Terms of Services
Thank you for visiting Goodbirb.com ® !
Please read the agreement below before continuing with our services.
GENERAL TERMS - USE OF SERVICES
Please be advised that your willingness to shop on and/or utilize services offered by Goodbirb.com ® constitutes as your agreement and binds you to the following terms and conditions. We reserve the right to revise the terms that govern your use of the Goodbirb.com for any reason, with or without notice.
ANTI-BOOTLEG POLICY / PRODUCT AUTHENTICITY VERIFICATION
Before products are pushed to a live status, the Goodbirb.com ® team requires submission of invoice copies associated to the licensed manufacturers / authorized suppliers from where you obtain the goods being listed on our site.
We apologize for any inconveniences this may cause, as we have an obligation to ensure licensed goods are offered to consumers. Due to the sheer volume of products some vendor partners offer, we only require 1 sample invoice per brand being offered as proof of licensed manufacturer / authorized supplier sources. Individual SKUs may be subject to individual authentication depending on vendor history, and customer reviews / complaints.
(Example: Your offered assortment consists of Banpresto, Nendoroid, Funko Pop, Q Posket, and FREEing. We would need an invoice (with your business name listed) showing the product brand name(s) being sold to your business by the licensed manufacturer / authorized supplier as proof of an existing relationship. Individual SKU may be subject to re-verification at our discretion, based on vendor history)
>> (CLICK HERE) FOR VENDOR INVOICE SUBMISSION / PRODUCT AUTHENTICITY VERIFICATION <<
PENALTIES FOR VIOLATION OF POLICIES
Goodbirb.com ® currently upholds a 3-strike policy for anti-bootleg / unlicensed goods enforcement. If any approved product is deemed to be in violation of our anti-bootleg policy, they will be subject to immediate removal with no advance warning. Any vendors with repeat violations, up to 3 times, may be subject to an account and transaction history review. Repeat offenses may cause the vendor to potentially be disenrolled from the marketplace, vendor account terminated, and future privileges to sell on Goodbirb.com ® revoked indefinitely.
GOODBIRB.COM ® MARKETPLACE VENDOR STORE RETURN POLICY
Each Goodbirb.com ® Marketplace Vendor will have their own return policies outlined within their website / store front. Please resort to the vendor in question where you made your purchase and directly inquire to their customer service. If you cannot reach them for any reason, please email email@example.com. We will make an attempt to reach the vendor on your behalf.
All Goodbirb.com ® purchases are backed by our Buyer Protection Money Back Guarantee, if your order is never received and you can provide proof of tracking, receipt of purchase, and proof of identity.
SUBSCRIPTION BASED RETURN POLICY / MEMBERSHIP CANCELLATION
We will issue a refund towards Premium Club Membership cancellations within 3 business days after cancellation notice is received prior to shipment. If the current subscription cycle had already shipped a refund will be issued within 15 business days after confirmation that the returned goods have been properly received from the member. Refunds to any customer will not be issued until confirmation that returned goods have been received and processed. Product must be in new, unused condition prior to returning. Standard Club Memberships are Non-Refundable. See "Returns Process" below for more details.
*NOTE: The extended 60-days return period only applies to non-subscription based purchases. Any subscription related shipping & handling costs will not be refunded, and return postage is paid by the member for product returns.
PLEASE READ BELOW:
- By using the pre-order or back-order feature you are agreeing to the conditions outlined within our terms & conditions page. All customers will receive an order confirmation via email after order placement. Some customers will receive an update 3 days before their order is ready to be shipped by the advertised timeframe. The final combined total of charges will be equal to the advertised price plus shipping / sales tax (if applicable). Tracking will be provided via email after shipment just like any other order.
- If for whatever reason you would like to cancel your pre-order / back-order you may do so at any time. Pre-order & back-order payments will be refunded within 3-5 business days after a refund request has been initiated, or a cancelation has been made. All order refund requests can be made by emailing customer service at firstname.lastname@example.org
- Please review our "Returns & Exchanges" page for more details, or simply click below.
- We guarantee to answer your request within 3-5 business days
- Pre-orders & back-orders that have already been shipped to the customer must be returned and received by us first before a refund can be issued, and cannot follow the above outlined process. Please follow our standard return policy listed in our terms & conditions once shipped order(s) are received.
NOTE* By purchasing via the Goodbirb.com pre-order / back-order option you acknowledge that you have read the pre-order / back-order Terms & Conditions and disclosure below:
- I have read and reviewed all pre-order / back-order information listed here in the Goodbirb.com ® Terms & Conditions.
