TERMS OF SERVICE
Birds 4 Homes Aviary and its affiliates (collectively, “Birds 4 Homes Aviary”) provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) exclusively under the following Terms and Conditions and all applicable laws:
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1. Ownership: All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in this Site belong to Birds 4 Homes Aviary. Additionally, the names, images, pictures, logos, and icons identifying Birds 4 Homes Aviary products and services are proprietary marks of Birds 4 Homes Aviary and/or its subsidiaries, parent company, or affiliates. Unless expressly provided below, no license or right is conferred, by implication, estoppel, or otherwise, under copyright, trademark, or other intellectual property rights.
1.2. License: You are hereby granted a non-exclusive, non-transferable, limited license to view this Site and to download and/or print insignificant portions of materials retrieved from this Site for informational, non-commercial purposes. You may not remove or obscure the copyright notice or other notices. No part of this Site, including materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed without the express written permission of Birds 4 Homes Aviary.
1.3. Government Use: Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
2. LINKS TO THIRD-PARTY SITES
Birds 4 Homes Aviary provides links to third-party websites for convenience. Birds 4 Homes Aviary does not assume responsibility for the content, technology, or privacy practices of third-party sites, and all use is at your own risk. You should review the privacy policy and terms of use for each third-party site before registration or use. Links to third-party sites do not imply endorsement by Birds 4 Homes Aviary.
3. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
This Site may contain references to Birds 4 Homes Aviary products and services not available in every country.
4. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, USA. Disputes related to this Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Florida, with jurisdiction solely in Florida, USA.
5. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by Birds 4 Homes Aviary with or without notice. Continued use of this Site following any change constitutes acceptance of the change.
6. COMMUNICATIONS
Any communication or information sent to Birds 4 Homes Aviary via electronic mail or otherwise in connection with your use of this Site may be used by Birds 4 Homes Aviary for any purpose without compensation.
7. LINKS TO BIRDS 4 HOMES AVIARY WEB PAGES
7.1. Birds 4 Homes Aviary permits links to this Site provided content, including copyright notice and other notices, is not removed or obscured. You must discontinue providing links if notified by Birds 4 Homes Aviary.
7.2. Proper usage of Birds 4 Homes Aviary logos is allowed for linking purposes only. Logos cannot be altered or modified other than resizing. No license to use any trademark or copyrighted materials displayed on this Site is granted, except as provided.
8. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions, along with any notices contained on this Site, constitute the entire agreement with respect to your access and use of this Site. Any provision deemed unlawful, void, or unenforceable shall be deemed severable from the remaining provisions without affecting their validity and enforceability.
9. DISCLAIMERS
9.1. THIS SITE IS PROVIDED “AS IS,” “AS AVAILABLE” AND BIRDS 4 HOMES AVIARY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BIRDS 4 HOMES AVIARY DOES NOT WARRANT THAT ANY MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.
9.2. BIRDS 4 HOMES AVIARY DISCLAIMS RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ERRORS IN THIS SITE, THIRD-PARTY WEBSITES, UNAVAILABILITY OF THIS SITE, YOUR USE OF THIS SITE, OR EQUIPMENT OR SOFTWARE USED IN CONNECTION WITH THIS SITE.
10. LIMITATION OF LIABILITY
A COVERED PARTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THIS SITE, INCLUDING ITS CONTENT. “Covered Party” means Birds 4 Homes Aviary, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign.
11. NON-COMPLIANCE, DISAGREEMENT
IF THESE TERMS AND CONDITIONS ARE UNACCEPTABLE, YOU MUST TERMINATE YOUR USE OF THIS SITE IMMEDIATELY.
