Terms of Use – MyBirdyMax
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Terms of Use

MybirdyMax Terms of Use

MybirdyMax and/or its affiliates ("MybirdyMax", "we" or "us") operate an online store ("MybirdyMax") located at MybirdyMax from which you may purchase products and services ("MybirdyMax Products").

These Terms of Use apply to the content and functionality of the MybirdyMax Store, as well as the MybirdyMax Store Products.

1. Information You Provide to Us

You may give us information about yourself when you visit the MybirdyMax Store. Our Privacy Policy explains our practices regarding this information. We may need to send you emails and text messages to, for example, provide you with important delivery information. You give us permission to send these messages when you visit the MybirdyMax store and provide your contact information. Standard text messaging or data charges may apply to text messages. When offered, you may disable text message notifications by replying to such a message with "STOP" or by following the instructions provided in the message. However, by disabling text messaging, you may disable important security controls and increase the risk of loss to your business.

2. MybirdyMax's Copyright

As between you and MybirdyMax, MybirdyMax and its licensors exclusively own all right, title and interest in and to all patents, copyrights (including rights in derivative works), moral rights, publicity rights, trademarks or service marks, logos and designs, trade secrets, and any other intellectual property embodied in or contained within MybirdyMax (collectively, "MybirdyMax"). MybirdyMax is protected by copyright, trade secret, patent and other intellectual property laws, and all rights in MybirdyMax not expressly granted to you in these Terms of Use are reserved.

You may choose to do so, or we may invite you to submit comments or ideas about improvements to the MybirdyMax Store or our products or services ("Ideas"). If you submit an idea to us, we will assume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the idea. You also agree that MybirdyMax has no fiduciary or other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to MybirdyMax

MybirdyMax grants you a limited, revocable, non-exclusive, non-transferable license to access the MybirdyMax Store. This license does not include the right to use the content and information, including product listings.

You may not display, copy, modify, transmit or otherwise use the MybirdyMax and MybirdyMax Marks.

4. Products, Content and Specifications.

Details of the products and services available for purchase in the MybirdyMax Store ("MybirdyMax Store Products") are listed in the MybirdyMax Store. All features, content, specifications, products and prices of the products and services described or depicted in this MybirdyMax Store are subject to change at any time without notice. Unless otherwise expressly stated, all weights, measures and similar descriptions are approximate and are provided for convenience only. Packaging may differ from that shown and the appearance of a product in real life may differ from its appearance on the MybirdyMax Store due to the limitations of the systems you use to access the MybirdyMax Store. The inclusion of products or services in the MybirdyMax Store at any given time does not imply or warrant that such products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such a case, we will make reasonable efforts to inform you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Subscriptions

a. Subscription Terms. We may offer you the opportunity to purchase subscriptions through the MybirdyMax Store. The specific terms of a subscription will be communicated to you at or before the time you purchase the subscription, and by purchasing the subscription, you agree to those terms.

b. Free Trials and Promotional Periods. If a Subscription begins with a free trial or promotional period, you will have the right to cancel the Subscription before the end of the trial or period. If we do not provide you with an online cancellation mechanism, you may exercise this right of cancellation by contacting us. We will send you an email prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end and to give you the opportunity to cancel before the paid period begins. If you do not cancel, we will charge you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the subscription-specific terms.

c. Cancellation. Your cancellation rights and the mechanism by which you may notify us of your decision to cancel will be disclosed to you at or before the time you purchase a subscription.

6. Your Account

We may require you to create an account to access the MybirdyMax Store, including to make purchases. If we do, you must provide accurate information about yourself when you create an account and be sure to update us if that information changes. You must ensure that your login information is kept confidential. You are responsible for all activity, including purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Shipping and Returns

This section 7 applies to MybirdyMax products that are physical goods. For clarity, this Section 7 applies notwithstanding any terms in any invoice or purchase order to the contrary.

