TERMS AND CONDITIONS
These General Terms and Conditions of Use (Terms) are entered into by and between you and Finchwear, LLC in consideration of your use of and access to this Internet site (and the promises and obligations herein, and intending to be legally, you and Finchwear, LLC hereby agree as follows: You access to and use of the Finchwear, LLC site is subject to these Terms, as well as any modifications issued by Finchwear, LLC to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE BOUND BY THESE TERMS. If you do not want to e bound by these Terms, do not use the Finchwear, LLC site. Among other things, Finchwear, LLC provides information concerning various products and services, the opportunity to obtain additional information about these products and services or to purchase them. These Terms and the information provided in Finchwear, LLC in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within Finchwear, LLC contains any specific terms and conditions concerning its use (Specific Terms), those Specific Terms are in addition to these terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
Finchwear, LLC shall have the right at any time and without prior notice and at its sole discretion to revise these Terms or to impose new terms and conditions with respect to access to or use of Finchwear, LLC. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on Finchwear. You are responsible for reviewing Finchwear periodically for any modifications to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Finchwear of these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OR REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Finchwear shall be valid or enforceable against Finchwear unless expressly agreed to by Finchwear in a writing signed by a duly authorized member of Finchwear.
3. Termination
These Terms are effective until terminated by Finchwear. Finchwear may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Finchwear and the restrictions imposed on you with respect to the Content, the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Finchwear shall also have the right without notice and at any time to terminate Finchwear or any portion thereof, or to terminate any individual’s right to access or use Finchwear or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding use of Finchwear and your purchase of the items on Finchwear.
5. Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on Finchwear, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. Finchwear may change, delete or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Finchwear in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Finchwear, or by third parties that have licensed their use to Finchwear. You may view and use the Content only for your personal information and for shopping and ordering on Finchwear, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Finchwear does not grant to you or to any other person any rights to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publically perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through Finchwear, including without limitation by transferring, downloading, or otherwise copying any Content onto any disc drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Finchwear, is strictly prohibited.
6. Linked Third Party Sites
Links to other internet sites operated by third parties, including Finchwear vendors, do not constitute sponsorship, endorsement, or approval by Finchwear of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Finchwear, and Finchwear is not responsible the availability, content, security, practices, or policies of linked sites, including without limitation privacy policies, and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Ordering
All prices displayed on Finchwear are quoted in U.S dollars. Finchwear may restrict delivery to addresses within the United States and Canada. Finchwear will add shipping and handling fees and applicable use/sales taxes. Finchwear reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on Finchwear without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, references to, products or services on Finchwear do not imply endorsement of that product or service, or constitute a warranty by Finchwear. The receipt by you of an order confirmation does not constitute Finchwear’s acceptance of an order. Prior to Finchwear’s acceptance of an order, verification of information may be required. Finchwear reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation form Finchwear, for any reason. Finchwear reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Finchwear shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order cancelled, Finchwear shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer and Limitations of Liability as to this Site and Content
Finchwear MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Finchwear SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. Finchwear ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF Finchwear OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT Finchwear OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS “AS IS,”WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSOR IMPLIED, INCLUDIONG BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF Finchwear. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Finchwear, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNATITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Finchwear OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERPRETATION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Finchwear IS EXPRESSLY ADVISED OF THE POSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your Finchwear purchase. If for any reason you are not completely satisfied with a product you purchased on Finchwear, simply return the item within 30 days of receipt for an exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support of dog toys must be handled directly between you and the manufacturer. Many dog toys are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturer’s warranties may vary from product to product. ALL PRODUCTS AND SERVICES SOLD BY Finchwear ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2004 COMPLIANCE. ACCORDINGLY, Finchwear MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, Finchwear EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON Finchwear, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Finchwear, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRCET, CONSEQUENTIAL, INCIDENTAL , SPECIAL, OR PUNATITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Finchwear OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERPRETATION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Finchwear IS EXPRESSLY ADVISED OF THE POSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Finchwear’s LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
10. Indemnification
You agree to defend, indemnify, and hold harmless Finchwear, Finchwear’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of Finchwear. The foregoing indemnifications obligation shall survive termination of these Terms and Finchwear and any product or service provided to you arising out of or relating to your use of Finchwear.