Terms of Service

Important Notice Regarding Arbitration, Subscriptions, and Auto-Renewal

These Terms contain a binding arbitration agreement, jury trial waiver, and class action waiver in Section 23 below. By agreeing to these Terms, you agree to resolve most disputes through individual arbitration and waive your right to participate in a class action, except as described in that section.

If you enroll in a BYRD subscription or reserve program, your subscription will automatically renew and your selected payment method will be charged on a recurring monthly basis until you cancel or until your accumulated balance reaches the price of your selected piece. Please review Section 9 carefully for automatic renewal terms, cancellation instructions, and refund limitations.

1. Agreement to Terms

These Terms apply to all visitors, users, customers, orders, purchases, subscriptions, reserve programs, and sales made through the Site or otherwise with BYRD. Additional terms, including our Privacy Policy, Shipping Policy, Return Policy, SMS Terms, Cookie Policy, Accessibility Statement, and any disclosures presented at checkout, are incorporated into these Terms by reference. In the event of a conflict between these Terms and our Privacy Policy, the Privacy Policy will control with respect to information practices.

We reserve the right to modify these Terms at any time. Changes will be effective when posted to the Site, unless a later effective date is stated. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

By purchasing from or ordering from BYRD, whether through the Site or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties with which you hereby agree to comply.

2. Eligibility

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract to use the Site, create an account, enroll in a subscription, or make purchases. By using the Site, you represent and warrant that you meet these requirements. Minors under the age of eighteen (18) are prohibited from using the Site, creating an account, or purchasing products or services.

Unless otherwise stated at checkout, BYRD currently sells and ships only to addresses within the United States. We reserve the right to refuse orders or subscriptions where shipment, delivery, payment processing, or compliance requirements cannot be satisfied.

3. Account Registration

You may search, view, and purchase products from this Site as a guest, without registering for an account. However, you may be required to create an account to manage subscriptions, access order history, or use certain Site features. When creating an account, you agree to provide accurate, current, and complete information and to keep that information updated.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether authorized or unauthorized. If you believe your account has been accessed without authorization, contact us immediately at clientservices@flywithbyrd.com.

You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You agree that you will not use your account to interfere with or disrupt a third party's enjoyment and use of the Site.

We reserve the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in our sole discretion, including if we believe you have violated these Terms, provided inaccurate information, engaged in fraud, or used the Site in a way that creates risk for BYRD or others.

4. Communications; Email and Text Messages

By creating an account, placing an order, enrolling in a subscription, or providing your contact information, you agree that BYRD may contact you regarding your account, orders, subscriptions, payments, shipping, cancellations, and customer service matters by email, phone, text message, mail, or other available means.

If you provide your mobile phone number, you expressly consent to receive transactional text messages from BYRD regarding your orders, account, and subscription status. Message frequency varies. Message and data rates may apply. You may opt out of text messages at any time by replying STOP to any message. Consent to receive marketing text messages is not required as a condition of purchase.

You may opt out of marketing emails by clicking the unsubscribe link in any marketing email. Transactional emails related to orders, subscriptions, payments, and account matters may still be sent to you regardless of marketing preferences.

5. Important Disclaimer: Jewelry, Not Investment Advice

BYRD IS NOT A FINANCIAL ADVISOR, INVESTMENT ADVISOR, BROKER, DEALER, OR TAX ADVISOR. NOTHING ON THE SITE OR IN ANY BYRD COMMUNICATION CONSTITUTES FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE.

BYRD products are sold as fine jewelry, accessories, collectibles, and tangible goods. They are not sold as securities, financial products, or investment instruments. Although our pieces are crafted from 18-karat gold and other precious materials, BYRD does not guarantee resale value, appreciation, liquidity, buyback availability, or future market value of any product.

You acknowledge and agree that:

• The value of gold and jewelry can fluctuate and may go down as well as up;
• Jewelry may not be liquid and may not be resellable at or above the amount you paid;
• Past performance of gold prices is not indicative of future results;
• BYRD makes no representations or guarantees regarding future value, resale price, or investment performance;
• Any market data, educational content, or commentary is for informational purposes only; and
• You should consult your own financial, tax, or legal advisor before making decisions based on financial considerations.

Your purchase decision should be based on your personal preference, budget, and independent judgment.

