Terms & Conditions

PLEASE READ THESE TERMS OF SALE AND LEGAL TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE YOU CREATE AN ACCOUNT, USE THE SITE OR MAKE A PURCHASE.

WELCOME, we (“Chickadee Tech”) pride ourselves on manufacturing innovative technology products (“Products”) and providing great services for your enjoyment.

THIS WEBSITE.

All web pages available at chickadee.tech and all linked pages and subdomains (“Site”) are owned and operated by Chickadee Tech LLC a Washington state limited liability company. To access and use this Site to purchase Products or to use any of the now or in the future offered services (see below for terms controlling offered services) you must consent to these Terms as well as our privacy terms (“Privacy Policy”). These Terms including the Privacy Policy and all other identified terms are collectively known as the “Agreement” and shall control for purposes of Product purchases as well as using this Site or our offered services, and the sharing of any information. To make things simple, your access and use of this Site and any offered services regardless of purchases shall demonstrate your acceptance and agreement to these Terms. If you do not agree, please do not use this Site or any offered service. If you have any questions or concerns, feel free to contact us.

ACCOUNT REGISTRATION.

Creating an account with us is optional, however, in order to access the full set of Products and use any of the offered services you will need to create an account with us. For more information and to set up an account please go to https://chickadee.tech/login.

TERMS AND CONDITIONS FOR PURCHASING PRODUCTS.

This Site has been created and is integral to the sale of our Products and the offering of our services.

The Products offered and purchased through this Site are strictly intended for legal use only and are subject to U.S. laws and regulations concerning sale and export of products outside of the U.S. We work hard to ensure that information about our Products as seen on this Site are complete, accurate and current. Despite our efforts, the information may occasionally be inaccurate, incomplete or out of date. We reserve the right to discontinue any Product or offered service at any time. Any offer for a Product on our Site or use of an offered service, is void where prohibited.

All features, content, specifications, and prices of Products described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our Products. Certain Products available through this Site may have limited quantities and are subject to return or exchange only according to our return policy (below).

ORDERING.

You may order Products after creating an account and following the ordering process. Upon ordering you will receive a confirmation e-mail from us acknowledging our receipt of your order. Please note this does not mean your order has been accepted. Your order constitutes an offer to us to buy the identified Product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product(s) has been shipped. We will not process your order until payment has been received in full. If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed, you will be unable to amend your order. If your order has already been shipped, please return the Products to us in accordance with our return policy.

PAYMENT.

We only accept credit card. Due to potential fraud and misuse we may request additional verification information for credit card payments. Credit cards must clear the authorization process and are only charged before shipment. When ordering you acknowledge you are an authorized user of the credit card used to make your request and that there are sufficient funds to cover the Product ordered. It is your responsibility to inform us of any changes to these details as soon as possible.

SHIPPING.

When an order is placed for a Product it will be shipped to the address designated by you as long as that shipping address is compliant with the shipping restrictions contained on this Site and with US law. As a result, risk of loss and title for Product(s) purchased from this Site shall pass to you upon delivery of the Product(s) to the specified shipping address unless otherwise agreed in writing. We cannot refund shipping fees if your package arrives late due to snow or other natural disasters anywhere along your package’s route, including (but not limited to) meteors, aliens, terrorism, incursions from other dimensions, etc. We may not always be able to ship to some mail forwarders and/or PO Boxes depending on location or if there are known fraud/theft issues with a specific mail forwarder. You are responsible for any VAT, tariff, duty, taxes, handling fees, brokerage charges, customs clearance charges, etc. required by your country for importing consumer goods. For purposes of international shipping please retain a printout of your email receipt as you may have to send a copy to your customs office or for UPS. With respect to shipping we cannot issue any refunds and cannot mark orders as “gift”, “sample”, “educational” or lower the values.

RETURNS AND REFUNDS.

We only accept returns of unopened Products within 14 days of your receipt of the Product (28 days from shipment for international orders). Return shipment is your responsibility. Valid returns will be refunded at cost minus a 10% restocking fee.

SUPPORT.

Email [email protected] with any questions, comments or issues you are having with our products. We’ll do our best to help resolve any issues. Documentation for every product is available through each URL on boards (starting with ckd.tech).

LIMITED PRODUCT WARRANTY.

