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SAVVY TURTLE & SAVVY TURTLE INC.

TERMS & CONDITIONS

Please note that our Terms & Conditions have changed.

Effective April 16, 2025

Welcome to Savvy Turtle! In this Terms and Conditions Agreement (“Agreement”, “Terms of Use”, or “Terms”), “Savvy Turtle”, “we”, or “our” refers to SAVVY TURTLE INC. d/b/a Savvy Turtle, and our affiliated Divisions of SAVVY TURTLE INC. These Terms govern your use of the websites and mobile applications on which they appear, including https://www.savvyturtle.com/, https://www.publishing.onl/, and the Savvy Turtle mobile application (collectively, the “Site”), is subject to the terms of this Policy

PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU CONTINUE. BY ACCESSING THIS WEBSITE OR USING ANY OF ITS FEATURES, YOU AGREE TO THESE TERMS OF USE AND ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE, PLEASE REDIRECT YOUR BROWSER AND EXIT THE WEBSITE. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

Use of this Site is limited to persons eighteen (“18”) years of age and over. The policy of Savvy Turtle, as the operator of this Site, is NOT to knowingly collect any personal information from persons under 18, including “individually identifiable information,” as defined by the Children’s Online Privacy Protection Act (“COPPA”). If you are under the age of 18, you should leave the Site without providing any information about yourself. Any access to or use of this Site by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Site, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site and to be subject to the terms of this Agreement. By using the Site and Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

1. Overview and Scope:

This Agreement sets forth guidelines for the use and viewing of our Site and apply to the purchase of products through the Site. By accessing, you (as a “User”) agree to these Terms of Use. A “User” is defined as any individual browsing the Site. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Savvy Turtle, concerning your access to and use of the Site as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

This Site is owned and operated by Savvy Turtle, and these Terms govern your use of the Site, including:

a. Savvy Turtle Squad Program: Your creation of an account and participation in the Savvy Turtle Squad Program (the “Program”). We refer to any accounts opened for the Program as “Program Accounts,” and we refer to the Site and the Program together as our “Services” in these Terms. We refer to Site Accounts and Program Accounts together in these Terms as “Accounts.” The Program allows eligible participants to earn points for dollars spent at Savvy Turtle or in other ways designated by us (“Points”). By collecting Points, you can earn certain rewards (“Savvy Turtle Bucks”), which may be redeemed towards Savvy Turtle merchandise in-store or online. Savvy Turtle Bucks and Points may vary based on a variety of factors in our sole discretion, including the date or time of purchase, geographic location, and whether we are running a trial or test program to evaluate changes to the Program. To see ways to earn Points, as well as Savvy Turtle Bucks and other benefits offered in connection with the Program, visit https://savvyturtle.com/savvy-turtle-squad/program-benefits/.

b. Messaging Terms and Conditions:These Terms govern your authorization to receive SMS, MMS, and other similar types of communication from Savvy Turtle. You may revoke your consent to receive such communications at any time in accordance with Section 4 of this Agreement.

Please review these Terms before using the Services, including making purchases, creating an Account, using the Site, or participating in the Program. These Terms, which may be modified from time to time, apply to all visitors to, or users of, the Services, including without limitation all participants in the Program. Accessing, browsing or otherwise using the Services indicates your agreement to these Terms, including a binding arbitration agreement and small claims court provision, a class action waiver, and a jury trial waiver that affect your rights. The arbitration agreement requires that any Dispute (defined below) be resolved through individual arbitration or a small claims court proceeding, except as specifically provided below (such as if you elect to participate in a Mass Filing (defined below) and your claim is opted out of arbitration). In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.

The Services are intended for use and participation in the United States and Puerto Rico only and will be governed by U.S. law as set forth below. If you do not agree to these Terms and/or are not located in the United States, do not use the Services.

Modifications and Updates. Savvy Turtle reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. For example, we reserve the right to add, withdraw, or otherwise change the ways in which you can earn Points at our sole discretion. Savvy Turtle will post any changes to these Terms of Use on the Site. All changes are effective immediately when we post them and apply to all access to and use of our Site thereafter. Your continued use of our Site following the posting of revised Terms and Conditions of Use means that you accept and agree to the changes. We encourage you to periodically review this page for the latest information on our Terms of Use, as they are binding on you. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. Savvy Turtle may terminate your right to, and deny you access to, this Site if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever.

Savvy Turtle may, in its sole discretion, and at any time, discontinue the Services or any part thereof (including, without limitation the Program), with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that Savvy Turtle will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services is terminated. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity.

2. Privacy Policy

Savvy Turtle may collect certain User information (“User Information”) in connection with your use of the Site and its features. For example, we may ask you for information, such as your name, phone number, and e-mail address, when you connect with us using our Contact forms on the Site. When you provide information to Savvy Turtle in connection with your access to or use of the Site, you agree to provide only true, accurate, current, and complete information.

In addition to these Terms of Use, the collection and use of your personally identifiable information obtained by us from this Site is subject to our Privacy Policy, which you can access and review here: https://savvyturtle.com/privacy-policy/. For more information regarding the use of your information, please see our Privacy Policy.