- I have reviewed the estimated shipping lead times as advertised in the item description before placing my order, and agree to the terms.
- I agree to have full payment charged up front on the pre-order / back-order placement.
- I acknowledge that payment information may potentially be temporarily stored within the system until final payment is made for my back-order.
- I understand my rights to a pre-order / back-order cancellation and full refunds on payments at any time prior to the shipment of products (3 - 5 business days for refund processing time).
- I acknowledge that orders which have already been shipped out cannot receive a refund until product is returned back to our distribution center.
- I acknowledge I must wait until the product arrives, then follow our standard return policy procedures which includes returning the product to our designated return address with a return request attached.
- By using our pre-order / back-order services you also agree that you have read the following disclosure: *NOTE that we use secured 3rd party payment processing / order collection services to help manage and streamline the pre-order / back-order process for everyone. Goodbirb.com does not own or manage these 3rd party services, and does not hold responsibility towards any system errors or negligence that arises due to the 3rd party softwares / services in question. A full list of all 3rd party order management & order processing services utilized by Goodbirb.com can be provided at anytime by customer request, including full contact details for these services. Please email Inquiries@goodbirb.com with the subject line "I would like a full disclosure of all 3rd party services used for pre-orders / back-orders" and we will provided this list to you within 3-5 business days.
- Our pre-order and back-order systems exist so that customers have the luxury of reserving their item before inventory is available. We know some items can have a high demand in the market, and so we implement a pre-order / back-order system so that all customers will have the opportunity to reserve a piece for themselves.
- All pre-orders & back-orders placed will be charged in full to the customer's card so that the goods can be purchased from the manufacturer in advance.
- Order confirmation will be sent to all customers on initial order placement with estimated shipping timeframes.
- Once the goods have been received within our distribution center we may send an update to you on the estimated shipping timeframe(s).
- After your pre-order / back-order is placed wait times are estimated to be 6-18 weeks depending on the type of product being ordered.
- Expected delivery times after orders are released by our distribution center have been outlined within our "Delivery Time" policy. You may receive updates on estimated shipping timeframes via email after product is received by us.
8 Whatney Unit 100 Irvine, California 92618
GOODBIRB.COM ® OFFICIAL STORE DELIVERY LOCATIONS
We offer tracked domestic delivery to all 50 states in the U.S. excluding U.S. Territories outside of mainland USA.
We currently only offer domestic shipping within the US, and do not offer international shipping services to Canada, Mexico, or U.S. Territories outside of mainland USA (shipments to U.S. Territories would be charged at international rates)
Domestic & International Rates
Shipping rates are calculated based on packaging type, size, weight, and destination. Shipping rates vary depending on the order. More details can be found at check-out. Duty fees are not included with international shipping quotations, when they are available.
NOTE* For all international orders outside of the U.S.A shipping costs may vary depending on market price, distance, type of goods. If you have any preferred methods for international shipments that you know will save you money, please feel free to reach out to email@example.com and we will do our best to accommodate.
GOODBIRB.COM ® OFFICIAL STORE DELIVERY TIME
An estimated delivery time will be provided to you once your order is placed. Delivery times are estimates and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. We will use reasonable commercial efforts to fulfill all orders on the same day every three months. Business day(s) means Monday to Friday. Please note we do not ship on weekends or holidays.
Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.
GOODBIRB.COM ® OFFICIAL STORE SALES TAX
Your total price will include the price of the product plus, shipping, plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
GOODBIRB.COM ® OFFICIAL STORE END-USER GENERATED CONTENT
By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art, or comments) to Goodbird.com® website, Goodbirb.com® social media channels (including, without limitation, Twitter (including # and @ comments incorporating Goodbirb.com®), Facebook and Instagram) and pages dedicated to Goodbirb.com in discussion forums (e.g., Reddit), you grant Goodbirb.com® a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Goodbirb.com®. You acknowledge and agree that you are solely responsible for all the user data that you make available through such means. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Goodbirb.com® the required rights to disseminate any user data, and (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Goodbirb.com ®'s use of your uploaded data (or any portion thereof) on, through or by the means of Goodbirb.com® will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
If you have any questions about the delivery and shipment or your order, please contact us at firstname.lastname@example.org
We take protecting our customers from fraud very seriously, and reserve the right to flag and online orders we deem suspicious or potential fraudulent activity. This in turn may cause delays in any orders flagged until verification / authentication of the user account is completed. To prevent potential order flagging please make sure to have a valid, residential or P.O. box address listed within your account that is registered with the post office as a deliverable address. This must be an address you are directly associated to or have reasonable access to.
