Terms of Service

Please read these Terms of Service carefully. These Terms of Service govern your access to this site and our products. Bird-B-Gone, Inc provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing any page on this site, you agree to be bound by these terms and conditions. 

Bird-B-Gone currently provides users with access to a large collection of bird control products for sale online (collectively, the "Service"). Unless explicitly stated otherwise, any new products that augment or enhance the current Service shall be subject to these Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Bird-B-Gone assumes no responsibility for any incorrect information that you or any other person supplies.

 

I. Refunds on products are allowed, however a Return Merchandise Authorization number must be procured from Bird-B-Gone’s Customer Service within 30 days of original purchase. There will be a 15% restocking fee for any working product returned to Bird-B-Gone. Unused but damaged product (either non-functional or damaged during delivery) will not be subject to the 15% restocking fee.

II.  You acknowledge that Bird-B-Gone may establish general practices and limits concerning your use of the Service, and further acknowledge that Bird-B-Gone reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.

III. You agree to indemnify and hold Bird-B-Gone, Inc., and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of incorrect product purchase, incorrect product usage, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party. Bird-B-Gone, Inc. utilizes third-party carriers to deliver your order and is not liable for delivery problems caused by these carriers. Bird-B-Gone makes no guarantee about time in transit of any shipping method. In the event an order is lost, misplaced or damaged while in transit, a notification of non-receipt must be sent via e-mail to nobirds@birdbgone.com and include the order number.

IV.  Bird-B-Gone is allowed 5 business days from the time of notification to respond with one of the resolutions below:

A. When lost packages cannot be located or are verified as having been damaged, Bird-B-Gone will resend the order with the same delivery terms extending from the time of resolution.
B. If the lost package is located, Bird-B-Gone will redirect the lost order with the same delivery terms extending from the time of resolution. Packages located by the carrier will be rerouted to the customer promptly upon discovery. Shipping carriers typically require a 10 business day window for refund of shipping costs.

V. You understand and agree that Bird-B-Gone and its officers, employees, agents, vendors, affiliates or subcontractors, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bird-B-Gone has been advised of the possibility of such damages), resulting from:

(i) your use or inability to use the Service; 
(ii) your cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(iii) the unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Service;
(v) delays in receipt of an order; or
(vi) any other matter relating to the Service.

VI.  Bird-B-Gone Inc., does not refund, cancel or credit if the service failure is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.

VII.  Orders may only be canceled prior to the product being shipped. Any product that has shipped may be returned for a refund, but will be subject to the 15% restocking fee.

VIII.  Bird-B-Gone reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with Bird-B-Gone. Any customer may opt out of receiving future contact at any time, by unsubscribing from our email correspondence.

IX.  Bird-B-Gone will never provide your credit card or other payment details to any third party, other than for the purposes of processing payment for your order.

X.  Bird-B-Gone Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Bird-B-Gone, in its sole discretion, may terminate your account (or any part thereof) or your use of the Service for any reason, including, without limitation, for lack of use or if Bird-B-Gone believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Bird-B-Gone may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that Bird-B-Gone shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.

XI.  From time to time, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. Bird-B-Gone does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that Bird-B-Gone shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.

XII.  Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Bird-B-Gone shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.

XIII.  Except as expressly set forth herein:


A. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Bird-B-Gone expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. Bird-B-Gone makes no warranty that: 


(i) the Service will meet your requirements,
(ii) the Service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.


C. No advice or information, whether oral or written, obtained by you from Bird-B-Gone or through the use of the Service shall create any warranty not expressly stated in these terms of service.

XIV.  The Terms of Service constitute the entire agreement between you and Bird-B-Gone and govern your use of the Service, superseding any prior agreements between you and Bird-B-Gone Inc. As referenced in the following paragraph, you also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These Terms of Service and the relationship between you and Bird-B-Gone shall be governed by the laws of the State of California, without regard to its conflict of law provisions. For the purpose of resolving any dispute, the state and federal courts located in Orange County, California shall have exclusive jurisdiction. The failure of Bird-B-Gone to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XV.  We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs.

XVI.  We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms of Service. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. We may refuse or terminate orders if we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately.