Terms of Service

Introduction

Welcome to birdstrikewindowfilm.com, also referred to as the website. The terms "you," "your," and "yours" refer to the customer/purchaser utilizing our website. The terms "birdstrikewindowfilm.com," "we," "us," and "our" refer to birdstrikewindowfilm.com. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement, you will have your access canceled and you may be permanently banned from using the website and any interactive services. You should check these terms and conditions periodically. By using the website after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them. Entering the website will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the website. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

 

Privacy

 

Please review our Privacy and Security Policy, which also governs your visit to the website, to understand our practices.

 

Copyright 

 

 

You acknowledge that the website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

 

Trademarks 

 

 

birdstrikewindowfilm.com and other marks indicated on the website are registered trademarks or registered service marks of birdstrikewindowfilm.com, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of birdstrikewindowfilm.com. Our trademarks and trade dress may not be used in connection with any product or service that is not birdstrikewindowfilm.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits birdstrikewindowfilm.com. All other trademarks not owned by us that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by birdstrikewindowfilm.com.

 

Site Access

 

You may not download (other than page caching) or modify the website or any portion of it, without our expressed written consent. This includes: a prohibition on any resale or commercial use of the website or its contents any collection and use of any product listings, descriptions, or prices, any derivative use of the website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our expressed written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of birdstrikewindowfilm.com without our expressed written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our expressed written consent.

 

Your Account

 

If you use the website, you are responsible for maintaining the confidentiality of My Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under My Account or password. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

Export 

 

 

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from birdstrikewindowfilm.com to either a foreign national or a foreign destination in violation of such laws.

 

Links 

 

 

We are not responsible for the content of any sites that may be linked to or from birdstrikewindowfilm.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the website are independent from birdstrikewindowfilm.com, and birdstrikewindowfilm.com has no control over the content of that other website. In addition, a link to any other website does not imply that birdstrikewindowfilm.com endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by birdstrikewindowfilm.com of that third party or of any product or service provided by a third party.

 

Disclaimers and Limitations of Liability

 

The website is provided on an "AS IS," "as available" basis. Neither birdstrikewindowfilm.com, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the website will be uninterrupted or error-free. Neither birdstrikewindowfilm.com, nor its Associates warrant the accuracy, integrity, or completeness of the content provided on the website or the products or services offered for sale on the Site. Further, we make no representation that content provided on the website is applicable or appropriate for use in locations outside of the United States. birdstrikewindowfilm.com specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by birdstrikewindowfilm.com shall create a warranty. You expressly agree that the use of the website is at your sole risk.

 

Under no circumstances shall birdstrikewindowfilm.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by a user on any information obtained at the website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to birdstrikewindowfilm.com records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of birdstrikewindowfilm.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

 

Termination of Usage

 

We may terminate your access or suspend your right to access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Associates, or birdstrikewindowfilm.com. In addition, we reserve the right to refuse an order from any customer at our sole discretion.

 

Usage by Children Under 18

 

We cannot prohibit minors from visiting the website. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. We require that all purchases be made either (i) by individuals 18 years of age or older, or (ii) give verifiable permission for such minors to purchase items on the website and for the collection by us of certain information in accordance with the terms of our privacy policy. Each time you purchase a product from birdstrikewindowfilm.com, you are representing to birdstrikewindowfilm.com that you are either an individual 18 years of age or older, and for the collection by us of certain information in accordance with the terms of our privacy policy.

 

Pricing and Availability

 

Prices and availability of products on the website are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).

 

Risk of Loss - Shipping

 

All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Shipping estimates are processed when orders ship from our warehouse. USPS is our primary shipper. birdstrikewindowfilm.com reserves the right to use any regional or national company to expedite product deliveries.

 

Responsibility for Kit Creation and Use

 

You acknowledge and agree that neither birdstrikewindowfilm.com nor any other party connected with the license or manufacture of the Kits will be involved in any way with the configuration of a Kit. You must evaluate and bear all risks associated with the installation and use of the Kits. You are solely responsible for and assume all liability arising from all Kits that you and any other person create, install, or use in connection with the Website. The fact that we produce the Kits does not mean that: (1) we approve or endorse the use of your Kits, (2) the Kits complies with all applicable laws, or (3) you will not incur any liability or harm arising from the Kits. birdstrikewindowfilm.com does not provide compliance stickers for states that require them. Customers are responsible for obtaining compliance stickers through their state agency prior to installation of automotive kit.

 

Furthermore, you agree to refrain from using the birdstrikewindowfilm.com service in any manner that would cause damage to the public reputation of birdstrikewindowfilm.com, its employees, shareholders, board members, or partners.

 

Warranties

 

All products sold on birdstrikewindowfilm.com are shipped "as-is" and "as available" with no warranty stated or implied. birdstrikewindowfilm.com specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by birdstrikewindowfilm.com shall create a warranty. You expressly agree that the use of the website and of all products purchased through the website is at yor sole risk.

 

Refunds and Exchanges

 

No refunds nor exchanges will be made on any products that have been cut to customer specifications. These include, but are not limited to, partial film rolls, pre-cut kits, or cut-down film rolls. At the sole discretion of birdstrikewindowfilm.com, full rolls of film and tools may be returned if they are unopened and in their original packaging, but the customer is responsible for all shipping charges and will be required to pay a 25% restocking fee.

 

Refunds and Exchanges of Pre-Cut Kits

 

Pre-Cut Kits are customized per order, therefore, birdstrikewindowfilm.com cannot provide refunds or exchanges. Additionally, birdstrikewindowfilm.com cannot be responsible for orders placed incorrectly or inaccurately by the customer.

 

Applicable Law

 

By visiting the website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and birdstrikewindowfilm.com or its affiliates and subsidiaries.

 

Disputes

 

Any dispute relating in any way to your visit to the website or to products you purchase through the Site shall be submitted to confidential arbitration except that, to the extent you have in any manner violated or threatened to violate birdstrikewindowfilm.com's intellectual property rights, birdstrikewindowfilm.com may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Site Policies, Modification and Severability

 

We reserve the right to make changes to the website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

These Terms constitute the entire agreement between you and birdstrikewindowfilm.com with respect to this online service, and supersede all other communications, written or oral, with regard to the service