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TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS
WEB SITE (THE "SITE") OPERATED BY Bird Cage Mart YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and
conditions, by visiting, browsing, shopping, accessing or otherwise using the
Site. These terms and conditions are subject to change without prior notice at
any time, in Bird Cage Mart's sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to the
Site, the Customer accepts that change. Customers should check this User
Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Bird Cage Mart (References to
"you" or "your"
shall relate to a customer of Bird Cage Mart or other party that visits,
browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Bird Cage Mart" shall relate to Bird Cage Mart and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and
agree to be bound by this User Agreement and comply with all applicable laws
and regulations, including U.S. export and re-export control laws and
regulations. If you do not agree to this User Agreement, as it may be changed
by Bird Cage Mart from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to,
United States copyright law and international treaties. This Site is controlled
and operated by Bird Cage Mart from its offices within the United States. Bird
Cage Mart makes no representation that materials in the Site are appropriate or
available for use in other locations, and access to them from territories where
their contents are illegal is not authorized. Those who choose to access this
Site from other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of the state of NJ without regard to
conflict of law rules. You consent to jurisdiction of the federal and state
courts located in USA County, NJ to hear any such claims.
Access, Interference and Linking
Bird Cage Mart grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or
modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of Bird Cage Mart.
The following activity on the Site is expressly prohibited: Any
non-personal or commercial use of any robot, spider, other automatic device, or
manual process to monitor or copy portions of the Site or the content contained
herein without prior written permission by Bird Cage Mart; collection or use of
any product listings, descriptions, or prices, from the Site for the benefit of
another merchant that supplies products competitive with or comparable to those
offered on the Site; and, Any use of, visits to, or other action that imposes
an unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Bird Cage
Mart.
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of the Site so long as the link does not
portray Bird Cage Mart, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any Bird Cage Mart logo or other proprietary graphic or trademark as part of
the link without express written permission.
Bird Cage Mart does not review or control third-party sites that
link to or from the Site, and is not responsible for the contents of any
third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
Bird Cage Mart or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Bird Cage Mart
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without Bird Cage Mart 's prior written permission, "mirror" any
material contained on this Site on any other server. Any unauthorized use of
any material contained on this Site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of
their respective owners. Photographs courtesy of respective manufacturers. Bird
Cage Mart and the Circle of Service logo are trademarks of Bird Cage Mart
Copyright © 2002 Bird Cage Mart.
Microsoft and the Passport Logo are either registered trademarks
or trademarks of Microsoft Corporation in the United States and/or other
countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL Bird Cage Mart BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE,
EVEN IF Bird Cage Mart OR A Bird Cage Mart AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS
SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available
and/or by purchasing any products or services made available through this Site,
you agree with Bird Cage Mart, its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries and any content provider
or offer or of goods or services on this Site or through any other associated
activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR
DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER
RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE
ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is
filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this User Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New Jersey Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Burlington, NJ. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to
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. If you are under 18, you
may use the Site only with a parent or guardian. Bird Cage Mart reserves the
right to refuse service, terminate accounts, remove or edit content, or cancel
orders in its sole discretion.
Communications to Bird Cage Mart
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and
will be treated as, non-confidential and non-proprietary. Anything you transmit
or post may be used by Bird Cage Mart for any purpose, including but not
limited to reproduction, disclosure, transmission, publication, broadcast, and
posting. Furthermore, Bird Cage Mart is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to Bird Cage
Mart or the Site for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact:
Bird Cage Mart
P.O. Box 606
Burlington, NJ 08016
Phone: 609-386-2925
Fax: 609-386-8446
Email: orders@birdcagemart.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User
Agreement, please do not visit, browse, shop, access or otherwise use this
Site.
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