Terms of service

Terms of Use for Buoy Bird Apparel

Last Updated: [05/02/2024]

Welcome to Buoy Bird Apparel! Please read these Terms of Use carefully before using the Buoy Bird Apparel website, mobile application, or any other products, services, or content provided by Buoy Bird Apparel. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Ownership and Intellectual Property

Buoy Bird is a registered trademark owned by Matthew Miles Mattina and is protected by copyright, trademark, and other intellectual property laws. All content, including but not limited to, designs, logos, images, text, and other materials displayed on our Services are the exclusive property of Buoy Bird and may not be reproduced, copied, distributed, or used in any way without our prior written consent.

2. License to Use our Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes only. You agree not to use the Services for any commercial purposes, to resell any products purchased through our Services, or to infringe upon our intellectual property rights.

3. User Conduct

You agree not to engage in any activity that violates any applicable law, regulation, or these Terms. Additionally, you agree not to:

a. Copy, reproduce, distribute, or create derivative works from our Services or any content available on our Services;b. Use our Services for any illegal or unauthorized purpose;c. Attempt to gain unauthorized access to our Services or any user accounts;d. Use our Services in a way that may harm or disrupt the operation of our Services or the servers on which our Services are hosted;e. Use any automated system, such as robots or crawlers, to access, collect, or harvest data from our Services.

4. Disclaimers and Limitation of Liability

Our Services are provided on an "as is" and "as available" basis. We make no warranties, expressed or implied, and hereby disclaim any and all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, lost profits, loss of data, or other damages arising from your use of our Services.

5. Indemnification

You agree to indemnify, defend, and hold harmless Buoy Bird Apparel, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our Services or your violation of these Terms.

6. Changes to these Terms

We reserve the right to modify or update these Terms at any time and for any reason. It is your responsibility to review the Terms periodically to stay informed of any updates. Your continued use of our Services constitutes your acceptance of any changes to the Terms.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States without regard to its conflict of law provisions. Any disputes arising under or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in the United States of America.

8. Messaging Terms

9. Contact Information

Mobile Terms of Service

Buoy Bird Apparel

Last updated: May 10, 2024

The Buoy Bird mobile message service (the "Service") is operated by Buoy Bird Apparel (“Buoy Bird”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Buoy Bird’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Buoy Bird through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Buoy Bird. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18336974087 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Buoy Bird mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18336974087 or email buoybirdapparel@gmail.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

If you have any questions or concerns regarding these Terms, please contact us at buoybirdapparel@gmail.com or (707)533-3116.