make a CTA filing, all sales are final. Please see our refund policy for the details, including our refund request procedure, processing time, and processing fee (https://www.turbocta.com/refund-policy/)

7. Payments

You agree to pay all fees or charges that may apply to your Account based on any fees, charges, and billing terms between you and TurboCTA and any fees or charges that may be applicable for use of the Service as contracted separately with you or as shown on the Site. You agree and consent to TurboCTA’s use of third-party payment providers for billing and online payments. If you do not pay on time or if TurboCTA cannot charge your payment method for any reason or payment is rejected or refunded, TurboCTA reserves the right to either suspend or terminate your access to the Service and Account and terminate these Terms. You are expressly agreeing that TurboCTA is permitted to bill you for any applicable fees, any applicable taxes and any other charges you may incur in connection with your use of the Service and the fees will be billed to the payment method designated on your registration with the Service.

8. Rules of Contact

In addition to your other promises and obligations, by using TurboCTA’s Service, you agree not to do any of the following:

• Use your account or the Service to make false or misleading filings;
• Use the system to file false information to FinCEN;
• Use the system to build, plan, or design competing product or services;
• Use your account or the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to anyone;
• Use your account or Service to engage in, discuss or incite any illegal conduct or activity;
• Access another user’s account without permission;
• Use the Service in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
• Collect or harvest any information about other users;
• Post, request, or link to obscene, threatening, embarrassing, hateful, racially or ethnically insulting, inciteful, deceptive, tortuous, defamatory, libelous, harassing, stalking or otherwise inappropriate or offensive material or conduct or that otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
• Use features of the Service for anything other than their intended purpose;
• Interfere with or disable any security-related features of the Service, or any part thereof, including any services available on or through any third party sites;
• Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service;
• Use any robot, spider, scraper, or other automated means to access the Service;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Post anything contrary to our public image, goodwill or reputation; or
• Engage in any other prohibited or illegal conduct.

This list of prohibitions provides examples and is not complete or exclusive. TurboCTA reserves the right to terminate access to your Account, your ability to use the Service, with or without cause and with or without notice, for any reason or no reason, or for any action that TurboCTA determines is inappropriate or disruptive to this Service or to any other user of this Service or may result in harm, liability, loss or damages to TurboCTA, its software, technology, hardware, equipment, network, data or that of others. TURBOCTA MAY REPORT TO LAW ENFORCEMENT AUTHORITIES ANY ACTIONS THAT MAY BE ILLEGAL, AND ANY REPORTS IT RECEIVES OF SUCH CONDUCT. WHEN LEGALLY REQUIRED OR AT TURBOCTA’S DISCRETION, TURBOCTA WILL COOPERATE WITH LAW ENFORCEMENT AGENCIES IN ANY INVESTIGATION OF ALLEGED ILLEGAL ACTIVITY THROUGH THE USE OF THIS SERVICE.

9. Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to TurboCTA, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and TurboCTA is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that TurboCTA is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

10. Intellectual Property Rights

(a) License for Content. “Content” means any data, information, materials, text, graphics, or images that you upload, post, or store in or to the Service. You represent and warrant that you own or have the right to use any Content, including in connection with your use of the Service. You are solely responsible for any Content. You have no obligation to provide any content to the Service, and you’re free to choose the content that you want to provide. You acknowledge that certain functionality in the Service may be dependent on the provision of Content and may not be available without such Content. By making Content available through your use of the Service, you grant TurboCTA a worldwide, perpetual, royalty-free, non-exclusive license to (i) host, reproduce, share, provide, distribute, communicate, sublicense, and use your Content, including to FinCen; (ii) publish or publicly display your Content, if you have made it visible to others; and (iii) modify and create derivative works based on your Content, such as reformatting, translating it, and copying and analyzing it solely for the purpose of operating, providing, and improving the Service. TurboCTA shall maintain reasonable security measures designed to prevent unauthorized access or loss of Content.

