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Website Terms of Use
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ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
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THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of TurlyTag, and you acknowledge that TurlyTag is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by TurlyTag or any association with its operators.
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PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by TurlyTag, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TurlyTag is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of TurlyTag. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us.
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USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you: 1. grant TurlyTag and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and 2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by TurlyTag will not infringe or violate the rights of any third party.
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DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TURLYTAG, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
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LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TURLYTAG, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TURLYTAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, TURLYTAG'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
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INDEMNIFICATION
Upon a request by TurlyTag, you agree to defend, indemnify, and hold harmless TurlyTag and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. TurlyTag reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TurlyTag in asserting any available defenses.
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INTERNATIONAL USE
TurlyTag makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
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CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Rhode Island, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Rhode Island, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
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SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and TurlyTag with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and TurlyTag with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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TERMINATION
TurlyTag reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
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ACCEPTANCE OF TERMS THROUGH USE
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TurlyTag Terms of Sale
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PLACING ORDERS
All orders of products placed by you with TurlyTag are non-cancelable and shall be subject to acceptance by TurlyTag. TurlyTag reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by TurlyTag, your order shall not be deemed accepted by TurlyTag until TurlyTag's shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
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PRODUCT STATUS
TurlyTag may revise and/or discontinue Products at any time. Changes in products shipped and products described on our website are possible. TurlyTag Products are new unless specified as refurbished.
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RETURN POLICY
If you are not satisfied with your purchase, return it with the original receipt and original packaging within 30 (thirty) calendar days of the date of shipment. If the item is returned unopened in the original box, TurlyTag will pay a refund based on the original payment method. You are responsible for shipping and handling charges on all returned items. OPENED PACKAGES CANNOT BE RETURNED FOR A REFUND.
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SHIPPING AND HANDLING /RISK OF LOSS
Product prices do not include shipping and handling, which will be separately stated at the time of order. TurlyTag will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
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LIMITATION OF LIABILITY
BOTH YOURS AND TURLYTAG'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR TURLYTAG BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR TURLYTAG SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
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DISCLAIMER OF WARRANTIES
TURLYTAG WARRANTS TO THE ORIGINAL PURCHASER OF A PRODUCT SOLD ON THIS WEBSITE THAT IT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR ONE (1) YEAR FROM THE DATE IT WAS ORIGINALLY PURCHASED (THE “WARRANTY PERIOD”). THIS LIMITED WARRANTY IS NOT TRANSFERABLE. THIS LIMITED WARRANTY IS ENFORCEABLE ONLY IN THE US. DURING THE WARRANTY PERIOD, IF THE PRODUCT IS FOUND BY TURLYTAG TO BE DEFECTIVE, TURLYTAG MAY AT ITS ABSOLUTE AND SOLE DISCRETION: (I) REPAIR OR REPLACE THE PRODUCT WITHOUT CHARGE; OR (II) REFUND THE PURCHASE PRICE. ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT ARE DISCALIMED. THIS LIMITED WARRANTY CONSTITUTES PURCHASER’S SOLE REMEDY FOR ANY PRODUCT DEFECTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
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PLACING ORDERS
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