Terms of Service
Last updated: Apr 10, 2024 4:41 PM
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the
website (the "Website") operated by Turkey, LLC, a(n) Limited Liability
Company formed in Nebraska, United States ("us," "we," "our") as this
Terms of Service contains important information regarding limitations of
our liability. Your access to and use of this Website is conditional
upon your acceptance of and compliance with these Terms. These Terms
apply to everyone, including but not limited to visitors, users and
others, who wish to access and use the Website.
By accessing or
using the Website, you agree to be bound by these Terms. If you disagree
with any part of the Terms, then you do not have our permission to
access or use the Website.
Our offers and pricing
We
offer goods, services, and digital products on this Website. The price
of these goods, services, and digital products is as follows: Prices and
services may vary depending on the product or service being rendered..
This price does not include taxes or other fees that you may be charged.
Purchases
When
you make a purchase on the Website, you will be using a third party
payment processor, Stripe, that will collect your payment information
and process your payment. We are not responsible for the collection,
use, sharing or security of your billing information by Stripe. The
following payment method(s) are accepted by the third party payment
processor: American Express, bank transfer, Discover, MasterCard, and
Visa.
You hereby represent and warrant that you have the legal
right to use the payment method(s) in connection with any purchase and
that the information that you supply to us and to the third party
payment processor(s) is true, correct and complete.
Cancellation policy
We
offer cancellations on purchases made of the goods, services, and
digital products offered on our Website. We offer cancellations only
prior to shipment, prior to download, and prior to performance of the
service. You may cancel your order by contacting us. You will not be
charged a cancellation fee if you cancel your purchase in accordance
with the instructions above. We will issue you a refund of the full
purchase price that you paid if you cancel your purchase.
We
reserve the right to cancel your purchase for any reason, at our sole
discretion, including but not limited to fraud, inaccuracies, and
unavailability of the items or services purchased. We will not provide
you with any notice prior to cancelling your purchase.
We will issue you a refund of the full purchase price that you paid if we cancel your purchase.
Refund policy
We
offer refunds on purchases made of the goods, services, and digital
products offered on our Website. To qualify for a refund, you must
submit your request to us within 60 days of your purchase date by
contacting us. We offer refunds on any purchases made of the goods,
services, and digital products offered on our Website for any reason.
You are not required to ship your purchased goods back to us to receive a refund.
Shipping policy
When
you purchase our goods, either we or a third party will ship these
goods to you. If a third party is used for shipping, the shipping will
be governed by that third party’s Terms of Service and other applicable
policies. Please contact us to gain access to the third party’s identity
and policies.
When you purchase our goods, the cost of the shipping will be calculated and presented to you during the checkout process.
We or a third party will ship the goods to you within a reasonable time from the date that you made your purchase.
Advance payments
We
may ask you to provide an advance payment on any purchase made of the
goods, services, and digital products offered on our Website. An advance
payment is a partial payment of the total purchase price that will help
pay for our actual expenses while providing the goods, services, and
digital products.
We will issue you a refund of the advance payment that you made if we cancel.
We will issue you a refund of the advance payment that you made if you cancel.
NO WARRANTY ON PURCHASES
THE
ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS
IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD
ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Remedies
You
agree that the remedy for breach of this Terms of Service as it relates
to your purchase shall be reject the goods, services or digital
products. You also agree that the remedy for breach of this Terms of
Service as it relates to your purchase shall be to pursue dispute
resolution as provided in the “governing law, severability, dispute
resolution, venue and class action waiver” section below. These remedies
intended to be your sole and exclusive remedies for any breach of this
Terms of Service as it relates to your purchase.
Subscriptions
This
Website features products or services that are offered via a
subscription model. A subscription model requires regular payments to
receive a product or service. The initial term of the subscription is 1
year or 1 month, depending on which plan the user chooses..
We
offer a free trial to our customers for a period of 14 days. After the
free trial has expired, you will be charged for the full amount of the
subscription service.
YOU MAY REVOKE YOUR SUBSCRIPTION BY
CONTACTING US WITHIN 3 DAYS OF MAKING YOUR PURCHASE. IF YOU REVOKE YOUR
SUBSCRIPTION, IT WILL NOT AUTOMATICALLY RENEW AND YOU WILL NOT BE
CHARGED FOR THE RENEWALS. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE
THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ONCE YOU REVOKE.
