BULLBIRD TERMS OF SALE
IMPORTANT – PLEASE READ CAREFULLY: THE PURCHASE OF BULLBIRD LLC PRODUCTS IS SUBJECT TO THIS AGREEMENT. BY PURCHASING BULLBIRD LLC PRODUCTS THROUGH ANY MEANS YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS AGREEMENT UNLESS YOU RETURN THE PRODUCTS WITHIN 10 DAYS OF RECEIPT AS SET FORTH BELOW. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT USE THE PRODUCTS PURCHASED AND RETURN SUCH PRODUCTS AS SO PROVIDED.
- Agreement. (a) These are the terms and conditions (“Terms”) on which bullbird LLC offers to sell its travel products and accessories (the “Product(s)”. These Terms apply to any person or entity purchasing or otherwise receiving Product directly or indirectly from bullbird LLC or a bullbird LLC affiliate or distributor, on behalf of such person or entity and each individual who is given access to the Product (“Customer”). These Terms apply to any order for Product regardless of the method (e.g., Internet, telephone, retail store) used to effect purchase or transfer of Product (the “Order”). These Terms also apply to future Orders for parts, components and accessories, including case lenses, related to Customer’s initial Product purchase. The sole exception to the applicability of these Terms is the existence of an Inter-bullbird LLC Agreement (defined below). (b) Customer’s Order for Product is Customer’s agreement to be bound by these Terms unless Customer returns the Product as described at the start of these Terms. These Terms, together with the terms of any orders directly between Customer and bullbird LLC, are collectively referred to herein as the “Agreement”. This Agreement comprises the entire agreement between Customer and bullbird LLC regarding Product and supersedes and replaces any previous course of dealing, trade usage, and any previous agreements between Customer and bullbird LLC (whether written or oral), unless there is an applicable Inter-bullbird Industries LLC Agreement. (c) bullbird LLC, in its sole discretion, may from time-to-time enter into a separate written agreement with customers or distributors for the supply of Product containing terms different from or in addition to these Terms (an “Inter-bullbird LLC Agreement”). The terms of any Inter-bullbird LLC Agreement shall control and take precedence over these Terms in the event of conflict with respect to Orders covered by the Inter-bullbird LLC Agreement while the Inter-bullbird LLC Agreement is in effect.
- Returns. If Customer does not agree to these Terms, Customer must return the Product within 10 days’ receipt in the original packaging, in unused condition, through its seller by contacting such seller and following its return policy. Defective Product covered by warranty is eligible for return in accordance with the warranty statement below. Otherwise, purchases of Product from any party other than bullbird LLC (e.g., an authorized distributor or retailer) are eligible for return only through such other party in accordance with such other party’s return policy. For all authorized returns through bullbird LLC, a return authorization must be obtained from bullbird LLC’s Customer Service Department (“Return Authorization”), and Customer must follow any other reasonable instructions provided by bullbird LLC.
- Intellectual Property. Customer acknowledges that all intellectual property rights (patent, trademark, copyright, trade secret or otherwise) relating to Product and end-user documentation, as between Customer and bullbird LLC, are solely and exclusively owned by bullbird LLC. The sale of Product shall not confer upon Customer any license to manufacture under any patents or proprietary rights owned or controlled by bullbird LLC.
- Lifetime Warranty. (a) bullbird LLC warrants that each Product (excluding products not made by bullbird) will be free from material manufacturing defects and will meet the specifications stated on the end user documentation included with and covering the Product, if any (“End User Documentation”) when used appropriately under normal conditions (“Lifetime Warranty”). The Limited Warranty extends for the duration of the product lifetime in which the original owner continues to possess the product. (“Warranty Period”). (b) The Lifetime Warranty does not cover issues caused by any reason, including but not limited to normal wear and tear, acts of God, misuse, limitations of technology, neglect or accident, contact with improperly used or unapproved liquids or environments, modification to the Product, or combination of Product with any other product unless expressly intended by the End User Documentation. The Lifetime Warranty also does not cover any damage to or destruction to Customer’s cellular, audio devices and related accessories for any reason whatsoever. (c) bullbird LLC agrees to replace Non conforming Product free of charge or issue a credit of the sale price at bullbird LLC’s sole discretion. Customer shall notify bullbird LLC in writing or via email (firstname.lastname@example.org) of any Non-conforming Product and provide the reason for rejection within the Warranty Period. Any claims not received within the Warranty Period are waived and released. Customer shall return the Non-conforming Product only upon receipt of a Return Authorization from bullbird LLC. When a product or part is exchanged, and replacement item/s becomes your property and the replaced item/s becomes bullbird LLC’s property. When a credit is given, the original product must be returned to bullbird and becomes property of bullbird LLC. This remedy is Customer’s sole and exclusive remedy and bullbird LLC’s sole and exclusive liability for claims of Non-conforming Product. This remedy is in lieu of all other remedies or claims for damages which Customer may have against bullbird LLC. (d) THE LIMITED WARRANTY AND STATED REMEDIES ARE SOLE AND EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, BULLBIRD LLC EXPRESS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BULLREST LLC’S LIFETIME WARRANTY EXTENDS ONLY TO THE ORIGINAL PURCHASING CUSTOMER AND CANNOT BE TRANSFERRED TO ANY OTHER PARTY.
