These Terms and Conditions (“Terms”) apply to purchases of Siren 7 products (“Products”) whether through Siren 7 or third-party sites linking to these Terms (collectively “Sites”). By purchasing Siren 7 products you (“Customer”) agree to be bound by these Terms. In addition to agreeing to these Terms, by purchasing Customer agrees to be bound by all terms, policies and guidelines incorporated by reference in these Terms. Siren 7 reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to purchases, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately.
Pricing and Availability
All Products offered for purchase on the Sites are subject to availability. Any Product prices listed on the Sites are subject to change at Siren 7’s sole discretion and without notice. Siren 7 shall not be responsible for typographical, pricing, technical or other errors in publication on the Sites. Additional costs including shipping and delivery fees will vary based on Customer’s location and shipping method.
If you are not completely satisfied with your purchase, it may be returned for a refund within 30 days from the date of the receipt of your purchase. The Product must be unused and in the original packaging with and accompanied by the original packing slip or sales order number. No returns are accepted after 30 days from the date of the receipt of your purchase or without the UPC label attached. Items purchased online must be returned to our Siren 7 at Siren7 LLP, 1103-11871 Horseshoe Way, Richmond BA, V7A 5H5. No refunds shall be provided for any loss or malfunction of the item due to the fault of the Customer including, but not limited to, the failure to properly install in accordance with the installation instructions.
Assumption of Risk
Customer acknowledges and agrees that animal/wildlife behavior is unpredictable and such unpredictability can be heightened in the presence of motor vehicles. Customer further acknowledges that Siren 7 offers its Wildlife Warning System Products in good faith and in reliance on its product development, engineering and scientific research. Due to the unpredictability of wildlife/animal behavior, including unknown circumstances such as deafness in animals and other unknown circumstances, Customer understands that the use of the Wildlife Warning System Products is not a guarantee to prevent accidents with wildlife. Customer assumes all risk associated with operating a motor vehicle in areas where animals/wildlife may be present including without limitation the risk of collision with an animal/wildlife.
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES. NO OTHER WARRANTIES APPLY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL PRODUCTS ARE PROVIDED “AS IS” AND “WHERE IS” AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
FOR ANY BREACH OF THE WARRANTY, CUSTOMER’S EXCLUSIVE REMEDY, AND SIREN 7’s ENTIRE LIABILITY, SHALL BE LIMITED TO THE REPLACEMENT OF THE PRODUCT. IF SIREN 7 IS UNABLE TO REPLACE THE PRODUCT AS WARRANTED, CUSTOMER SHALL BE ENTITLED TO RECOVER THE FEES PAID TO SIREN 7 FOR THE DEFICIENT PRODUCT. IN NO CASE SHALL ANY RECOVERY EXCEED THE AGGREGATE AMOUNTS PAID TO SIREN 7 BY CUSTOMER FOR THE SPECIFIC PRODUCT(S) THAT ARE THE SUBJECT OF THE CLAIMED BREACH.
Waiver/Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF BUSINESS OPPORTUNITY) EVEN IF THE PARTY CLAIMING SUCH DAMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE UNDER ANY THEORY OF RECOVERY, SIREN 7’s AGGREGATE LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID TO SIREN 7 BY CUSTOMER FOR THE SPECIFIC PRODUCT(S) THAT ARE THE SUBJECT OF THE CLAIM. CUSTOMER ACKNOWLEDGES THAT THE LIMITATION OF LIABILITIES AND DISCLAIMERS OF WARRANTIES CONTAINED HEREIN CONSTITUTE AN AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES, HAVE BEEN FACTORED INTO PRICING OF THE PRODUCT(S), AND ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. CUSTOMER FURTHER WAIVES AND WILL NOT HOLD SIREN 7 LIABLE FOR ANY DAMAGES ASSOCIATED ACCIDENT THAT CUSTOMER MAY HAVE WITH ANY WILDLIFE OR ANIMAL.
Limitation of Actions.
NO ACTION, SUIT, OR PROCEEDING, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR ANY SERVICE AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION.
Siren 7 may use Customer’s information to the extent necessary to provide its Products. Without limiting the foregoing, Siren 7 may use Customer’s information to: resolve disputes; troubleshoot problems; collect monies owed; authenticate users, inform Customer about online and offline offers, products, services, and updates; customize Customer’s experience; detect and protect against error, fraud and other criminal activity; enforce Siren 7’s Terms and policies; and as otherwise described to you at the time of collection. We may compare and review Customer’s personal information for errors, omissions and for accuracy.
If you choose to purchase the Products, Siren 7 may use your address, credit card and billing information to bill you and provide associated support.
Siren 7 does not share, sell or rent any of your information to third parties other than as outlined in these Terms. However, Customer information may be disclosed in the normal scope of business to provide our Products. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to Customer, and therefore Siren 7 may provide some of your personal information directly to these internal service providers. These internal service providers are subject to contractual restrictions that limit their use and disclosure of information Siren 7 provides them.
Siren 7 reserves the right to disclose information relating to Customer’s purchase if required to do so by law, regulation, local, state or federal governmental request or in the good faith belief that such action is necessary to: (a) comply with legal process served on Siren 7 or its affiliates; (b) protect and defend the rights or property of Siren 7 or its affiliates; or (c) act under reasonable and good faith circumstances to protect the personal safety of users of the Products or members of the public.
Trademarks and Intellectual Property
The trademarks of Siren 7 and its affiliates may not be used or reproduced without the prior written consent of Siren 7. All trademarks, text, graphics, logos, button icons, images, audio clips, digital downloads, data, data compilations names, scripts, page headers and service names remain the property of Siren 7, its affiliates, or their respective owners.
Governing Law; Venue
All questions concerning the validity, interpretation and performance of these Terms shall be governed by and decided in accordance with the Laws of the State of Connecticut, without regard to any conflicts of laws and principles thereof. Any claim or controversy arising out of or relating to these Terms or the Products shall be determined exclusively by arbitration administered by the American Arbitration Association Consumer Arbitration Rules. The arbitration proceeding shall be held in Fairfield County, Connecticut, and will be conducted by a single arbitrator.
The parties agree to make reasonable efforts to resolve any dispute arising between the parties prior to pursuing litigation. Such efforts shall include notifying Siren 7 of the dispute by contacting Siren 7 at Siren7 LLP, 1103-11871 Horseshoe Way, Richmond BA, V7A 5H5. In the event that Customer brings a lawsuit for alleged breach of these Terms, and Customer does not prevail in the litigation, Customer agrees that Siren 7 shall be paid its reasonable attorneys’ fees and costs incurred in defending the litigation.
In the event any provision of these Terms is held to be invalid or unenforceable; the remaining provisions shall remain in full force and effect.
The waiver by either party of any default or breach of these Terms shall not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of either party’s intellectual property rights, no action, regardless of form, arising out of these Terms may be brought by either party more than one (1) year after the cause of action has accrued.
These Terms and associated set forth the entire understanding between the parties with respect to the purchase of Siren 7 Products. There are no representations, warranties, covenants, conditions or undertakings other than those expressly set forth herein. These Terms supersedes all prior negotiations, agreements and understandings between the parties, whether written or oral, with respect to the subject matter hereof. In the event of a conflict with these Terms and the terms and conditions of any order or invoice submitted by Customer, these Terms shall prevail.
Neither party shall be liable in damages or have the right to terminate these Terms for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions (including the denial or cancellation of any export of other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).