(b) TurboCTA May Monitor Content. TurboCTA may, but has no obligation to, monitor access to or use of the Service or Content or to review or edit any Content for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. TurboCTA may disclose any information necessary to satisfy TurboCTA’s legal obligations, protect TurboCTA or its customers, or operate the Service properly. TurboCTA, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that TurboCTA considers to be unacceptable, undesirable, inappropriate, or in violation of these Terms.

(c) TurboCTA’s Use of Aggregated Data. You acknowledge and agree that TurboCTA may, among other things, create and derive anonymized and/or aggregated data related to the Service or your use of the Service that does not identify you or any individual, and use, publicize, or share with third parties such data to improve TurboCTA’s products and services and for its legitimate business purposes.

(d) Ownership of Service. The Service and all proprietary and intellectual property rights therein are and shall remain TurboCTA’s property or the property of TurboCTA’s licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license expressly granted above; or (ii) to use or reference in any manner TurboCTA’s company names, logos, product and service names, trademarks or services marks or those of TurboCTA’s licensors. There are no licenses by implication. If you breach any of these Terms, the above license will terminate automatically and you must stop using the Service and immediately destroy any materials downloaded or printed from the Service.

11. Term and Termination

The Terms commence on the date when you start using the Service and remain in full force and effect while you use the Service or, if you have purchased a set number of filings, when the quantity of filings purchased has been exhausted, unless terminated earlier in accordance with the Terms. If you want to terminate the Service, you may do so by (a) notifying TurboCTA at any time; and/or (b) closing your Account. We reserve the right to terminate or suspend your account or access to the Service at any time and for any reason. It is within TurboCTA’s sole discretion and determination to terminate your Account for what TurboCTA deems to be a violation or breach of these Terms. In the event that TurboCTA terminates or suspends your Account, you will have no further access to your Account or anything associated with it. Termination of the Service includes (i) automatic termination of all licenses and you must immediately destroy any downloaded or printed materials (including videos); and (ii) deletion of your password and related information, files and content associated with or inside your Account (or any part thereof), except to the extent of any surviving licenses or applicable record retention requirements. TurboCTA will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, your obligation to pay all fees and amounts owed to TurboCTA, and limitation of liability.

You may close your Account by using the feature provided in the Service or, in the alternative, by contacting us at https://www.turbocta.com/contact/. We will proceed to close your Account and send you an email confirmation.

12. Links to Third-Party Sites

The Service may be linked to other websites and services that are not TurboCTA properties (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than TurboCTA, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. TurboCTA does not verify, make any representations or take responsibility for any Third-Party Site, including, without limitation, the truthfulness, accuracy, quality, timeless, or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT TURBOCTA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply TurboCTA’s endorsement or recommendation.

13. Disclaimer of Warranties

(a) Generally. You use the Service at your own risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW, TURBOCTA (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSOCIATES, PARTNERS, LICENSORS AND SUPPLIERS) DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TURBOCTA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You are solely responsible for confirming that FinCEN has successfully received your filings on time. TurboCTA disclaims any liability or responsibility for filings that are not received by FinCEN (or that are received late) due to your mistakes, acts or omissions, events of force majeure, acts or omissions of third parties (including criminal acts and failures of service providers), the Internet, FinCEN’s network or systems, or any other cause, reason, event or circumstances outside of TurboCTA’s direct control. TURBOCTA IS NOT LIABLE FOR ANY FINES OR PENALTIES ISSUED BY FINCEN WHEN USING OUR SYSTEM TO FILE FALSE OR INCOMPLETE INFORMATION TO FINCEN ABOUT A REPORTING COMPANY.

(b) Disclaimer of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE TURBOCTA SERVICE, INCLUDING PROFESSIONAL FILERS. YOU UNDERSTAND THAT TURBOCTA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE INFORMATION PROVIDED BY, OR THE STATEMENTS OF, USERS OF THE SERVICE.

14. Limitation of Liability

NOTHING IN THESE TERMS SHALL AFFECT YOUR LEGAL RIGHTS AS A CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY, WHICH CANNOT BE LEGALLY EXCLUDED, OR LIMITED.

