Access to Build to Made or The Kind Turtle web site at www.buildtomade.com and www.buildtomadeeats.com (“Site” or “Website”) is subject to these Terms of Use. By using this Site, you agree to the terms herein, which may be updated by us from time to time without notice to you. Your use of the Site after the posting by us of any changes to these Terms of Use will constitute your acceptance of those changes. If you have any questions about these Terms of Use, please contact us at: hello@buildtomade.com.
Privacy Policy
The personally identifiable information that you provide us when using the features of our Site is subject to our Privacy Policy, which is a part of these Terms of Use. Please take the time to review the important information contained in our Privacy Policy regarding our collection and use of this information.
Your Use of This Site
You may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit our Site (or any portion of it), unless you have Build to Made or The Kind Turtle express written permission to do so. You may only use our Site in accordance with these Terms of Use; any other terms applicable to the various features of our site; and all applicable laws, rules, and regulations. Build to Made or The Kind Turtle may, in its sole discretion and at any time, discontinue this Site, or any part thereof, with or without notice. You agree that you do not have any rights in our Site and that Build to Made or The Kind Turtle will have no liability to you if this Site is discontinued or your ability to access our Site is terminated.
Communications
When you communicate with Build to Made or The Kind Turtle, or donate/purchase through our site, you are communicating with us electronically. Your use of this site, including the providing of donations/purchases on this site via PayPal, Square, Stripe, Celery, Amazon, Instagram or other electronic payment system, constitutes your consent to the receipt of electronic communications from us. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that Build to Made or The Kind Turtle is not liable for any garbled or scrambled transmissions, including any failed attempt on your part to communicate with us.
Intellectual Property
This Site is operated by Build to Made or The Kind Turtle under the parent company of The Kind Turtle, LLC and contains information, software, photographs, audio, video, graphics, links, and other material (collectively, “Content”) supplied by Build to Made or The Kind Turtle and identified third parties, all of which is legally protected under copyright, trademark, patent, and other intellectual property laws.
Trademarks
Build to Made or The Kind Turtle and all other slogans, logos, and product and service names used on this Site are trademarks owned by Build to Made or The Kind Turtle. You agree not to display or use such trademarks, in any manner, without the written permission of Build to Made or The Kind Turtle.
Copyright
The content that Build to Made or The Kind Turtle provides on this Site, including, but not limited to, text, graphics, images, and logos, is owned by either Build to Made or The Kind Turtle or the party that has provided the content to us and is protected by U.S. and international copyright laws. Build to Made or The Kind Turtle is the sole and exclusive owner of its compilation of this content on this Site, and this compilation is also protected by U.S. and international copyright laws. Unpermitted copying of any of this content could lead to copyright infringement. Build to Made or The Kind Turtle expects you to respect its copyright rights, as well as the copyright rights of others.
Rights Holders
If you are a trademark or copyright owner and you believe that your trademark rights have been violated in any way, please contact hello@buildtomade.com.
You understand and agree that the Content may be displayed and printed by you solely for your personal, internal, and non-commercial use. You may not use, alter, or exploit the Content other than as specifically provided for in these Terms of Use.
Violations: Termination
You understand that your use of this site is subject to these Terms of Use, any other terms applicable to the various features of our site, and all applicable laws, rules, and regulations. Build to Made or The Kind Turtle may, in its sole discretion and at any time, discontinue Build to Made or The Kind Turtle Site or any part thereof, with or without notice. You agree that you do not have any rights in the Site and that Build to Made or The Kind Turtle will have no liability to you if this Site is discontinued or your ability to access it is terminated.
Links
Through this Site, you may be able to access links to or be directed to other Web sites. Because Build to Made or The Kind Turtle has no control over such sites, you acknowledge and agree that Build to Made or The Kind Turtle is not responsible for, and has no liability with respect to, the availability (or unavailability) of such sites, for the treatment of your personally-identifiable information by such sites, or for the information, products, content, or other materials on or available from such sites or resources. If you would like information on any other site’s privacy policy, you should contact that party directly, and we encourage you to do so.
Claims
You agree to indemnify and hold Build to Made or The Kind Turtle, and its affiliates, harmless and to pay all liabilities, costs, and expenses that Build to Made or The Kind Turtle incurs resulting from your use of the Site, use of the Site by any member or guest of your household, or your violation of any law or the rights of any third party.
Disclaimers
You acknowledge and agree that:
- YOUR USE OF Build to Made or The Kind Turtle SITE IS AT YOUR OWN RISK AND IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. Build to Made or The Kind Turtle EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because this Site is provided to you “AS IS,” you agree that Build to Made or The Kind Turtle shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using this Site. Because this Site is provided to you “AS AVAILABLE,” you agree that Build to Made or The Kind Turtle shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or of your ability to access it.
- Build to Made or The Kind Turtle also disclaims any warranty that (i) this Site will meet your requirements, (ii) this Site’s operation will be uninterrupted, timely, secure, or error-free, (iii) any information or communication that may be obtained from the use of this Site will be accurate or reliable, and (iv) Build to Made or The Kind Turtle disclaims any liability for damages that may arise from your reliance on any such information or communication.
- You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through this Site. Build to Made or The Kind Turtle shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.
Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.
Limitation of Liability
YOU AGREE THAT Build to Made or The Kind Turtle SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF Build to Made or The Kind Turtle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM: (A) YOUR USE OF OR INABILITY TO USE THIS SITE; (B) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (C) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THIS SITE; OR (D) ANY OTHER MATTER RELATING TO THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT Build to Made or The Kind Turtle SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF Build to Made or The Kind Turtle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE.
Some states do not allow the limitation of liability, so this provision may not apply to you.
General
You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. This Site was created and is operated under the laws of the State of Texas. The laws of the State of Texas will control the terms and conditions provided in these Terms of Use, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or enforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to this Site or these Terms of Use more than one (1) year after such claim or cause of action arose.
Use of the web site
You agree to use the Build to Made or The Kind Turtle Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Build to Made or The Kind Turtle Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable materials, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Build to Made or The Kind Turtle Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Build to Made or The Kind Turtle Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Build to Made or The Kind Turtle Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Build to Made or The Kind Turtle Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Build to Made or The Kind Turtle Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Build to Made or The Kind Turtle Web Site, or which, as determined by Build to Made or The Kind Turtle, may harm Build to Made or The Kind Turtle or users of the Build to Made or The Kind Turtle Web Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Build to Made or The Kind Turtle Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Build to Made or The Kind Turtle , are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Build to Made or The Kind Turtle . You understand and acknowledge that you are responsible for whatever content you submit, and you, not Build to Made or The Kind Turtle, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Build to Made or The Kind Turtle Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Build to Made or The Kind Turtle Web Site. You grant to Build to Made or The Kind Turtle the right to use all content you upload or otherwise transmit to the Build to Made or The Kind Turtle Web Site in any manner Build to Made or The Kind Turtle chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Build to Made or The Kind Turtle reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Build to Made or The Kind Turtle Web Site which Build to Made or The Kind Turtle , in its sole discretion, deems inconsistent with the foregoing commitments, including any material Build to Made or The Kind Turtle has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Build to Made or The Kind Turtle Web Site. However, Build to Made or The Kind Turtle can neither review all material before it is posted in the Build to Made or The Kind Turtle Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Build to Made or The Kind Turtle assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Build to Made or The Kind Turtle reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, Build to Made or The Kind Turtle has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Build to Made or The Kind Turtle Web Site and may expose you to civil and/or criminal liability.