to Thunderbird Concepts.com (the "Site"). Please review the
following terms and conditions (the "Terms and Conditions")
that govern your use of, and purchase of products from, the Site. Please
note that your use of the Site constitutes your agreement to follow and
be bound by the Terms and Conditions. If you do not agree with the Terms
and Conditions, please do not use the Site.
The Site is operated by Thunderbird Concepts Inc. doing business
as Thunderbird Concepts. You may contact Thunderbird Concepts by email. Contact Page
and Conditions Subject to Change
Thunderbird Concepts reserves the right to update or modify the
Terms and Conditions at any time without prior notice to you. We recommend
that you periodically review the Terms and Conditions for any changes.
By using the Site, you agree to be bound by the Terms and Conditions,
as amended from time to time.
Thunderbird Concepts reserves the right to change, move or delete
portions of, or add to, the Site from time to time without prior notice
Any and all returns are subject to 15% restocking fee plus any
freight charges that may apply.
of the Site
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, and written and other materials that appear
on the Site (collectively, the "Content") are subject to trademark,
service mark, copyright and/or other intellectual property rights under
United States law and international law or licenses held by Thunderbird
Concepts or by third parties who have licensed their materials to Thunderbird
Concepts . Thunderbird Concepts owns the copyright in the Site, including
the selection and arrangement of the Content. No right, title or interest
in the Content is transferred to you as a result of your use of the Site.
Visitors to the Site may not reproduce, distribute, replicate or transmit
the Content without the express written permission of Thunderbird Concepts,
except for materials downloaded, printed or stored for personal, non-commercial
uses. Any materials downloaded, printed or stored for personal, non-commercial
uses must retain any copyright, trademark or other proprietary notices
Third Party Websites
For your convenience, Thunderbird Concepts may provide links to websites
that are owned and operated by third parties which we think may be of
interest to you. However, Thunderbird Concepts does not endorse the content
on those sites and does not regularly review materials on these linked
third party websites. Therefore, you view any third party websites linked
from the Site at your own risk.
The prices displayed on the Site are quoted in United States dollars.
Prices are subject to change without notice.
THE SITE, ALL THE CONTENT THEREIN, THE SERVICES AND THE PRODUCTS OFFERED
FOR SALE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THUNDERBIRD CONCEPTS AND ITS AFFILIATED
ENTITIES AND SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ALL THE
CONTENT THEREIN, THE SERVICES AND THE PRODUCTS OFFERED FOR SALE THROUGH
THE SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THUNDERBIRD CONCEPTS AND ITS AFFILIATED
ENTITIES AND SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION
ON THE SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE WILL OPERATE
WITHOUT INTERRUPTION OR ERROR.
THUNDERBIRD CONCEPTS AND ITS AFFILIATED ENTITIES AND SUPPLIERS MAKE NO
REPRESENTATION THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE OR
APPROPRIATE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES.
Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS
AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED
WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE
IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT THUNDERBIRD CONCEPTS
AND ITS AFFILIATED ENTITIES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE.
ADDITIONALLY, THUNDERBIRD CONCEPTS AND ITS AFFILIATED ENTITIES AND SUPPLIERS
ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO ANY
OF THE CONTENT ON THE SITE, OR THE SERVICES AND PRODUCTS OFFERED FOR SALE
THROUGH THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES
AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, INCOME
OR PROFITS), WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), IN STRICT
LIABILITY, UNDER WARRANTY OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE
OF THUNDERBIRD CONCEPTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOW OF THE
POSSIBILITY OF SUCH DAMAGES. THUNDERBIRD CONCEPTS AND ITS AFFILIATED ENTITIES
AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES
AS A RESULT OF YOUR NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS DEEMED ACTIVE
OR PASSIVE AND WHETHER OR NOT IT IS THE SOLE CAUSE OF ANY SUCH DAMAGE,
LOSS OR EXPENSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID
OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THUNDERBIRD
CONCEPTS AND ITS AFFILIATED ENTITIES AND SUPPLIERS UNDER SUCH CIRCUMSTANCES
FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
IF YOU ARE DISSATISFIED WITH THE SITE, ANY OF THE CONTENT, THE SERVICES
OR THE PRODUCTS OFFERED FOR SALE THROUGH THE SITE, OR WITH THE TERMS AND
CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE
IS AT YOUR SOLE RISK.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THUNDERBIRD CONCEPTS AND ITS AFFILIATED
ENTITIES AND SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES,
COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED
TO YOUR USE OF THE SITE.
Violation of Terms and Conditions and Applicable Law
Use of the Site is subject to the Terms and Conditions as well as applicable
federal, state and local law. Thunderbird Concepts reserves the right
to terminate or suspend your access to the Site if we determine that you
fail to comply with the Terms and Conditions or if you violate and applicable
federal, state or local law.
GOVERNING LAW; JURISDICTION; VENUE
THE TERMS AND CONDITIONS WILL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT
OF LAW PROVISION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION
OTHER THAN THE STATE OF CALIFORNIA, AND THE FEDERAL AND STATE COURTS OF
THE STATE OF CALIFORNIA WILL HAVE THE EXCLUSIVE JURISDICTION AND VENUE
TO ENFORCE THE TERMS AND CONDITIONS. YOU AGREE NOT TO ASSERT, BY WAY OF
A MOTION, AS A DEFENSE OR OTHERWISE, IN ANY SUIT, ACTION OR PROCEEDING
ARISING FROM THE TERMS AND CONDITIONS THAT YOU ARE NOT PERSONALLY SUBJECT
TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR
PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE
SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THE TERMS AND CONDITIONS
MAY NOT BE ENFORCED IN OR BY THE ABOVE-NAMED COURTS.