6. Products, Descriptions, and Availability

Product Descriptions: We make reasonable efforts to accurately display and describe our products. However, we do not warrant that descriptions, photographs, dimensions, weights, color, pricing, availability, or other Site content will be accurate, complete, reliable, current, or error-free. Colors and appearance may vary due to photography, lighting, monitor settings, hand finishing, and natural variations in materials.

Handcrafted and Made-to-Order: BYRD pieces are handcrafted in 18-karat gold, made to order, and produced in limited quantities. Slight variations in finish, enamel color, polish, dimensions, and appearance are characteristic of handcrafted jewelry and do not constitute defects.

Product Authenticity: Unless otherwise stated, BYRD jewelry is crafted in 18-karat gold, which contains 75% pure gold (commonly described as 750 fineness). Product details, materials, and care instructions are provided where applicable.

Availability: All products are subject to availability. We reserve the right to limit quantities, discontinue any product, decline orders, or cancel orders at any time without notice.

7. Pricing and Order Acceptance

Pricing: All prices are in U.S. dollars. Because BYRD pieces are crafted from gold and other precious materials, prices may be adjusted from time to time to reflect prevailing market conditions. The price displayed at checkout is the price you will be charged for that order, subject to order acceptance.

Pricing Errors: The Site may contain typographical or pricing errors. We reserve the right to correct any errors, inaccuracies, or omissions in pricing or product information at any time, and to cancel any orders placed at incorrect prices, even after your order has been confirmed and your payment method charged. If we cancel an order due to a pricing error, we will issue a full refund to your original payment method.

Order Confirmation Is Not Acceptance: Your receipt of an electronic order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order, in whole or in part, at our sole discretion, including but not limited to cases where:

• There is a pricing or product description error;
• The product is out of stock or discontinued;
• We are unable to verify your identity or payment information;
• We suspect fraud or unauthorized activity;
• The shipping address cannot be verified or is restricted;
• Market conditions or pricing volatility create undue risk; or
• The order appears to be for resale or commercial purposes.

Order Limits: We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may apply to orders placed by the same account, the same payment method, or orders that use the same billing or shipping address.

8. Payment Terms

Payment is due in full at the time of purchase or, in the case of a subscription, on each recurring billing date. We accept major credit cards and other payment methods as indicated at checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method and you authorize BYRD to charge the full amount of your order, including any applicable taxes, shipping, and fees, to that payment method.

Credit and debit card payments are processed through PCI-DSS compliant third-party payment processors. BYRD does not store your full payment card information on our servers. You understand and agree that a temporary authorization charge may appear in your pending transactions when you process an order; this authorization will be voided once your order is processed. BYRD is not responsible for any overdraft, foreign transaction fee, or other fee charged by your card issuer in connection with your order.

You are solely responsible for any applicable sales tax, use tax, duties, or other taxes or fees imposed by any governmental entity in connection with your purchase. BYRD reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.

9. BYRD Subscription & Reserve Program

IMPORTANT: THIS SECTION DESCRIBES AN AUTOMATIC RENEWAL/CONTINUOUS SERVICE SUBSCRIPTION. PLEASE READ CAREFULLY.

BYRD offers a subscription-based reserve program (the "Subscription Program") that allows you to accumulate value toward a specific BYRD piece through recurring monthly payments. By enrolling in the Subscription Program, you authorize recurring monthly charges to your designated payment method until your accumulated balance reaches the price of your selected piece, or until you cancel your subscription.

Automatic Renewal Terms: Your subscription will automatically renew, and your designated payment method will be charged on a recurring monthly basis at the amount you selected at enrollment, until you cancel or until your accumulated balance reaches the price of your selected piece. Your subscription WILL CONTINUE AND YOU WILL BE CHARGED AUTOMATICALLY each month unless you take action to cancel.

Subscription Enrollment: When you enroll, you select a BYRD piece and a monthly payment amount (starting at $50 per month for most pieces; certain pieces, such as The Promenade, require a higher minimum monthly amount, which will be disclosed at enrollment). Your payments accumulate in your BYRD account toward the purchase price of your selected piece. By completing enrollment, you provide your AFFIRMATIVE CONSENT to these automatic renewal terms.