TURBOCTA SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, REMOTE, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TURBOCTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO THE EXCLUSIONS EXPRESSLY SET FORTH IN THIS SECTION, IN ALL EVENTS, TURBOCTA SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO TURBOCTA IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO TURBOCTA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND TURBOCTA’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH TURBOCTA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TURBOCTA AND YOU. To the extent that TurboCTA may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms, the scope of such warranty, and the extent of TurboCTA’s liability, shall be the minimum permitted under such applicable law.

Notwithstanding anything to the contrary in this Agreement, TurboCTA shall have no obligations or liabilities under this Agreement to the extent a claim, damage, or liability is caused by any of the following: (i) your mistakes, acts or omissions, (ii) events of force majeure, (iii) acts or omissions of third parties, including criminal acts, (iv) TurboCTA’s service providers, including cloud service providers, (v) the Internet, (vi) FinCEN’s systems, (vii) a modification or alteration of the Services by you or any other actual or attempted modification or alteration by any person or entity other than TurboCTA or its employees, agents, or subcontractors, including the use of any unauthorized software or cloud service that you or third parties may use or employ; (viii) use of the Services by you for any purpose other than its intended purpose or contrary to instructions set forth in any documentation provided by TurboCTA; or (ix) your negligence or more culpable conduct, or breach of this Agreement.

15. Indemnity

You agree to indemnify and hold TurboCTA, its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors and successors harmless from any losses, damages, penalties, fines, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs of litigation, including appeal) relating to or arising out of: (a) your use of, or inability to use, the Service; (b) your violation of the Terms; (c) your violation of any rights of another party, including any Users and, in the case of Professional Service Firms and Professional Filers, any Client Users; or (d) your violation of any applicable laws, rules or regulations. TurboCTA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TurboCTA in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.

16. Local Laws

TurboCTA controls and operates the Service from its headquarters in the United States of America and it may not be appropriate or available for use in other locations. If you use the Service outside the United States of America, you are responsible for following applicable local laws.

17. Dispute Resolution and Arbitration; Class Action Waiver; Limitation on Time to File Claims

Please read this carefully. It affects your rights.

(a) Disputes and Applicable Law. These Terms will be subject to and construed in accordance with the laws of the State of Delaware, United States of America excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against TurboCTA must be resolved exclusively by a state or federal court located in the State of Delaware, except as otherwise agreed by the parties or as described in the Arbitration subsections below. You agree to submit to the personal jurisdiction of the courts located in Kent County, Delaware for the purpose of litigating all such claims or disputes.

(b) Scope. This agreement to arbitrate (“Arbitration Terms”) applies to any and all disputes, claims, or controversies between you and TurboCTA arising out of or relating to the Service, including your purchase of any TurboCTA products, services, any communications, advertising or marketing by or regarding TurboCTA, use of the Site (including your reliance on any resources, articles or information made available on the Site), any products or services made available, offered, sold or distributed by TurboCTA, any aspect of your relationship or transactions with TurboCTA, and all other aspects of your relationship with TurboCTA, past, present or future, whether arising under foreign, federal, state or local statutory and/or common law, or whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), deceptive or fraudulent trade practices, deceptive or fraudulent business practices, or any other legal or equitable theory, and includes the validity, enforceability, or scope of these Arbitration Terms (with the exception of the enforceability of the Class Action Waiver clause below) (collectively, the “Disputes”).

(c) Exclusion from Arbitration. Notwithstanding these Arbitration Terms, you may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute is initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS ARBITRATION AGREEMENT (the “Opt-Out Deadline”). You may opt out by mailing written notification to 3500 S. Dupont Hwy, Dover, DE 19901. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with TurboCTA. You are responsible for ensuring TurboCTA’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

(d) Reservation of Right to Reject. TurboCTA reserves the right to reject your request for arbitration for any Dispute which can be resolved in small claims courts.