3. Limited License: Copyright, Trademark, and Site Mark Information

Unless otherwise indicated, the Services and any materials or contents thereof (including without limitation, all text, photographs, artwork, images, video and audio; all materials provided in connection with or related to the Program; and all software, HTML code, and scripts) (collectively, “Materials”) are the exclusive property of Savvy Turtle, and are protected by copyright, trademark, trade dress and other laws, as well as other U.S. and international laws and treaties. All Materials are provided by Savvy Turtle as a service to its current and prospective customers and visitors to the Services and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Services or any of our Materials without our express prior written permission; and (b) you may not access or use the Services for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Savvy Turtle may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Savvy Turtle.

Savvy Turtle logos are proprietary trademarks and may not be used in connection with any product or material that is not provided by Savvy Turtle, or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Savvy Turtle. All other trademarks displayed on the Site are the trademarks of their respective owners and may only be used with the permission of the owner. The display of the trademarks of third parties on our Site constitutes neither: (i) an endorsement or recommendation of those third parties; nor (ii) an endorsement of Savvy Turtle by those third parties

Special Notice. Savvy Turtle has a no-tolerance policy regarding the use of our trademarks and trade dress in meta tags and/or hidden text. Specifically, the use of our trademarks and trade dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our trademarks and trade dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on the Services is prohibited without our express written permission. Framing, inline linking or other association of the Services or its Materials with links, advertisements and/or other information not originating from the Services is also prohibited. You are also advised that we will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

4. Messaging Terms and Conditions

By signing up for mobile alerts, you acknowledge that you have read, understand, and agree to our Messaging Terms and Conditions and expressly consent to receive SMS and MMS communications from Savvy Turtle. Additionally, you acknowledge that you understand that message and data rates may apply, and your consent is not required to buy goods or services. You may reply HELP for help, and you acknowledge and understand that you may revoke consent at any time by replying STOP, END, CANCEL, UNSUBSCRIBE or QUIT to unsubscribe. If the contact information you provide during signup changes, you should update your profile accordingly.

For example, you may receive promotional and personalized marketing texts and/or transactional texts concerning your order(s) from Savvy Turtle. This may include text messages sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate.

If you sign up for our text messaging program, cookies, pixels or web beacons, and similar technologies may be used to personalize your experience (e.g. send you personalized text messages such as shopping cart reminders).

Cancellation. Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode (000-000 for Savvy Turtle, to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Savvy Turtle and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Savvy Turtle through any other programs you have joined until you separately unsubscribe from those programs.

Frequency. Message frequency will vary. Savvy Turtle reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Savvy Turtle also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Savvy Turtle, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Customer Support. If you are experiencing any problems, please contact us or contact our messaging vendor, Attentive Mobile Inc. (“Attentive”), by visiting https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.

Please see Attentive’s privacy policies, our Privacy Policy, and our Texting Terms and Conditions for more information regarding the processing of your personal information in connection with our Messaging Program.

5. Savvy Turtle Squad Program

The Program is open only to legal residents of the United States who are 18 years of age or older.. A parent or legal guardian must approve of and submit an application on behalf of any minor. Commercial customers and individuals purchasing items for resale are not eligible to participate. Savvy Turtle reserves the right to approve, deny, or revoke membership in the Program for any individual for any reason or no reason. The Program is void where prohibited, and is subject to all applicable federal, state, and local U.S. laws.

Program Period. The Program begins upon launch of the Services and may be terminated in accordance with the Terms set forth herein (“Program Period”).

How to Create a Program Account. Complete one of the following steps during the Program Period to enroll in the Program and create Program Account:

a. In-store: Visit an Savvy Turtle store within Le Marche, Italy, or Amsterdam (the “Program Area”) and provide your phone number and a unique email address.

b. Online: Visit https://savvyturtle.com/savvy-turtle-squad/program-benefits/ and submit all required Member profile information.

Upon successful enrollment and creation of a Program Account, you will receive a Loyalty Member ID. You may also obtain an Savvy Turtle Member Card. Limit one (1) program account per person/email address. By enrolling in the program and creating a program account, you expressly agree to these Terms. By enrolling in the Program, you also expressly agree to receive transactional email communications from Savvy Turtle concerning your Program Account. If you would like to opt out of the Savvy Turtle Squad Rewards Program and cancel your membership, you will lose all of your Rewards, current points and membership status. See Section 4 for more information regarding our terms and conditions for SMS communications.

Only the individual named as the primary account holder for the Program Account will accrue Points and will be entitled to access Program Account information. Points may not be combined from different Program Accounts for any purpose. Anyone found attempting to use multiple/different identities, email addresses, IP addresses, account details, registrations, or logins, or otherwise attempting to obtain more than one (1) Program Account per person/email address/IP address may be ineligible for the Program; his/her Program Account(s) may be cancelled; and all corresponding Points may be void, in Savvy Turtle’s sole and reasonable discretion. In the event of a dispute over ownership of a Program Account, the Program Account will belong to the authorized account holder of the email address submitted at the time of enrollment. For purposes of the Program, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization that is responsible for assigning email addresses for the associated domain.