- LIMITATIONS ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BULLBIRD LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR EXEMPLARY DAMAGES OF ANY KIND, OR LOST PROFITS OR REVENUE, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT BULLREST LLC WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING THE EXCLUSIVE REMEDIES SET FORTH ABOVE, BULLREST LLC’S TOTAL LIABILITY TO CUSTOMER ARISING FROM OR IN RELATION TO THESE TERMS, AN AGREEMENT BETWEEN THE PARTIES, OR PRODUCT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED THE TOTAL PURCHASE PRICE PAID FOR THE APPLICABLE PRODUCT GIVING RISE TO THE CLAIM.
- Indemnification. To the fullest extent permitted by law, Customer shall hold harmless, indemnify and (at bullbird LLC’s request) defend bullbird LLC for any and all damages, liabilities, costs and expenses (including any costs of litigation, including reasonable attorneys’ fees and any other costs and expenses), fines or losses in connection with any threatened or actual claims, actions, demands, investigations or suits, including claims or suits by third parties, arising out of any of the following: (a) Customer’s negligence, willful misconduct or use of the Product other than as proscribed by bullbird LLC, (b) repair, combination or modification of Product by persons other than bullbird LLC; or (c) use of Product in violation of applicable laws or regulations or third-party rights.
- Governing Law/Venue; Claim Limits. These Terms, the purchase, sale and transfer of Product, and any dispute or controversy relating to any Agreement are (a) governed and construed according to the laws of the State of Colorado, USA, without regard to provisions on the conflict of laws, and (b) subject to the exclusive jurisdiction of the state and federal courts seated in Denver, Colorado. Customer irrevocably submits to the personal jurisdiction of such courts. Customer agrees not to raise any objection at any time to forum non conveniens and irrevocably waives the right to object to the jurisdiction of the state and federal courts seated in Denver, Colorado. The United Nations Convention on Contracts for the International Sale of Goods does not apply to any Agreement. ANY CAUSE OF ACTION BROUGHT BY CUSTOMER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY AGREEMENT, OR TO PRODUCT RECEIVED FROM BULLBIRD LLC, ITS AFFILIATES AND ITS DISTRIBUTORS MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CAUSE OF ACTION AROSE. Actions not commenced by Customer within one year are permanently barred. This Section survives expiration or termination of the Agreement.
- Miscellaneous. No oral statements, recommendations and assistance given by a bullbird LLC representative or authorized distributor of bullbird LLC to Customer or its representatives in connection with the manufacture, supply or use of Product constitute a waiver by bullbird LLC of any of the provisions hereof, or affect bullbird LLC’s liability herein. Bullbird LLC’s failure to exercise any rights under any Agreement is not a waiver of it rights to damages for Customer’s breach of contract and is not a waiver of any subsequent breach. bullbird LLC shall not be reasonable for any delays or defects related to events or circumstances beyond its reasonable control. If any term of this Agreement is determined to be invalid or unenforceable for any reason, it shall be adjusted rather than voided, if possible, to achieve the intent of the parties to the maximum extent possible. In any event, all other terms and provisions shall be deemed valid and enforceable to the maximum extent possible.
Use of Website
This site is provided by bullbird LLC and may be used for your informational purposes only. You may not use this website to commit any violation of federal, state, local, or international laws, regulations, or other governmental requirements. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and we may do so without prior notice to you. You are prohibited from violating, or attempting to violate, the security of this site. Any such violation may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to: (a) logging into a server or account that you are not authorized to access; (b) accessing data or taking any action to obtain services not intended for you or your use; (c) attempting to probe, scan, or test the vulnerability of any system, subsystem, or network related to the website or to any bullbird LLC computer or computer system; (d) tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures; (e) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the website; (f) interfering with, intercepting, or expropriating any system, data, or information; and (g) interfering with service to any user, host, or network including, but not limited to, by means of overloading, "flooding," "mailbombing"; or "crashing" any system, subsystem, or network related to the website or otherwise.
All content included on this website, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software is the property of bullbird LLC or its content suppliers and is protected by United States and international copyright laws. You are authorized to copy, print, or distribute such content only as follows:
- You cannot copy or download large portions of the website (e.g., no bots, webcrawlers, spiders, etc. that "harvest" the website).
- You may download, print, distribute, and use pages from the website only for informational, non-commercial purposes.
- Any copies of such documents or pages must not alter the original website content and must retain any copyright notice included on them.
- You may not frame this website or any portion thereof. Linking to this website in a way that does not otherwise infringe upon bullbird LLC’s trademark interests is permitted, provided that the link does not falsely imply or suggest that bullbird LLC has endorsed or is affiliated with the linked website.
- Bullbird LLC reserves the right to terminate all or any portion of the above authorizations to you at any time in bullbird LLC's sole discretion.
Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, re-transmit or create derivative works based upon any information, content, or materials contained in this website or any medium (including electronic or hard copy) without the express prior written consent of bullbird LLC. Nothing contained on this website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any intellectual property right of bullbird LLC or any third party, except as expressly provided above.
The trademarks, service marks, and logos of bullbird LLC and its affiliates used and displayed on our site are our registered and unregistered trademarks. Requests to use trademarks owned by other companies which may be mentioned on our site should be directed to such other companies. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks, and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our site, without our prior written permission.
All submissions, documents, materials, postings, comments, remarks, suggestions, ideas, graphics, or other information communicated from users to this website will forever be the property and intellectual property of bullbird LLC, and bullbird LLC will not be required to treat any such submission as confidential. Further, bullbird LLC will be entitled to use any such submission for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. Do not submit material that is unlawful, defamatory, abusive, or obscene, or that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s).
You agree to indemnify, defend, and hold harmless bullbird LLC, its affiliates, officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys, fees and expenses, resulting or arising from, or incurred in connection with, any violations by you of these Terms and Conditions.
Limitation of Liability
BULLBIRD LLC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF (OR THE INABILITY TO USE) THIS WEBSITE AND ITS CONTENTS, OR A WEBSITE LINKED TO THIS WEBSITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.
Compliance with Local Laws
This website is controlled and administered by bullbird LLC from its offices within the United States, and this website and its contents are intended to comply with applicable laws and regulations in the United States. Although the information on this website is accessible to users outside of the United States, bullbird LLC makes no representation that the content of this website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on this website from locations where such content is illegal is prohibited. If you choose to access this site from locations outside of the United States, you are responsible for compliance with any applicable local laws and regulations. You may not use or export any of the information on this website in violation of US export laws and regulations.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. These Terms as may be updated from time to time by bullbird LLC to represent the entire agreement between you and bullbird LLC relating to the subject matter herein.
Bullbird LLC reserves the right, at its sole discretion, to supplement or modify these Terms in whole or in part, at any time. Any such supplement or modification will become effective when it is posted on the website. Your continued use of the website after any supplements or modifications to these Terms are posted will be considered acceptance thereof.
As a convenience to you, bullbird LLC provides links that allow you to connect with websites that are not under bullbird LLC control. You access these sites at your own risk. We are not responsible for the contents of any linked site, nor does the appearance of a link imply bullbird LLC endorsement.
Privacy and Security
Bullbird LLC does not guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if bullbird LLC is aware of them. The material in this website may include technical inaccuracies or typographical errors.
Bullbird LLC suggests that parents supervise their children while online. No information should be posted by minor children without parental consent.
THIS SITE IS PROVIDED BY BULLBIRD LLC ON AN "AS IS" AND “AS AVAILABLE” BASIS. BULLBIRD LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BULLBIRD LLC DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF HARMFUL COMPONENTS.
These Terms shall be governed by, and construed in accordance with, the laws of the State of Colorado. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts in Denver, Colorado.
Types of Information We Collect. The following are the types of information about you that we collect: Information you give to us. We receive and securely store the information you provide to us when you register for, or otherwise use, the Site such as your name, email address, phone number, address, information and any feedback, questions, or recommendations you provide. We may invite comments, questions, or feedback on certain public areas of the Site. If you provide information in public areas of the Site (if any), such information may be read, collected and used by us and other users of the Site. If you provide information directly to us in other ways, such as by sending us an email, we may retain that information and add it with the other information we have collected from you.
Types of information collected by technology. We may receive and store certain types of information from you each time you use the Site. For example, we may automatically log your browser type, language preference, precise geographic location, the date and time of your visit to the Site, any actions you take on the Site, the date and time of your visit to specific listings on the Site, your Internet Protocol (IP) address, and the website you visited before our Site. In addition, we may receive and store information about your use of the Site. The technologies we use for this automatic data collection may include:
- Web Beacons. Web beacons are electronic images that may be used on our Site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
Disclosure of Your Information.
Other Disclosures. Regardless of any choices you make regarding your information (as described below), bullbird LLC may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on bullbird LLC; or (b) protect or defend the rights or property of bullbird LLC, users of the Site, or any other party.
Disclosure to Third Parties. We may share your information with third party service providers that are contractually bound to safeguard your information. We may make such disclosure in order to provide you with services, or to conduct quality assurance testing. We may also share your information with any other party with your express consent.
Notice to California Residents – Your California Privacy Rights. Residents of the State of California may request a list of all third parties to which bullbird LLC has disclosed certain information collected in connection with the Site during the preceding year for the third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request and include the name of this Site, as well as your name, street address, city, state, and zip code. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Your Choices Regarding Your Information.
Choices. We offer you choices regarding the collection, use, and sharing of your information. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from these third parties. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms of
Security of Your Information. We are committed to protecting the security of your information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. Despite these measures, you should know that we cannot fully eliminate security risks associated with information and mistakes may happen.
A Note About Children. We do not intentionally gather information about visitors who are under the age of 18. If you are under the age of 18 you are not permitted to use our Site.