Effective Date: January 1, 2018
Additional Terms. From time to time certain Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Service, you agree to the applicable Additional Terms. In addition, to the extent you enter or are otherwise eligible for any contest, sweepstakes or other promotion, you may be subject to separate or additional terms and conditions that govern such contest, sweepstakes or other promotion.
Comments. We welcome your comments. However, by sending us any comments, feedback, testimonials, notes, messages, ideas, suggestions, know-how, concepts, techniques, criticisms, reports or other communications (collectively "Comments"), whether oral or written, you hereby grant to Birnn an irrevocable, non-exclusive, fully paid, royalty free, worldwide, sublicensable, transferable, license to reproduce and use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Birnn has no duties to you, with respect to such Comments.
Links. The Services may contain links to third party websites or Internet resources that are not owned or controlled by Birnn. Our provision of a link to any other website or Internet resource is for your convenience only and does not signify our endorsement of such other website or resource or its contents. BIRNN SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE.
Product Information. Most products displayed on or through the Services are available for purchase by registered approved wholesales retailers via the Site. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only for approved sales. Please read our Online Purchase Terms and Conditions for additional terms and conditions.
Disclaimer. THE SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES, AND THAT BIRNN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES. ADDITIONALLY, BIRNN MAY ADD TO, MODIFY, CORRECT, OR DELETE THE INFORMATION ON THE SITE, OR SUSPEND OR CEASE THE PUBLIC AVAILABILITY THEREOF OR THE LIKE, AT ITS OWN DISCRETION AND WITHOUT PRIOR NOTICE. BIRNN ACCEPTS NO LIABILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF ANY ADDITIONS, MODIFICATIONS, CORRECTIONS, OR DELETIONS OF THE INFORMATION ON THE SITE, OR THE SUSPENSION OR CEASING OF PUBLIC AVAILABILITY THERETO, OR THE LIKE.
Inaccuracy Disclaimer. Birnn strives for its Services, Content, and other materials to be accurate. However, from time to time, there may be information available on or through the Services or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Birnn reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. Birnn may, in its sole discretion, cancel any order at any time prior to shipping.
Limitation of Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BIRNN OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SERVICES.
Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Birnn may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Birnn’s liability shall be the minimum permitted under such applicable law.
Changes to Terms. We reserve the right, at our discretion, to change these Terms at any time. Please check the link to this page from our homepage periodically for changes. Those changes will go into effect on the Effective Date disclosed in the changed Terms. The new Terms will apply to all current and past users of the Services and will replace any prior Terms that are inconsistent.