23.1 Electronic Communications You agree to receive communications from Turtles Egg electronically, such as emails, texts, mobile push notices, and notices and messages on the Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Turtles Egg provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."
23.2 Assignment You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or your Services account in any way (by operation of law or otherwise) without Turtles Egg's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
23.3 Force Majeure Turtles Egg shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, seasonal delays, courier service delays or materials.
23.4 Choice of Law These Terms and any dispute of any sort that might arise between you and Turtles Egg will be interpreted in accordance with and governed by the law of the State of Florida and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.
23.5 Exclusive Venue Any claim or dispute that between you and Turtles Egg that arises out of or is related to the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Collier County, Florida, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the state and federal courts of Collier County, Florida.
23.6 Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
23.7 Notice Where Turtles Egg requires that you provide an email address, you are responsible for providing Turtles Egg with your most current email address. In the event that the last e-mail address you provided to Turtles Egg is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Turtles Egg's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Turtles Egg at the following address: Turtles Egg Inc., 4280 Mourning Dove Drive, Naples, FL 34119, USA Attn.: Legal Department. Such notice shall be deemed given when received by Turtles Egg by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
23.8 Export Control You may not use, export, import, or transfer the Services, including any Products purchased on the Services, except as authorized by U.S. law, the laws of the jurisdiction in which you used the Services or purchased Products on the Services, and any other applicable laws. In particular, but without limitation, the Services, including any products purchased on the Services, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services or purchasing Products on the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services nor the Products purchased on the Services for any purpose prohibited by U.S. law.
23.9 Consumer Complaints In accordance with each US States Consumer Protection policies, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Florida Department of Consumer Affairs by contacting them in writing at the Office of Attorney General, State of Florida, The Capitol PL-01, Tallahassee, FL 32399-1050, Tel number 850-414-3990.
23.10 Entire Agreement These Terms and all policies posted through our Services set forth the entire understanding and agreement between you and Turtles Egg, and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
23.11 Waiver Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
23.12 Language of the Terms If we provide a translated version of these Terms, Privacy Policy, Copyright Dispute Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies.
23.13 Miscellaneous You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Turtles Egg may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Subject to Section 24 (Arbitration), if any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Turtles Egg, and you do not have any authority of any kind to bind Turtles Egg in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Applications, you and Turtles Egg agree there are no third-party beneficiaries intended under these Terms.