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# Turborepo.org Internet Web Site Terms of Service

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND VERCEL INC. ("Vercel", "WE" OR "US") AND GOVERN YOUR ACCESS TO, AND USE OF, THE TURBOREPO.ORG WEBSITE (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. VERCEL MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE AT ANY TIME. VERCEL CAN CHANGE THESE TERMS AT ANY TIME. IF VERCEL MAKES ANY CHANGES, VERCEL WILL POST AN UPDATED TERMS OF USE ON THIS SITE AND MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

TURBOREPO SOFTWARE IS SEPARATELY MADE AVAILABLE PURSUANT TO AN OPEN SOURCE LICENSE AND YOU MAY FIND LINKS TO THE TURBOREPO SOFTWARE AND ITS ASSOCIATED LICENSES ON THIS SITE.

## General Use Restrictions

Vercel provides various content through this Site. Certain information, documents, documentation, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") are made available to you by Vercel and are the copyrighted and/or trademarked work of Vercel or Vercel's licensors.

Vercel grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.

## Privacy Policy

Your use of this Site is governed by our Privacy Policy, which is available at https://turborepo.org/privacy (the "Privacy Policy").

## Third Party Content

Certain information and other content on the Site may be the material of third party licensors and suppliers to Vercel ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. Vercel DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

## Links to Other Vercel Sites and Third Party Sites

This Site may be linked to other Vercel sites where you may find other information regarding Vercel and its services.
This Site also links to other sites that are not Vercel sites. Vercel is providing these links to you only as a convenience, and Vercel is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

## Unauthorized Activities

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Vercel and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Vercel or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

## Proprietary Rights

Vercel and Turborepo are trademarks of Vercel. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Vercel Inc., Copyright © 2021-2022 Vercel Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

## Disclaimer of Warranties

Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Vercel, and they may include inaccuracies or typographical or other errors. Vercel does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. Vercel has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by Vercel or our licensors.

VERCEL, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VERCEL DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. VERCEL HAS SOLE DISCRETION WHETHER TO ACCEPT OR REJECT YOU AS AN EXPERT OR A CLIENT.

## Limitation of Liability

VERCEL SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL VERCEL BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF VERCEL KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF ONE HUNDRED DOLLARS.

## Local Laws; Export Control

Vercel controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

## General

If you violate these Terms, Vercel may terminate and/or suspend your access to this Site without notice. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Vercel may change these Terms from time to time by providing thirty (30) days prior notice either by posting a notice at the Site. You can review the most current version of these Terms at any time at this Site. The revised Terms will become effective thirty (30) days after Vercel posts or sends you notice of such changes, and if you use the Site after that date, your use will constitute acceptance of the revised Terms. If any change to these Terms are not acceptable to you, your only remedy is to stop using the Site. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. You may not assign, transfer or sublicense without the prior written consent of Vercel, but Vercel may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment or transfer of these Terms by the parties in contravention of the foregoing shall be null and void. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all amendments must be in writing signed by both parties, except as otherwise provided herein. Vercel's failure to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. No agency, partnership, joint venture, or employment is created as a result of these Terms and neither party has any authority of any kind to bind the other party in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Except as stated above, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Any delays in or failure of performance of Vercel shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of Vercel including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots.

## Governing Law; Disputes; Arbitration.

**Law.** These Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions and the parties agree to the exclusive jurisdiction of the state and federal courts in San Francisco county.

**Binding Contract.** You acknowledge that these Terms are a contract between you and Vercel, even though it is electronic and is not physically signed by you and Vercel, and it governs your use of the Site.

**Arbitration.** Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and Vercel expressly agree and intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. For purposes of this Section, "Claims" means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Site, including any and all contents, materials and software related thereto, and/or (ii) your use of the Site.

**Informal Dispute Resolution.** If any Claim arises out of or relates to the Site or these Terms, other than as may be provided herein, then you and Vercel agree to send notice to the other providing a reasonable description of the Claim, along with a proposed resolution of it. Vercel notice to you will be sent based on the most recent contact information that you provided Vercel. If no such information exists or if such information is not current, Vercel has no obligation under this Section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and Vercel will engage in a dialog to attempt to resolve the Claim, though nothing will require either you or Vercel to resolve the Claim on terms with respect to which you and Vercel, in each of the parties' sole discretion, is not comfortable.

**Applicable Law.** If you and Vercel cannot resolve a Claim, within sixty (60) days of the receipt of the notice, then you agrees that that any such Claim and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration relating to your use of the Site, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, you and Vercel agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or disputes arising between you and Vercel regarding these Terms and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of these Terms as a court would. THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF YOUR ACCOUNT OR THE SERVICE.

**Arbitration Request.** To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Vercel at 340 S Lemon Ave #4133, Walnut CA, 91789. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. The arbitration shall take place in San Francisco, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and https://www.jamsadr.com.

**Fees.** You and Vercel will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Vercel to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Vercel will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit Vercel to recover attorneys' fees. Vercel will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

**Class Action Waiver.** YOU AND VERCEL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Vercel each agree that such proceeding shall take solely by means of judicial reference pursuant to California Code of Civil Procedure section 638.

**Exceptions.** Notwithstanding the agreement to resolve all disputes through arbitration, you or Vercel may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or Vercel may also seek relief in small claims court for Claims within the scope of that court's jurisdiction. In the event that the arbitration provisions above are found not to apply to you or to a particular Claim, either as a result of your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, you agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in San Francisco County, California. You and Vercel agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms or your use of the Site in the event that the arbitration provisions are found not to apply. In such a case, should Vercel prevail in litigation against you to enforce its rights under these Terms, Vercel shall be entitled to its costs, expenses, and reasonable attorneys' fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Vercel may be entitled.

**Restrictions.** TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR VERCEL WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR VERCEL MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. "Commencing" means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with JAMS as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by Vercel to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Site, intellectual property rights of Vercel, and/or Vercel's provision of the Site.

**Opt-Out.** You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to: privacy@vercel.com with the subject line "COMPANY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT". The notice must be sent within thirty (30) days of your first use of the Site, otherwise you shall be bound to arbitrate any disputes in accordance with these Terms providing for binding arbitration. If you opt-out of these arbitration provisions, Vercel also will not be bound by them.

Date last updated: December 8th, 2021
