Welcome to the Avian Control®, Inc. website. Avian Enterprises (“we”, “us”, “our”) owns and operates this site from its offices in Sylvan Lake, State of Michigan, US, and provides access to the site subject to the following terms and conditions of use (the “Agreement’). Please read the entire Agreement carefully, as these terms and conditions will govern your use of the site, and may have changed since your last visit to this site. If you do not agree to be bound by this Agreement, you may not access, use or download any materials from this site.
Please be advised that use of the Avian Control® Bird Repellent is not for everyone. For instance, no one under the age of 18 may use Avian Control® without expressed parental consent. Please see our product literature and package insert for full details.
Our information here is general in nature and is provided for informational purposes only. It is under no circumstances a substitute for professional agricultural or legal advice.
2. Use For Improper Purposes Is Prohibited
Notwithstanding any other rights or restrictions in this Agreement, you may not use this website to: (1) transmit via or through the site any information or data of any kind and in any form, except in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses or any harmful code onto the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person; or (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
This site and all its contents are owned by us and protected by our copyrights and other intellectual property laws. Access to this site does not allow you or anyone else to modify, copy, reproduce, republish, upload, post, transmit or distribute any of this content, in whole or in part, in any medium. This includes use of any element of this site by means of framing, deep linking or mirrors. We do allow you to download materials from our site for your own personal, non-commercial use, but if you use or display any of the content for that limited use, you must attach the written notation, "Used by permission of Avian Enterprises, all rights reserved."
2. Our Trademark Rights
Trademarks, service marks and logos displayed on this site are our registered and unregistered trademarks. Access to this site does not grant you any license or right in and to such marks or logos, directly or by implication, estoppel, or otherwise, and your use of any such marks or logos is strictly prohibited.
WARRANTY: NOTICE: The directions for use of this product are believed to be adequate and must be followed carefully. To the extent consistent with applicable law, Avian Enterprises, LLC, does not make, nor does it authorize any agent or representative to make any oral or written warranty, guarantee, or representation, express or implied, concerning this material or the use thereof beyond the statements of the label. To the extent consistent with applicable law, neither Avian Enterprises, LLC nor the seller shall be held responsible in any manner for any claim of personal injury or property damage or loss resulting from handling, storage, or use of this material not in accordance with the written directions. To the extent consistent with applicable law, the buyer assumes all risk and liability resulting from handling, storage, or use, or purchaser accepts and uses this material on these conditions. No other warranty exists.
OBTAINING A REFUND UNDER THE WARRANTY
No-Hassle Return Policy
Returning items to AvianControl.com is easy. Returns must be received WITHIN 60 days from the date of purchase.
To return an item, you must call or email Avian Control and receive authorization for return.
The customer is responsible for any return shipping & handling fees, unless your order was damaged during shipment, and we are notified within 1 business day of the confirmed delivery date. Be sure to check your package and items for damage as soon as they arrive and before the delivery driver leaves whenever possible.
To qualify for a refund, items must be returned unopened, in their original condition, including the original packaging and all tags, labels, containers, documentation, etc. A refund will be made on the purchase price of the product. Original shipping charges will not be refunded unless the merchandise was damaged during shipment.
Do not mark or deface original manufacturer containers in any manner. We will not accept returns if packaging is opened or not in its original condition - we will return such items to you. If you reject that return shipment, we reserve the right to liquidate the inventory and withhold credit.
2. Disclaimer of Warranties in Website
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIM ANY OBLIGATION TO UPDATE SAID INFORMATION. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
3. Limitation of Liability for Website Use
YOU WILL USE THIS SITE AT YOUR SOLE RISK. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS ARE NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND WHATSOEVER, AND HOWSOEVER ARISING, EX CONTRACTU OR EX DELICTO, THAT OCCUR FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
4. Limitations Period, Savings Provision, Limitation On Damages
Any claim against us arising under or in connection with your use of this site shall lapse and be barred if not brought within six months after your first alleged injury or damage first occurs. If any part of the disclaimers or limitations of liability in this Agreement is found to be invalid or unenforceable for any reason, the remainder of the Agreement shall continue in force, and our aggregate liability under such circumstances for a single incident, regardless of the number of persons sustaining injury or damage, shall not exceed one hundred dollars ($100.00) If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability, disclaimers and exclusions of warranties and damages set forth in this agreement shall remain in effect.
By using this website, you agree to indemnify, hold harmless and defend us from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this website.
6. Choice of Venue, Choice of Law, Compulsory Arbitration, Equitable Remedy
These terms and conditions will be governed by and interpreted under the law of the State of Michigan, except its choice of law provisions. All disputes arising out of or relating to these terms and conditions shall be finally resolved by statutory arbitration in Sylvan Lake, Michigan, U.S.A., by a single arbitrator appointed under and operating under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration, but the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration as may be determined by the arbitrator. All decisions of the arbitrator shall be final and binding on both parties and enforceable in the Oakland County, Michigan Circuit Court. However, if we are entitled to injunctive relief or any other equitable remedy we may seek and obtain every such remedy from the Oakland County Circuit Court or another court of competent jurisdiction, without first participating in arbitration.
7. Promotions and Specials
Promotions are valid for 10% off. OFFER IS VALID ON PURCHASES 3/16/16 - 4/1/16 ON AVAILABLE ONLINE STOCK ONLY. Offer must be presented at time of purchase. Limit one offer per customer.
We may alter, suspend, or discontinue this website in whole or in part, at any time and for any reason, without notice, or the site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Nothing on this site is, or should be interpreted as, a solicitation to participate in or invest in our company, or to have any relationship with us of any kind other than as a customer for the products we make and sell.
2. Entire Agreement
These terms and conditions constitute the entire agreement between the parties relating to the subject matter herein.
We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.