As part of creating a Program Account, you will be required to create a complex password. Password requirements and tips for creating a secure password will be provided to you at the time you create your Program Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Program Account and your computer in accordance with our Privacy Policy; you may not email, post, or otherwise disseminate any username or password that provides you with access to the Program or our other Services. You are responsible for all activities that occur under your Program Account. Online account takeovers are a growing problem, as malicious actors are using usernames and passwords stolen from other companies and testing them on other websites. We recommend that you use a username and password combination that is unique for this Program and these Services, and is not used elsewhere. You agree to notify us immediately of any breach of security or unauthorized use of your password or Program Account. You further agree that you will not impersonate a third party in your communications with us, and that you will only submit information about yourself. You must maintain accurate and updated personal information as part of your Program Account profile. You can update your Program Account profile by logging into your Program Account on our Site. Savvy Turtle is not responsible for any change of email address, phone number, or any other contact information of participants. All decisions made by Savvy Turtle concerning Program Accounts are final and conclusive.

How to Earn Points. Once you have enrolled and created a Program Account, you can begin earning Points through various predetermined methods, activities, and tasks as outlined at https://savvyturtle.com/savvy-turtle-squad/, the terms of which are incorporated into these Terms by reference. For example:

a. Earn Points In-store: Visit an Savvy Turtle store or within the Program Area, and provide your Program Account information when making a purchase of regular priced merchandise, sale priced merchandise or a (“Qualifying Purchase”) to earn Points. You may be required to provide your Loyalty Member ID, Member Card, email address, phone number to earn Points or receive additional information about your Program Account.

b. Earn Points Online: Visit our Site, log into your Program Account, and make a Qualifying Purchase online to earn Points.

c. Qualifying Purchase Restrictions: Points may be earned on Qualifying Purchase amounts per dollar spent as described in more detail at https://savvyturtle.com/savvy-turtle-squad/program-benefits/ Qualifying Purchases in-store and online may be made with merchandise credits issued in the form of a certificate or a gift certificate. Points are not earned on the amount of any purchase covered by an Savvy Turtle Bucks Certificate or a Program Coupon (each as defined below), purchases of gift boxes and gift wrapping services, donations, redemption of gift cards, sales tax, state fees, shipping charges, delivery charges, or other excluded charges as specified by Savvy Turtle from time to time. If you do not provide your Program Account information when completing your Qualifying Purchase, you may request that a corresponding number of Points be credited to your Program Account within thirty (30) days. You must have a Qualifying Purchase receipt and be able to provide the transaction number located at the bottom of your receipt to receive Points.

d. Savvy Turtle Ambassadors: Information on how Savvy Turtle Ambassadors can earn points can be found at https://savvyturtle.com/savvy-turtle-ambassadors/.

For a current list of other ways in which you can earn Points, including any additional terms applicable to particular Point-earning methods, visit https://savvyturtle.com/savvy-turtle-squad/. Log into your Program Account to view information about your Points earned as part of the Program, as well as other information specific to you. Savvy Turtle will attempt to credit your Program Account with Points on a timely basis. Points will not be awarded for purchases that are not Qualifying Purchases, where Points have already been awarded, or where merchandise is returned. However, you are responsible for ensuring that your Points are properly credited. IF YOU RETURN MERCHANDISE, THE POINTS EARNED FROM THAT QUALIFYING PURCHASE WILL BE DEDUCTED FROM YOUR CURRENT POINT TOTAL, EVEN IF THIS CAUSES YOUR PROGRAM ACCOUNT TO HAVE A NEGATIVE POINT BALANCE. Savvy Turtle will not adjust the number of Points in your Program Account after thirty (30) days from: (i) the date (as stated on the receipt) of a Qualifying Purchase made in store; (ii) the date of shipment for a Qualifying Purchase made online; or (iii) the date of any other engagement with Savvy Turtle. Savvy Turtle assumes no liability for discrepancies, omissions, inconsistencies, or errors in the amount of Points accrued to a Program Account as reported via the Services. Savvy Turtle reserves the right to make corrections and/or invalidate Points from a Program Account if we determine that Points were improperly credited to your Program Account or were obtained fraudulently. Purchases that are not a whole dollar amount will be rounded up to the nearest whole dollar to determine the amount of Points earned. Without limiting any other remedies, Savvy Turtle may suspend or terminate any Program Account and invalidate any associated Points/Savvy Turtle Bucks if Savvy Turtle suspects in its sole discretion that you or any other person has engaged in fraudulent activity in connection with your Program Account and/or this Program, including without limitation in the event Points were improperly credited to a Program Account or obtained fraudulently.

Points do not constitute property, do not entitle you to a vested right or interest, and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason. Points will expire twelve (12) months from the date on which they are earned. For example, if you earned a Point on October 1st of this year, that Point will expire and be deducted from your Program Account on October 1 of next year, unless used towards Savvy Turtle Bucks before that date. Any unused Points remaining in a Program Account after the end of the Program Period shall also be void.

