Terms and Conditions: Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and be bound by them. By accessing and using this website you agree and consent to the terms and conditions of this site, as well as any and all applicable laws as governed and interpreted pursuant to the laws of the state of California.
By accepting these Terms and Conditions through your use of this Site, you certify that you are at least of 18 years of age. If you are under 18 years of age you must use this Site only under the supervision of a parent or legal guardian agreeing to these Terms and Conditions. Please be advised that you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree with any of the Terms and Conditions, please do not use this Site.
All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
Ordering: We collect your name, street address, email address, and phone number when you order any Everything Birds With Vinyl products. This information will be used to retrieve any statements and/or follow up with you about, as well as deliver your order. We retain this information as necessary to resolve disputes, provide customer support, and troubleshoot problems as permitted by law. Also, we collect billing information, such as a billing address, a credit card number, a credit card expiration date, and a credit card verification number. This information will only be used to process and complete your payment. By placing an order, you consent to Everything Birds With Vinyl confirming with a third party that your credit card is valid and can be assessed the net total of your order. You understand that if the validity of your credit card is questioned in any manner, we reserve the right, in our discretion, to refuse to process your order.
Pricing and Content: We strive to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item. Prices are subject to change without notice.
Orders and Acceptance: Please note that sometimes there may be certain orders we are unable to accept. We hereby reserve the right, in our sole discretion, to refuse or cancel any orders for any reason whatsoever.
Custom Orders: Please do not place an order for any expression that is or may be copyrighted or trademarked by a third party. You must obtain permission to use the quotes, phrases and sayings you provide to Everything Birds With Vinyl. It is not the responsibility of Everything Birds With Vinyl to review and clear all expressions ordered by our customers. You are solely responsible for any infringement of third party rights. Furthermore, we reserve the rights to use any designs you create and submit to our site (excepting those phrases which are copyrighted by third parties).
Merchandise Content: This Site attempts to be accurate in its product descriptions. However, Everything Birds With Vinyl does not warrant that product descriptions or other content on this Site is accurate. Some content may be inaccurate or incomplete. If you happen to find a product is not as describe, your sole remedy is to return the product using the return policy.
Objectionable Content: You understand that by using this Site or any services provided on this Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable. You agree to use the Site and any service at your sole risk and that Everything Birds With Vinyl shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Product Review FAQs: We thank you for any comments regarding our business Everything Birds With Vinyl. Please note that by submitting any reviews this Site reserves the right to use such comments however we desire, including without limitation to copy, modify, delete in its entirety, adapt, publish, any such comments into any form. For this reason, we ask that you not send us any comments that you do not wish to assign to us. Everything Birds With Vinyl is and shall be under no obligation to maintain any comments in confidence or to respond to any user or to pay to user any compensation for any comments.
Indemnification: You hereby agree to indemnify, defend and hold harmless Everything Birds With Vinyl against any and all claims, costs, damages and expenses, including attorneys’ fees and court costs arising from or related to your use of this Site or any breach by you of these Terms and Conditions.
Risk of Use: Everything Birds with Vinyl assumes no risk or responsibility for your use with our products. You, the customer assume responsibility in determining product suitability for intended use. Everything Birds With Vinyl shall not be liable for any direct, indirect, or consequential damages arising from use or the inability to use the product.
Changing Terms and Conditions: Everything Birds With Vinyl reserves the right to update or modify these Terms and Conditions at anytime without prior notice. Use of our Site by you following any such change constitutes your agreement to follow and be bound by the modified Terms and Conditions. We encourage you to review these Terms and Conditions every time you use our Site.
DISCLAIMERS –– GENERAL
THE EVERYTHING BIRDS WITH VINYL WEBSITE IS OPERATED BY EVERYTHING BIRDS WITH VINYL, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, EVERYTHING BIRDS WITH VINYL, DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING BIRDS WITH VINYL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING BIRDS WITH VINYL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, EVERYTHING BIRDS WITH VINYL DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
EVERYTHING BIRDS WITH VINYL DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
EVERYTHING BIRDS WITH VINYL MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
EVERYTHING BIRDS WITH VINYL ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL EVERYTHING BIRDS WITH VINYL OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EVERYTHING BIRDS WITH VINYL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EVERYTHING BIRDS WITH VINYL UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE EVERYTHING BIRDS WITH VINYL WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.