Privacy & Legal
Access To This Site
You may be asked to provide certain information to access this site or to access some of the resources on this site. You agree that all of the information you provide on this site will be correct, current, and complete. If Jaybird believes that the information you provide is not correct, current, or complete, Jaybird has the right to refuse you access to this site or any of its resources and to suspend or terminate your access at any time.
All of the contents of this site (the "Contents"), including but not limited to text, illustrations, photographs, graphics, audio files, video files, audio-visual files, and the like, are owned by Jaybird and/or the party that provided the Contents to Jaybird. Jaybird or the party providing the Contents to Jaybird retains all right, title, and interest in the Contents. The Contents of this site, including the selection, arrangement, and look and feel, are protected by the copyright and trademark laws of the United States and by international treaties and conventions.
You may not access, download, or use this site or any of its Contents in violation of the export laws and regulations of the United States or any other applicable law.
Your purchase of products from this site is governed by the Terms and Conditions of Sale. By purchasing any products from this site, you agree to be bound by them for each purchase.
Other Restrictions On Use
Links to Other Sites
Jaybird may hyperlink this site to other sites that are not maintained by, or related to, Jaybird. Jaybird provides hyperlinks to other sites as a service to users, and such sites are not sponsored by or affiliated with this site or Jaybird. Jaybird has not reviewed any or all of such sites and is not responsible for any of the contents of those sites. Jaybird makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or sites hyper-linked to this site. All users access any hyperlinks at their own risk. A hyperlink to any third-party site does not imply endorsement by Jaybird of that site.
While the reach of the Internet is global, some or all of Jaybird"s products and services may not be available in some countries because of differences in applicable laws and regulations. For that reason, this site may contain references to Jaybird products or services that are not available in your country. Jaybird makes no representation, express or implied, that any such products or services will hereafter be made available in your country. You may direct inquiries regarding the availability of products to JayBird Gear LLC 2825 East Cottonwood Parkway Suite 500 Salt Lake City UT 84121, USA. Ph: 801-803-5700.
Jaybird welcomes your comments and suggestions. Please be advised, however, that Jaybird will not be required to treat any comments, suggestions, ideas, materials, information, or other content that you submit to Jaybird through this site (a "Submission") as confidential or proprietary. You should not make any Submission that contains any materials, information, ideas, or other content that you do not want to assign to Jaybird for its sole benefit and use, including any original ideas, works, or materials or any confidential information. By making a Submission, and as consideration for your use of this site, you agree to assign to Jaybird, without charge or remuneration, all worldwide right, title, and interest (including all copyrights and other intellectual property rights in any and all forms, media, and technologies now known or hereafter developed) in all materials, ideas, information, and other content that are contained in your Submission. As owner of all Submissions to this site, Jaybird may use, reproduce, modify, adapt, publish, translate, distribute, perform and display any and all content thereof in its business (including, for example, for products or advertising) and in its other endeavors, without incurring any liability for royalties or for any other compensation or consideration of any kind.
Jaybird cannot and does not guarantee or warrant that files or other content available for download from the Internet, including but not limited to this site, will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means outside of this site for reconstructing any lost or corrupted data. Jaybird does not assume any responsibility, risk, or liability for your use of the Internet, including but not limited to this site.
The Contents of this site are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, notices, or other materials provided by Jaybird. Investors, borrowers, and other persons should use the Contents in the same manner as any other educational medium and should not rely on the Contents to the exclusion of their own judgment. Information obtained by using this site is not exhaustive and not meant to be exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals or particular needs.
YOU USE THIS SITE AT YOUR OWN RISK. ITS CONTENTS ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. JAYBIRD HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAYBIRD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF USE, OF THE CONTENTS OF THIS SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS, AND JAYBIRD MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT JAYBIRD, ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY TREAMENT, SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENTS. JAYBIRD ASSUMES NO RESPONSIBILITY OR LIAILITY FOR ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENTS OF THIS SITE. ANY WARRANTIES THAT ARE IMPLIED BY APPLICABLE LAW BUT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD ALLOWED BY APPLICABLE LAW.
All of the information on this site, whether historical in nature or forward-looking, speaks only as of the date that Jaybird posts the information on this site, and Jaybird undertakes no obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate, up-to-date, or complete.
Limitation Of Liability
JAYBIRD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, AND/OR EMOTIONAL DISTRESS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE, EVEN IF JAYBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JAYBIRD AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$100 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO JAYBIRD FOR THE APPLICABLE CONTENTS OR SERVICES OUT OF WHICH LIABILITY AROSE, WHICHEVER IS GREATER.
All of the product names, trade names, slogans, logos, and other trademarks and service marks (collectively "Marks") appearing in this site are the property of Jaybird, unless otherwise noted. Jaybird retains any and all rights in its Marks, and you may not use any of those Marks without the prior written authorization of Jaybird, except for the sole purpose of properly identifying products or services originating from Jaybird. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, Jaybird without Jaybird"s express prior written consent. iPod is a trademark of Apple Computer, Inc., registered in the U.S. and other countries. Bluetooth is a trademark owned by Bluetooth SIG, Inc. USA, and licensed to JayBird Gear LLC.
