Terms & Conditions

Terms of service

 

 PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF THIS WEBSITE (the “SITE”) AND YOUR PURCHASES OF PRODUCTS FROM THIS SITE.

The website at https://www.AvianFashions.com and its sub-domains is owned or controlled by Bird Nerd LLC, 44 Mine Rd, Ste 2-347, Stafford, VA 22554 US (“Avian Fashions”, "Bird Nerd", “us” or “we”).

IF YOU PURCHASE ANY PRODUCTS FROM THIS SITE OR ACCESS OR USE THIS SITE OR ANY PRODUCTS OR SERVICES OFFERED BY BIRD NERD LLC (Avian Fashions) THROUGH THIS SITE, YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS AND THE OTHER POLICIES INCORPORATED HEREIN BY REFERENCE, INCLUDING OUR PRIVACY POLICY (“TERMS AND CONDITIONS”OR “AGREEMENT”). YOU MAY VIEW OUR PRIVACY POLICY AT https://www.avianfashions.com

We reserve the right to modify these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By purchasing any products from this Site or accessing or using this Site after we post any changes to these Terms and Conditions, you agree to accept such changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, do not purchase any additional products from this Site and discontinue accessing or using this Site.

I. SCOPE OF TERMS AND CONDITIONS- AGREEMENT TO ARBITRATE

These Terms and Conditions apply to your purchase of any products from this Site and your accessing or use of this Site, including any products or services offered by Avian Fashions or its affiliates through the Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.

Dispute Resolution

Any dispute or claim arising from or relating in any way to your purchase of any products through this Site or your accessing or use of this Site, including any products or services offered through the Site, will be resolved solely by binding arbitration, rather than in court, except that either of us may assert claims in small claims court if the claims qualify. This applies equally to claims made by us against you and to claims made by you against us. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

II. SPECIAL NOTES WITH REGARD TO PRODUCT

Product Listings

Bird Nerd LLC (Avian Fashions) and its affiliates strive for accuracy in all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinants, we cannot guarantee that all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Bird Nerd LLC (Avian Fashions) shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Bird Nerd LLC (Avian Fashions) are provided as resources to customers looking for additional information. Bird Nerd LLC (Avian Fashions) does not assume responsibility for the claims and/or representations made on these or any other websites.

Product Variations

Bird Nerd LLC (Avian Fashions) is not responsible for variations in product specifications and/or physical appearance, since in some cases this can be a natural result of the manufacturing process. Please consider this when ordering products through our Site.

Except as noted below, all of Bird Nerd LLC (Avian Fashions)’s apparel products are mainly manufactured in Virginia, in facilities that are either owned by Bird Nerd LLC (Avian Fashions) or are owned by third parties. By virtue of Bird Nerd LLC (Avian Fashions)’s close working relationship with its facilities in Virginia, Bird Nerd LLC (Avian Fashions) is able to observe and confirm that no forced labor or human trafficking occurs in the manufacture of its products. Bird Nerd LLC (Avian Fashions) does purchase trim and other raw materials used in the manufacture of its products from suppliers located abroad, including the Philippines and seeks to ensure that its supply chain is free of forced labor or human trafficking.

“FeatherWear FlightSuit™ Brand” products are manufactured in the Philippines. The Philippine manufacturers are required to represent, warrant and agree that all goods manufactured for or delivered to Bird Nerd LLC (Avian Fashions), and the performance of all services incidental to the manufacture, sale and shipment of such goods, have been and will in the future be in strict compliance and conformity with all present and future applicable federal, state and local laws, including applicable labor laws, and are required to submit to periodic reviews confirming compliance with such laws.

All of Bird Nerd LLC (Avian Fashions)’s manufacturers and suppliers of raw materials are required to represent, warrant and agree that all goods manufactured for or delivered to Bird Nerd LLC (Avian Fashions), and the performance of all services incidental to the manufacture, sale and shipment of such goods, have been and will in the future be in strict compliance and conformity with all present and future applicable federal, state and local laws, including the Fair Labor Standards Act and local labor laws.