TERMS OF SERVICE
The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms & Conditions. If you do not agree to the Terms & Conditions, you are not authorized to access our website, use any of our website’s services or place an order on our website.
USE OF OUR WEBSITE
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Terms & Conditions.
Goodbirb.com ® Official Store reserves the right to refuse service to anyone, at any time, for any reason. Goodbirb.com ® reserves the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
All purchases through our website are subject to product availability.
Goodbirb.com ® Official Store may, in their sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Prices for products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in United States dollars (USD).
Goodbirb.com ® Official Store reserves the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
Goodbirb.com ® Official Store does not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and design of our products are displayed as accurately as possible on our website, but you acknowledge that the actual delivered product may vary from it as displayed on our website.
Please refer to each subscription’s terms and conditions page respectively for more information.
LINKS TO THIRD-PARTY WEBSITES
Links from or to websites outside our website are meant for convenience only. Goodbirb.com ® Official Store does not review, endorse, approve or control, and are not responsible for any sites linked from or to our website(s), the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
USE COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
YOUR PERSONAL INFORMATION
ERRORS AND OMISSIONS
Please note that Goodbirb.com ® Official Store website(s) may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our website, except as required by law.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
The Terms and any documents expressly referred to in them represent the entire agreement between you and Goodbirb.com ® Official Store in relation to the subject matter of the terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Goodbirb.com ® Official Store's failure(s) to exercise or enforce any right or provision of the terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any headings and titles herein are for convenience only.
If any of the provisions of the terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
GOVERNING LAW PT.1
GOVERNING LAW PT.2
Please send all questions, comments and feedback to us at email@example.com (Corporate Identity: Kawa Media Group, LLC)
Goodbirb.com ® Official Store collects, uses, and discloses personal information to provide you with the product or service you have requested and to offer you additional products and services we believe you might be interested in. The purposes for which we collect personal Information will be identified before or at the time we collect the information. In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address and payment information is provided as part of the order process.
Knowledge and consent are required for the collection, use or disclosure of Personal Information except where required or permitted by law. Providing us with your Personal Information is always your choice. However, your decision not to provide certain information may limit our ability to provide you with our products or services. We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of a product or service, except as required to be able to supply the product or service.
The Personal Information collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Information from you in person, over the telephone or by corresponding with you via mail, facsimile, or the Internet.
Personal Information may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law. Personal Information will only be retained for the period of time required to fulfill the purpose for which we collected it or as may be required by law. We may, however, provide your contact information, including your email address, to other third parties, that may have interest in contacting you, to the fullest extent permitted by law. We may also provide your personal information in connection with the sale or merger of our business.
Personal Information will be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is to be used.
Personal Information will be protected by security safeguards that are reasonably appropriate to the sensitivity level of the information. We take all reasonable precautions to protect your Personal Information from any loss or unauthorized use, access or disclosure.
In our sole discretion, upon request, you will be informed of the existence, use and disclosure of your personal information. You may verify the accuracy and completeness of your personal information, and may request that it be amended, if appropriate. However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security or commercial proprietary restrictions.
Cookies are widely used and most web browsers are configured initially to accept cookies automatically. You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Kawa Media Group, LLC. agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Goodbirb.com or Kawa Media Group, LLC's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances KAwa Media Group, LLC may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate , the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Kawa Media Group, LLC. must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Kawa Media Group, LLC. will pay all other administrative costs and fees. In addition, for claims of less than $1,000, KAwa MEdia Group, LLC. will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Orange County, California, or any other location we mutually agree to, subject to California law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Kawa Media Group, LLC., and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Kawa Media Group, LLC. The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Kawa Media Group, LLC. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND KAWA MEDIA GROUP, LLC. WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
CHOICE OF LAW/FORUM SELECTION. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in California or federal court of competent jurisdiction in the District Court of California.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
USER PERSONAL INFORMATION
ERRORS, INACCURACIES AND OMISSIONS BY USERS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES OF OUR SERVICES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Goodbirb.com, Kawa Media Group LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Goodbirb.com, Kawa Media Group LLC, and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Orange County, California, USA.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
GOODBIRB.COM CONTACT INFORMATION
If you have any questions or concerns, please reach out to the following contacts:
For customers who have purchased products: firstname.lastname@example.org
For creators / licensors who utilize our manufacturing and distribution services: email@example.com