We warrant our Products will be free from manufacturing defects for a period of thirty (30) days following the date of delivery to you. We will replace, repair or credit you for any confirmed defective product at our option. Please contact support at [email protected] with any issues. Products or components not manufactured by us may, or may not, be covered by original manufacturer’s warranty and passed through to you. Please contact support to confirm the relevant warranty period prior to purchase. No warranty will apply if the Product fails or is damaged after delivery to you due to accident, abuse or misuse.

DISCLAIMER.

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED PRODUCT WARRANTY SET FORTH ABOVE, ALL PRODUCTS AND OFFERED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND CHICKADEE TECH LLC AND ITS SUPPLIERS MAKE NO WARRANTIES UNDER THIS AGREEMENT, EXPRESS, IMPLIED, OR STATUTORY, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE UNDER OR IN CONNECTION WITH THE PRODUCTS OR OFFERED SERVICES. CHICKADEE TECH LLC DOES NOT WARRANT THAT THE PRODUCTS OR OFFERED SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR THAT THEY WILL BE SECURE OR VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHICKADEE TECH LLC, ITS AGENTS OR OTHER REPRESENTATIVES OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF WARRANTIES UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FORGOING, CHICKADEE TECH LLC AND ITS SUPPLIERS DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO ANY THIRD PARTY INTELLECTUAL PROPERTY, TECHNOLOGY, COMPONENTS OR INFORMATION PROVIDED AS PART OF THE PRODUCT OR DOCUMENTATION.

LIMITED LIABILITY.

IN RETURN FOR YOUR USE OF THE SITE AND ANY OFFERED SERVICE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT RESULTS FROM SUCH USE, INCLUDING ANY DOWNLOADS OR USE OF CONTENT. IN NO EVENT SHALL CHICKADEE TECH LLC OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF A PRODUCT OR OFFERED SERVICE, OR THE CONTENT CONTAINED IN, OR ACCESSED THROUGH THIS SITE OR OFFERED SERVICE DURING YOUR USE. OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING THE PRIVACY POLICY OR YOUR USE IS LIMITED TO U.S. $100 OR THE AGGREGATE AMOUNT YOU PAID FOR A PRODUCT AND ANY OFFERED SERVICES DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LIABILITY EXCEEDING THE AMOUNT AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FINALLY, AS TO ANY THIRD PARTY SERVICES USED BY YOU, YOU UNDERSTAND, THEREFORE AGREE THAT BY USING A THIRD PARTY SERVICE YOU MAY BE EXPOSED TO POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE CONTENT, AND THAT YOU USE THE SERVICE AND SITE AT YOUR OWN RISK.

INDEMNIFICATION.

As to any third-party claims for damage or injury as a result of your use of any Product(s), the Site or offered service you remain solely liable for any claim. You agree to indemnify and hold harmless Chickadee Tech, LLC, and its officers, directors, employees, owners from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by a party including any third-party arising out of or relating to your conduct, your violation of these Terms, your use of this Site and any offered service or your violation of any rights of a third-party.

COMPLIANCE WITH LAWS.

Our Products and technology have many uses, and the laws, regulations, policies and limitations (“Laws”) impacting or controlling use, many which are constantly evolving, must be adhered to at all times. It is your sole responsibility to be aware and comply with all Laws as they may relate to or for the purpose and use of the Products you are purchasing from this Site. You acknowledge the Products purchased on this Site are subject to applicable export control and trade sanctions laws and regulations, including without limit those of the United States (e.g., the sanctions administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (31 CFR Part 500 et seq.), the Export Administration Regulations (“EAR”, 15 CFR Part 730 et seq.) administered by the U.S. Department of Commerce’s Bureau of Industry and Security, laws and regulations targeting proliferation activities, and the restricted parties lists maintained by the U.S. government (e.g., the Denied Persons List, Unverified List, Entity List, Specially Designated Nationals List, Debarred List and Non-proliferation Sanctions)). You agree to comply with these laws and regulations and certifies that it will not use, sell, resell, export, re-export, import, dispose of, disclose or otherwise deal with the products or services delivered under these Terms, directly or indirectly, to any country, destination or party without first obtaining any required export license or other governmental approval, and completing such formalities as may be required. You further agree to not do anything which would cause us to be in breach of the export control and trade sanctions laws and regulations.

TERMS AND CONDITIONS FOR USING THE SERVICES AND SITE.

In addition to the sale of our Products this Site may from time-to-time be used as an online community or to provide other services which users, customers and visitors to share comments, opinions and ideas, participate in contests and promotions, and access support materials provided on this Site or other portal or site (“Services”). To the extent applicable all the terms and conditions set out in these Terms will apply to the Services, unless provided otherwise.

