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Terms of Use  
Legal Terms and Use of Birdfarm.com
Birdfarm.com Legal Notices
You are a valued customer at Birdfarm.com. Please take a moment to read how we protect, collect and use the information you provide at our Website.

SECURITY

Secure Sockets Layering (SSL)
Birdfarm.com utilizes SSL to encrypt the information you provide when purchasing online (including but not limited to name, address and credit card number) before it is transmitted across the Internet to Birdfarm.com. This means you should not be able to place an order through an unsecured connection.

The Law Protects You
Consumer protection laws have been established to protect you against the unauthorized use of your credit card. In addition, federal laws limit your liability (responsibility) to $50.00 should someone steal your credit card and charge your credit card account.

PRIVACY

Your Personal Info
Birdfarm.com does not automatically collect personal information about you when you visit our Website. However, we may collect information under the following circumstances:

Site Traffic Information
For the purpose of analyzing site traffic and improving this Website, we anonymously track the path our visitors take when navigating the various pages of our Website. This tracking does not reveal anything to us about you personally, but it assists us in improving our Website to make your online experiences the best they can be. In the process of gathering this site traffic information, non-personally identifiable information (e.g., domain type, browser version, service provider, IP address) may be collected.

Personal Information
We may collect personal information from you when you elect to participate in the many interactive features on our Website. For example:
  • When you follow the checkout process and make a purchase;
  • When you create a personalized account for your convenience and become a registered customer;
  • When you sign-up to receive our sales announcements;
  • When you sign-up to enter our promotional sweepstakes; or
  • When you create or update a gift registry.


  • The categories of personal information we may collect from you include your name, mailing address, shipping and billing addresses, e-mail address, telephone number and credit card information.

    We do not provide your personal information to anyone except for companies that provide support services to us. For example, we use third parties to help us fulfill orders and administer the various online promotions that we offer from time to time. These companies need some of your personal information to perform their functions, to fulfill your requests and to make your online experience more satisfying. We may also share the personal information within Birdfarm.com departments so that we may send you information about our products, promotions and services.

    You should also be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Website, the site or the public.

    Cookies
    Birdfarm.com uses a browser feature known as a "cookie," which is a small text file number that is stored on your hard drive when you begin to navigate at a Website. The cookies used by Birdfarm.com do not contain any personal information about you, but they may identify your specific computer. When you return to Birdfarm.com, the cookie associates your computer with the information we may have stored from previous visits. In addition, Birdfarm.com, or a service provider acting as its agent for this limited purpose, may also use cookies to track activity and click-through behavior to better understand our visitors' preferences and browsing habits and to provide a more personalized experience while visiting our Web pages and for more personalized e-mail alerts.

    Children
    Birdfarm.com does not knowingly collect personal information from children under the age of 13. Should any parent or guardian discover that their child has provided personal information to Birdfarm.com, please e-mail us, and Birdfarm.com will make every effort to promptly delete the information.

    E-mail Newsletters
    Birdfarm.com allows you to receive e-mails from Birdfarm.com about our latest sales events, products or promotions. You may elect to join our e-mail list when visiting our Website, or we may automatically add you to that list when you use certain online features, such as signing up to participate in one of our online sweepstakes promotions. Each e-mail you receive from Birdfarm.com will offer you the continuing opportunity to cancel or "opt-out" of Birdfarm.com e-mail list.

    Links
    For your convenience, our Website may contain links to other Websites. Birdfarm.com is not responsible for the privacy practices or the content of such Websites.

    Updating Your Information
    If you elect to create a Birdfarm.com account or gift registry, you can update your information by simply signing back into your account or registry.

    Changes in Policy
    As we continue to offer new and different types of content and services, Birdfarm.com may modify our collection and use practices. Should there be a material change to our information practices, it will be applied only to information collected on a going forward basis, and we will update this privacy policy statement. For this reason, Birdfarm.com encourages you to review this security and privacy policy statement each time you visit this Website.

    Questions
    If you have any questions, comments or concerns with respect to our privacy practices or this security and privacy policy statement, please feel free to contact us.

    Scope and Effective Date
    This security and privacy policy statement applies only to information collected online at Birdfarm.com, and is effective November 29, 2005.

    Legal Notices — Terms & Conditions of Site Use

    Introduction
    This Website (www.Birdfarm.com) is operated by Birdfarm.com. ("Birdfarm.com"), a wholly owned subsidiary of Birdfarm.com Corporation, as a service to our customers. These Terms and Conditions of Site Use (the "Terms of Use") govern your use of this Website. PLEASE BE ADVISED THAT YOUR USE OF BIRDFARM.COM (THE "SITE") IN ANY MANNER, WHETHER BY BROWSING, PARTICIPATING IN AN ONLINE ACTIVITY OR PROMOTION OR MAKING A PURCHASE, CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. Birdfarm.com reserves the right to update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you agree to follow and be bound by the Terms of Use as changed. As such, Birdfarm.com recommends you review these Terms of Use each time you visit the Site.

    IF, AT ANY TIME, YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ANY OF THESE TERMS OF USE, YOU SHOULD NOT, AND ARE NOT ALLOWED TO, ACCESS OR USE THIS SITE. In the event of a violation of these Terms of Use, Birdfarm.com reserves the right to seek all remedies available by law and in equity.

    Use of the Site
    All materials you see and hear on this Site — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the "Contents")— are intended solely for personal, non-commercial use. You may access, view, download, print or copy the Contents and other materials displayed on the Site for your personal use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way, and (3) do not provide or make available the Contents to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Birdfarm.com reserves complete title and full intellectual property rights in any Content you access on this Site.

    Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from Birdfarm.com.

    Birdfarm.com may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Birdfarm.com also reserves the right to block or deny access to the Site to anyone at any time for any reason.

    Compliance with All Laws and Site Security
    You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" or (d) sending or relaying unsolicited e-mail, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while using the Site or interfere or attempt to interfere with the proper working of this Site.

    Pricing and Product Information
    While Birdfarm.com strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Birdfarm.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Birdfarm.com shall have the right, in its sole discretion, to refuse or cancel any orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Birdfarm.com will issue a credit to your credit card. We apologize for any inconvenience this may cause you. Birdfarm.com works hard to provide low prices on this Site as well as in Birdfarm.com stores. However, please be aware that sometimes a price on this Site may not match the price in a store. Prices and availability are subject to change without notice.

    Colors
    Birdfarm.com attempts to display the colors of our merchandise shown on this Site as accurately as possible. However, because your monitor's display may vary the colors shown, we cannot guarantee that your monitor will accurately depict the actual color of the merchandise.

    Quantity Limits
    Birdfarm.com offers merchandise to consumers through this Site and its retail stores. Birdfarm.com is a retailer, not a wholesaler, and Birdfarm.com does not sell to individuals or dealers for the purpose of resale to others. Birdfarm.com reserves the right, in its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applied, at Birdfarm.com discretion, to orders placed by the same Birdfarm.com account, the same credit card and/or orders that use the same billing or shipping address.

    If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by e-mail.

    Submissions
    Birdfarm.com welcomes your comments regarding this Site. However, Birdfarm.com does not want to receive confidential, proprietary or trade secret information through this Site. Please be aware that any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Submissions") sent to Birdfarm.com shall be and remain the exclusive property of Birdfarm.com. Birdfarm.com shall be entitled to use, reproduce, disclose, publish, distribute and modify any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information without restriction and without compensating you in any way. For this reason, Birdfarm.com asks that you not send Birdfarm.com any Submissions that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas or original artwork.

    Any personally identifiable information you provide to Birdfarm.com through the Site shall be subject to the Site's Privacy Policy. As with these Terms of Use, our Privacy Policy may change from time to time, and we encourage you to regularly review our Privacy Policy if you are concerned about our use of your personal information.

    Copyrights and Trademarks
    "Birdfarm.com" as well as related product and service names, design marks and slogans, are trademarks of Birdfarm.com. Unless otherwise noted, all Contents are copyrights, trademarks, service marks, trade names or other protected intellectual property owned, controlled or licensed by Birdfarm.com, one of its affiliates, or by third parties who have licensed their materials to Birdfarm.com and are protected by U.S. and international copyright laws. No rights in any trademark, service mark or trade name is granted to you in connection with your use of this Site. Without limiting the foregoing, please be advised that Birdfarm.com has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.

    Birdfarm.com and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, text, programs, products, processes, technology, and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Birdfarm.com or any third party's intellectual property rights.

    Limitation of Liability
    IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

    IN NO EVENT WILL BIRDFARM.COM OR THEIR AFFILIATES (COLLECTIVELY HEREIN "BIRDFARM.COM"), OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, OR TORT, EVEN IF BIRDFARM.COM IS EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. YOU SHALL DEFEND, INDEMNIFY AND HOLD BIRDFARM.COM HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES.

    IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, THE AGGREGATE LIABILITY OF BIRDFARM.COM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

    Disclaimer of Warranty
    BIRDFARM.COM PROVIDES ACCESS TO THIS SITE TO BIRDFARM.COM CUSTOMERS AND PROSPECTIVE CUSTOMERS "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

    WITHOUT LIMITING THE FOREGOING, BIRDFARM.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) UTILIZED TO PURCHASE MERCHANDISE OFFERED ON THIS SITE. This disclaimer does not apply to any product warranty offered by the manufacturer of the merchandise.

    WITHOUT LIMITING THE FOREGOING, BIRDFARM.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

    WITHOUT LIMITING THE FOREGOING, BIRDFARM.COM FURTHER DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR DAMAGE AS TO THE ACCURACY OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, BUT NOT LIMITED TO, PRICING, QUANTITY AND SIZES.

    Linking
    Periodically, links may be established from this Site to one or more external Websites or resources operated by third parties (the "Third Party Sites"). Birdfarm.com provides these links for your convenience only. In addition, certain Third Party Sites also may provide links to the Birdfarm.com Website. AT NO TIME SHALL ANY SUCH LINKS BE DEEMED TO IMPLY THAT BIRDFARM.COM ENDORSES OR APPROVES THE THIRD PARTY SITES OR ANY CONTENT THEREIN. BIRDFARM.COM DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING, ANY THIRD PARTY SITES OR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY SITES. ACCESS TO ANY THIRD PARTY SITES IS AT YOUR OWN RISK AND BIRDFARM.COM WILL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO SUCH THIRD PARTY SITES.

    Without limiting the foregoing, linking to our Site is strictly prohibited absent express written permission from Birdfarm.com. In addition, framing, inline linking or other association of this Site or its Contents with links, advertisements and/or other information not originating from this Site is expressly prohibited.

    Jurisdiction
    Birdfarm.com controls this Site from its offices within the State of Ohio. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA AND APO/FPO MILITARY ADDRESSES. Birdfarm.com does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all local laws. The terms of this Site shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You agree that Mahoning County, Ohio shall be the exclusive venue and jurisdiction for any dispute, liability, damage, claim or loss arising from or in any associated with your use of, or access to, the Site.