These Terms of Service ("Terms") govern your access to and use of turtlemounds.com (the "Site") and the purchase of products from Turtle Mounds ("we," "us," or "our"). By using the Site or placing an order, you agree to these Terms. If you do not agree, please do not use the Site.
1.Eligibility
You must be at least 18 years old and legally able to enter into a binding contract to place an order. If you are purchasing on behalf of a minor, you represent that you are the parent or legal guardian and that you accept these Terms on their behalf.
2.Products and Orders
We sell youth pitching mounds and related equipment. All product descriptions, images, specifications, and pricing are provided in good faith and may be updated at any time. We reserve the right to correct errors, refuse or cancel orders, and modify or discontinue products.
When you place an order, you are making an offer to buy. We confirm your order by sending a confirmation email. Your order is not considered accepted until we ship the product (or, for local pickup, until we mark it ready for pickup).
3.Pricing and Payment
All prices are in U.S. dollars and do not include applicable taxes unless otherwise stated. Payment is due at the time of purchase and is processed securely through Stripe. By submitting payment, you authorize us to charge the payment method you provided for the full amount of the order, including any applicable taxes and shipping.
We reserve the right to change prices at any time, but price changes will not affect orders already confirmed.
4.Shipping, Pickup, and Delivery
We offer free local pickup and paid shipping. Orders typically ship within 1–2 business days of payment confirmation. Delivery times depend on the carrier and destination and are estimates, not guarantees.
Title and risk of loss pass to you upon delivery to the carrier for shipped orders, or upon pickup for local pickup orders. If a package arrives damaged, notify us promptly so we can work with the carrier and resolve it.
5.Returns and Refunds
Damaged or defective on arrival. If something arrives damaged or defective, email us at hello@turtlemounds.com within 5 days of delivery. Include photos and your order number and we'll work with you to make it right — typically by sending a replacement or issuing a refund.
Change of mind. Returns for reasons other than damage or defect are accepted within 5 days of delivery. The product must be unused and in original condition. You are responsible for return shipping costs, and a 15% restocking fee applies.
Non-returnable items. Custom or personalized products, clearance items, and products showing signs of use are not eligible for return.
6.No Express Warranty — Products Sold As Is
Turtle Mounds does not offer an express warranty. Our products are sold "as is" and "as available." If a product arrives damaged or defective, Section 5 (Returns and Refunds) describes how we'll make it right.
To the fullest extent permitted by law, we disclaim all express and implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some states, including Washington, do not allow the exclusion of certain implied warranties or the limitation of incidental or consequential damages, so some of the above limitations may not apply to you. This section does not limit any non-waivable rights you may have under applicable consumer protection laws in your state.
7.Intellectual Property
All content on the Site — including the Turtle Mounds name and logo, Max the Turtle character, product designs, photography, illustrations, and written copy — is owned by us or used with permission and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any of it without our prior written permission.
8.Acceptable Use
When using the Site, you agree not to:
- Violate any applicable law or regulation
- Impersonate anyone or misrepresent your affiliation with any person or entity
- Interfere with the Site's operation, security, or availability
- Scrape, spider, or use automated tools to harvest content or data
- Submit false, misleading, or fraudulent information
- Attempt to gain unauthorized access to any accounts, systems, or networks
9.Disclaimer of Warranties
The Site and our products are provided "as is" and "as available" without warranties of any kind, either express or implied, except as expressly stated in Section 6 above. We do not warrant that the Site will be uninterrupted, error-free, or secure.
10.Limitation of Liability
To the fullest extent permitted by law, Turtle Mounds and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost data, or personal injury — arising out of or related to your use of the Site or our products, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claim arising out of these Terms or the sale of a product will not exceed the amount you paid for the product giving rise to the claim.
11.Assumption of Risk and Release
Baseball training activities involve inherent risks. Pitching, throwing, fielding, and related activities carry a risk of injury — including but not limited to slips, falls, strains and sprains, impact injuries from thrown or batted balls, collisions, and injuries related to the mound surface or surrounding environment.
Our products are designed for children ages 5 to 12 and are intended for use under adult supervision at all times. By purchasing and using our products, you agree to:
- Acknowledge and accept the inherent risks of baseball training activities
- Inspect the product before each use for wear, damage, or safety issues, and stop using it if any are found
- Supervise any child using the product at all times
- Use the product only on stable, level surfaces and only for its intended purpose
- Not modify, repair, or alter the product in any way
- Follow any product instructions, warnings, or safety notices we provide
On behalf of yourself, your household, and any minor child for whom you are purchasing the product, and to the fullest extent permitted by law, you release, waive, and discharge Turtle Mounds and its owners, employees, and contractors from any and all claims, demands, losses, liabilities, damages, or causes of action arising out of or related to the ordinary-negligence use of our products, including personal injury, property damage, or economic loss.
This release does not apply to (a) claims arising from gross negligence, recklessness, or intentional misconduct; (b) any rights that cannot be waived under applicable law, including Washington's Consumer Protection Act (RCW 19.86); or (c) any rights a minor may assert under applicable law. Some states do not allow limitations on liability for personal injury, so some of the above limitations may not apply to you.
12.Indemnification
You agree to indemnify, defend, and hold harmless Turtle Mounds and its owners, employees, and contractors from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your misuse of the Site or our products, or your violation of any third-party rights.
13.Governing Law and Disputes
These Terms and any dispute arising out of them are governed by the laws of the State of Washington, without regard to its conflict of laws principles. Any lawsuit arising out of or related to these Terms or your purchase must be brought in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of those courts.
14.Changes to These Terms
We may update these Terms from time to time. The "Effective Date" at the top indicates when the current version took effect. Your continued use of the Site or placement of a new order after changes take effect means you accept the updated Terms.
15.Severability and Entire Agreement
If any part of these Terms is found to be unenforceable, the rest will remain in full effect. These Terms, together with our Privacy Policy, are the entire agreement between you and Turtle Mounds regarding your use of the Site and purchase of our products.
16.Contact
Questions about these Terms? Get in touch: