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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
WBUTC, LLC dba Wild Birds Unlimited. The collective work includes works that are
licensed to WBUTC, LLC dba Wild Birds Unlimited. Copyright 2003, WBUTC, LLC dba Wild Birds Unlimited
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with WBUTC, LLC dba Wild Birds Unlimited or purchasing WBUTC, LLC dba Wild Birds Unlimited
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
WBUTC, LLC dba Wild Birds Unlimited or to purchase WBUTC, LLC dba Wild Birds Unlimited products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by WBUTC, LLC dba Wild Birds Unlimited. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of WBUTC, LLC dba Wild Birds Unlimited
used in the site are trademarks or registered trademarks of
WBUTC, LLC dba Wild Birds Unlimited
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To
the fullest extent permissible pursuant to applicable law,
WBUTC, LLC dba Wild Birds Unlimited disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement.
WBUTC, LLC dba Wild Birds Unlimited does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
WBUTC, LLC dba Wild Birds Unlimited does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
WBUTC, LLC dba Wild Birds Unlimited shall not be liable for any special or
consequential damages that result from the use of, or the inability to
use, the materials on this site or the performance of the products,
even if WBUTC, LLC dba Wild Birds Unlimited has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a WBUTC, LLC dba Wild Birds Unlimited product is mistakenly listed at
an incorrect price, WBUTC, LLC dba Wild Birds Unlimited reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
WBUTC, LLC dba Wild Birds Unlimited reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, WBUTC, LLC dba Wild Birds Unlimited shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process. These
terms and conditions, or any part of them, may be terminated by
WBUTC, LLC dba Wild Birds Unlimited without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
WBUTC, LLC dba Wild Birds Unlimited may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to WBUTC, LLC dba Wild Birds Unlimited.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of
the state of New York, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
WBUTC, LLC dba Wild Birds Unlimited products) shall be in the state or federal courts
located in New York, New York. Any cause of action or claim you may
have with respect to the site (including but not limited to the
purchase of WBUTC, LLC dba Wild Birds Unlimited products) must be commenced within one
(1) year after the claim or cause of action arises.
WBUTC, LLC dba Wild Birds Unlimited's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. WBUTC, LLC dba Wild Birds Unlimited may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a WBUTC, LLC dba Wild Birds Unlimited or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
WBUTC, LLC dba Wild Birds Unlimited does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site,
WBUTC, LLC dba Wild Birds Unlimited is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However,
WBUTC, LLC dba Wild Birds Unlimited reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to
WBUTC, LLC dba Wild Birds Unlimited in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless WBUTC, LLC dba Wild Birds Unlimited,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors,
WBUTC, LLC dba Wild Birds Unlimited may link to sites operated by third parties.
However, even if the third party is affiliated with
WBUTC, LLC dba Wild Birds Unlimited, WBUTC, LLC dba Wild Birds Unlimited has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of WBUTC, LLC dba Wild Birds Unlimited. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, WBUTC, LLC dba Wild Birds Unlimited seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
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