Terms of Service
These terms apply to all consumer purchases of hoobird products and installation services.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT SUBMIT AN ORDER.
These Terms of Sale (“Agreement”) apply to your purchase of products and installation services (together, “Product”) sold by hoobird.
Orders, Pricing and Payments. hoobird strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by hoobird, in hoobird's sole discretion. Unless otherwise agreed to by hoobird, payment must be received by hoobird prior to our acceptance of an order. hoobird may process payment for and ship parts of an order separately.
Your Obligations. By submitting an order, you agree to be bound by this Agreement, and agree to the following terms, conditions, obligations and warranties:
- You are the lawful owner of the premises or the lawful tenant of the premises and possesses the legal authority necessary to make improvements to the real property where the installation is to occur;
- You have or will procure all necessary permits for installation and assumes all responsibility for any cost of procuring permits and costs resulting from failing to procure necessary permits;
- You maintain reasonable liability insurance and homeowners or renter’s insurance on the property subject to this Agreement;
- You grant hoobird, its employees and its agents, the right to enter your property for the purposes of installing the Product.
Our Obligations. hoobird represents and warrants that it is authorized to do business in the county the work is to be done and will exercise commercially reasonable efforts to ensure proper installation of the Product.
Estimates . All prices given by hoobird shall be construed as estimates and are subject to change if unforeseen conditions or circumstances arise. If any cost over the estimate price contained in this Agreement occurs, you agree to pay the total estimate price in addition to any extra costs that may arise from unforeseen conditions or circumstances. Further, all estimates pertaining to the length of time for installation completion shall be non-binding on hoobird. If hoobird does not complete installation in the time frame agreed upon by both parties, hoobird will use its best reasonable efforts to finish the work as soon as reasonably possible. If installation is not complete in the time frame agreed upon by both parties, you shall not receive any abatement in the Agreement price.
Payment. You agree to tender payment to hoobird at the price agreed to on the order confirmation. One half of the order price is due at time of order and one half is due upon completion of installation. If payment is not tendered upon completion of installation, then hoobird has the right to enter your private property and remove all materials we installed. Further, you agree to pay for all costs and attorney’s fees incurred by hoobird in the course of recovering any unpaid balance.
Late Payment Results In Interest Charges. If you fail to pay hoobird upon completion of installation, then you will be charged at the rate of one and one-half percent (1½%) interest per month on any and all unpaid balances until the bill is paid in full. Annual percentage rate is set at eighteen percent (18%).
Warranties. If Product malfunctions, hoobird will not be responsible in any capacity, financial or otherwise. It shall be your sole responsibility to navigate the warranty process for equipment defects with the appropriate party. If new equipment needs to be installed, you agree to pay a reasonable additional installation fee to be determined in our sole discretion.
THE FOREGOING WARRANTIES ARE EXCLUSIVE IN LIEU OF ALL OTHER WARRANTIES, WHETHER OR ORAL IMPLIED. THE LIMITED WARRANTIES APPLICABLE TO 3RD PARTY -BRANDED PRODUCT SOLD BY HOOBIRD ARE PROVIDED WITH THE PRODUCT AT THE TIME OF INSTALLATION. HOOBIRD MAKES NO OTHER WARRANTIES FOR 3RD PARTY-BRANDED PRODUCT, AND MAKES NO WARRANTIES WHATSOEVER FOR OTHER PRODUCT. ALL PRODUCT IS PROVIDED BY HOOBIRD "AS IS" AND ANY THIRD-PARTY WARRANTIES, OR SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY HOOBIRD. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. Damaging of Property. hoobird shall not be responsible to you for any: property damage; theft; vandalism; burglary; fire caused by faulty installation; faulty equipment; criminal acts of third parties; armed criminal attacks committed on the premises; injuries occurring from third party acts, criminal or otherwise; or any other damage or financial loss as a result of hoobird’s acts. You recognize that system malfunctions regularly occur and hoobird is not financial responsible for any loss occurring because of or during a system malfunction. Further, if a third party disables the surveillance system installed by hoobird, we shall not be liable for the damage or acts committed while the surveillance system is disabled.
HOOBIRD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, HOOBIRD WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, HOOBIRD IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE ORDER AMOUNT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
Cleaning of Premises. hoobird will use best efforts to clean the premises after completion of installation and remove all debris and trash caused by hoobird. If hoobird believes it has reasonably cleaned the premises and Client disagrees, hoobird will not be liable to clean further nor be obligated to pay for any cleaning costs borne by Client. Client agrees no abatement will in Agreement price will be made for failing to clean the premises.
Extra Work. If Client offers and hoobird agrees to engage in work outside the scope of this Agreement for extra pay, then such work may be done by hoobird at hoobird’s sole discretion. Upon completion of extra work, Client shall pay hoobird the previously agreed upon price, in addition to the agreed upon payment under this Agreement. All terms, conditions and warranties contained in this Agreement shall apply to both parties in relation to such extra work explained in this paragraph.
No Assignment of Agreement. No right, interest or duty in this Agreement shall be assigned by you without the written permission of hoobird. Any attempted assignment or delegation without the written permission of hoobird shall be void and ineffective.
All Modifications To Be In Writing. This Agreement may be modified or rescinded only by a writing signed by and agreed to by both parties.
Severability. The invalidity, in whole or in part, of any term of this agreement does not affect the validity of the remainder of the agreement.
Choice of Law & Venue. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of Texas. Further, any legal suit arising out of or relating to this Agreement shall be commenced in Travis County, State of Texas, and each party hereto irrevocably submits to the non-exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.
Dispute Resolution and Binding Arbitration. YOU AND HOOBIRD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND HOOBIRD, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively "hoobird") arising from or relating in any way to your purchase of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), hoobird's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer's individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR HOOBIRD SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. hoobird will be responsible for paying any individual consumer's arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association,(800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.
This is a binding agreement. As an Agreement between hoobird and yourself, it may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and hoobird. In addition to this document, the terms contained within the other hoobird documents referenced in this Agreement may apply to your purchase.
Review of Agreement. You have reviewed this Agreement in detail and hereby approve all of the material terms, conditions and warranties associated with this Agreement. BY SUBMITTING MY ORDER I WARRANT THAT I HAVE RECEIVED A COPY OF AND HAVE READ THIS AGREEMENT, INCLUDING ALL TERMS AND CONDITIONS, THAT I HAVE FULL AUTHORITY TO EXECUTE THIS AGREEMENT FOR AND BIND ME AND THAT I DO HEREBY AGREE TO ALL THE TERMS HEREOF. FURTHER, BY SIGNING THIS AGREEMENT I FIND THE CHARGED AMOUNT SATISFACTORY AND AGREE TO PAY FOR SAME UPON COMPLETION OF INSTALLATION AND FURTHER AGREE TO PAY FOR COLLECTION FEES, INCLUDING ATTORNEYS FEES, IN THE EVENT OF MY DEFAULT.