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Terms and Conditions of Use
Welcome to MyParrotFood.com, which is provided by JCB Seed, Inc., dba Wildwood Seed & Specialties. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms "MyParrotfood.com", "we", "us", and "our" refer to JCB Seed, Inc., dba Wildwood Seed & Specialties, and its affiliates, and subsidiaries. This document provides notice of specific legal obligations in connection with your use of our Internet or "web" sites (collectively, "Site" or "Sites"). By using this Site, you agree to be bound by our Terms and Conditions of Use, and our Privacy Statement (collectively, "Notices and Policies") in addition to other terms and conditions that may appear throughout our Sites.
Notices and policies, modification and severability:
MyParrotFood.com reserves the right to make changes to this Site and its Notices and Policies at any time. Each time you use this Site, you should visit and carefully review the then current Notices and Policies that apply to your transactions and use of this Site. If you use MyParrotFood.com, you agree to be bound by the then current Notices and Polices. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site. If any of these conditions shall be deemed invalid, void or unenforceable for any reason, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Copyrights, Trademarks and other Proprietary rights:
You acknowledge that MyParrotFood.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Our graphics, logos, page headers, characters, names, button icons, and scripts are trademarks or trade dress of MyParrotFood.com and may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyParrotFood.com. The use of any MyParrotFood.com trademark or trade dress is prohibited without the prior written consent of MyParrotFood.com. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyParrotFood.com.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Notices and Policies; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Disclaimer Regarding Information, Articles and Advice:
MyParrotFood.com offers articles, information, and advice to pet owners through this Site for educational and or entertainment purposes only. Any information offered through this Site is not intended to diagnose, prevent, treat, or cure any disease, illness or injury of your pet, and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, please call or visit your veterinarian or local animal hospital.
License & Site Access:
To view our products and member services requires formal entry into our Site by entering your home zip code. Through entry with your home zip code MyParrotFood.com grants you, the visitor, a limited license to access and make personal use of this site. Zip code identification is paramount to our e-commerce programming and any user found to have used a zip code other than their home zip code or initiating a process to subvert our zip code tracking may, at the sole discretion of MyParrotFood.com, have this limited license revoked temporarily or permanently. You may not download (other than page caching) or modify the Site or any portion of it, without our express, written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyParrotFood.com or its affiliates without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent.
Your Account (“My Account”):
In using the MyParrotFood.com site you may be asked to provide us with certain information as required by registration for MyParrotFood.com products and member services, including, but not limited to, your legal name, addresses, telephone numbers and e-mail addresses. You agree that all information that you provide will be accurate, complete and current. During registration, you will be required to give us a valid e-mail address for your account identification and select a password for access to your account. You are solely responsible for protecting the security and maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password, whether or not such use is actually authorized by you. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Third Party Links, User Submissions and Content to public areas:
We are not responsible for the content of any sites that may be linked to or from MyParrotFood.com, or any open forum associated with MyParrotFood.com. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from MyParrotFood.com, and MyParrotFood.com has no control over the content of that other website. In addition, a link to any other web site does not imply that MyParrotFood.com endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by MyParrotFood.com of that third party or of any product or service provided by a third party.
Certain areas of MyParrotFood.com may allow users to submit reviews, comments, articles, stories and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, that can be accessed and viewed by others, including the public in general. You may not post content that contains pornography or solicitation of sexual contact of any type, violence against gender, race or ethnicity, sexual preference, cultural or religious icon or deity, or any other violence against humans or animals, foul language or swearing not appropriate in a family setting or other abhorrent behavior, illegal, obscene, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. In addition, your submissions cannot consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
MyParrotFood.com or its affiliates may use information or content submitted to provide other consumers with product reviews and shopping information. If you do post content or submit material such as, artwork, cartoon, picture, photograph, image or likeness, and unless we indicate otherwise, you grant MyParrotFood.com a nonexclusive, fee-free, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, edit, alter, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MyParrotFood.com the right to use the name, username and hometown that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MyParrotFood.com for all claims resulting from content you supply. We will receive no User Submissions, regardless of how they may be marked, in confidence, nor shall they be subject to any express or implied obligation of confidentially. MyParrotFood.com has the right but not the obligation to monitor and edit or remove any activity or content. MyParrotFood.com takes no responsibility and assumes no liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYPARROTFOOD.COM, ITS AFFILIATES AND SUBSIDERARIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE, OR THAT THIS SITE AND ITS SERVERS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR E-MAIL COMMUNICATIONS SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS OTHERWISE EXPRESSED IN WRITING. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY MYPARROTFOOD.COM OR ITS AFFILIATES AND SUBSIDERARIES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSOCIATES, SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL MYPARROTFOOD.COM OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING MYPARROTFOOD.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MYPARROTFOOD.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, THAT OUR LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY US AND RETURNED BY YOU AS EXPRESSED IN OUR RETURNS POLICY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW AND, UNDER NO CIRCUMSTANCES WILL MYPARROTFOOD.COM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00).
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of MyParrotFood.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Termination of usage:
In addition to any other legal or equitable remedy, we may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, our Notices and Policies or is harmful to the interests of another user, Associates, or MyParrotFood.com. In addition, we reserve the right to refuse an order from any customer at our sole discretion. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
Children under 18:
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians and those responsible for supervising children under the age of 18 to decide which materials are appropriate to view.
Export, Applicable Law and Dispute resolution:
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. By visiting the Site, you agree that the laws of the State of Oregon, without regard to principles of conflict of laws, waiving claims that you might otherwise have against us based on laws of other jurisdictions, including your own; will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and MyParrotFood.com or its affiliates. Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in the State of Oregon, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, MyParrotFood.com may seek injunctive or other appropriate relief in the state or federal courts located in Benton or Lane counties in the State of Oregon, and you irrevocably consent to exclusive jurisdiction and venue in, and submitting yourself to the personal jurisdiction and venue in, such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Your receipt of an electronic or other form of order confirmation from MyParrotFood.com does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, limit quantities, or decline your order for any reason.
Product Errors and Omissions:
At MyParrotFood.com we do everything we can to ensure the accuracy of the product information and product images, but occasionally, despite our best efforts, errors occur. When errors are discovered, we will correct them. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
If 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 transaction, and may not be redeemed for cash, credit or refund. See other restrictions in the terms of each offer.
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