CONTENT.

This Site and any offered Service relies on content and information including; text, user comments, information, data, graphics, news articles, images, illustrations, software, and downloads (“Content”). “User Content” is the Content you (as one of our users) provide when using this Site or offered Service. You acknowledge and agree that you are solely responsible for all User Content you make available through this Site and in conjunction with any offered Service. We cannot, nor do we monitor or manage User Content. We do not endorse and are not responsible for the accuracy or truthfulness of any User Content, including opinions, advice or statements made by you, so you must always do your own independent research and come to your own conclusions as it concerns Products or Services offered by us. For additional information User Content please review the Privacy Policy located at https://chickadee.tech/privacy.

THIRD PARTY LINKS.

From time to time, this Site may contain links to web sites not owned, operated or controlled by us or our respective affiliates. If you use these links, you will leave this Site. Neither Chickadee Tech nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither Chickadee Tech nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using another web site. If you decide to access any other web sites linked to or from this Site, you do so entirely at your own risk and responsibility.

SOCIAL NETWORKING SERVICES.

We may permit you to login to this Site or otherwise associate your account and login credentials from a third party social networking sites (Facebook) (“SNS”). If you log in or otherwise associate your account with your login credentials from a SNS, we may receive information about you from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS terms and conditions. If you elect to share your information with these SNS, we will share such information with them in accordance with your election. The SNS terms and conditions will apply to the information, including User Content that we disclose to them.

THINGS YOU CANNOT DO WITH THE SITE AND SERVICES.

In accepting these Terms with respect to using this Site and any offered Services you agree to the following restrictions and prohibited actions, specifically you agree not to: (i) copy, distribute or disclose any part of the Site or applicable Services in any medium, including without limitation by any automated or non-automated “scraping” functionality. Along these same lines you cannot use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human (no androids allowed) can reasonably produce in the same period of time by using a conventional on-line web browser; (ii) do bad things like engaging, posting or sending data or information (including emails) which are defamatory, deceitful, false, fraudulent, harassing, inflammatory, invasive, misleading, obscene, threatening, or unlawful; (iii) use the Site or offered Service for activities which are in violation or are non-conforming with any law or regulation; nor will you upload invalid data, viruses, worms or other software agents through the Site; (iv) attempt to interfere with, compromise the integrity of the system or its security, or decipher any transmissions to or from the servers running the this Site and any offered Service, including taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (v) use any data mining or similar data gathering and extraction methods in connection with this Site and any offered Service to collect or harvest any personally identifiable information or other regulated data including account names, from the Service, or Site; (vi) use this Site or any offered Service to construct any kind of database or access or attempt to access the Service, or Site by any means other than the interface we provided or authorized or circumvent any access or use restrictions put into place to prevent certain uses of the Service, or Site. Nor may you impersonate any person or entity or misrepresent your affiliation with a person or entity using the Service, or Site; and (vii) post, transmit or make available any messages, texts, or emails with the following content: offers to sell illegal goods including cannabis, pornography, sexually explicit material, sex advice, drugs or pharmaceutical information or products, adult novelty items, credit repair services or opportunities, dating or escorts, stock trading, day trading or stock market content, gambling products or services, network or multi-level marketing, affiliate marketing, loans, mortgages, or make money online and work from home opportunities.

PRIVACY POLICY.

Our privacy terms are both material and critical to the operation of this Site and any offered Service. You must review and agree to these terms prior to using this Site or any offered Service. Please go to https://chickadee.tech/privacy to review and accept our privacy policy.

INTELLECTUAL PROPERTY.