Subscription Pricing and Fulfillment: The monthly subscription amount you select at enrollment will be charged to your payment method each billing cycle. The price of each BYRD piece may fluctuate based on the cost of materials, labor, and market conditions. Your accumulated subscription payments are applied toward the purchase price of your selected piece at the time your balance reaches the applicable threshold, not at the time of each individual payment. Once your balance is complete, your piece is handcrafted to order and shipped to you. Any balance in excess of the piece price will be retained as account credit and applied toward your next piece. If we change the monthly subscription amount or any material term of your subscription, we will notify you by email at least seven (7) days before the change takes effect, and you will have the opportunity to cancel before the new term applies.

Post-Transaction Acknowledgment: After you enroll in the Subscription Program, you will receive an email confirmation that includes (a) the subscription terms, (b) the monthly amount to be charged, (c) the billing frequency, and (d) instructions for how to cancel. Please retain this email for your records.

Annual Reminder: In accordance with applicable law, including the California Automatic Renewal Law, we will provide you with periodic reminder notices regarding your subscription terms and cancellation instructions where required.

Subscription Cancellation: You may cancel your BYRD subscription at any time, and cancellation is designed to be at least as easy as enrollment. You may cancel by either of the following methods:

(1) Online: Log into your account at flywithbyrd.com and use the "Cancel Subscription" feature in your account settings; or

(2) Email: Send a cancellation request to clientservices@flywithbyrd.com from the email address associated with your account.

Refunds Upon Cancellation (Prior to Shipment): If you cancel your subscription before your selected piece has been crafted and shipped:

(a) Cancellation requests within 120 days of your most recent payment: You may receive a refund of your accumulated balance to your original payment method, less a $20 cancellation fee and any payment processing fees (approximately 3% of the refunded amount).

(b) Cancellation requests after 120 days from your most recent payment: Due to card network rules established by Visa, Mastercard, American Express, Discover, and other payment networks, we cannot issue refunds to your original payment method after 120 days. In these cases, your accumulated balance will be issued as store credit toward a future BYRD piece.

Accumulated Balance: Upon cancellation, any accumulated balance may be applied as store credit or used toward a future subscription. Accumulated balances do not earn interest.

10. Cancellation Policy (Non-Subscription Orders)

Once you have placed a non-subscription order with BYRD, you have entered into a binding legal agreement. Because BYRD pieces are handcrafted to order, requests to cancel or modify a confirmed order must be received in writing at clientservices@flywithbyrd.com within twenty-four (24) hours of order creation. After that period, your piece will have entered production and the order is final.

BYRD reserves the right, in its sole and absolute discretion, to permit cancellation outside this window. Approved cancellations may be subject to a cancellation fee, processing fees, and any market loss between the original purchase price and the prevailing replacement cost of materials. After your piece has been shipped, the order is final and cannot be canceled. If you refuse delivery of a shipped piece, the piece will be returned to us and you may either pay to have it reshipped or accept the applicable market loss and processing fees upon return.

BYRD reserves the right to refuse or cancel an order at any time, for any reason or no reason, including for orders BYRD deems questionable, suspicious, or to present a significant risk; for orders placed at incorrect prices; in the event of abrupt movements in the precious metals market; or where payment is not received within the allotted timeframe. In the event of a canceled order, BYRD will contact you directly with notification of the cancellation.

120-Day Refund Window: Due to card network rules established by Visa, Mastercard, American Express, Discover, and other payment networks, all refunds to your original payment method must be requested within 120 days of the original transaction date. After 120 days, refunds cannot be processed to your original payment method under any circumstances and may only be issued as store credit at BYRD's sole discretion. This limitation is an industry-wide standard enforced by credit card networks and applies to all transactions regardless of the reason for the refund request.

11. Return Policy

Because BYRD pieces are handcrafted to order in 18-karat gold, all sales are final once shipped. We do not accept returns or issue refunds for jewelry that has been delivered, except as described below or as otherwise required by applicable law.

Damaged or Defective Pieces: If your piece arrives damaged or is materially not as described, contact us within seven (7) days of delivery at clientservices@flywithbyrd.com. We will arrange a repair, replacement, or, at our discretion, a refund. If a refund is issued and more than 120 days have passed since your original payment, the refund will be issued as store credit due to card network limitations described in Section 10.

Sizing Adjustments: Where applicable, we may offer one complimentary sizing adjustment within thirty (30) days of delivery for ring orders, subject to the limitations described in our Return Policy. The customer is responsible for return shipping. Sizing adjustments are subject to feasibility based on the design of the piece.

