Terms and Conditions



Greystar Products, Inc., a California corporation (hereinafter “We” or “Us”) is a distribution and marketing company based in Orange County, California. We provide and maintain an Internet Web site (the "Site") under the name “birdsafe.com”, with related tools and processes, to market and sell birdsafe products, including disposable bird feeders, and provide information related to the feeder and feeding birds (the “Services”). Access to the Services and use of the Site are provided to you (hereinafter “User” or “you”), to enable you to participate in Site offerings and purchase products. All use of the Site and Services by you are under the terms and conditions set forth in these Terms of Use (“Terms”).

1. ACCEPTANCE OF TERMS OF USE AND AMENDMENTS

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you (“Terms”). In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms. Please read the site’s Privacy policy, which is incorporated within these Terms by reference.


2. THE SITE SERVICES

This Site and the Services provided to you on and via this Site are provided on an “AS IS” basis. You agree that We reserve the right to modify or discontinue provision of this Site and its Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.


3. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS

In order to use this Site or certain parts of it, you may be required to register for a user account on this Site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of use, including any amendments made by the site editor that are published herein.


4. PRIVACY POLICY

Registration data and other personally identifiable information that the Site may collect is subject to the terms of the Site’s Privacy policy.


5. REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password.


6. YOUR CONDUCT

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this Site may expose you to content that may be objectionable or offensive. We will not be responsible to you in any way for content displayed on this Site, nor for any error or omission.

By using this Site or any Service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor’s prior written consent;

(e) you will not provide any content that may give rise to the Our being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.


7. PRODUCT RETURN POLICY

Like many retailers, We provide warranties for our products. If an item dos not meet its express warranty, simply return the item for exchange, refund, or credit. Our warranties are contained with the product. If you have any questions about our warranty, please, email us at support@birdsafesystem.com, or call us at (949) 276-2148 (Local & International).

Returns and exchanges can be made by mail as follows:
Within the US: Returned items must be sent via insured, prepaid Regular US Mail. Ensuring your return allows you to track your parcel with the US Postal Service. Please Note: We cannot accept CODs or courier deliveries.

Outside the US: Ship goods prepaid, by insured ground shipping. To avoid unnecessary delays, please write “U.S. Goods returning” on the outside of the package.

Please Note: Do not return items by UPS or other carriers, as duty and / or brokerage fees will be charged, and your return will be refused by Us.

If you are requesting an exchange, please remember to include sufficient payment for the return postage. Where applicable, please contact your local customs office for information about any taxes or duties that may be assessed on a return shipment.


8. THIRD-PARTY SERVICES

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.


9. INDEMNIFICATION

You agree to indemnify and hold harmless Us and Our representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this Site or Service, your violation of these Terms, or any other violation by you of the rights of another person or party.


10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND OF ANY SERVICES OR CONTENT PROVIDED IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT WE WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

Certain products sold by Us on this Site may have expressed warranties and such warranties are not superceded by the foregoing.


11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE THE SITE OR SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

12. RESERVATION OF RIGHTS

We reserve all of the Site and Our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of Our rights. and property requires Our prior written consent. By making Services available to you, We are not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site or provided services without Our prior written consent.


13. NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, We may be contacted via:

e-mail to the site administrator


14. APPLICABLE LAW

You agree that these Terms and any dispute arising out of your use of this Site or products or Services provided will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws provisions. By registering for a user account on this Site, or by using this Site and the Services it provides, you accept that jurisdiction is granted to the courts of the State of California, County of Orange, and that any disputes will be heard by the said courts.


15. GENERAL INFORMATION

(i) In the event that any provision of these Terms is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this Site or its Services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) We may assign the Our rights and obligations under these Terms; in this event, We will be relieved of any further obligation.