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TeeTurtle and Unstable Games Website Terms of Use

Last modified November 11, 2021

Acceptance of Terms

These Terms of Use applies to your accessing, downloading, or using the teeturtle.com and unstablegames.com websites (together the “Service”), and your accessing any associated content, including all content available through the Service. The Service is operated by TeeTurtle, LLC, 6200 Pershall Road Hazelwood, MO 63042 (“TeeTurtle,” “we,” “us,” “our”). We provide you with access to our Service subject to the following Terms of Use, which may be updated from time to time without prior notice to you.

Please read these Terms of Use carefully. By accessing any part of our Service, you agree that you have read and understand these Terms of Use and any posted updates and that you accept and agree to be bound by them. If you do not wish to be bound by these Terms of Use, please do not continue to use our Service.

Protection of Privacy

Information you give to us about yourself is subject to our Privacy Policy, which is incorporated into these Terms of Use. We encourage you to read and understand our privacy practices before continuing. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Additional Terms

Your use of certain features of our Service may be subject to additional terms. For example, if you purchase a product from us through our Service, it may be subject to our Returns & Exchanges policy. We may offer promotions or contests through the Service from time to time, and your participation in these may also be subject to additional terms. To the extent additional terms affect your use of the Service, those terms (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use.

Registration

You may browse the Service without registration, but you understand that some features of the Service may not be accessible to you unless you register. In registering for the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) certify that you are at least eighteen (18) years old. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect this, we have the right to suspend or terminate your account and to refuse any further use of the Service by you.

Registration Account and Password

You will receive a username and password as part of the registration process. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify us of any actual or suspected unauthorized use of your password or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect the confidentiality of your password and account.

Registration for Mobile Message Service

You have the option to register to receive occasional SMS/text messages from us on your mobile device (the “SMS Service”). If you choose to register to for the SMS Service, these additional terms apply.

By consenting to the SMS Service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.) and promotions, specials, and other marketing offers (e.g., exclusive sales) from and on behalf of us via text messages through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (833) 364-1261 or reply with STOP to any of our text messages. You may also click the unsubscribe link in any text message to opt-out. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. For SMS Service support or assistance, text HELP to +1 (833) 364-1261 or email support@teeturtle.com.

We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.

Products for Personal Use

All products available on this Service, and any samples thereof, are for personal, non- commercial use only. You may not resell any of the products that you purchase or receive from us without our prior permission. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine your order violates our Terms of Use. If you are a wholesaler or retailer interested in purchasing items in bulk, please contact us at: wholesale@teeturtle.com

Product Descriptions and Information

We attempt to be as accurate as possible when describing our products and when depicting these products on the Service. Product colors may look different depending on your computer settings. For more information on the cuts and sizing of our apparel, please visit our Sizing Guide.

Disclaimers of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WITH RESPECT TO THE SERVICE (INCLUDING BUT NOT LIMITED TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS, AND SERVICES DESCRIBED THROUGH THE SERVICE) AND THE PRODUCTS OFFERED FOR SALE THROUGH THE SERVICE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF THIRD-PARTY RIGHTS. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SERVICE OR ANY PURCHASE MADE THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR ANY PRODUCT SALE OR OTHERWISE RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT ACTUALLY RECEIVED BY US FROM SUCH SALE (IF APPLIABLE) OR (2) $100.

Intellectual Property Rights

You acknowledge and agree that the Service and its contents, including, but not limited to, all images, toy and game designs, photographs, information, data, text, product descriptions, software, music, sound, graphics, video, messages, tags and/or other materials (collectively, the “Content”) are proprietary or confidential information that belongs exclusively to us and is protected by applicable copyright, trademark, trade secret, patent or other proprietary rights and laws.

You are not authorized to reproduce, republish, distribute, transmit, modify, sell or otherwise use the Content, or to create derivative works based on the Content, in whole or in part, without our express written authorization. Without limiting the foregoing, you are not authorized to use the Content in order to gain a competitive advantage, for marketing purposes (including third-party solicitations), to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorized access to the Service. In addition, you are not authorized to use, access, search or obtain data from the Content of the Service by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology. We grant you a personal, non-transferable and non-exclusive right and license to use the Content on a single computer for non-commercial purposes only and subject to all other Terms of Use herein. Any unauthorized use terminates the permission or license granted by us.

The TeeTurtle and Unstable Games names and associated product names and logos are trademarks or registered trademarks of TeeTurtle, LLC (the “Marks”). You are not authorized to display or use in any manner any Mark without our prior written consent.

The products, product designs, and graphics are our exclusive property and are protected by applicable copyright, trademark, trade dress, patent, and other proprietary rights and laws. For more information on patents owned by us, please visit our Patents site. You are not authorized to reproduce, sell or otherwise use our products, product designs, or graphics, in whole or in part.

Information Sent to Us

We welcome and encourage your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, our Service, or any other method. We will not compensate you for any submissions that we use. By submitting such materials, you grant us a perpetual, worldwide, irrevocable, royalty-free license to copy, modify, distribute, reproduce, create derivative works of, post, or otherwise use those materials in any way we deem appropriate, including without limitation for commercial purposes, without any obligation to provide notice, attribution, or compensation to you. You expressly agree that you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and you will solely bear any liability related to your submission of such materials.

User Conduct

You agree not to use our Service to:

  • engage in any conduct which might be harmful to any individual;
  • impersonate or misrepresent your affiliation with any person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Service, servers or networks connected thereto (e.g., using a bot to overload our product review feature).

INDEMNIFICATION

UNLESS OTHERWISE PROHIBITED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, COSTS OR DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD PARTY ARISING FROM OR RELATED TO YOUR MISUSE OF THE SERVICE OR YOUR MISCONDUCT IN CONNECTION THEREWITH IN VIOLATION OF THESE TERMS OF USE.

Links to Other Sites

We do not make representations or warranties about any website that you may be able to access through the Service, including, but not limited to, the Unstable Games Wiki site. We do not endorse, monitor or assume any liability for the information provided or activities undertaken by any such website.

Waiver

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

GOVERNING LAW

UNLESS PROHIBITED BY LAW, THESE TERMS OF USE AND THE RELATIONSHIP BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES.

LIMITATIONS ON PERIOD TO BRING CLAIMS

ANY CLAIMS RELATING TO THE USE OF THE SERVICE OR PURCHASE OF ANY PRODUCTS OFFERED ON THE SERVICE MUST BE BROUGHT IN ARBITRATION (AS SET FORTH BELOW) WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION AROSE.

ARBITRATION AND CLASS ACTION WAIVER

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TO YOUR USE OF THE SERVICE OR PURCHASES OF ANY PRODUCTS MADE THROUGH THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. BY PARTICIPATING IN ARBITRATION, YOU ALSO WAIVE YOUR RIGHT TO SUE OR TO GO TO COURT TO SECURE RELIEF.

THE ARBITRATION WILL BE CONDUCTED IN ST. LOUIS, MO, AND BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS THEN-APPLICABLE RULES, INCLUDING (AS APPROPRIATE) ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT http://www.adr.org/.

PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING. JUDGMENT ON THE ARBITRAL AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

IN THE EVENT THAT THIS ARBITRATION PROVISION IS DEEMED TO BE UNENFORCEABLE BY ANY COURT, ALL ACTIONS MUST BE BROUGHT IN THE COURTS LOCATED IN ST. LOUIS, MISSOURI.

Contact Us

Please feel free to contact us by email at  support@teeturtle.com, or by writing us at TeeTurtle, LLC, 6200 Pershall Road Hazelwood, MO 63042 with any questions regarding these Terms of Use.