With respect to this Site and any offered Service, each are licensed, not sold to you. Subject to the license(s) expressly granted to you hereunder, all right (including all intellectual property rights), title and interest in and to this Site and any offered Service are owned solely and exclusively by Chickadee Tech LLC. All of our rights not expressly granted to you are hereby reserved Chickadee Tech LLC. This Site and any offered Service contain proprietary technology and includes trade secrets (and may include inventions for which a patent has been applied for or issued) or it is proprietary to a third-party from whom we have obtained the right to make it available. This Site and any offered Service (including any documentation) as well as the domain(s); our logo, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of Chickadee Tech LLC and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of Chickadee Tech LLC. All other trademarks, registered trademarks, company names, product or service names are either trademarks or registered trademarks of their respective owners; and are protected by United States trademark laws and international treaties. All copyrights, patents (pending), trade secrets, and any other intellectual property rights related to this Site and any offered Service, including all applications and registrations with respect thereto, and related to all copies, partial copies, adaptations, additions, collective works, compilations, derivative works, enhancements, modifications, and translations of this Site and any offered Service, will remain in or are assigned to Chickadee Tech LLC. We take the protection of intellectual property rights seriously and will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). Our policy is to respond to notices of alleged infringement that comply with the formalities of the DMCA and we will terminate, in appropriate circumstances, users and account holders of this Site and any offered Service infringe on the rights of others. If you are the owner of Content that is being improperly used without your permission, you may request that the Content be removed under the DMCA. To make such a request, please email us at [email protected] or snail mail our designated agent at this address. Now that you know our position with respect to the DMCA here is what you can do: You may electronically copy, download and print to hard copy portions of this Site and any offered Service for informational and non-commercial, personal use. Any other use of the materials, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of us is strictly prohibited.

DISCLOSURE.

We may access or disclose Content or information about you, or your use of this Site and any offered Service: (i) when it is required by law (such as when we receive a valid subpoena or search warrant); (ii) to respond to your requests for customer support; or (iii) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.

LAW AND JURISDICTION.

These Terms and any legal actions or proceedings relating to your use of this Site and any offered Service shall be governed by and construed in accordance with the laws of the state of Washington, U.S.A., as applicable to agreements made and entirely to be performed within the state of Washington, without resort to its conflict of law provisions. You agree that any suit, action, or proceeding at law or in equity arising out of or relating to these Terms or your use of this Site and any offered Service shall be filed only in U.S. District Court for the Western District of Washington located in Seattle, Washington, U.S.A., and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action, or proceeding. Notwithstanding the foregoing, you agree that for all concerns or disputes about this Site and any offered Service which you may have, you agree to first try to resolve the dispute informally by contacting us. In the event that the concern or dispute is not resolved within thirty (30) days of submission, you agree to resolve any claims relating to these Terms, this Site and any offered Service through final and binding arbitration, (except that you may assert claims in small claims court if your claims qualify). For all matters under arbitration you agree the following shall control: (i) JAMS will administrate the arbitration in Seattle, King County, Washington pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties; (ii) you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action; and (iii) notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Service in violation of these Terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and do so without having to post a bond.

CONTACT AND EMAIL.

Please do not provide sensitive personal information to us by e-mail. Instead, use our web forms, which employ SSL technology. However, if you choose to correspond with us via email, we will retain the content of your email message together with your email address and our responses. We use administrative, technical and physical security measures to protect our computing infrastructure and your personal information from unauthorized use, access, modification or disclosure.

CHANGES AND UPDATES TO THESE TERMS.

From time to time, we may revise these Terms. To help you stay current of any changes, we note the date these Terms were last updated. If you have any questions regarding these Terms, this Site, our Products or any offered services, please contact us at [email protected]. We reserve the right to amend these Terms at any time by direct electronic notification to you or by posting the amended terms on this page. All amended terms shall automatically be effective for new users or new purchases immediately on posting and, in all other cases, 30 days after they are initially posted and dated, unless otherwise specified in a notice to you.

YOUR ACCEPTANCE OF THESE TERMS.

By using this Site, ordering a Product or using any offered service, you signify your acceptance of these Terms including the Privacy Policy terms. If you do not agree with any part of these Terms or the Privacy Policy, you must not use this Site, purchase a Product or use any offered services. Your continued use of this Site, purchasing a Product or using any offered services following the posting of changes to these Terms will be deemed your acceptance of those changes.

MISCELLANEOUS.

Upon expiration or termination of these Terms, any licenses you have granted, all your warranties, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these Terms shall survive; We may give notice by means of a general notice via this Site and any offered Service or electronic mail to your email address on record (account information), or by written communication sent by first class mail or pre-paid post to your address. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to: [email protected]; (ii) these Terms along with the Privacy Policy constitute the entire agreement between you and us regarding your use of this Site and any offered Service and supersede any prior agreements between you and us relating to the Service and Site; (iii) you may not assign or otherwise transfer these Terms or your rights and obligations under these Terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these Terms to a third party; (iv) If a particular term is not enforceable, the unenforceability of that term will not affect any other Terms; and (v) our failure to enforce or exercise any of these terms is not a waiver of that term.

Last Updated June, 2016