Information You Provide
You may not post, send, submit, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone-s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Last updated: September 5th 2007
1. COLLECTION OF INFORMATION
A. Purpose. The information we learn from customers allows us to personalize and continually improve the total shopping experience at jaybirdgear.com. Here are the types of information we gather. B. Types.
a. User Supplied Information. We receive and store any information you enter on our Web Site or give us in any other way. Information that we collect can be: items searched for, name and address (to fulfill an order placed), e-mail address, items stored in a wanted item list, buying and searching patterns, gift registries, any reviews submitted and accompanying information, credit card information supplied, shipping information, and financial information, which may include Social Security numbers and Driver"s License numbers. This list is not exclusive, and may be altered without notice based on information that you supply voluntarily.
b. Right to Refrain from Giving Information. You have the right to refrain from giving us certain information, but then you might not be able to take advantage of all of our features or order our products.
d. E-mail Communications. We communicate and make special offers available via email. To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from jaybirdgear.com if your computer supports such capabilities. We often receive email lists from other companies who offer similar services to ours. To avoid sending duplicate emails to our customers, we compare our customer list to these lists received from other companies. If you do not want to receive e-mail or other mail from us, please adjust your e-mail contact preferences.
e. Information from Other Sources. From time to time, we receive information about you from other sources and add it to our account information. Visit the Web Site to see examples of the information we receive.
C. More about Cookies
a. Description. Cookies are alphanumeric identifiers that we transfer to your computer"s hard drive through your Web browser to enable our systems to recognize your browser and to provide enhanced features such as accelerated purchasing, customized and personalized shopping suggestions, personalized greetings, and storage of items in your shopping bag between visits.
b. User Choices. All Web browsers have the ability to accept cookies, reject cookies, or to prompt the user before accepting them. The help portion of the toolbar of you browser will tell you how to select the option that suits you best. However, accepting cookies allows you to take full advantage of some of the best and most advanced features that we have to offer.
2. SHARING OF INFORMATION
a. Third Parties. There will be some transaction that involved a third party. You will clearly be able to tell when a third party is involved in your transactions, and we must share customer information with those third parties to fulfill the order placed by the customer.
b. Agents. Due to the nature of our operation, it is necessary to employ other companies and individuals to perform functions on our behalf. Agents are often used to assist with fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. These agents have access to only the personal information needed to perform their functions, and may not use it for other purposes.
c. Promotional Offers. Occasionally we send offers to selected groups of jaybirdgear.com customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please log into your account and adjust your contact preferences. To take full advantage of the site and the tremendous savings offered, we recommend that you choose to receive these offers.
d. Business Transfers. To improve the offerings and selection at our Web Site, we may sell or buy stores, subsidiaries, or business units in the future. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, you consent otherwise). Also, in the event that JAYBIRD GEAR, LLC, or substantially all of its assets are acquired, customer information will likely be one of the transferred assets.
f. With Your Consent. Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
3. INFORMATION SECURITY
A. Software Used. To protect the security of your information during transmission, we use Secure Sockets Layer (SSL) software, which encrypts information you input.
B. Order Confirmation. We reveal only the last five digits of your credit card numbers when confirming an order. To process an order, it is necessary to transmit the entire credit card number to the appropriate credit card company.
4. USER CHOICES WITH REGARD TO ACCESS OF INFORMATION
A. General. You always have the right to refrain from providing any information. This may have an impact on use of the site and on the ease of making purchases or taking advantage of certain unique features of the site.
C. Cookie Choices. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, affecting the acceptance of cookies means that you may not be able to use such important features as accelerated ordering and customized product suggestions.
We do not sell products for purchase by children. We do sell children"s products, but only for purchase by adults. If you are under 18, you may use jaybirdgear.com only with the involvement of a parent or guardian.
6. SAFE HARBOR
Jaybirdgear.com is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce"s Safe Harbor Web Site. If you would like more information about the Safe Harbor program, please visit the Web Site at http://www.export.gov/safeharbor.
C. Applicability. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
8. INFORMATION YOU GAVE US
A. General. Information is collected from you when you do the following activities: search, buy, participate in a contest or questionnaire, or communicate with customer service.
B. Examples. For example, information would be collected when a user came to the site, searched for a product, placed an order through the site or a site affiliate, added items to your want list, called or e-mailed customer service, completed a questionnaire or a contest entry form, and employ other notification services, such as jaybirdgear.com delivery and jaybirdgear.com sale reminders.
C. Information That Could be Supplied. As a result of any of the above actions, it is possible that you will supply us with such information as your name, address, and phone numbers; credit card information; purchase and shipping recipients, including addresses and phone number; and other financial information required to complete orders.
9. AUTOMATIC INFORMATION
A. General. As discussed earlier, our systems collect information that is sent over the internet without your control.
B. Examples. Some examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features such as bestsellers and product suggestions; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web Site, including date and time; cookie number; and products you viewed or for which you searched.
10. INFORMATION FROM OTHER SOURCES
Occasionally, we supplement the information that we receive that has been outlined above with information from other sources and companies. Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from some searches conducted through the Web search features; search results and links, including paid listings (such as Sponsored Links from Google); and credit history information from credit bureaus, which we use to help prevent and detect fraud.
11. INFORMATION YOU CAN ACCESS
A. General. Information collection and processing is designed to better assist you in shopping and using our site.
B. Examples. You can access some of the information that we collect and process. Examples of information you can access easily at jaybirdgear.com include up-to-date information regarding recent orders; payment settings (including credit card information and gift card information); recommendations (including recent product view history, and prior order history); and shopping lists.
Correction. You can correct some of the information about you that we collect and process by sending us a written request at the following or postal address: JayBird Gear LLC 2825 East Cottonwood Parkway Suite 500 Salt Lake City UT 84121.
Last updated: September 19th 2007