Orders are shipped by carriers selected by MybirdyMax. Shipping charges, if any, will be provided to you before you confirm your order. While we provide you with an estimated shipping date, the estimated delivery date is not guaranteed and stock-outs or events beyond our control may impact the delivery date. MybirdyMax is not responsible for delivery after the estimated delivery date, nor is MybirdyMax responsible for any loss, damage, or penalty you may incur due to a delay in shipping or delivery. Unless otherwise specified in the product description, each MybirdyMax product will be delivered to the FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).

Unless otherwise stated in the product description, MybirdyMax products may be returned in their original packaging and condition (including all accessories and components provided) within 14 days of receipt of the item. However, unless we indicate otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item you purchased. If this occurs, your exclusive remedy is to return the item in unused condition for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. MybirdyMax will not cover the cost of the return and will refund the full purchase price.

8. Sanctions and Export Policy

You may not use the MybirdyMax Store or purchase MybirdyMax Store products in or for the benefit of any country, organization, entity, or person that is embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control. (OFAC). We do not represent or warrant that the MybirdyMax Store or any MybirdyMax Store product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any place or jurisdiction, or comply with any laws governing export, import, or foreign use.

9. No Warranties


We provide MybirdyMax products on an "as is" and "as available" basis, without any express, implied or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement or any other type of condition, warranty or guarantee. No data, documentation or other information provided by MybirdyMax or obtained by you from or through the MybirdyMax Store - whether from MybirdyMax or any other entity, and whether oral or written - creates or implies any warranty by MybirdyMax to you.

MybirdyMax disclaims any knowledge of and makes no warranty as to: (a) the accuracy, reliability, or correctness of the data provided through MybirdyMax; (b) that the MybirdyMax Products will meet your specific needs or requirements; (c) that the MybirdyMax Store will be available at any particular time or place, operate uninterrupted, or be secure; (d) that MybirdyMax will correct any defects or errors in the MybirdyMax Store; or (e) that the MybirdyMax Store is free of viruses or other harmful code. Your use of any data, products or services accessed, purchased or downloaded through the MybirdyMax Store is at your own risk - you are solely responsible for any damage to your property, loss of data or other loss resulting from such access, purchase or download.

Nothing in these Terms of Use shall operate to exclude, restrict or modify the operation of any condition, warranty or implied warranty, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that it would: ( a) violate such law; or (b) result in the invalidity of any term of this Agreement.

10. Limitation of Liability

In no event shall MybirdyMax be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use of or inability to use the MybirdyMax Store or the unavailability of the MybirdyMax Store, or for loss of profits. You agree to indemnify MybirdyMax for any damages, including, but not limited to, bodily injury or property damage, or any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the MybirdyMax Store, even if such damages are foreseeable, and you or MybirdyMax have been advised of the possibility of such damages. MybirdyMax is not responsible for, and disclaims all liability for, any damage, harm, or loss resulting from or related to hacking, forgery, or other unauthorized access to or use of MybirdyMax or your failure to use or implement anti-fraud measures, security controls, or any other data security measures. MybirdyMax further disclaims any and all liability and damages caused to you or others by (a) your access to or use of the MybirdyMax Store not in accordance with our instructions; (b) any unauthorized access to the servers, infrastructure or data used in connection with the MybirdyMax Store (c) any bugs, viruses or other harmful code that may be transmitted to or through the MybirdyMax Store; (d) errors, inaccuracies, omissions or losses in or to data provided to us; (e) third party content provided by you; or (f) defamatory, offensive or illegal conduct of others. The MybirdyMax Store may be subject to the following: (a) the use of the MybirdyMax Store by you; (b) the use of the MybirdyMax Store by you or data used in connection with the MybirdyMax Store; (c) any bugs, viruses or other harmful code that may be transmitted to or through the MybirdyMax Store; (d) errors, inaccuracies, omissions or losses in or to data provided to us; (e) third party content provided by you; or (f) defamatory, offensive or unlawful conduct of others. You agree to indemnify and hold us harmless from and against: (a) any loss or damage to the MybirdyMax Store or data used in connection with the MybirdyMax Store; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the MybirdyMax Store; (d) errors, inaccuracies, omissions, or losses in or to data provided to us; (e) third party content provided by you; or (f) defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by MybirdyMax with respect to MybirdyMax products to your direct, documented damages; and you further agree that in no event will any such liability exceed in the aggregate the greater of the amounts you paid to MybirdyMax during the three month period immediately preceding the event giving rise to your claim for damages, and EUR 20.

