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Towin’ Turtles
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User Agreement & Disclosure Towin' Turtles

 

This User Agreement and Disclosure is entered into between you (the "User") and Towin' Turtles ("Company," "we," or "us"). By accessing, browsing, or otherwise using the website, services, or products offered by the Company, you agree to be bound by the terms and conditions of this Agreement.


1. User Agreement (Terms of Service)

1.1 Acceptance

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. If you do not agree to all of the terms and conditions of this Agreement, then you may not access or use any Services.

1.2 User Conduct and General Responsibilities

The User agrees to use the Services only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of our Services.

1.3 Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, and code (excluding content provided by the User), are the exclusive property of the Company and are protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any of the Company’s intellectual property without our prior written consent.

1.4 Termination

We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement.

1.5 Towin' Turtles Operational Protocols and Assumption of Risk

By participating in Operation Town Turtle, the User explicitly acknowledges, understands, and agrees to the following specific rules and assumptions of risk:

A. Safety and Vehicle Operation:

  • The User must inspect the vehicle or equipment before use to note any existing damages or potential problems themselves.
  • The User must be aware of traffic, surrounding cars, and the inherent risk to their own body and vehicle when pulling over to execute Operation Town Turtle and while operating on the side of the road.
  • The Company strictly prohibits adding or changing any components of the Company's vehicle or equipment.
  • Any damage to Company property (including vehicles or equipment) caused by the User’s misuse or use for purposes other than moving turtles will be charged to the User, and the subscription will be canceled without refund.
  • Any and all crashes, accidents, fines, or traffic violations caused by the User's operation of their personal vehicle or the Company's vehicle/equipment are the sole fault and responsibility of the User.

B. Turtle Relocation Protocol:

  • The primary goal is turtle safety: take the turtle in the direction it was going if that direction is discernible.
  • If the original direction cannot be determined, moving the turtle off the road is better than on the road in any direction.
  • The User acknowledges that the Company is not responsible for the final placement of the turtle, and the Company is not liable if the "turtle is in the wrong place" (i.e., not our problem).

C. Prohibited Use and Penalties:

  • The Company's equipment and Services are solely for the relocation of turtles. Use of Company resources to move anything other than a turtle will result in fine and the immediate cancellation of service and subscription without refund.
  • The User is strictly prohibited from using any vehicle or equipment associated with the Services to hurt others or themselves.

2. Disclosure and Confidentiality

2.1 Use of User Data (Privacy Summary)

Towin' Turtles respects your privacy. We collect and use information that you provide to us, which may include personally identifiable information, to operate and provide the Services. We may use your data for:

  • Fulfilling transactions and providing customer support.
  • Improving our Services and developing new products.
  • Sending you relevant marketing or service updates 

We will not sell your personally identifiable information to third parties. We may share data with trusted third-party service providers (e.g., payment processors, hosting services) only as necessary to provide the Services. For complete details on data collection, use, and security, please refer to our full Privacy Policy at doesnotexist/thisisafakelink.com

3. Limitation of Liability and Indemnification

3.1 Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no warranties, expressed or implied, regarding the operation or availability of the Services or the content, information, and materials included therein.

3.2 Specific Limitation of Liability (Exclusion of Risk)

In addition to the general limitations herein, the Company, its directors, employees, partners, agents, suppliers, or affiliates, shall NOT be liable for, and the User assumes all risk for, any of the following:

  • Any emotional damages (emotional distress or psychological harm).
  • Turtle or human deaths or injuries caused by the User's personal vehicle, the turtle itself, or caused by any operation while on the side of the road.
  • Motorbike or cyclist accidents related to the User's roadside activities.
  • Debris left on the road from any vehicle including the Company’s, or any vehicle debris left by the User’s personal vehicle/s.
  • Any damage to the Company vehicle that can be charged to the User if the vehicle is used to move anything other than a turtle.
  • Any loss or damage resulting from the User’s failure to properly inspect equipment before use, as the User must inspect the vehicle before use to note any damages or potential problems yourself.
  • Liability related to the turtle being in the wrong place 
  • Any claims arising from a vehicle being used to hurt others.

3.3 Indemnification

You agree to defend, indemnify and hold harmless the Company and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, or b) a breach of this Agreement, including any crash, accident, or injury that occurs while you are participating in Operation Town Turtle, which is your fault.

4. Governing Law

This Agreement shall be governed and construed in accordance with the laws of New York, Usa without regard to its conflict of law provisions.

5. Changes to the Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Agreement on this page. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

Effective Date: [12/24/2025]

  • Terms and Conditions

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