12. Shipment

BYRD pieces are made to order. Although most subscription pieces are crafted and shipped within four (4) to six (6) weeks of your subscription balance being completed, in some circumstances production and shipment may take up to one hundred twenty (120) days from completed payment, depending on materials availability and production volume. Applicable taxes, as well as shipping and handling charges, are calculated at checkout. You are fully responsible for applicable taxes and any shipping and handling charges. BYRD insures all shipments while in transit.

Acknowledgment of Shipment Timing and Refund Limitations: You acknowledge that due to the made-to-order nature of BYRD jewelry, some orders may ship near or after 120 days from your original payment date. Due to card network rules established by Visa, Mastercard, American Express, and other payment networks, refunds to your original payment method are only available within 120 days of payment. If your order ships near or after 120 days and there is an issue with your shipment, any remedy will be provided as a repair, replacement, or store credit only, not as a refund to your original payment method. By placing an order, you accept this limitation.

BYRD will not accept responsibility if you have left instructions with any carrier or delivery service to leave packages unattended, to forward your package, or to leave your package with a third party. When we ship to you, if a piece is lost or damaged in transit, BYRD assumes responsibility to pursue any claim with the insurance company; provided, however, you agree to cooperate with us in filing a claim for damaged or lost merchandise in any manner we may reasonably request, including the signing of an affidavit stating the circumstances surrounding the damaged or lost merchandise. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your piece or refund your money at our discretion (subject to the 120-day card network limitation described above).

BYRD will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is marked as delivered by the carrier at the specified delivery address. Any issues or problems with a shipment must be reported within seven (7) calendar days of the delivery date as shown in tracking, otherwise BYRD may have to refute any claim. In the event that a package becomes lost in transit, it is your responsibility to notify BYRD within seven (7) calendar days of the anticipated delivery date. While BYRD will make reasonable efforts to locate the package, BYRD will not be held liable for packages lost in transit without notice within seven (7) calendar days of the anticipated delivery date.

13. Risks Associated with Precious Metals

All transactions involving precious metals carry risk. The value of gold is affected by many economic factors, including current market price, perceived scarcity, quality, current demand, and general market sentiment, all of which are beyond BYRD's control.

Because precious metals can decrease in price as well as increase, BYRD pieces may not be suitable as a financial investment for everyone. Like many markets, the precious metals market is speculative and is largely unregulated. The prices for precious metals can fluctuate throughout the day. If you are considering purchasing BYRD pieces with the expectation of resale or financial return, you should assess the stability of the current market and consult a qualified advisor.

BYRD encourages you to discuss any expected financial implications of your purchase with your financial advisor.

14. Intellectual Property and Trademarks

All content on this Site, including but not limited to text, graphics, logos, images, photographs, product designs, trademarks, trade dress, and software, is the exclusive property of Fly With Byrd, Inc. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The Site, including its look and feel, color selections, layout, and arrangement, is the trade dress of BYRD.

BYRD grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-assignable, and revocable license to use the Site for its customary and intended purposes. Except as otherwise allowed under these Terms, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Site, whether in whole or in part, without the prior written consent of BYRD.

The BYRD name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fly With Byrd, Inc. You may not use such marks, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of BYRD. All other trademarks displayed on the Site are the property of their respective owners.

15. User-Generated Content

BYRD may provide you with the ability to submit user-generated content to the Site, including but not limited to product reviews, photographs, comments, and other materials ("User Content"). Except as otherwise licensed herein, you retain ownership of your User Content. User Content posted to public areas of the Site, including product reviews, will be publicly visible to all visitors of the Site.

By submitting User Content to the Site, you grant BYRD a non-exclusive, irrevocable, royalty-free, worldwide, sublicensable, and perpetual license to use your User Content for any lawful purpose, including but not limited to reproducing, preparing derivative works, distributing copies, performing, displaying, marketing, and otherwise using your User Content in connection with BYRD's business. You waive any moral rights you may have in your User Content and any rights of publicity or privacy with respect to the User Content submitted, to the fullest extent permitted by law.

You warrant that any User Content you submit will not violate the rights of any third party, including trademark, copyright, publicity, or privacy rights, and will not violate any applicable law, statute, ordinance, treaty, or regulation. You agree that you are solely responsible for any User Content that you submit. BYRD acts solely as a repository of data and makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Content.