YOU MUST MAKE A MINIMUM PURCHASE TO QUALIFY FOR THE SUBSCRIPTION. THE MINIMUM PURCHASE REQUIRED IS AS FOLLOWS: $9.
AUTOMATIC RENEWALS OF SUBSCRIPTIONS
WHEN
YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL
AUTOMATICALLY RENEW EACH YEAR OR EACH MONTH, DEPENDING ON WHICH PLAN THE
USER CHOOSES.. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING
THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.
YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA EMAIL BY CONTACTING US AT
.
PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES
PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.
THE CANCELLATION OF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION WILL BECOME EFFECTIVE IMMEDIATELY UPON YOU CONTACTING US.
Accounts
When
you create an account on our Website, you guarantee that you are 18
years of age or older and that the information that you provide us is
accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your
account on the Website.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited
to the restriction of access to your computer and/or account. You agree
to accept responsibility for any and all activities or actions that
occur under your account and/or password, whether your password is with
our Website or a third party service. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of
your account.
We reserve the right to terminate your account
anytime at our sole discretion. You can terminate your account by
contacting us or through their account on the Website.
Comments and uploading content
By
submitting a comment or uploading content onto this Website, you grant
Turkey, LLC a worldwide, non-exclusive, perpetual, royalty-free license
to reproduce, publish and distribute the comment or content. When you
make a comment or upload any content onto this Website, you agree that
such comment or content may be viewed by other parties and it is your
responsibility to ensure that the comment or content does not contain
any confidential or proprietary information. You are also responsible
for ensuring that your content or comment does not violate any laws,
rules or regulations. We reserve the right to remove any content or
comment at any time in our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:
Content
that harasses others;Content that is discriminatory or
offensive;Swearing, name calling and otherwise abusive
content;Pornographic and sexually explicit content;Content displaying,
depicting or suggesting violence;Content that exploits or abuses
children;Content encouraging or committing illegal acts;Content sharing
personal information without consent;Content infringing on someone’s
rights, including intellectual property rights;Content advertising
products or services without our permission;Content whose purpose is
spamming others.
Prohibited uses
You agree
that you will use this Website in accordance with all applicable laws,
rules, regulations and these Terms at all times. The following is a
non-exhaustive list of prohibited uses of this Website. You agree that
you will not perform any of the following prohibited uses:
Impersonating
or attempting to impersonate Turkey, LLC or its employees,
representatives, subsidiaries or divisions;Misrepresenting your identity
or affiliation with any person or entity;Sending or attempting to send
any advertising or promotional material, including but not limited to
spam, junk mail, chain mail or any similar material;Engaging in any
conduct that restricts or inhibits any person’s use or enjoyment of the
Website, or which, as determined in our sole discretion, may harm us or
the users of this Website or expose us or other users to liability;Using
the Website in any manner that could disable, overburden, damage or
impair the Website or interfere with another party’s use of the
Website;Using any robot, spider or other similar automatic technology,
process or means to access or use the Website for any purpose, including
monitoring or copying any of the material on this Website;Using any
manual process or means to monitor or copy any of the material on this
Website or for any other unauthorized purpose;Using any device,
software, means or routine that interferes with the proper working of
the Website, including but not limited to viruses, trojan horses, worms,
logic bombs or other such materials;Attempting to gain unauthorized
access to, interfering with, damaging or disrupting any parts of the
Website, the server(s) on which the Website is stored, or any server,
computer or database connected to the Website;Attempting to attack or
attacking the Website via a denial-of-service attack or a distributed
denial-of-service attack;Otherwise attempting to interfere with the
proper working of the Website;Using the Website in any way that violates
any applicable federal, state or local laws, rules or regulations.
NO WARRANTY ON WEBSITE
THIS
WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE,
WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE
OF TRADE OR OTHERWISE.
