Terms of service

Happy Bat Solutions LLC

Overview

Welcome to Happy Bat Solutions LLC! Throughout these Terms, "we," "us," and "our" refer to Happy Bat Solutions LLC. We operate happybatsolutions.com and related services, including all content, features, tools, products, and services (the "Services"). Our platform is powered by Shopify.

These Terms of Service ("Terms"), together with any policies referenced herein, describe your rights and responsibilities when using the Services. Please read them carefully, as they include important information about warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you should not use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, you may be asked to provide information such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products and Services

We have made every effort to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type and settings. We do not warrant that the appearance or quality of any product will meet your expectations or match what is depicted in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.

Section 2A — Wildlife Habitat Products

Happy Bat Solutions designs, manufactures, sells, and installs bat houses, owl boxes, and other wildlife habitat structures intended to support native wildlife. Wildlife occupancy is influenced by numerous factors

beyond our control, including habitat conditions, weather patterns, surrounding land use, wildlife populations, installation location, and environmental conditions.

While our products are designed using industry best practices, Happy Bat Solutions makes no guarantee that bats, barn owls, or any other wildlife species will occupy, utilize, or remain in any habitat structure purchased from us.

Happy Bat Solutions LLC is a wildlife habitat company. We do not provide pest control, wildlife trapping, or animal removal services.

Section 2B — Installation and Wildlife Services

Happy Bat Solutions provides bat house installation, owl box installation, owl box maintenance, site inspections, habitat assessments, consultations, and related services. We also provide wildlife exclusion services, which involve the structural identification and sealing of entry points to prevent unwanted access by bats, birds, rodents, and other wildlife to buildings and structures.

Exclusion services are performed using physical and structural methods only, including sealing, screening, and blocking of entry points. Happy Bat Solutions does not provide trapping, poisoning, extermination, or live animal removal services, and is not a licensed pest control operator.

Service recommendations are based on conditions observed at the time of inspection or installation. Because wildlife behavior and property conditions can change over time, specific outcomes cannot be guaranteed. Customers acknowledge that results may vary depending on factors outside the control of Happy Bat Solutions.

Because wildlife behavior and property conditions can change over time, specific outcomes cannot be guaranteed. Customers acknowledge that wildlife activity, occupancy, and long-term results may vary depending on factors outside the control of Happy Bat Solutions.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Happy Bat Solutions LLC reserves the right to accept or decline any order at its discretion. Your order is not accepted until we confirm acceptance and receive payment.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the contact information provided at checkout.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

You agree to provide current, complete, and accurate purchase and payment information for all purchases. You agree to promptly update your account and payment details so we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use such credit card; (iii) charges will be honored by your credit card company; and (iv) you will pay all charges incurred, including applicable shipping and taxes.

Section 5 — Shipping and Delivery

All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, weather conditions, natural disasters, supply chain disruptions, incorrect shipping information, or other circumstances beyond our control.

Once we transfer products to the carrier, title and risk of loss passes to you. However, if your order arrives damaged or appears lost in transit, please contact us at happybatsolutions@gmail.com and we will work with you and the carrier to help resolve the issue. Please refer to our Shipping Policy [LINK] for full details, including processing times, tracking, and procedures for damaged or lost shipments.

Installation and service orders are fulfilled on-site and are not subject to this shipping section.

Section 6 — Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof, are owned by Happy Bat Solutions LLC or its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. All rights not expressly granted herein are reserved by Happy Bat Solutions LLC.

Happy Bat Solutions LLC names, logos, product and service names, designs, and slogans are trademarks of Happy Bat Solutions LLC or its affiliates. You must not use such marks without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify Inc.

Section 7 — Third-Party Tools and Links

The Services may include access to optional tools or links to websites provided or operated by third parties. We neither monitor nor have control over such tools or sites, and we provide access to them "as is" and "as available" without any warranties, representations, or endorsement.

We are not responsible for the content, accuracy, privacy practices, or security of any third-party tools or websites. Any use of optional third-party tools or decision to leave the Services to access third-party sites is entirely at your own risk. Complaints or questions regarding third-party products and services should be directed to the relevant third party.

Section 8 — Shopify and Privacy

Happy Bat Solutions LLC is powered by Shopify. Any sales and purchases you make are made directly with Happy Bat Solutions LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Happy Bat Solutions LLC, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims arising from your purchases and transactions with Happy Bat Solutions LLC.

All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information in order to provide and improve the Services. Information you submit may be transmitted to Shopify and third parties located in other countries. By using the Services, you acknowledge that you have read our Privacy Policy.

Section 9 — Feedback

If you submit any ideas, suggestions, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including operating and improving the Services.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable. You are solely responsible for any Feedback you submit and its accuracy.

Section 10 — Errors, Inaccuracies, and Omissions

There may occasionally be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice.

Section 11 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly:

  • For any unlawful or malicious purpose, or to violate any applicable laws or regulations

  • To infringe upon or violate our intellectual property rights or those of others

  • To harass, abuse, defame, intimidate, or harm any person

  • To transmit false or misleading information or unsolicited promotional material (spam)

  • To impersonate any person or entity

  • To engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services

You also agree not to:

  • Upload or transmit viruses or other malicious code

  • Reproduce, duplicate, copy, or exploit any portion of the Services

  • Collect or track the personal information of others

  • Use any robot, spider, scraper, AI agent, or automated means to access the Services without authorization

  • Interfere with or circumvent the security or authorization features of the Services

We reserve the right to suspend or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 12 — Agents (Automated Access)

This section applies if you use, allow, enable, or cause the deployment of any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity and interacts with the Services without direct human supervision (an "Agent").

No Agent may access, use, or interact with the Services unless it: (i) identifies itself as an Agent in all HTTP/HTTPS requests by including "Agent/[agent name]" in its user agent string; (ii) does not conceal or obfuscate that it is an Agent; (iii) responds truthfully to any question seeking to determine if interactions are from a human or computer; and (iv) does not circumvent any measure intended to limit or control Agent access.

We may limit, including by technical measures, whether and how any Agent accesses the Services. We reserve the right to block any Agent that does not comply with these requirements.

Section 13 — Termination

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and any provisions that by their nature should survive.

Section 14 — Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

Section 15 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, HAPPY BAT SOLUTIONS LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.

Section 16 — Indemnification

You agree to indemnify, defend, and hold harmless Happy Bat Solutions LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent.

Section 17 — General Provisions

Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. The validity and enforceability of all remaining provisions shall not be affected.

Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies posted by us, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications, or proposals.

Assignment

You may not delegate, transfer, or assign these Terms or any of your rights or obligations without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in Sonoma County, California.

Headings

Section headings are included for convenience only and shall not limit or otherwise affect these Terms.

Section 18 — Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to this page. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes your acceptance of those changes.

Section 19 — Contact Information

Questions about these Terms of Service should be sent to:

Happy Bat Solutions LLC

happybatsolutions@gmail.com

(707) 322-2735