These limitations of our liability to you will apply regardless of the legal theory upon which your claim is based, including contract, tort (including negligence), strict liability or any other theory or basis.

11. Disputes


a. Binding Arbitration: In the event of any dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy arising out of these Terms of Use, but specifically excluding any dispute primarily relating to the intellectual property of either party (which dispute shall be resolved by litigation before the court in Tallinn, Estonia), shall be determined by arbitration in Tallinn, Estonia before a single arbitrator.

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process by personal service at its registered office, registered address or principal address (for individuals or sole proprietors). Nothing in these Terms of Use shall affect the right of any party to serve Process in any other manner permitted by law.

c. Class Waiver: To the fullest extent permitted by law, each party agrees that any dispute arising out of or in connection with these Terms of Use, whether in arbitration or in court, shall be conducted solely on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than by arbitration, each party knowingly and irrevocably waives any right to a trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Use or any of the transactions. contemplated between the parties.

d. Award: Subject to the limitations of liability identified in these Terms of Use, the appointed arbitrators may award monetary damages and any other remedy permitted by the laws of France. In making a decision, the arbitrator shall have no authority to modify the terms or provisions of this Agreement. The arbitrator shall deliver a written decision with reasons regarding the dispute (the "Award") to each party, which shall promptly act in accordance with the Award. Any award (including interim or final appeals) may be confirmed or enforced by a district court located in Tallinn, Estonia. The arbitrator's decision shall be final and binding on the parties and shall not be subject to appeal or review.

e. Fees: Each party shall advance one-half of the fees and expenses of the arbitrators, the costs of attendance of the arbitration reporter at the arbitration hearing and the costs of the arbitration center. In any arbitration arising out of or relating to these Terms of Use, the arbitrators shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses over which it prevails, and any opposing awards of attorneys' fees and costs shall be offset.

F. Confidentiality: The parties shall maintain the confidential nature of the arbitration proceedings, hearing, and award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a judicial application as contemplated above for preliminary relief, or confirmation of an award or its enforcement, (iii) our disclosure of the award in confidential settlement negotiations, or (iv) as required by applicable law. The parties, witnesses and arbitrator shall treat as confidential and shall not disclose to any third party (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or as may be obtained from the public domain or obtained independently of the arbitration.

g. Conflict of Rules: In the event of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 shall govern. If any provision of these Terms of Use for Arbitration is found to be invalid or unenforceable, it will be invalid or unenforceable to the minimum extent required by law and all other provisions will remain valid and enforceable.

12. Governing Law


By using the MybirdyMax Store, you agree that the laws of France, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any kind that may arise between you and MybirdyMax.

13. Modification and Severability

We have the right to modify or add to the terms of these Terms of Use at any time, with prospective effect only, and to modify, remove, discontinue or impose terms of use on the MybirdyMax Store by posting such changes on our website or any other website we maintain or own. You may access a copy of the current version of these Terms of Use at any time on our Website. You can find out when these Terms of Use were last modified by checking the "Last Updated" date at the top of the page.

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Reuse of these terms of use

You should feel free to use these terms of use as inspiration for the terms and conditions of your website. To facilitate this use, these terms of use are licensed under a Creative Commons Attribution 4.0 International License. However, please keep in mind that these terms of use were created specifically for the MybirdyMax store and that you will need to modify and supplement them to fit your business. For more details, please see the disclaimers and limitations in the license terms, and we strongly encourage you to seek your own legal advice before reusing these terms of use on your own site.
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