Terms & Conditions
References to “BirdFeet.Net” in this document means Resourceful Thinking Inc., its affiliates, subsidiaries, divisions and operational designees and the Site owner, BirdFeet.Net, Inc.
BirdFeet.Net 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 review the then current Notices and Policies that apply to your transactions and use of this Site. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use this Site. We are not responsible for typographical or photographic errors on this Site (see Product Display & Colors and Errors on Site for more information).
• Limitation of Liability
• Intended for Users Over 13 Years of Age
• Limitations Regarding Information, Articles & Advice
• Product Display & Colors
• Errors on Site
• Sales Tax
• Paying for Your Order
• Validating Your Order
• Order Acceptance/Confirmation
• Return Policy
• Order Limitations/Limited Quantities
• Termination of Site Use
• Contact Us
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. BIRDFEET.NET AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, “THIRD PARTIES”), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER BIRDFEET.NET NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER BIRDFEET.NET NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. PETSMART AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIRDFEET.NET OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BIRDFEET.NET OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES 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, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BIRDFEET.NET 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, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS 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 ANY EVENT, UNDER NO CIRCUMSTANCES WILL PETSMART BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED U.S. DOLLARS ($100.00).
See Legal Notices for more information.
INTENDED FOR USERS OVER 18 YEARS OF AGE
LIMITATIONS REGARDING INFORMATION, ARTICLES & ADVICE
BirdFeet.Net offers information, articles and advice to Pet Parents through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian.
PRODUCT DISPLAY & COLORS
This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.
ERRORS ON SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and BirdFeet.Net reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit/gift card has been charged.
If your credit/debit/gift card has already been charged for the purchase and your order is canceled, BirdFeet.Net will issue a credit to your credit/debit/gift card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with BirdFeet.Net Return Policy.)
Online prices, offers and selection may vary between our retail stores and Sites, and are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers.
Because BirdFeet.Net does business throughout the United States and Canada and collects and remits sales tax as required by law, this Site also collects and remits sales tax as appropriate.
IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.
RESOURCEFUL THINKING, INC. COLLECTS SALES TAX in states where we have physical presence (or nexus), including North Carolina. Resourceful Thinking, Inc. also collects sales tax in states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA), including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.
RESOURCEFUL THINKING, INC. DOES NOT COLLECT SALES TAX in any state NOT listed above because Resourceful Thinking, Inc. is not required to collect sales or use tax in these states.
FOR OUR TAX-EXEMPT CUSTOMERS:
RESOURCEFUL THINKING, INC. DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.
PAYING FOR YOUR ORDER
You may pay for your order with a debit card or major credit card, by using PayPal®, Bill Me Later®, Google Checkout. We accept Visa®, MasterCard®, American Express® and Discover® Card and debit cards with a MasterCard or Visa logo..
Generally, credit/debit cards are not charged by BirdFeet.Net until we either ship the order to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit/debit card issuer at the time you place the order, which may have an effect on your available credit.
When you pay by check, you authorize BirdFeet.Net or its check processing designee(s) to use information on your check to make a one-time electronic debit from your account at the financial institution indicated on your check. This electronic debit will be for the amount of your check; no additional amount will be added to this amount.
If we cannot collect your electronic payment, we will issue a draft against your account. If you do not have sufficient funds in your account, a fee of $25 will be debited electronically from your account.
Please contact our Customer Service Department to learn about other payment options if you prefer not to have your check used this way.
Orders paid for using PayPal will be debited at the time orders are placed. When using PayPal as your payment method, payment processing and how your credit/debit card or checking account is charged is at the sole discretion of PayPal.
See our Return Policy for more details about returns.
If using a promotional/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.
BirdFeet.Net reserves the right to restrict use of coupons on certain products, weight and destination fees, and expedited shipping charges.
Online coupons are not valid in BirdFeet.Net stores unless otherwise stated in the offer terms.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address.
We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason.
If we reject your order, we will attempt to notify you using the e-mail address you have provided with the order.
Generally, your credit/debit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.
Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
BirdFeet.Net reserves the right at any time after receipt of your order to accept or decline your order for any reason.
All sales made through this Site are subject to BirdFeet.Net’s Return Policy.
ORDER LIMITATIONS/LIMITED QUANTITIES
BirdFeet.Net may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. Restrictions may include orders placed by the same Site account, the same credit/debit card and orders that use the same billing and/or shipping address.
In the event we make a change to your order, we will attempt to notify you by the e-mail and/or billing address provided with your order. BirdFeet.Net reserves the right to limit or prohibit sales to dealers.