How to Redeem Points. Once you have earned Points, you may be able to redeem Points for Savvy Turtle Bucks and benefits. For example, you may be able to redeem Points for an Savvy Turtle Bucks certificate (“Savvy Turtle Bucks Certificate”) or program coupon (“Program Coupon”) once you reach a specified Point threshold. Points are tallied approximately every thirty (30) days to determine whether you have reached a Point threshold. Notification of new Savvy Turtle Bucks will be sent via email. Visit https://savvyturtle.com/savvy-turtle-squad/ for more information.

Savvy Turtle Bucks Restrictions. Once Savvy Turtle Bucks is issued, it may only be redeemed at an Savvy Turtle store within the Program Area (you will be required to provide your Program Account information) or on the site (if you log into your Program Account) prior to checkout. Savvy Turtle Bucks may be redeemed with other Savvy Turtle coupons, certificates or offers. Cannot be used on clearance items. Once issued, the points used to obtain the Savvy Turtle Bucks will be deducted from your Program Account, but these points will continue to be counted towards earning Turtle Legion Status. For details on Turtle Legion Status, visit https://savvyturtle.com/turtle-legion/. Savvy Turtle Bucks rewards have no cash value and are not redeemable for cash. Each Savvy Turtle Bucks reward may only be used once. No change or monetary currency will be given for Savvy Turtle Bucks redemption. If the price of your purchase is greater than the amount of the Savvy Turtle Bucks, you will need to pay for the remaining cost of the product. If the price of your purchase is less than the amount of the Savvy Turtle Bucks, the unused portion of the Savvy Turtle Bucks will be forfeited.

General Program Restrictions and Limitations. We will not return or reissue Savvy Turtle Bucks Certificates, Program Coupons, or Points used if you return the products purchased. Savvy Turtle Bucks Certificates, Program Coupons, and Points may only be used once and have no cash value. If you use an Savvy Turtle Bucks Certificate or Program Coupon to purchase an item through the site or  at an Savvy Turtle location), and the item is not found and shipped to you, you will lose the value of the Savvy Turtle Bucks Certificate or Program Coupon, and Points will not be re-credited to your Program Account to compensate you for the loss of the Savvy Turtle Bucks Certificate or Program Coupon. Unless otherwise stated on the Savvy Turtle Bucks Certificate or Program Coupon, each Savvy Turtle Bucks Certificate or Program Coupon will expire at 11:59:59 p.m. Central Time on the date reflected on the Savvy Turtle Bucks Certificate or Program Coupon; however, Savvy Turtle Bucks Certificates or Program Coupons earned as a result of meeting Point thresholds will not expire, less than sixty (60) days from the date of issuance, rather than the date the Savvy Turtle Bucks Certificate or Program Coupon was received by you. Redemption periods for Savvy Turtle Bucks Certificates or Program Coupons issued as a result of bonus or Featured Bonus activities provided by Savvy Turtle (e.g., non-earned activities such as updating profile, signing up for SMS program, Savvy Turtle quizzes) may be subject to shorter redemption periods and such redemption periods shall be reflected on the Savvy Turtle Bucks Certificate or Program Coupon. No photocopies or facsimiles of Savvy Turtle Bucks Certificates or Program Coupons will be accepted. Lost, stolen, or expired Savvy Turtle Bucks Certificates or Program Coupons will not be replaced. Any gift cards, coupons, and vouchers issued as Savvy Turtle Bucks are subject to the terms and conditions set by the issuer and/or set forth thereon. Savvy Turtle Bucks (including without limitation Savvy Turtle Bucks Certificates and Program Coupons) are not redeemable for cash, transferable or assignable for any reason, including to a participant’s estate or to any successors or assigns. All costs and expenses associated with the acceptance and use of Points and/or any Savvy Turtle Bucks not included in the Savvy Turtle Bucks description as being provided (including, but not limited to, all federal, state, and local taxes) will be the sole responsibility of the Savvy Turtle Bucks recipients. Any approximate retail value (“ARV”) of any Savvy Turtle Bucks is based on available information provided to Savvy Turtle and the value of any Savvy Turtle Bucks awarded to a recipient may be required to be reported for tax purposes where required by law. Savvy Turtle, its parent and subsidiaries and affiliated entities, and each of their respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose with respect to the Program, participation in the Program, or any Points or Savvy Turtle Bucks related to the Program.

The sale, barter, transfer or assignment of any accumulated Points or Savvy Turtle Bucks (including on Internet auction sites), other than by Savvy Turtle is strictly prohibited. Points and Savvy Turtle Bucks may not be given away. Points are null and void and Savvy Turtle Bucks requests will be rejected if Points are not obtained through authorized, legitimate channels. Any Points or Savvy Turtle Bucks which Savvy Turtle deems in its sole discretion to have been transferred, sold, bartered or assigned in violation of these Terms may be confiscated and/or cancelled.

