Terms & Conditions
COPYRIGHT, TRADEMARKS & RESTRICTIONS
All content included on BirdSupplies.com websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are copyrighted © by BirdSupplies.com, Inc. ALL RIGHTS RESERVED, and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BirdSupplies.com and protected by U.S. and international copyright laws. All software used on this site is the property of BirdSupplies.com or its software suppliers and protected by United States and international copyright laws.
The BirdSupplies.com websites and all material included therein (the "Materials") are the property of BirdSupplies.com and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by BirdSupplies.com. BirdSupplies.com's Materials, service marks, trademarks and trade dress may not be used in connection with any product or service that is not BirdSupplies.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BirdSupplies.com.
When you visit a BirdSupplies.com website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS
BirdSupplies.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BirdSupplies.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BirdSupplies.com. You may not frame or utilize framing techniques to enclose any service mark, trademark, logo, or other proprietary information (including images, text, page layout, trade dress elements or form) of BirdSupplies.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing BirdSupplies.com's name or trademarks without the express written consent of BirdSupplies.com. Any unauthorized use terminates the permission or license granted by BirdSupplies.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BirdSupplies.com.com so long as the link does not portray BirdSupplies.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BirdSupplies.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BirdSupplies.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use BirdSupplies.com only with involvement of a parent or guardian. BirdSupplies.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from BirdSupplies.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please contact BirdSupplies.com's customer service for assistance if your shipment is damaged upon delivery.
BirdSupplies.com attempts to be as accurate as possible. However, BirdSupplies.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BirdSupplies.com itself is not as described, your sole remedy is to return it in unused condition.
PRODUCT AND SERVICES INFORMATION
Product and/or services offered on any website are offered subject to availability. Price and availability may change. We endeavor to display all products shown on any website in an accurate manner; however, due to technical differences with customer equipment we cannot be responsible for variations in size, shape and color of products. The receipt of an e-mail order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers. We also reserve the right, in our sole discretion, to correct printing and/or pricing errors and change our delivery policy and delivery fees.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by BirdSupplies.com. If your purchase is shipped by a third-party seller, you may be charged at the time you place your order and third-party sellers may follow different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BIRDSUPPLIES.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIRDSUPPLIES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIRDSUPPLIES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIRDSUPPLIES.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM BIRDSUPPLIES.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIRDSUPPLIES.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
User Generated Content License
User Generated Content License. Please note that if you post, upload or otherwise make available any User Generated Content on our Websites, you will still own the User Generated Content (assuming you have rights to own it) but you are giving us the right to use your User Generated Content. That means that if you send in, post, upload, make available, or disclose to us in any way any User Generated Content, you grant us, our affiliates and related entities, the right use it any way we want in any medium without getting your permission or having to pay you for it.
In legal terms, by providing us with any User Generated Content, you grant us and our affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Generated Content, in any form, format, or medium, of any kind now known or later developed. You waive any moral rights you might have with respect to any User Generated Content you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Risk from User Generated Content. We try to create an environment in which users are posting and discussing content that you will find useful, interesting and appropriate; however we cannot and do not monitor or manage all User Generated Content. Thus, we do not promise the accuracy, integrity, or quality of the User Generated Content and do not endorse it in any manner. In other words, enjoy what other members post or share, but do it at your own risk.
Also, all User Generated Content provided on the Websites is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Generated Content that you provide.
BirdSupplies.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
All sales through any BirdSupplies.com website are subject to BirdSupplies.com's Returns Policy.
Is using a coupon code, it must be entered during checkout in the designated Coupon Code field to redeem the respective offer. Coupons may not be combined with other coupons or promotional offers, are limited to one per transactions, and may not be redeemed for cash, credit or refund. Other restrictions and terms may apply to each coupon or offer.
By visiting BirdSupplies.com.com, you agree that the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Conditions and any dispute of any sort that might arise between you and BirdSupplies.com.
