- Acceptance of Terms
By creating an account or accessing or using the Site, You acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE. We may modify this agreement from time to time. Any amended terms automatically take effect 10 days after they are initially posted on this site. You agree that notice on the Site of modifications is adequate notice. Your use of the Site following the effective date of any modifications to this agreement will constitute your acceptance of the Agreement, as modified.
- Registration and Eligibility
- Limited License
The Company grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Site for Your own individual use subject to the other terms of this Agreement.
- Your Use of the Site
As a condition of using the Site, You agree not to use the Site for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site and You shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:
- You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Site
- You may not modify, reverse engineer, decompile or disassemble the Site.
- You may not copy, adapt, alter, modify, translate, or create derivative works of the Site without written authorization of the Company.
- You may not circumvent or disable any technological features or measures in the Site for protection of intellectual property rights.
- You may not use the Site in an attempt to, or in conjunction with, any device, program, or Site designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
- You shall not use your Account to engage in any illegal conduct;
- You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Site by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
Any forbidden use shall immediately terminate Your license to the Site.
- Customer Comments and Feedback
We welcome feedback on Your Turbo Pots™ purchase and any comments about our Site in various formats, including but not limited to written comments, photos, and videos that you may choose to send to us (“Customer Content”).
You hereby grant Company a perpetual, irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your Customer Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any Customer Content.
- Turbo Pot Experience Referral Program
Upon making any Turbo Pots™ product purchase on the Site, you will be eligible to receive benefits for recommending our products to friends and family. You can earn credits toward future Turbo Pot purchases when a referred friend makes a Turbo Pot purchase by (i) using a referral link to access the Site and make the purchase, (ii) entering in a referral code they receive from you; or (iii) entering in your email address in the referral field. The credit amount you receive for referrals will be determined as a percentage of the amount your friends and family spend on their purchases of Turbo Pots™. The rate of commission or credit you earn is currently 10%, but is subject to change, so please check back here from time to time as we may update these terms.
Credits will be awarded 30 days after a qualifying purchase, provided that the purchaser has not returned the purchased goods. The credits will be redeemable for purchases on the Site or for cash at certain percentage of the credit value in the last month of the year.
Referrals are only for personal and non-commercial purposes, and referral codes and links should only be shared with your personal connections, through means such as direct email or through your social media accounts. Referral links should not be published or shared with people who are not personal connections (such as on coupon websites, or paid marketing sites).
- Account Security
You are solely responsible for activity that occurs on your account and it is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that You may incur as a result of someone else using Your username or password. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
We reserve the right to view, monitor, and record activity when you use the Site without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Site. .
- Changes to the Site
From time to time and without prior notice to you, we may change, expand and improve the Site. We may also, at any time, cease to continue operating part or all of the Site or selectively disable certain aspects of the Site or portions of the Site. Any modification or elimination of the Site will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site does not entitle you to the continued provision or availability of the Site.
You hereby agree to indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
- Site Warranty Disclaimer
THE SITE AND ALL INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SITE AND SITE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL ENERON INC., ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
The Company may terminate Your license to use the Site with or without cause at any time, with or without notice should You breach this Agreement or fail to comply with any term of this Agreement, Your right to use the Site shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Site. All provisions of this Agreement, which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN FRANCISCO COUNTY, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. Any cause of action you may have with respect to your use of the Site and Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
- No Class Actions
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.
BY USING THE SITE OR ACCESSING THE SITE OR SITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.