Availability, errors and inaccuracies
We
assume no liability for the availability, errors or inaccuracies of the
information, products or services provided on this Website. We may
experience delays in updating information on this Website and in our
advertising on other websites. The information, products and services
found on the Website may contain errors or inaccuracies or may not be
complete or current. Products or services may be incorrectly priced or
unavailable. We expressly reserve the right to correct any pricing
errors on our Website. The inclusion or offering of any product or
service on this Website does not constitute an endorsement or
recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN
NO EVENT SHALL TURKEY, LLC BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF,
RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR
USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR
USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON
OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES,
INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES,
PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A
THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER
PROTECTION STATUTES OR OTHERWISE, EVEN IF TURKEY, LLC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE,
TURKEY, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF
OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE,
THEN THE LIABILITY OF TURKEY, LLC WILL IN NO EVENT EXCEED THE SERVICE
FEES YOU PAID TO TURKEY, LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON
THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF
RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL
SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS
OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS
OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF
TURKEY, LLC. THE AGGREGATE LIABILITY OF TURKEY, LLC ARISING OUT OF OR
RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO
THE AMOUNT OF FEES ACTUALLY RECEIVED BY TURKEY, LLC FROM YOU.
Links to third party websites
This
Website may contain hyperlinks to websites operated by third parties
and not by us. We provide such hyperlinks for your reference only. We do
not control such websites and are not responsible for their contents or
the privacy or other practices of such websites. Further, it is your
responsibility to take precautions to ensure that whatever links you
click on or software that you download, whether from this Website or
other websites or applications, is free of such items as viruses, worms,
trojan horses, defects and other items of a destructive nature. Our
inclusion of hyperlinks to such websites does not imply any endorsement
of the material on such websites or any association with their
operators.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All
contents of this Website are ©2023 - 2024 Turkey, LLC or third parties.
All rights reserved. Unless specified otherwise, this Website and all
content and other materials on this Website including but not limited to
all logos, designs, text, graphics, pictures, information, data,
software, sound files and arrangement thereof (collectively, “Content”)
are the proprietary property of Turkey, LLC and are either registered
trademarks, trademarks or otherwise protected intellectual property of
Turkey, LLC or third parties in the United States and/or other
countries.
If you are aware of a potential infringement of our intellectual property, please contact Ty Keller at
.
We
respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Website infringes on
the copyright, trademark or other intellectual property rights of any
person or entity.
If you believe in good faith that the Content
infringes on your intellectual property rights, you or your agent may
send us a written notice of such infringement titled “Infringement of
Intellectual Property Rights - DMCA.” Your notice to us must include the
following information:
An electronic or physical signature of the
person authorized to act on behalf of the owner of the intellectual
property right’s interest;A description of the work that you claim has
been infringed, including the URL (i.e., web page address) of the
location where the work exists or a copy of the work;Your name, email,
address and telephone number; andA statement by you that you have a good
faith belief that the disputed use is not authorized by the owner of
the work, its agent or the law.
Please note that we will not
process your complaint if it is not properly filled out or is
incomplete. You may be held accountable for damages, including but not
limited to costs and attorneys’ fees for any misrepresentation or bad
faith claims regarding the infringement of your intellectual property
rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Turkey, LLC
Ty Keller
4023141689
4611 S 96th St. #102, Omaha, NE 68127
UNITED STATES
Governing law, severability, dispute resolution and venue
These
Terms shall be governed and construed in accordance with the laws of
the state of Nebraska, United States, without regard to its conflict of
laws provisions.
THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED
NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE
UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce
any right or provision of these Terms will not be considered a waiver of
that right or provision. If any provision of these Terms is held to be
invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between you and us regarding our Website, and supersede and replace any
prior agreements we might have had with you regarding the Website.
Any
controversy or claim arising out of or relating to these Terms
including but not limited to the interpretation or breach thereof shall
be resolved in a court of competent jurisdiction in Douglas County,
Nebraska.
YOU AND TURKEY, LLC AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes to Terms of Service
We
reserve the right to make changes to these Terms of Service at any
time. We will not provide you with any notice when we make changes to
this Terms of Service.
Questions
If you have any questions about our Terms of Service, please contact us at
.
Phone: (402) 892-8492
Address:
4611 S 96th St #102
Omaha, NE 68127