Terms of service

Turtle Pie Co.

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

  • Acceptance of the Terms of Use
    •

    1.1 Poppies in Gold LLC, dba Turtle Pie Co. (“Turtle Pie Co.,” “we,” “us,” or “our”), makes available the following website: https://turtlepieco.com/. The following terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website. By accessing, viewing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, in addition to our Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you must not access, browse, or otherwise use the Website.

    1.2 From time to time, and at Turtle Pie Co.’s sole discretion, we may revise these Terms of Use. Any changes to the Terms of Use will become effective at the time of posting, and your continued use of the Website means you accept all the revisions and changes. You may access the updated copy of the Terms of Use by clicking on the Terms of Use tab on the Websites. You agree that if any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, viewing, browsing, and using the Website.

    1. Use of the Website.

    2.2 The Website contains material (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) owned in whole or in part by Turtle Pie Co. (the “Content”). The Content is protected by the intellectual property laws of the United States and other foreign jurisdictions, as well as other federal and state laws. Any unauthorized use of the Content may result in violation of Turtle Pie Co.’s copyright, trademark, patent rights, or other intellectual property rights. You agree not to use, copy, or display the Content, except as permitted under these Terms of Use. Permission is granted to electronically copy and/or print hard copy portions of this site for the sole purpose of placing an order with TurtlePieCo.com or purchasing TurtlePieCo.com products. No other use is permitted without Turtle Pie Co.’s prior written consent. You must retain all proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, assign, license, sublicense, sell or modify the Content. You may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Do not use any of the Content on any of the Website without the express written consent from Turtle Pie Co., which must be obtained for each instance of use.

    2.3 Your rights to access, download and/or use any Turtle Pie Co. products or services made available through the Website will be subject to the terms of use identified on the Website and/or in connection with such products and services applicable to each such product or service. By using such products or services, you agree to comply with those terms of use.

    2.4 The trademarks, service marks, and logos of Turtle Pie Co. (the “Turtle Pie Co. Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Turtle Pie Co. Other Turtle Pie Co. products and services names located on the Website may be trademarks or service marks owned by third-parties (the “Third-Party Marks,” and, collectively with the Turtle Pie Co. Trademarks, the “Trademarks”). Nothing on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written consent of Turtle Pie Co, or, where applicable to Third-Party Marks, without the prior written consent of respective third-parties, specific for each such use. The Trademarks may not be used to disparage Turtle Pie Co., or a third-party, Turtle Pie Co.’s or third-party’s products or services, or in a manner that may damage the goodwill in the Trademarks. Use of any Trademarks as part of a link to or from the Website is prohibited without Turtle Pie Co’s prior written authorization. All goodwill generated from the use of any Turtle Pie Co. Trademarks shall inure to Turtle Pie Co.’s benefit.

    2.5 You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Website; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website; (d) delete or alter any material posted on the Website by Turtle Pie Co. or any other person or entity with Turtle Pie Co.’s permission; or (e) frame or link to any of the materials or information available on the Website.

    2.6 The Website contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. Because Turtle Pie Co. does not develop the content of such External Sites, Turtle Pie Co.  is not responsible for the content of any linked External Sites. If you decide to access any External Sites, you do so at your own risk. Any questions or concerns about the content located on External Sites should be directed to the webmaster or administrator of such External Sites.

    2.7 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices with respect to the Website should be sent to Turtle Pie Co. at:

    By Mail:

    Copyright Agent
    [street address]
    [town, state, zip code]
    United States

    By EmailT:

    [email of the designated copyright agent]

    1. Limitation of Liability and Disclaimer of Warranties

    3.1 TURTLE PIE CO., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “TURTLE PIE CO. PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE TURTLE PIE CO. PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITES AND THE CONTENT AT YOUR OWN RISK.

    THE TURTLE PIE CO. PARTIES DO NOT WARRANT THAT THE WEBSITES WILL OPERATE ERROR FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO TURTLE PIE CO. PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

    THE WEBSITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE TURTLE PIE CO. PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

    3.2 IN NO EVENT SHALL ANY TURTLE PIE CO. PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH TURTLE PIE CO. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY OTHER TURTLE PIE CO. PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

    3.3 In some states applicable law may not allow the limitation of exclusion of implied warranties or liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN SUCH STATES, THE LIABILITY OF THE TURTLE PIE CO. PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    1. 4. Participation and Use of Site

    4.1 TurtlePieCo.com does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Turtle Pie Co. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TurtlePieCo.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another; or (d) offensive or otherwise unacceptable to Turtle Pie Co. in its sole discretion.

    4.2 Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Turtle Pie Co. or other employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


    1.  Typographical Errors
      In the event that a TurtlePieCo.com product is mistakenly listed at an incorrect price, Turtle Pie Co. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Turtle Pie Co. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Turtle Pie Co. shall issue a credit to your credit card account in the amount of the incorrect price.

    1. Indemnification

    You agree to defend, indemnify, and hold harmless the Turtle Pie Co. Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use or misuse of the Content or Websites. Turtle Pie Co. shall provide notice to you of any such claim, suit, or proceeding. Turtle Pie Co.  reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Turtle Pie Co.’s defense of such matter.

    1. Term; Termination

    Turtle Pie Co. reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. Turtle Pie Co. reserves the right to change, suspend, or discontinue all or any part of the Websites or the Content at any time without prior notice or liability. The provisions relating to Sections 2,3,4,5, 6, 7 and 8 shall survive any termination.

    1. Miscellaneous
      Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to the choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The parties shall resolve any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity hereof, under the provisions of this clause.  Except with respect to matters as to which injunctive relief is being sought, all disputes, controversies, or claims arising out of or relating to this Agreement which cannot be resolved by the parties hereto shall be finally settled in accordance with Judicial Arbitration and Mediation Services (“JAMS”) Comprehensive Arbitration Rules and Procedure revised as of January 1, 2021 (the “Rules”) in the County of Los Angeles, California, and shall be administered by JAMS. The decisions of the arbitrator shall be binding and final and judgment may be entered thereon in any court of competent jurisdiction. The prevailing party shall recover reasonable attorney’s fees and costs from the other party.  Turtle Pie Co.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Turtle Pie Co. may assign its rights and duties under this Agreement to any party at any time without notice to you. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors and assigns. Any information submitted or provided by you to the Websites might be publicly accessible. Important and confidential information transferred through the Internet or any other network that you may use should be protected by you. Turtle Pie Co. is not liable for protection of privacy of electronic mail or other information. Turtle Pie Co. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to turtlepieco.com.