(e) Pre-Arbitration Dispute Resolution. For all Disputes, you must first give TurboCTA an opportunity to resolve the Dispute. You must commence this process by mailing written notification to 3500 S. Dupont Hwy, Dover, DE 19901. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If TurboCTA does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.

(f) Federal Arbitration Act. The parties each mutually agree to resolve all Disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and will apply to all Disputes. The parties each also expressly agree that these Arbitration Terms will be governed by the FAA even if you and/or TurboCTA and/or these Arbitration Terms is otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, the laws of the State of Delaware governing arbitration agreements will apply.

(g) Class Action Waiver. The parties each mutually agree that by entering into these Arbitration Terms, both waive their right to have any Dispute brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to consolidate more than one person’s claims, and may not otherwise hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the Dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in these Arbitration Terms, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this mutual arbitration provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

(h) Arbitration Procedures. Any Dispute shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its then current Consumer Arbitration Rules in effect at the time the arbitration is initiated. If you bring a claim subject to arbitration, you will pay toward the fees and deposits imposed by the AAA or other arbitrator only an amount equal to the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction.

(i) Location of Arbitration. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this section and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability.

(j) Awards. Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.

(k) Bellwether Proceeding. IF TEN OR MORE PERSONS OR ENTITIES (COLLECTIVELY, “CUSTOMERS”) INITIATE NOTICES OF DISPUTE RAISING SIMILAR CLAIMS, AND COUNSEL FOR THE CUSTOMERS BRINGING THE CLAIMS ARE THE SAME OR COORDINATED FOR THESE CUSTOMERS, THE CLAIMS SHALL PROCEED IN ARBITRATION IN A COORDINATED PROCEEDING. COUNSEL FOR CUSTOMERS AND COUNSEL FOR TurboCTA SHALL EACH SELECT FIVE CASES TO PROCEED FIRST IN ARBITRATION IN A BELLWETHER PROCEEDING. THE REMAINING CASES SHALL NOT BE FILED IN ARBITRATION UNTIL THE FIRST TEN HAVE BEEN RESOLVED. IF THE PARTIES ARE UNABLE TO RESOLVE THE REMAINING CASES AFTER THE CONCLUSION OF THE BELLWETHER PROCEEDING, EACH SIDE MAY SELECT ANOTHER FIVE CASES TO PROCEED TO ARBITRATION FOR A SECOND BELLWETHER PROCEEDING. THIS PROCESS MAY CONTINUE UNTIL THE PARTIES ARE ABLE TO RESOLVE ALL OF THE CLAIMS, EITHER THROUGH SETTLEMENT OR ARBITRATION. A COURT WILL HAVE AUTHORITY TO ENFORCE THIS CLAUSE AND, IF NECESSARY, TO ENJOIN THE MASS FILING OF ARBITRATION DEMANDS AGAINST TurboCTA.

(l) Limitation on Time to File Claims. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAWS OR REGULATIONS, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. Electronic Communications

The communications between you and TurboCTA use electronic means, whether you visit the TurboCTA Site or send TurboCTA e-mails, or use the Service or whether TurboCTA posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from TurboCTA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TurboCTA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where TurboCTA requires that you provide an e-mail address; you are responsible for providing TurboCTA with your most current e-mail address. In the event that the last e-mail address you provided to TurboCTA is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, TurboCTA’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

19. Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by TurboCTA Inc., 3500 S. Dupont Hwy., Dover, DE 19901. If you have a question or complaint regarding the Service, please contact TurboCTA’s Support Team at www.turbocta.com/contact/. California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

20. General

These Terms, together with our Privacy Policy, and any additional terms that we may make available from time to time through our Internet properties, constitute the entire agreement between you and TurboCTA regarding your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you. Any such attempted assignment or transfer shall be void and without effect. We may assign our rights under these Terms without restriction.

21. Contact Us

If you have any questions about these Terms or otherwise need to contact TurboCTA for any reason, you can reach us at https://www.turbocta.com/contact/

“TurboCTA” is a trademark pending registration of TurboCTA Inc. in the United States.