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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of aJay Holdings LLC. The collective work includes works that are licensed to aJay Holdings LLC. Copyright 2003, aJay Holdings LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with aJay Holdings LLC or purchasing aJay Holdings LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with aJay Holdings LLC or to purchase aJay Holdings LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by aJay Holdings LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of aJay Holdings LLC used in the site are trademarks or registered trademarks of aJay Holdings LLC
Minimum Order Quantity
eFowl.com reserves the right to accept or reject to the order in to ensure safe shipping of the birds. If an order is placed which is not a safe shipment according to our judgement, we reserve the right to reject the order and refund any payments made by the customer.
Refund Policy
eFowl.com will enact a refund in the event of an order cancellation, or the enactment of a guarantee. We will never refund more than the original payment amount. Under no circumstances will eFowl.com or aJay Holdings LLC compensate anyone for any circumstance above the original order amount.
Cancellation Policy
eFowl.com will cancel any order up to 24 prior to the shipment date. In the event of an order cancellation, eFowl.com will charge a 10% restocking fee. Thus, the customer will receive 90% of the original order amount in the event that he or she cancels his or her order.
Order Change Policy
eFowl.com will not change and order once it has been placed. We will simply offer to cancel the order such that the customer can replace it. This will result in a restocking fee, as well as a new order shipping date.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, aJay Holdings LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. aJay Holdings LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. aJay Holdings LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
aJay Holdings LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if aJay Holdings LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a aJay Holdings LLC product is mistakenly listed at an incorrect price, aJay Holdings LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. aJay Holdings LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, aJay Holdings LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by aJay Holdings LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
aJay Holdings LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to aJay Holdings LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of aJay Holdings LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of aJay Holdings LLC products) must be commenced within one (1) year after the claim or cause of action arises. aJay Holdings LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. aJay Holdings LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a aJay Holdings LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
aJay Holdings LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, aJay Holdings LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, aJay Holdings LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to aJay Holdings LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless aJay Holdings LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, aJay Holdings LLC may link to sites operated by third parties. However, even if the third party is affiliated with aJay Holdings LLC, aJay Holdings LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of aJay Holdings LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, aJay Holdings LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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