Terms of Services
Thank you for your interest in, and for taking the time to visit our website, thebirdmom.com (“Company” “us” “our” or “we”). The purpose of this website (the “website” or the “Site”) is to include helpful information related to backyard birding articles and product demos.
You should be aware that this Site is owned and operated by The Bird Mom, (the “Company”).
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND THIS AGREEMENT BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER ON THEBIRDMOM.COM. THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. YOU MAY NOT USE OR ACCESS OUR SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
General Disclaimer. The content on this website is provided for informational purposes only. Although we have made every effort to ensure the accuracy of all information posted to this Website, we can make no guarantees as to how the information and advice provided herein will affect you and your personal situation. If you need or require individual advice or guidance, then you should consult with a professional who can assist you.
Affiliate Disclaimer. Be aware that some of the links contained in our Site are affiliate links. This means that if you click on one of these links and decide to make a purchase, then we will earn a commission as a result of your transaction. We link to these companies and their products because of the quality of their service or products, and not because of the commission we receive from your purchases. The decision of whether or not to make a purchase is yours alone and we will not be held responsible for any issues, problems or damages that arise as a result of your use or purchase of any such products or services.
The Bird Mom is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
Educational Purposes Only. This website is created for educational purposes only and does not provide any professional advice of any kind. Professional advice can only be given with a full understanding of a client’s unique personal situation, and typically can only be given with a license. Accordingly, any recommendations, advice, or information provided on this website should be viewed within the context of general information and education. If you require additional advice or guidance, we recommend you seek out the assistance of a professional in your local area.
Permitted Uses. This site is intended for your personal, non-commercial use only. You may download or print out the information in this site, subject to restrictions outlined below and elsewhere provided for in these Terms and Conditions.
Impermissible Uses. If you would like to do any of the following with any content on our Site, you must have our express written consent:
- Use our content for any and all commercial purposes, including selling or licensing printed or digital versions of our content, including posts, articles, videos, podcasts, etc.
- Create a “derivative work” as defined by the United States Copyright Act.
- Reproduction or duplication of any content on the Website for commercial purposes.
- Modification of any content on this website, unless said content is specifically and expressly made available for modification.
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.
- From time to time, we may utilize various plugins, widgets, or other software that will allow sharing of content via social media, email or other methods. Use of these tools does not constitute any waiver of our intellectual property rights. Use of these tools is a limited license to republish the content of our website on approved social media channels, so long as you do not alter the content, including images, and give full credit to The Bird Mom;
- You shall not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without our express written permission;
- You shall not use the Website to transmit or send any unsolicited commercial communications;
- You must not use the Website for any third-party marketing without our express written permission or consent;
- Although we would like to, we do not permit the re-posting of our posts or articles in their entirety. This is because Google and other search engines may penalize our website for publishing duplicative content. Google often can’t tell which site hosts the original, so we risk getting penalized if we grant this permission;
- Finally, we cannot allow the translation and/or publication of our work in a language other than English.
Copyright. The design, content, images, and all other components of the Site are copyrights owned by The Bird Mom or other third parties. Accordingly, they are protected by the United States and international copyright laws. You may not use or republish any information, content, images or other related data from this website without our express written permission.
User generated content and Related Rules. By using and posting to our Site, you grant us a license to use the materials you post. This means that when you submit or post text, blog posts, comments, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to our Site (“User Generated Content”), you are granting our Company and its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, irrevocable, and fully-paid license to use, display, or publish the User Generated Content on the Website or any other online or offline platform, to store and distribute the User Generated Content, and to use said content for promotional and marketing purposes as we, in our sole discretion, should choose. We reserve the right to edit, modify, or create derivative works from the User Generated Content. You shall have no rights to said content. Under no circumstances will you be compensated for any User Generated Content. You agree that we may publish or otherwise disclose your name in connection with your User Generated Content. By posting User Generated Content on our Site, you warrant and represent that you own the rights to the User Generated Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Generated Content.
All User Generated Content is the sole responsibility of the person who provided it. We reserve the right to, in our sole discretion, remove, move, block, edit, or refuse any User Generated Content for any reason. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of our Company or Brand.
THE COMPANY IS NOT RESPONSIBLE FOR USER GENERATED CONTENT
You agree and understand that you may be held legally responsible for damages suffered by other Website Users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the Site that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, the Company is not legally responsible for, nor can it be held liable for damages of any kind arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Site.
Limitation of Liability. IN NO EVENT SHALL THE COMPANY, OUR MEMBERS, DIRECTORS, OFFICERS, MANAGERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, THIRD PARTY LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “WEBSITE PARTIES”) BE LIABLE TO YOU FOR YOUR ACCESSING THIS SITE. THE WEBSITE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED, WHETHER OR NOT THE COMPANY OR ANY OF THE WEBSITE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEBSITE PARTIES COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WEBSITE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
No Warranties. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND MAKES THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR RELATED SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHERMORE, COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Claims shall be heard by a single arbitrator. The place of arbitration shall be North Bergen, NJ. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator(s) may award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Severability; Waiver. If any term of this Agreement is
to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
Notices. This website is owned and operated by The Bird Mom. If you have a notice of a copyright infringement claim, please follow the procedures listed on our DMCA Takedown page. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected] or sent to our mailing address listed below:
- The Bird Mom
- 3135 Kennedy Blvd. Suite 300
- North Bergen, NJ. 07047
Amendments. We reserve the right to amend these terms at any time. We encourage you to check this page frequently to review updates and changes. Should a court of competent jurisdiction rule this amendment provision invalid, then this contract shall revert to the previous set of terms applicable to the website. Amendments are forward-looking only.