BYRD reserves the right to remove User Content without prior notice, in its sole discretion, if it determines that the content violates these Terms. BYRD also reserves the right to terminate a user's access to the Site for repeated infringement of intellectual property or other rights, or for any other reason, without prior notice.

16. Prohibited Uses

You agree not to use the Site:

• For any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• To engage in any fraudulent, deceptive, or manipulative activity;
• To infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
• To defame, abuse, harass, or stalk any individual, or to disrupt or interfere with the security or use of the Site;
• To interfere with or damage the Site, including through the use of viruses, bots, Trojan horses, harmful code, denial of service attacks, or similar methods or technology;
• To attempt to gain unauthorized access to any portion of the Site, account, system, or network;
• To use any automated system, including bots, scrapers, or spiders, to access the Site without our express permission;
• To impersonate another person or entity or misrepresent your affiliation;
• To engage, directly or indirectly, in transmission of "spam," chain letters, junk mail, or unsolicited solicitations;
• To collect, manually or through automated means, information about other users without their express consent; or
• To purchase products for resale without our prior written authorization.

17. Export Compliance

Each product BYRD sells is subject to all applicable United States export laws and regulations. No products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, or Luhansk regions of Ukraine, or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders.

18. Disclaimer of Warranties

BYRD PROVIDES THE SITE, THE PRODUCTS, AND ALL SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. BYRD DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY INFORMATION ON IT WILL BE UNINTERRUPTED OR SECURE; WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS; WILL MEET YOUR REQUIREMENTS; OR WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BYRD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BYRD WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE SITE BY ANY THIRD PARTY, INCLUDING ANY ADVICE, MARKETING, OR LINKS TO THIRD-PARTY SITES. BYRD DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF, AND BYRD RESERVES THE RIGHT TO DISCONTINUE THE SITE AT ANY TIME.

BYRD MAKES NO WARRANTY OR REPRESENTATION REGARDING THE VALUE, FUTURE VALUE, LIQUIDITY, OR INVESTMENT POTENTIAL OF ANY PRODUCT.

Some jurisdictions do not allow the disclaimer of implied warranties; in those jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYRD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business;
• Loss of data or goodwill;
• Financial losses arising from market fluctuations or changes in gold prices;
• Losses resulting from your reliance on any information provided on the Site; or
• Any other intangible losses.

Such limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if BYRD has been advised of the possibility of such damages.

IN NO EVENT SHALL BYRD'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR ANY PRODUCT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO BYRD FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. If your jurisdiction does not allow such exclusion or limitation, BYRD's liability shall be limited to the maximum extent permitted by law.

20. Indemnification

You agree to defend, indemnify, and hold harmless Fly With Byrd, Inc., its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, members, shareholders, co-branders, partners, and advertising partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Any User Content you provide to the Site or otherwise transmit through it;
• Your use, purchase, sale, or possession of any BYRD products or services;
• Your connection to or use of the Site;
• Your violation of these Terms;
• Your violation of any rights of another;
• Your breach of any representation or warranty made by you to BYRD; or
• Your failure to perform your obligations hereunder.

If you are obligated to provide indemnification pursuant to this section, BYRD may, in its sole discretion, control the disposition of any claim at your sole cost and expense. You may not settle, compromise, or otherwise dispose of any claim without BYRD's prior written consent.

21. Section 230 of the Communications Decency Act

You acknowledge and agree that BYRD is an interactive computer service provider under Section 230 of the Communications Decency Act. Although BYRD may edit, remove, or control the content displayed through the Site, you agree that BYRD will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Site or otherwise.

22. Termination

Either BYRD or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of this Agreement shall not affect the rights and obligations of BYRD or you with respect to the period prior to the date of termination, including outstanding payment obligations. Failure to timely make payments to BYRD will result in suspension or termination of services as determined appropriate by BYRD.

23. Resolution of Disputes; Governing Law; Waiver of Jury Trial; Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to first contact BYRD at clientservices@flywithbyrd.com to attempt to resolve the dispute informally. BYRD will attempt to resolve the dispute within thirty (30) days of receiving your notice.

Binding Arbitration: If the dispute cannot be resolved informally, you and BYRD agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any products or services purchased (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class) basis.