Bird Nerd LLC (Avian Fashions) does not formally audit its suppliers for compliance, but each direct supplier of goods or manufacturing services confirms its adherence to these standards each time it accepts an order for the delivery of goods to Bird Nerd LLC (Avian Fashions). While Bird Nerd LLC (Avian Fashions) does not provide formal training to employees and management, and does not maintain formal internal accountability standards and procedures for contractors failing to meet its standards regarding forced labor and human trafficking, in the event that Bird Nerd LLC(Avian Fashions) obtains any information which causes it to believe that a supplier is not in compliance with our standards, it will eliminate the supplier from its supply chain.

LIMITATION OF LIABILITY / TIME LIMIT FOR BRINGING CLAIMS

IN ALL CIRCUMSTANCES, BIRD NERD LLC (Avian Fashions)’S MAXIMUM LIABILITY FOR PRODUCTS PURCHASED FROM THIS SITE IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCTS. Bird Nerd LLC (Avian Fashions) SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BIRD NERD LLC )AVIAN FASHIONS) SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO REPUTATION OR FOR EXEMPLARY DAMAGES, WHETHER OR NOT BIRD NERD LLC (AVIAN FASHIONS) HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

BY PURCHASING PRODUCTS FROM THIS SITE, YOU AGREE THAT ANY AND ALL CLAIMS ARISING FROM YOUR PURCHASE MUST BE BROUGHT WITHIN 3 MONTHS OF THE DATE OF INVOICE OR SUCH CLAIMS WILL BE BARRED .

III. YOUR USE OF THIS SITE

The contents of this Site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.

You may not publish, display or commercially exploit any material from the Site unless you obtain our prior written consent and the prior written consent of all other persons or entities with an interest in the intellectual property at issue. You may not modify, copy, transmit, adapt or in any other way exploit the content of the Site.

You must abide by all additional copyright notices or other restrictions contained anywhere in the Site.

You agree not to do any of the following while using the Site:

        1. Harass, stalk or otherwise abuse another user;
        2. Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including, but not limited to disparaging of the Site or its owner), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as we may determine in our sole discretion);
        3. Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of Bird Nerd LLC (Avian Fashions) or any third party;
        4. Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with Bird Nerd LLC (Avian Fashions)’s or any third party’s uninterrupted use and enjoyment of the Site;
        5. Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
        6. Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes which in all cases are consistent with this Agreement;
        7. Pretend to be Bird Nerd LLC (Avian Fashions) or someone else, or spoof
        8. Bird Nerd LLC(Avian Fashions) or someone else’s identity;
        9. Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the website;
        10. Misrepresent your affiliation with a person or entity;
        11. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users, ability to use the Site;
        12. Engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or
        13. Collect or store personal data about other users unless specifically authorized by such users and in conformity with these Terms and Conditions; or
        14. Violate any applicable local, state, federal or international law, rule or regulation.

Links

These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. Hyperlinks to other websites from the Site are provided as resources to customers looking for additional information and/or professional opinions. Bird Nerd LLC (Avian Fashions) does not assume responsibility for the claims and/or representations made on these or any other websites. You should direct any concerns to that site’s administrator or webmaster. Your linking to any other websites is at your own risk.

Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an e-mail to info@avianfashions.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.

Disclaimer of Warranties and Limitation of Liability

THE SERVICES AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY OF THE SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

No Personal Advice

The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. Nothing in this Site is intended or should be construed as medical, legal or business advice. Such advice should only be obtained from professionals hired by you for that purpose.

Parental Permission; Minimum Age 18 Requirement

The Site (as well as any product or service utilized or otherwise obtained from this Site) is not directed to persons under the age of 18 and we will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S USE OF THE INTERNET AND ANY ONLINE SERVICES, AND USE THEIR BROWSERS’ PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We hereby require all users of the Site to be over 18 years of age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site. If you are accessing the Site or purchasing any products from the Site, you represent that you are at least 18 years of age.

Membership Fees

We reserve the right to charge fees, surcharges and/or membership fees for all or any of our services currently provided for free at any time upon thirty (30) days, prior written notice to you.

