TERMS AND CONDITIONS
By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms, you should not use or access this Site. Birdytell, LLC reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your acknowledgement and agreement to the FAQ section, which is incorporated herein.
Product Information: While we have taken the time to test and experience all of the products featured in every Birdytell, we cannot be held responsible for any issue the consumer may have with any given product, including but not limited to, allergic reactions or food born illness.
Substitutions: We love supporting small businesses and will continue to do so, even though they sometimes have limited product! Due to small batch and sometimes seasonal nature of many of the products we carry, we reserve the right to make substitutions of items of equal or greater value as necessary to ensure timely delivery of your gifts. We will notify you prior to making any changes.
Transactions: If you wish to purchase any product made available through the Site, 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) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Birdytell, LLC 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.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. By placing an order, you represent that the products ordered will be used only in a lawful manner. Birdytell, LLC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Birdytell, LLC and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Copyright: All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations, and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Birdytell or its licensors or content suppliers and protected by copyright, trademark and other applicable laws in the United States and other jurisdictions.
Disclaimer: You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, MINNY & PAUL, LLC DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Birdytell, LLC makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Birdytell, LLC makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites. Birdytell, LLC does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
BIRDYTELL, LLC DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
Limitation of Liability: EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BIRDYTELL, LLC, IN NO EVENT SHALL BIRDYTELL, LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF BIRDYTELL, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF BIRDYTELL, LLC, IN NO EVENT SHALL THE TOTAL LIABILITY OF BIRDYTELL, LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO BIRDYTELL, LLC IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
Waiver; Remedies: The failure of Birdytell, LLC to partially or fully exercise any rights or the waiver of it of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Birdytell, LLC or be deemed a waiver by it of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Birdytell, LLC under these Terms and any other applicable agreement between you and Birdytell, LLC shall be cumulative, and the exercise of any such right or remedy shall not limit Minny & Paul’s right to exercise any other right or remedy.
Governing Law and Disputes: The laws of the State of Arizona shall govern these Terms. Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site, or to your relationship to Birdytell, LLC shall be submitted to confidential mediation in Maricopa County, Arizona; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona.
If you have any questions regarding our Terms & Conditions please click contact us at firstname.lastname@example.org, as we would be happy to assist.
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