All orders placed on this Site are subject to product availability and will be shipped according to our Site shipping terms. In the rare event that your order never arrives, we must receive notification of lost items via e-mail and/or phone (as provided in our shipping terms) within sixty (60) days of receipt of the shipping confirmation e-mail.
You agree to indemnify and hold BirdFeet.Net and its officers, agents, employees and other partners and Third Parties harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any other third party due to or arising out of your use of this Site, including your use of this Site to provide a link to another site or to upload content or other information to this Site. See also Legal Notices.
This Site is operated by BirdFeet.Net, with offices in the United States of America. If there is any dispute regarding this Site, by using this Site, you agree that the dispute will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of North Carolina, Wake County.
TERMINATION OF SITE USE
BirdFeet.Net, in its sole discretion, may terminate your retail account, membership registration or similar uses of this Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to your termination.
BirdFeet.Net reserves the right to change, suspend or discontinue all or any aspects of this Site at any time, without prior notice. 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.
BirdFeet.Net may provide notice of termination by regular mail or e-mail.
ADDITIONAL TERMS GOVERNING YOUR USE OF OUR SITE AND SIMILAR INTERACTIVE SERVICES SITES
Eligibility & Registration
By registering for membership with BirdFeet.Net and similar service Sites, you agree that you are at least 18 years of age at time of registration; that you are responsible for all activities occurring under your username and for keeping your password secure; and that your use of our Site does not violate our Notices and Policies.
As part of the registration process, you must click to agree to our Notices and Policies, and will then be asked to select a username and password. You acknowledge that we may refuse to grant you a username that impersonates someone else, is or may be protected by proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
We may, in our sole discretion, remove any content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, Associates and affiliates.
You further agree that BirdFeet.Net and similar service Sites are available for personal, non-commercial use only and that you may not use our Sites for any illegal or unauthorized purpose. By using our Site, you agree to comply with all local United States and Canada rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or Canada, and that you are solely responsible for your conduct and any data, text, information, photos, links and other content that you submit, post and display on our Sites.
You warrant that such content is true and accurate, not false or misleading, and does not infringe any third party’s trademark, copyright, patent or trade secret or other proprietary rights, including publicity or privacy.
Alleging Copyright Infringement
If you suspect copyright infringement on our Site, use the following instructions to notify us. We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Be sure to consult with your attorney if you suspect copyright infringement.
Send us written notice by regular mail. To expedite our process, please use the following format:
1. Describe the material you believe has been infringed. For example, “The copyrighted work of concern is the picture at ___ ” (include the specific Internet address or URL if applicable) and include any relevant proprietary registration information.
2. Describe the material that you claim is infringing the work you identified in #1 above. Details are important.
3. Tell us how to contact you (include e-mail address).
4. Tell us how to contact the user(s) who posted the material you believe infringes your work (include e-mail address).
5. State the following: “I believe, in good faith, that use of the copyrighted material described above is not authorized by the copyright owner or its authorized representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right allegedly infringed.”
6. Be sure to sign your written notice to us.
7. Mail your written notice to: BirdFeet.Net, Inc., Attention: Online Customer Relations, 104 Empire Circle, Cary, North Carolina 27513 by registered mail.
If the person(s) who posted the original content sends us a counter notification, we will forward a copy of that notice to the person who filed the first notice and restore the material in question.
To file a counter notification with us, send us written notice by fax or regular mail. To expedite our process, please use the following format:
1. Identify the material that BirdFeet.Net has removed or disabled. Include the specific Internet address or URL.
2. Tell us how to contact you. Include your name, address, telephone number and e-mail address. State that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or North Caarolina if your address is outside of the United States), and that you will accept service of process from the person who provided notification to BirdFeet.Net of the infringement or an agent of such person.
3. State the following: “I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge and that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
4. Be sure to sign your written notice to us.
5. Mail your written notice to: Resourceful Thinking, Inc., Attention: Online Customer Relations, 104 Empire Circle, Cary, North Carolina 27513 by registered mail.
• E-mail: service@ BirdFeet.Net
• Regular Mail: BirdFeet.Net Attn: Customer Service 104 Empire Circle, Cary, NC 27513
• Phone: (919) 641-5400, 9:00 am to 5:00 pm Eastern Standard Time.
CHANGES/UPDATES TO NOTICES & POLICIES
Because our Site and stores will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party.
As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and BirdFeet.Net as you use our Site and supersede all prior understandings or agreements, written or oral, in this regard.
June 14, 2014