Skip to content

Disclaimers

Thank you for visiting the Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™

retail site! It is important to us that your experience with us be the best it can be so please review our below for information on our Terms and Conditions of Use. By accessing our store, or shopping from our website, you agree and consent to all the following terms and conditions.

Registration 

Upon registration you are responsible for your password and account access and you agree to accept all responsibility for actions that occur under your account and password. Impersonations of any kind, such as false e-mail addresses or misrepresentation of identity or authorship, will also constitute a breach of these Terms and Conditions of Use.

Website Admission and License

A limited license allows for restricted access to our store for personal use, which means, without express written consent from Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ modifications and/or downloading of content from our store is forbidden. Not included in this restricted license is the collection and use of any product descriptions, prices, or listings; any derivative use of our store, catalogs or other content; any commercial use or resale of our store, catalogs or other content; any use of data mining, robots, or similar culling and information collection devices. No portion of our store, catalogs or other content may be copied, duplicated, reproduced, visited, sold or resold, or otherwise exploited for any commercial purpose without express written consent of Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™

Restricted, nonexclusive, and rescindable rights to create a hyperlink to the homepage of any of our stores is permissible so long as the link does not portray Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™, our products or our affiliates in a derogatory, false, misleading manner. No part of that link can use any logo or other proprietary graphic or trademark of Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™  without express written consent

Pricing

We reserve the right to change any price at which we offer our goods and to correct any errors in the pricing contained in our store or website. We will  have no liability for any changes or errors and are not required to fill orders at previous or incorrect pricing

Transfer of Risk and Title

When you order an item at birdandbeanshop.com or stitchandsparrow.com, the purchase is pursuant to a shipment contract. That means once we deliver your purchase to the shipping company, the risk of loss and title of your purchase passes to you and/or the shipping company.

Copyright

Content generated by Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ such as copy, web pages and marketing communications, advertisements, graphics, prints and designs, photography, logos, images, video clips and software, is the property of Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ or its content suppliers, and protected by U.S. and international copyright laws. The compilation of all content in our stores and website is the exclusive property of Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ and is protected by U.S. and international copyright laws. All software used to present and manage our stores is the property of Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ or its software suppliers and protected by U.S. and international copyright laws. You may use the content and software published on our stores as a shopping and information resource only. Any other use, including the reproduction, modification, distribution, transmission, republication of our content is prohibited.

Trademarks

All trademarks, service marks, and trade names employed by Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ are proprietary to Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ or other respective owners that have granted Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ the right and license to use such trademarks, service marks, and trade names, and are protected by U.S. and international trademark laws. Without express written consent, Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ trademarks and trade dress may not be used in connection with any product or service that is not Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™, in any manner that is likely to cause confusion among our customers or retailers, or in any manner that disparages or discredits Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™. The use of meta tags or any other concealed text or search words exploiting the name or trademarks of Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ is expressly forbidden. To the extent you have in any manner violated or threatened to violate Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ intellectual property rights, Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ may seek injunctive or other appropriate action in any state or federal court.  Any other trademarks that appear in our stores, website or catalog that are not owned by Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ or its subsidiaries are the property of their respective owners, who may or may not be associated with Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™

Disclaimer

Our stores and website catalogs are provided on an "as is" basis. Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ make no representations or warranties of any kind, express or implied, as to the operation of our stores, the information, content, materials or products, included in our stores and catalogs. Price and availability information is subject to change without notice. All orders are subject to acceptance, verification and confirmation by Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™. To the full extent permissible by applicable law, Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ will not be liable for any damages of any kind arising from the use of our stores, including but not limited to direct, indirect, incidental, punitive and consequential damages. Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ does not guarantee that our stores, servers or e-mail sent from or through us or our stores are free from viruses or other injurious elements. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our discretion.

Applicable Law

By visiting our stores you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™or its affiliates.

Severability

If any of these Terms and Conditions of Use shall be regarded as invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

Modification and Termination

Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ may modify or terminate these Terms and Conditions at any time and may do so without notice or cause. Information collected under prior policies will be subject to the modified policies. 

DISCLAIMER

Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ disclaims all warranties with regard to the information provided on this web site or other sites linked to this site, including all express or implied warranties of merchantability or fitness for a particular purpose. In no event will Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ be liable for any direct, incidental, special, indirect, consequential damages, or punitive damages whatsoever resulting from loss of use, data, business interruption, sales, or profits, whether in a contract, negligence, or other action, arising out of access to, use of, or in connection with the use, inability to use, accuracy, suitability, or performance of this information, even if Nohi Kids, INC DBA Bird & Bean™ and Stitch + Sparrow™ is expressly advised about the possibility of such damages.