Arbitration Rules: Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. Unless you and BYRD agree otherwise, any in-person hearing shall take place in Blaine County, Idaho, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND BYRD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Jury Trial Waiver: BY AGREEING TO ARBITRATION, YOU AND BYRD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

Opt-Out: You may opt out of this arbitration agreement and class action waiver by sending written notice to clientservices@flywithbyrd.com within thirty (30) days of your first purchase or first acceptance of these Terms, whichever is earlier, stating your name, address, the email address associated with your account, and a clear intent to opt out of arbitration. If you opt out, you and BYRD may pursue claims in court, subject to the governing law and venue provisions below.

Governing Law: These Terms and any Disputes shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Court Venue (For Matters Not Subject to Arbitration): For any matters not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Blaine County, Idaho, and waive any objection to venue in such courts. Notwithstanding the foregoing, BYRD will have the right to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce these Terms or prevent infringement of intellectual property rights.

One-Year Limitation: To the extent permitted by applicable law, you and BYRD agree that any claim or cause of action arising out of or related to these Terms or your use of the Site must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

24. Force Majeure

BYRD shall not be in breach of any obligation under these Terms, and shall have no liability to you (whether in contract, warranty, tort, including negligence, or otherwise), to the extent that BYRD's performance is delayed or prevented by any event beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, war, terrorism, civil unrest, government action, labor disputes, supply chain disruption, pandemic, epidemic, or failures of telecommunications or internet services.

25. No Waiver; No Assignment

No Waiver: No delay or failure on the part of BYRD in exercising any right or remedy shall operate or be construed as a waiver of that right or remedy. No partial exercise by BYRD of any right or remedy shall preclude the further exercise of that right or remedy or the exercise of any other right or remedy.

No Assignment: You may not assign these Terms, including any related rights or obligations, without the express prior written consent of BYRD, which may be granted or withheld at BYRD's sole discretion. BYRD may assign these Terms freely. These Terms shall be binding upon and inure to the benefit of the permitted assignees and successors of you and BYRD.

26. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

27. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, Cookie Policy, SMS Terms, Accessibility Statement, and any disclosures presented at checkout, constitute the entire agreement between you and BYRD regarding your use of the Site and the purchase of products, and supersede all prior agreements, representations, and understandings. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind BYRD.

28. California Consumer Rights and Notices

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and other California consumer protection laws. Please refer to our Privacy Policy for details on how we collect, use, and share your personal information, and how you can exercise your rights under California law. In the event of a data breach affecting your personal information, we will notify you as required by California Civil Code Section 1798.82 and other applicable laws.

Section 1789.3 Notice: Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

California Automatic Renewal Law Compliance: These Terms are intended to comply with the California Automatic Renewal Law, California Business and Professions Code Sections 17600-17606. The automatic renewal terms of your subscription are described in Section 9 above. By subscribing, you acknowledge that you have read and understand these automatic renewal terms and consent to them. You may cancel your subscription at any time using the methods described in Section 9.

29. Children's Privacy

The Site is not directed to persons under the age of eighteen (18), and BYRD will not knowingly collect personally identifiable information from children under the age of eighteen (18). If BYRD learns that it has inadvertently collected such personally identifiable information, BYRD will delete the personally identifiable information in accordance with its security protocols.

30. Privacy

Use of the Site is subject to the terms of our Privacy Policy, which is incorporated into and made part of these Terms by reference. Please carefully review our Privacy Policy. By using the Site, you agree to be bound by the terms of our Privacy Policy.

31. Accessibility

BYRD is committed to providing a website that is accessible to the widest possible audience, regardless of circumstance and ability. We aim to adhere as closely as possible to the Web Content Accessibility Guidelines (WCAG 2.2, Level AA), published by the World Wide Web Consortium (W3C). These guidelines explain how to make web content more accessible for people with disabilities.

Although BYRD strives to adhere to the guidelines and standards for accessibility, it is not always possible to do so in all areas of the Site, and we are continually working to improve. If you have comments or suggestions for improving the accessibility of the Site, please contact us at clientservices@flywithbyrd.com. Your feedback helps us make improvements.

32. Reservation of Rights

All rights not expressly granted in these Terms are reserved to BYRD.

33. Contact Information

For questions about these Terms of Service, please contact us:

Email: clientservices@flywithbyrd.com

Fly With Byrd, Inc.
PO Box 642
Ketchum, ID 83340