TRADEMARKS

“FlightSuit”, “FeatherProtector”, “FeatherSweater” and other Avian Fashions logos, page headers, button icons, scripts, trade names and service names are trademarks, registered trademarks or trade dress of Bird Nerd LLC (Avian Fashions) or its affiliates in the U.S. and/or other countries. Bird Nerd LLC (Avian Fashions)'s trademarks and trade dress may not be used in connection with any product or service that is not Bird Nerd LLC (Avian Fashions)’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bird Nerd LLC (Avian Fashions). All other trademarks not owned by Bird Nerd LLC (Avian Fashions) or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bird Nerd LLC (Avian Fashions) or its affiliates.

IV. USER PUBLIC FORUM SUBMISSION/PARTICIPATION POLICY AND TERMS:

General:

As a service to our users, this Site may feature message boards, blogs, ratings, comments and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.

Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum.

Bird Nerd LLC (Avian Fashions) has no responsibility for such content and is merely providing access to such content as a service to you.

BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.

Your Participation/Contribution In Forums Requires Careful Consideration:

Any information shared (including personally identifiable information or other personal information) that you reveal in a Forum is by design open to the public (or to a private group within a special Forum) and is not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to, or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes.

Confidentiality Obligations:

You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Bird Nerd LLC (Avian Fashions) that requires you to maintain the confidentiality of certain material or information of Bird Nerd LLC (Avian Fashions). It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Bird Nerd LLC (Avian Fashions)has required you to preserve as confidential.

Grant of Rights:

To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Bird Nerd LLC (Avian Fashions) or other information you are required to preserve as confidential by Bird Nerd LLC (Avian Fashions), then; i) you remain the owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Bird Nerd LLC (Avian Fashions), a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Bird Nerd LLC (Avian Fashions) may sublicense or assign its rights through multiple tiers of sub-licenses or assigns.

No Obligation to Monitor:

Bird Nerd LLC (Avian Fashions) does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Bird Nerd LLC (Avian Fashions) reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, and to block any person from participation in such forums for any reason whatsoever, in Bird Nerd LLC (Avian Fashions)’s sole discretion

No Obligation to Remove:

Bird Nerd LLC (Avian Fashions) is not obligated to remove any content from the Site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Bird Nerd LLC (Avian Fashions) shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made a written agreement, signed by Bird Nerd LLC with differing term agreements or Bird Nerd LLC (Avian Fashions) has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit be published, do not submit it in the first place.

No Endorsement:

Bird Nerd LLC (Avian Fashions) does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.

Company’s Right to Act:

If Bird Nerd LLC (Avian Fashions) discovers communications which allegedly do not conform to any Terms and Conditions of this Site, Bird Nerd LLC (Avian Fashions) may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Bird Nerd LLC(Avian Fashions) will have no liability or responsibility for performance or non-performance of such activities. Bird Nerd LLC (Avian Fashions) reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, over which Bird Nerd LLC (Avian Fashions) has absolutely no control.

V. OTHER TERMS AND CONDITIONS

Governing Law and Jurisdiction : Except for matters governed by the Federal Arbitration Act and federal arbitration law as provided above, any dispute arising out of or related to these Terms and Conditions or the sales transactions between Bird Nerd LLC (Avian Fashions) and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for matters governed by the arbitration provision, above, Bird Nerd LLC (Avian Fashions) and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts or Federal Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts.

Severability: If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California and federal law.

Waiver: The failure of either party to require performance by the other party of any provision of this Agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this Agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement: These Terms and Conditions are the complete and exclusive agreement between Bird Nerd LLC (Avian Fashions) and Customer, regarding Customer’s purchase of products through the Site and Customer’s accessing or use of the Site, including any of the products or services offered by Bird Nerd LLC(Avian Fashions) from the Site, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Bird Nerd LLC(Avian Fashions) and Customer relating to such matters. This Agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

Contact Us: If you need to contact us, please send correspondence to:

Bird Nerd LLC

ATTN: Customer Support

44 Mine Rd, Ste 2-347, Stafford, VA 22554ƒ