Points, and Savvy Turtle Bucks will be void if they fail to pass anti-fraud detection measures, if they are found to be unauthorized, illegitimately obtained, or if they contain an unauthorized message, code or other marking not issued by Savvy Turtle for use in this Program, or if they are defective, produced in error, illegible, or unreadable. Points and Savvy Turtle Bucks are null and void and will be rejected/removed from the participant’s Program Account if not obtained through authorized, legitimate channels. No Savvy Turtle Bucks will be valid if such Savvy Turtle Bucks is associated with any user, actions, and/or Points deemed void for any reason, including without limitation, if Points/Savvy Turtle Bucks are: (a) not verified or recognized as being validly issued by Savvy Turtle in the Program; (b) determined to have been previously entered and used; (c) incorrectly or incompletely entered or submitted; (d) obtained in a manner deemed by Savvy Turtle to be fraudulent or otherwise invalid; or (e) otherwise void. Each participant acknowledges and agrees that the decisions of Savvy Turtle as to Points and Savvy Turtle Bucks, Program Account balances, and Point transactions shall be final, binding and conclusive in all matters relating to the Program, including without limitation determinations regarding the validity of receipt of Points, Savvy Turtle Bucks, and other materials submitted for verification (if any).

Conduct of Participants. Savvy Turtle reserves the right at its sole discretion to disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Program Account registered by such person (and void any associated Points/Savvy Turtle Bucks if Savvy Turtle deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms; (b) damaging, tampering with or corrupting the operation of the Program; (c) acting with intent to annoy, harass or abuse any other person; (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Services; or (e) repeated attempts to participate, open Program Accounts, and/or enter/receive repetitive, void, additional, or otherwise invalid or fraudulent Points/Savvy Turtle Bucks in one or more Program Accounts, as determined by Savvy Turtle; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity such as creating multiple membership accounts, making excessive returns or otherwise manipulating the Program; or (g) activity deemed in the sole discretion of Savvy Turtle to be generally inconsistent with the intended operation of the Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SAVVY TURTLE RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.

Program Modification/Termination. Savvy Turtle reserves the right to modify or terminate the Program at any time and in any manner, in whole or in part, as outlined in these Terms, even though such changes may prospectively affect the Program or the availability of Savvy Turtle Bucks. Savvy Turtle reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transactions therefrom or to make Points selectively available to certain participants based upon factors, including geographic location, in its sole discretion. Additionally, participation in the Program is offered at the discretion of Savvy Turtle and it reserves the right to modify these Terms, Point availability, benefits, conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Program, prospectively, in whole or part, at any time. If for any reason Savvy Turtle determines in its sole discretion that the Program or any aspect of the Program is no longer capable of running as planned or intended for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Program), Savvy Turtle, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Program in whole or in part, including without limitation, any means of earning Points, at any time. In the event Savvy Turtle so cancels or terminates the Program, all unredeemed Points outstanding at the time of such cancellation or termination shall be void. You may cancel your participation in the Program and close your Program Account by requesting your account be deleted in your my account dashboard. If you cancel your participation in your Program, you will no longer earn Points, your Program Account will be deactivated, and all remaining and unused Points and Savvy Turtle Bucks will be forfeited.

6. Reselling Activities

Savvy Turtle reserves the right, for any reason and without prior notice, to limit quantities of items on orders placed by the same individual or account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. Savvy Turtle further reserves the right to refuse or limit any orders or returns, including any orders or returns that, in Savvy Turtle’s sole judgment, appear to be placed by resellers or appear to be for the purposes of reselling and related activities. Resellers are defined as a company or an individual that purchases items with the intention of selling them rather than using them.

7. User Submissions and User Generated Content

The Services may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images (“User Submissions”, “User Generated Content”, or “UGC”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Savvy Turtle does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Services. Savvy Turtle reserves the right to waive any requirements with respect to User Submissions set forth herein in its reasonable discretion.

By submitting User Submissions, you hereby grant to Savvy Turtle an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. This license includes the right to host, index, cache, distribute, and tag any User Submissions, as well as the right to sublicense User Submissions to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, or software programs. Under the license granted herein, Savvy Turtle shall be free to use or disclose any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. You acknowledge that, by acceptance of a User Submission, Savvy Turtle does not waive any rights to use similar or related ideas previously known to Savvy Turtle, or developed by its employees, or obtained from sources other than you. Savvy Turtle does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. User submissions posted to the services are not edited by Savvy Turtle and are the views/opinions of the individual user. User submissions do not reflect the views of Savvy Turtle in any manner. Savvy Turtle reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms, including without limitation, the Prohibited Uses (as defined below) of Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.

In connection with User Submissions, you affirm, represent, and warrant to Savvy Turtle that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Savvy Turtle as set forth in the license granted above; (iii) use of your User Submission(s) on the Services or otherwise by Savvy Turtle, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Savvy Turtle to utilize the User Submission(s) without compensation or objection. For clarity, Savvy Turtle obtains the license above, but does not claim ownership of your User Submissions.

8. Prohibited Uses of the Services

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Savvy Turtle, restricts, impairs, interferes or inhibits any other user from using or enjoying the Services and/or our related services and products (“Prohibited Uses”). Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111).

