Terms of Service


OVERVIEW

This website is operated by Turmerry. Throughout the site, the terms “we”, “us”, and “our” refer to Turmerry. Turmerry offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

  • MEDICAL ADVICE DISCLAIMER
  • THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.

    The information, including but not limited to text, graphics, images, and other material contained on this website, is for informational purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.


ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in the immediate termination of your Services.


GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform to and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfers over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.


PRODUCTS OR SERVICES (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display, as accurately as possible, the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.


ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.


ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.


PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Turmerry, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Turmerry and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


DISPUTE RESOLUTION AND BINDING ARBITRATION

  1. Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the state of North Carolina before a single arbitrator.

  2. Binding Arbitration: The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules") then in effect, except as modified by this agreement to arbitrate. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

    • Notice of Dispute: Before initiating arbitration, the party seeking resolution must provide written notice to the other party describing the nature of the dispute, the relief sought, and contact information, including the residential address, name, phone number, and email address associated with the user account (if relevant). This notice should be sent via certified mail to the following address:

      Turmerry
      3300 Woodpark Blvd., Suite L
      Charlotte, NC, 28206, United States


    • Negotiation and Mediation: Upon receipt of a notice of dispute, both parties agree to negotiate in good faith for a minimum of sixty (60) days to resolve the dispute informally. If negotiations fail, either party may initiate arbitration proceedings.

    • Arbitration Proceedings: Arbitration shall be conducted in English by a single arbitrator appointed by mutual agreement of the parties or, failing such agreement, by the American Arbitration Association (AAA). The arbitration will be held in Charlotte, North Carolina.

    • Limitations: You and we agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

    • Arbitration Award: The arbitrator's decision and award shall be final and binding, and judgment on the award may be entered in any court with jurisdiction. The arbitrator may award any relief that a court could, including injunctive or declaratory relief and attorney's fees.

    • Exceptions: This arbitration agreement does not prevent either party from seeking equitable relief in a court of competent jurisdiction for the protection of intellectual property rights or to enforce compliance with this arbitration provision.

    • Severability: If any provision of this arbitration agreement is found unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be enforced to the fullest extent possible.

By using Turmerry's Services, you acknowledge and agree to these Dispute Resolution and Binding Arbitration provisions.


CLASS ACTION WAIVER

You and we agree that any arbitration shall be conducted on an individual basis and not on a class, collective, or representative basis. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or brought in a purported representative capacity on behalf of the general public or other persons similarly situated.


  1. Scope of Waiver: This waiver applies to all types of disputes, claims, or controversies, including but not limited to those arising from these Terms of Service, product purchases, or any other agreements between you and us. It encompasses all forms of arbitration, whether administered by an arbitration institution or conducted ad-hoc.

  2. Exceptions: The class action waiver does not prevent either party from seeking injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent imminent harm or irreparable injury.

  3. Mutual Understanding: By agreeing to this class action waiver, you and we acknowledge and understand that you are waiving the right to participate in a class action lawsuit or class-wide arbitration. This waiver promotes individualized resolution of disputes and avoids the complexities and inefficiencies associated with collective actions.

  4. Enforceability: If any part of this class action waiver is found to be invalid or unenforceable, the remaining provisions of these Terms of Service, including the arbitration agreement, shall remain in full force and effect. Severability ensures that the unenforceability of one aspect does not invalidate the entirety of the agreement regarding dispute resolution and arbitration.

By using Turmerry's Services, you acknowledge and agree to the Class Action Waiver and all conditions set forth by the Class Action Waiver.


EQUITABLE RELIEF

By agreeing to these Terms of Service, you understand and agree that if there is a breach or a potential violation of Turmerry's intellectual property rights or disclosure of confidential information by you, Turmerry will suffer significant harm that cannot be adequately compensated solely with monetary damages. In such cases, Turmerry reserves the right to seek injunctive relief to enforce these Terms.

In the event of such a breach or potential violation, Turmerry may, without waiving any other remedies under these Terms, seek interim, equitable, provisional, or injunctive relief from the courts with jurisdiction necessary to safeguard its rights and property while the arbitration process is ongoing.

Your acceptance of these Terms signifies your irrevocable and unconditional consent to the personal and subject matter jurisdiction of the federal and state courts situated in Charlotte, North Carolina, for any such legal actions initiated by Turmerry to protect its rights and property.


ELIGIBILITY

The Website and the Services are available for individuals aged 13 years or older. By using this site, you represent and warrant that you are at least 13 years of age or older and have the legal capacity to enter into a binding contract. If you are under the age of 13, you are not permitted to use the Website or the Services.

If you are between 13 and 18 years old, you must review these terms with your parent or guardian to ensure they understand and agree to them. If you are a parent or guardian permitting a person between the ages of 13 and 18 (a "Minor") to use the Services, you agree to: (i) supervise the Minor's use of the Services; (ii) assume all risks associated with the Minor’s use of the Services, including the transmission of content and information to and from third parties via the Internet; (iii) ensure that the content and information that the Minor may encounter on the Services are suitable for the Minor; (iv) assume all liabilities resulting from the Minor's use of the Services; and (v) ensure the accuracy and truthfulness of all information submitted by the Minor.


INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Turmerry or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Turmerry, with copyright authorship for this collection by Turmerry, and protected by both United States copyright laws and international copyright laws.

The trademarks, logos, and service marks displayed on the site are the property of Turmerry and other respective owners. You are not permitted to use these Marks without the prior written consent of Turmerry or such third party that may own the Marks. The design and layout of the Turmerry website, and all other websites owned, operated, licensed, or controlled by Turmerry, are protected as trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written consent.


DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

Turmerry respects the intellectual property rights of others. If you believe that any content on our Website constitutes copyright infringement, please notify us promptly in accordance with the procedures set forth in the Digital Millennium Copyright Act (DMCA).

To file a notice of infringing material, please provide a written communication that includes the following information:


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, email address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices should be sent to the following address:

Turmerry
3300 Woodpark Blvd., Suite L
Charlotte, NC, 28206
United States
Email: hello@turmerry.com

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.


SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.


TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly, we may deny you access to our Services (or any part thereof).


ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of North Carolina, United States, without regard to its conflict of laws provisions.


CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@turmerry.com.

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