Liability Limitation & Indemnity
Should any liability arise due to actions by Bird Spikes Store representatives, regardless of whether or not any loss, damage, or injury was caused or contributed by Bird Spikes Store negligence, such liability will not exceed the amount of $97.
Bird Spikes Store representatives and its distributors make no assertions or assurances that any Bird Spikes Store products designed to prevent injury(s) or loss. Bird Spikes Store is not responsible or liable for any injury, loss or damage caused by anyone.
To the fullest extent permissible by law, Bird Spikes Store shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any indirect, consequential, special, incidental, punitive, or exemplary damages or losses, arising out of your use or inability to use the product, including but not limited to interruptions or delays, regardless of the type of claim or the nature of the cause of action, even if Bird Spikes Store has been advised of the possibility of damage or loss. To the fullest extent permissible by law, Bird Spikes Store maximum aggregate liability shall not exceed the amount that you have paid for the goods to which the liability relates.
To the fullest extent permissible by law, if you are dissatisfied with the product, fulfillment of any order, do not agree with any part of this agreement or have any other dispute or claim with or against Bird Spikes Store, your sole and exclusive remedy is to discontinue using the product. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the extent applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, the foregoing limitation may not apply to you.
Except in the case of Bird Spikes Store willful misconduct or fraud, you understand and expressly agree that your use of the Bird Spikes Store product is at your sole risk and that to the extent permitted by law, you will be solely responsible for any damage to you, your property or any third party or their property arising from use of the product.
Bird Spikes Store shall not be responsible for shipping or fulfillment delays, the cancellation of any transaction or the unavailability of any product.
The person using the Bird Spikes Store unit indemnifies all representatives and distributors of the Bird Spikes Store from and against all claims, lawsuits, including legal fees, and losses asserted against and alleged to be caused by the Bird Spikes Store. This includes any and all claims for contributory liability and/or subrogation. Indemnification and subrogation rights extends to include any and all third party beneficiaries of the Bird Spikes Store user. The product is not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any jurisdiction or country that would subject Bird Spikes Store or its licensees or affiliates to any registration requirement within such jurisdiction or country.
The services and content are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. Bird Spikes Store shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorized activities of third parties.
The information on this Bird Spikes Store website is provided in good faith on an “as is” basis. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our website. We do not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website.
If our website does not satisfy the laws of a country , then residents of that country should not use our website.