You shall not circumvent, disable or otherwise interfere with security-related features of the Services, including, without limitation, any features that enforce limitations on the use of promo codes, the Services or Materials. You shall not circumvent, disable or otherwise interfere with security-related features of the Services that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Services or impair, overburden, or disable the same.

You understand and agree that you have no ownership rights to any Account you may have with us, or other access to the Services or features therein. Savvy Turtle may cancel your Account(s) and delete all User Submissions associated with your Account(s) at any time, and without notice, including without limitation if Savvy Turtle deems that you have violated these Terms, the law, or for any other reason. Savvy Turtle assumes no liability for any information removed from our Services, and reserves the right to permanently restrict access to the Services or an Account. You agree that Savvy Turtle shall not be liable to you or any third party for any termination or suspension of your Account(s) or for blocking your access to the Services.

9. Notification of Claimed Copyright Infringement

Savvy Turtle does not permit copyright infringing activities on the Services, and Savvy Turtle may remove any User Submissions or Materials if properly informed that any such User Submissions or Materials infringe on another’s copyright. Savvy Turtle will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

a. A description of the copyrighted work that you claim has been infringed;

b. Identification of the URL or other specific location on the Site where the material you claim is infringing is located;

c. Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;

d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

e. An affidavit submitted by you, sworn to, and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

Pursuant to Section 512 of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, Express designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

SAVVY TURTLE INC. d/b/a SAVVY TURTLE and its Divisions.

2623 Utah St. #B

Jackson, MS 39213

Attention: Legal Department

By Email: legal@savvyturtle.com

10. Products and Orders

All features, specifications, products and prices of products and services described on the Services are subject to change at any time without notice. From time to time there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Services. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Services or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Services; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Services does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time. Any products and/or services described on the services are offered in jurisdictions where they may be legally offered for sale. The information on the services is not an offer or solicitation by anyone in anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

For information regarding our Returns Policy, please visit:
https://savvyturtle.com/returns-exchanges/.

11. Payment Card Data Security

You are responsible for providing valid and current payment information. You agree to promptly update your account information, including payment information, with any changes that may occur. We follow the Payment Card Industry Data Security Standard (PCI-DSS) when handling credit card data. Savvy Turtle currently accepts VISA, MasterCard, Discover, and American Express as authorized payment methods on the Site. All payment transactions are processed by our third-party payment processor in adherence to PCI-DSS, and other applicable standards. For more information regarding such collection and use, please review our Privacy Policy. Savvy Turtle at its sole election may discontinue support for any payment method or it may support additional payment methods (i.e., Apple Pay, Google Wallet, or Amazon Payments) and we will update these Terms accordingly.

12. State and Local Sales Taxes

In accordance with applicable state and local laws, sales tax will be applied to your savvyturtle.com order in accordance with state and local laws. Savvy Turtle does not retain the sales tax collected from its customers and we remit all taxes collected directly to the appropriate taxing jurisdiction. The tax rate is determined by several factors including but not limited to the items purchased, the ship-to destination and the ship-from location. The tax amount that appears in your online shopping cart/order confirmation is estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped so the tax amount may change between the time your order is placed and when it ships. This could result in a sales tax charge that differs from the original estimated tax at order. The terms contained herein are subject to change as the taxation of online transactions is continually evolving. Savvy Turtle strives to comply with state and local tax laws as they exist currently and continues to monitor and update its taxation policies as those laws change.

13. Use of Accounts and Credit Cards

Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all. If you create any Account on the Site or otherwise submit information to us, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid email address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and Account(s). Additionally, you are entirely responsible for any and all activities that occur under your Account(s). You agree to notify Savvy Turtle immediately of any unauthorized use of any of your Accounts. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Savvy Turtle is not liable for any loss that you may incur as a result of someone else using your password or Account(s), either with or without your knowledge, and is not responsible for any delay in shutting down your Account(s) after you have reported a breach of security to us.

If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You understand and agree that you are charged at the time you place your order for products or services. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. You agree to pay all charges incurred by you, on your behalf, or by your Account(s) through the Services, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.

Please see our Privacy Policy for more information regarding processing of your payment information.

14. Linking

Periodically, links may be established from this Services to one or more external sites, services, platforms, or resources operated by unrelated third parties (the “Third Party Services”). These links are provided for your convenience only. In addition, certain Third Party Services also may provide links to the Services. These links should not necessarily be deemed to imply that Savvy Turtle endorses the Third Party Services or any content therein.

Savvy Turtle does not control and is not responsible or liable for any Third Party Services or any content, advertising, products, or other materials on or available from such Third Party Services. Access to any Third Party Services is at your own risk and Savvy Turtle will have no liability arising out of or related to such Third Party Services and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Services.

15. Users of Mobile App Services

The use of the mobile app version of the Services requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Services, including without limitation, administrative messages, service announcements, diagnostic data reports, and Service updates, from Savvy Turtle, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Services, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Services.

Savvy Turtle may, at its discretion, automatically download Service updates to your device from time to time. You agree to accept these Service updates, and to pay for any costs associated with receiving them. The Services may not work with all devices or all mobile carriers. Savvy Turtle makes no representations that the Services will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Services, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some Services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such Services.

