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Disclaimer

DISCLAIMER

Your use of this website and purchases from this website are at your own risk.

To the extent permitted by the applicable law, neither Birdie & Bub Clothing, any of its agents, nor any other party involved in creating, producing, or delivering these products are liable for any damages whatsoever arising out of your access to, or use of, this website, any material from this website, or any products offered on this website. Without limiting the foregoing, this website, the material provided on this website, and the products offered on this website, are provided “AS IS” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, all conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the fullest extent permitted by law. 

Any products and/or services described on this website are offered in jurisdictions where they may be legally offered for sale. The information on the application is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot be legally made, or to any person to whom it is unlawful to make a solicitation.  

Birdie & Bub Clothing makes no representation or warranty that: (1) the website will be compatible with your computer and software; (2) the website will be available or will function without interruption or error; (3) the use of the website, including, without limitation, the browsing and downloading of any information, will be free of any viruses, trojan horses, worms or other destructive, intrusive, or disruptive components; (4) the transmission of information to and from the website will be secure; (5) the use of the website will not infringe the rights (including, without limitation, intellectual property rights) of any person; (6) the use of the website will not cause any damage to your computer systems, software, or electronic files. 

Birdie & Bub Clothing makes no representation or warranty that any materials and/or products purchased from our website are deemed appropriate for the particular needs of the person using the product. It is your sole duty as the purchaser to ensure each product is suitable for wear upon purchase. All materials and/or products purchased from Birdie & Bub Clothing are required to be worn under adult supervision at all times. 

BIRDIE & BUB CLOTHING WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATED TO THE PURCHASE AND/OR USE OF OUR PRODUCTS. 

Unsolicited Ideas

Birdie & Bub Clothing does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Birdie & Bub Clothing, you agree that the idea becomes and remains the sole and exclusive property of Birdie & Bub Clothing without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favour of Birdie & Bub Clothing.

Submission of Photos and Information

If you submit to Birdie & Bub Clothing any information, including but not limited to feedback, data, questions, comments, suggestions, photos, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Birdie & Bub Clothing and your submission of information shall constitute an assignment to Birdie & Bub Clothing of all worldwide rights, titles, and interests in such information. Birdie & Bub clothing will not be liable for any use or disclosure of such information. Birdie & Bub will not have any obligation to store such information or keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Birdie & Bub will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.

Birdie & Bub Clothing welcomes your comments and suggestions on the website and its products, if any, but Birdie & Bub Clothing does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information to Birdie & Bub Clothing, you acknowledge and warrant that Birdie & Bub Clothing may publish such information, use it as part of its operations, and incorporate its concepts in Birdie & Bub Clothing products without liability or compensation to you.

Tax Policy

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for that item. You will not receive a refund for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped.

Errors, Omissions, and Inaccuracies 

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

Colours of Products

We have made every effort to display as accurately as possible the colors of our products that appear on our website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

Promotions

In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Sites may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIRDIE & BUB CLOTHING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITES; OR (F) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITES.

You expressly acknowledge, understand, and agree that Birdie & Bub Clothing has entered into this agreement with you and makes these products available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the bargain between you and Birdie & Bub Clothing.

You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches, the failure of any exclusive remedy, or termination of this agreement.