TERMS AND CONDITIONS FOR ONLINE SALE OF PRODUCTS
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, OR (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FREEBIRD FINANCIAL LLC.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.freebirdfinancial.us(the "Site"). These Terms are subject to change by Freebird Financial LLC doing business as Freebird Financial (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any products that are available through this Site.
Prices and Payment Terms -
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.
Returns and Refunds - NO REFUNDS. Because you will already have the product and there are no mulligans in the online course game.
Limitation of Liability -
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Our website is not intended to constitute specific legal, tax and/or accounting advice or to be a substitute for advice from qualified legal counsel or other tax or accounting professionals. Our website may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. If you have a specific tax, accounting, or legal question you should seek advice from the appropriate professional.
GOODS NOT FOR RESALE - YOU REPRESENT AND WARRANT THAT YOU ARE BUYING PRODUCTS FROM THE SITE FOR YOUR OWN USE, AND NOT FOR RESALE OR EXPORT.
DISCLAIMER OF WARRANTIES - UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, FREEBIRD FINANCIAL LLC MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE TEMPLATES OR DIGITAL PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. you ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY FREEBIRD FINANCIAL LLC, OR ANY OTHER PERSON OR ENTITY ON FREEBIRD FINANCIAL'S BEHALF.
Use and Ownership - You acknowledge and agree that:
(a) YOU DO NOT OWN THIS PRODUCT. YOU SIMPLY HAVE A LICENSE TO USE THIS PRODUCT FOR THE LIMITED COMMERCIAL PURPOSES OF ESTABLISHING A WRITTEN AGREEMENT BETWEEN YOU AND YOUR CUSTOMERS IN YOUR ORDINARY TRADE. YOU MAY NOT RESELL OUR PRODUCTS FOR ANY REASON. IF YOU RESELL OUR PRODUCTS FOR ANY REASON, YOU EXPLICITLY AGREE THAT WE MAY AVAIL OURSELVES TO AN INJUNCTION AND THAT WE ARE PERMITTED TO SEEK PUNITIVE DAMAGES FOR WILLFUL MISCONDUCT.
(b) You will comply with all terms and conditions of the specific license agreement for any product you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
(c) Freebird Financial LLC is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to your limited license to use our products solely for memorializing your contractual relationship with your customers or clients. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
Governing Law and Jurisdiction - All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
Assignment - You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 6 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers - The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Freebird Financial LLC.
No Third-Party Beneficiaries - These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices -
(a) To You - We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email. It is your responsibility to keep your email address current.
(b) To Us - To give us notice under these Terms, you must contact us as follows: (i) by email transmission to info@freebirdfinancial.us; or (ii) by personal delivery, overnight courier or registered or certified mail to our business address.
Severability - If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement - Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.