If you download and use our mobile app Services for the iPhone or iPad: You, the end-user of this Service, acknowledge that these Terms are entered into by and between Savvy Turtle and its subsidiaries and affiliates, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the Services and/or the Materials. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Services. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein. These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Services are considered the “Licensed Application” as defined in the LAEULA and Savvy Turtle is considered the “Application Provider” as defined in the LAEULA. If any of the Terms herein conflict with the terms of the LAEULA, these Terms shall control. In the event of any failure of the Services to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Services (including, without limitation, a third party claim that the Services infringe that third party’s intellectual property rights) or your use or possession of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

16. Term and Termination

THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE WITHOUT WARNING, IN OUR SOLE DISCRETION.

17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SERVICES, OR ANY INFORMATION OR SOFTWARE THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

18. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SAVVY TURTLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING WITHOUT LIMITATION THE SITE OR THE PROGRAM), NOR SHALL SAVVY TURTLE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SAVVY TURTLE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES’ RECORDS, SITES, OR PROGRAMS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SAVVY TURTLE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF SAVVY TURTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SAVVY TURTLE’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SAVVY TURTLE AGREE THAT NOTICE OF ANY CLAIM MUST BE PROVIDED TO THE OTHER PARTY WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS OTHERWISE WAIVED AND TIME BARRED.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Savvy Turtle and its affiliates and their respective directors, members, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, including but not limited to, the violation of this Agreement, or infringement of any intellectual property rights.

20. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER; AND JURY TRIAL WAIVER

a. Arbitration Agreement:

Binding Individual Arbitration. Any dispute or claim arising out of or relating to these Terms, your use of the Services, products or services offered, sold, or distributed by us, your relationship with Savvy Turtle or any past, present, or future subsidiary, parent, brand, agent, representative, employee, officer, director or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration, except (a) either you or Savvy Turtle may initiate in or take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction and (b) as otherwise expressly provided herein. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and our relationship with you. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution Section; and (c) issues that relate to the arbitrability of any Dispute. A court of competent jurisdiction shall have the limited authority to decide if a Dispute is time-barred under contractual or statutory limitations periods or that the filing of a demand for arbitration has been authorized by the claimant. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and Savvy Turtle agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

Mandatory Informal Dispute Resolution Process. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction(s) and account(s) at issue (including receipts and product and purchase details if applicable to the Dispute); (b) the party initiating arbitration’s contact information (including name, address, telephone number, and email address) (with their counsel’s contact information, if represented); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a detailed calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to us at Savvy Turtle Inc., Attn.: Legal Department, 2623 Utah St. #B, Jackson, Mississippi 39213 or via email to legal@savvyturtle.com. If we have a Dispute with you, we will send this notice to the most recent contact information we have on file for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we (and counsel, if you and we are represented) agree to negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request an individualized telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and an Savvy Turtle representative will personally attend (with counsel, if you and we are represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Compliance with this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration only if the Dispute is not resolved through compliance with this Process.

Arbitration Procedures. The arbitration shall be administered by National Arbitration and Mediation (“NAM”) and heard by a single, neutral arbitrator. Except as modified by these Terms, NAM shall administer the arbitration in accordance with their rules applicable to the nature of the Dispute, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”). The NAM Rules and fee information are available at www.namadr.com or by contacting NAM. If NAM is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternate administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an alternate administrator that will do so. You and Savvy Turtle agree that it is a material breach of these Terms to seek to initiate the arbitration with any administrator other than NAM (or an alternative administrator agreed to by the parties or appointed by the court if NAM is unable or unwilling to administer the arbitration consistent with these Terms as referenced above). The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the NAM Rules and this arbitration agreement. You may obtain a form to initiate arbitration at www.namadr.com or by contacting NAM. If you are initiating arbitration, you shall serve the demand for arbitration on Savvy Turtle via mail to Savvy Turtle Inc. Attn.: Legal Department, 2623 Utah St. #B, Jackson, Mississippi 39213 or via email to legal@savvyturtle.com. If Savvy Turtle is initiating arbitration, we shall serve the demand for arbitration on you at the most recent contact information we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (a) the Process referenced above and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or solely through written submissions, except the respondent in any arbitration where the claimant is seeking $10,000 or more or injunctive relief shall have the right to elect an in-person, video, or phone hearing. You and we reserve the right to request a hearing in any matter from the arbitrator. You and an Savvy Turtle representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually reasonably convenient location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. If this prohibition on class arbitration (set forth in the bold text above), which is an essential part of this arbitration agreement, is found to be unenforceable as to your Dispute, then the entirety of this arbitration agreement shall be null and void, and neither Savvy Turtle nor you shall be entitled to arbitrate the Dispute and it shall instead proceed in a court of competent jurisdiction consistent with the remainder of these Terms.

The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except an award that has been satisfied may not be entered in any court. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

Arbitration Costs. Payment of arbitration fees will be governed by the NAM Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains economical and cost-effective for all parties.