Any dispute relating in any way to your visit to a BirdSupplies.com website or to products or services sold or distributed by BirdSupplies.com or through BirdSupplies.com.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in Milwaukee County, Wisconsin, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions at any time. If any of these Conditions shall be deemed invalid, void, or for any reason unenforceable, that Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Condition.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide notice to BirdSupplies.com's copyright agent with the written information specified below. Please note that this is the exclusive procedure for notifying BirdSupplies.com of infringement of your copyrighted material.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Mail your written notice to: BirdSupplies..com, 5025 N. Sungold Lane, Castle Rock, CO 80109
If you have questions about these Conditions or any other BirdSupplies.com policy, you may contact us at:
5025 N. Sungold Lane, Castle Rock, CO 80109
Phone: (719) 650-0812
User Generated Content Terms and Conditions
It is important to know that BirdSupplies.com has no obligation to prescreen UGC. BirdSupplies.com retains the rights but not the responsibility to edit or remove any UGC or terminate your account for any reason its sole discretion.
To be able to post UGC, you must register [URL for forum registration]. Registrants must create a profile with unique user ID and password ("Profile").
Rules for the Forums
Each forum is dedicated to a topic designed to help people share information about BirdSupplies.com's products and their experiences with those products. Stay on topic. Do not talk about BirdSupplies.com policies, future products, speculations or rumors about BirdSupplies.com and BirdSupplies.com products, or anything else off topic.
Post only constructive comments and questions.
Flaming and insults are prohibited. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
Do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other Registrants or website users.
The Forums are not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
Do not impersonate anyone else, and do not let anyone else use your Profile.
Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities.
Do not post any content that violates any applicable local, state, national, or international law. Do not post any content, or take any action, that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to interfere with or disrupt the website or services connected to the website.
You must be at least 13 years of age to become a Registrant. If you are between 13 and 18 years old, you must have your guardian's permission to use or post on this website.
- com Rights. Your UGC is not confidential or proprietary. You grant to BirdSupplies.com a non-exclusive, non-revocable, worldwide, perpetual right to use your UGC in any manner or media now or later known without limitation including but not limited to the right to sublicense, assign and commercialize without any compensation due to you.
- You are responsible for ensuring that any UGC that you post does not, and will not, violate third party rights of any kind. You warrant and represent that you own or control all rights in any UGC that you post to any Forum.
- Safeguard your Profile. You must notify BirdSupplies.com immediately of any unauthorized use of your Profile or a website. You agree that BirdSupplies.com shall not be liable for any loss that results from the unauthorized use of your Profile, either with or without your knowledge.
- General Use. You acknowledge and agree that BirdSupplies.com does not have any obligation to review UGC, that BirdSupplies.com is not in any manner responsible for UGC, that BirdSupplies.com does not guarantee the accuracy, integrity or quality of UGC, and that BirdSupplies.com cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable UGC will not appear on the website. You also acknowledge that by providing you with the ability to access, view and/or post UGC on the website, BirdSupplies.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any UGC or activities of Registrants or users on the website.
- Copyright Infringement. If your work has been copied and posted on the website in a way that constitutes copyright infringement, please notify our copyright agent in accordance with the provisions set forth in the website Conditions of Use.
- Disclaimer of Warranties and Limitations of Liability. For important information about BirdSupplies.com's disclaimer of warranties and limitation of liability arising from your use of a website, including, without limitation, with respect to any UGC, please see the website Conditions of Use.
Our goal for BirdSupplies.com's websites is to provide pet owners, hobbyists, students, and teachers with accurate, up-to-date information on the care of parrots. If you are interested in requesting permission to use any copyrighted content of this website to advance that same mission for non-profit purposes, please read and follow the guidelines listed below. Thank you for your cooperation.
Reprints may only be requested for free-access, educational purposes only, and may not be sold, resold, or distributed in any print or electronic form where there is an exchange of money for information, including subscriptions or access fees.
Permission to reprint must be obtained for each article to be reprinted or re-transmitted, prior to publication. Your request to reprint an article will be reviewed and you will receive notice of permission by e-mail or the postal service. All articles are copyrighted and must be reprinted as is, with no unapproved editing, additions, or alterations of the article from its original form.
Articles or images reprinted on a website must be credited to BirdSupplies.com, and contain the following copy at the beginning or end of the page:
BirdSupplies.com has the right to review examples of publications prior to or after granting permission, and retains the right to refuse or revoke reprint permission for any reason.