Additional Procedures for Mass Arbitration. You and we agree that these Additional Procedures for Mass Arbitration shall also apply if you (or your counsel, if represented) choose to bring your claim as part of a Mass Filing (defined below). If 25 or more similar Disputes (including yours) are asserted against Savvy Turtle by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), you understand and agree that these Additional Procedures for Mass Arbitration will apply and that they are designed to (a) efficiently lead to the streamlined resolution of claims; (b) ensure that large volume filings do not impose unnecessary burdens or impediments to the resolution and cost-effective adjudication of similar claims; and (c) preserve the integrity of the arbitration process. You also understand and agree that by choosing to bring your Dispute as part of a Mass Filing that the resolution of your Dispute might be delayed and ultimately proceed in court and not in arbitration. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and NAM’s resources. If you choose to bring your Dispute as part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to NAM until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to these procedures. If at least 200 Disputes are submitted as part of the Mass Filing, counsel for the claimants and counsel for Savvy Turtle shall each select 100 Disputes to proceed as cases in individual arbitrations as part of this process (either or both parties may choose to have their selections made randomly). The number of Disputes to be selected to proceed may be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually). Each of the 200 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of this process. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After these 200 (or fewer) individual arbitrations are adjudicated through award, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes and Savvy Turtle shall pay the mediator’s fee. Upon the completion of this mediation (and assuming counsel for the parties do not jointly agree to continue engagement through further mediation or otherwise), each remaining Dispute (if any) that is part of the Mass Filing and this global mediation session that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in this paragraph (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration provision, including the power to enjoin the filing or prosecution of arbitrations. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are unenforceable, then you understand and agree that your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change to this arbitration agreement by sending your personally signed, written notice to the following address to be received within 30 days of the change: via mail to Savvy Turtle Inc. Attn.: Legal Department, 2623 Utah St. #B, Jackson, Mississippi 39213 or via email to legal@savvyturtle.com. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between you and Savvy Turtle in accordance with this version of the arbitration agreement.

b. Class Action Waiver:

You and we each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

c. Jury Trial Waiver:

To the fullest extent permitted by applicable law, you and Savvy Turtle waive the right to a jury trial.

21. Compliance with Laws and International Use

You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

Savvy Turtle reserves the right to use any information available by virtue of your use of the Site (including, for example, reverse IP address inquiry) in order to comply with any law, to enforce our Terms of Use or Privacy Policy, or to protect the rights, property or safety of all Users. We reserve the right without obligation to review the content of the Site, and other information posted to the Site to determine compliance with our Agreement and operating rules established by us or our affiliates, and to satisfy any law, regulation or authorized government request.

Furthermore, we make no representation that digital content on the Site is appropriate or available for use in locations outside the United States. We prohibit accessing the Site’s digital content from territories where such digital content is illegal. Those who choose to access the Site from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

22. Governing Law and Venue

These Terms (including the construction, validity, interpretation, and enforceability of these Terms) and use of the Services are governed by the laws of the state of Mississippi, United States of America, without regard to Mississippi’s conflict of laws rules.

If the arbitration agreement is ever deemed unenforceable or void as to your Dispute, or a Dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal, state, and local courts that encompass Hinds County, Mississippi for purposes of any legal action arising out of or related to the a Dispute or these Terms, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

23. Severability and Survival

Except as otherwise provided herein, if any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

In addition to such other provisions hereof which, by their terms, survive any termination or expiration of these Terms, the following sections shall survive termination of these Terms: (a) Indemnification; (b) Disclaimer; (c) Limitation of Liability; (d) Dispute Resolution (including Arbitration Agreement and Small Claims; Class Action Waiver; Jury Trial Waiver); and (e) Governing Law and Venue.

24. Revisions

Savvy Turtle may terminate, change, suspend or discontinue any aspect of these Services, including the availability of any features of the Services, at any time and without notice. Savvy Turtle also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time. Savvy Turtle may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Services after any changes to these Terms are posted will be considered acceptance of those changes.

25. Entire Agreement

These Terms of Use, in conjunction with our Privacy Policy and any other Savvy Turtle policies posted on the Site, constitute the entire agreement and understanding between us, superseding any prior agreements and understandings, and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

26. Assignment

You agree that these Terms of Use may be assigned by Savvy Turtle, in our sole discretion, to a third party in the event of a merger or acquisition or change of control. The section titles and headings in these Terms of Use are for convenience only and have no legal or contractual effect. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you or any of your obligations under these Terms. These Terms do not, and are not intended, to confer any rights or remedies upon any person other than you.

27. No Relationship

No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

28. Miscellaneous

You agree that these Terms are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. All rights not expressly granted herein are reserved. Both you and Savvy Turtle acknowledge and agree that no partnership is formed and neither of you nor Savvy Turtle has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and Savvy Turtle, and are accepted by you upon your use of the Service. All Cardholder benefits and promotions are subject to the terms and conditions in the offer. By using the Services you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Any rights not expressly granted herein are reserved by and for us.

YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Savvy Turtle will use commercially reasonable efforts to promptly respond and resolve any problem or question.

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