THESE TERMS OF USE constitute an agreement (“Agreement”) made between RUFFLED FEATHERS^® PARROT RESCUE AND SANCTUARY INC.(“RFS”) and any person accessing RFS’s Site (“you”) with respect to your use of RFS’s Site (the “Site”).  You agree to abide by all of the terms contained in this Agreement as a condition of your continuing to access, view or use the Site.  This Site and any of its services are provided subject to compliance with these terms and conditions of use. Additional terms and conditions apply to the purchase of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference.  You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.  If there is a conflict between these Terms of Use and the terms of other special terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the terms of such other special terms shall control with respect to your use of (i) that portion of the Site and/or (ii) the specific service.  RFS and you are collectively referred to as the parties.  As used in this Agreement, the terms “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”

 

 

 

            a.  Description.  The Site is proprietary to RFS and is protected by intellectual property laws and international intellectual property treaties.  Your access to the Site is licensed and not made available unconditionally to you.  Subject to the terms and limitations set forth in this Agreement, RFS agrees to provide you with a personal, non-transferable and non-exclusive right to access, view, use and link to the Site.

             b.  Accessibility.  You agree that from time to time the Site may be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which RFS may undertake from time to time; and/or (iii) causes beyond the control of RFS, whether or not foreseeable.

 

             c.  Equipment.  You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.

 

             d.  Linking.  You may link to the Site only by means of a hypertext link (a Hypertext Reference or “HREF”), the most fundamental hyperlink, achieved through use of a piece of text which is differentiated from regular text onscreen by a special color or formatting, such as underlining.  HREF simply directs the reader from information displayed on your Site to information displayed on this Site subject to the limitations set forth in Section 4 below. Operationally, when a user clicks on a hypertext link, its browser terminates its link to your Site and establishes a new connection with this Site.  Such HREF’s display content from only one Site at a time, and your Site does not copy any content from this Site.  The hypertext links permitted under this Section may not incorporate any textual or graphical materials or other content from this Site and may not be used to engage in infringements of third party proprietary rights and/or unfair trade practices, such as passing off, misappropriation of goods and services, false advertising and trade libel.

 

Reserved Rights.  RFS reserves the rights, in its sole and absolute discretion, at any time, without notice and from time to time:

 

            To revoke your current, and/or block your future, access to (i) any right and/or access granted under this Agreement, including under any RFS license available on this Site to which you are a party, e.g., in the event of any violation of these Terms of Use or any other additional terms accessed through this Site including infringement of third party proprietary rights on one or more occasions and/or failure to correctly identify audio source files in a RFS file posted to the Site, and (ii) any link to, access, and/or use of the Site.

 

            To change, modify, add or remove any portion of this Agreement and/or the Site, in whole or in part.

 

            To monitor Content on this Site, use of this Site, and any RFS services and to remove Content, disable sites, or suspend or terminate services if RFS, in its sole discretion, determines that such Content or user practices are harmful, offensive, or otherwise in violation of these Terms of Use.

 

            For any reason, to: (i) remove or disable access to all or any portion of the Site; (ii) suspend your access to or use of all or any portion of the Site; and/or (iii) terminate, in whole or in part, this Agreement and/or this Site without liability.

 

            To remove or refuse any information and/or Submission (defined in Section 2.g below) for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your Submissions.  You acknowledge and agree that neither RFS nor any third party that provides Content to RFS will assume or have any liability for any action or inaction by RFS or such third party with respect to any Submission.

 

            To cooperate fully including disclosing your identify and/or comply with any applicable law or regulation or law enforcement authorities, government authority, court order or legal process requesting or directing RFS to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use or whenever RFS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

            To disclose any information RFS has about you (including your identity) if RFS determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) RFS’s rights or property, or the rights or property of visitors to or users of the Site, including RFS’s licensees.

 

            To preserve any transmittal or communication by you with RFS through the Site or any service offered on or through the Site, and to disclose such data if required to do so by law or if RFS determines that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of RFS, its employees, licensees, users of or visitors to the Site, and the public.

 

 

            a.  Security.  You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that you transmit to the Site.  Any passwords used for this Site are for individual use only.  You will be responsible for the security of your password (if any).  You agree that RFS is entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that RFS, in its sole opinion, considers insecure, RFS may require you to change the password and/or terminate your account.  You agree to notify RFS immediately of any unauthorized use of your account or password, or any other breach of security.  You may be held liable for losses incurred by RFS or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

 

            You are prohibited from using any services, programs, tools or facilities provided by RFS and/or others in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed to compromise security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, RFS reserves the right to release your details to system administrators of other sites in order to assist them in resolving security incidents.  RFS reserves the right, and you agree that RFS has the right, to investigate suspected violations of these Terms of Use.  You agree to assist and cooperate with RFS and such other system administrators as necessary to respond to Site security threats and to verify violations of these Terms of Use.

 

            b.  Privacy.  RFS takes the issue of privacy on the Internet very seriously.  To view our Privacy Policy, click here.  RFS will not collect, monitor, edit, or disclose any personal information about you, including your use of the Site, without your prior consent or other than as stated in our Privacy Policy.  You have no expectation of privacy with respect to the Internet generally or this Site in particular except as stated in our Privacy Policy.  Your personal information is treated by RFS only in accordance with RFS’s Privacy Policy.

 

         c.  Nature of Site Content.  RFS makes content available on this Site as a service to the public generally and specifically to our customers and other friends only under the terms and conditions of this Agreement and any separately agreed to terms entered into by you on this Site (the “Content”).  The materials on this Site are not intended to create any relationship between RFS and you or anyone else.  Any relationship must be expressly created between RFS and you by means of direct, interpersonal contact between you and RFS.  You should not act (or refrain from acting) based upon information in this Site without obtaining professional advice regarding your particular facts and circumstances.  RFS makes no representation, claim or guarantee whatsoever regarding any result, outcome or effect from access to or use of the Site, the accuracy of the identification of and/or effectiveness of any linked to audio sources, of otherwise.

 

         The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by RFS.  You should use the Content in the same manner as any other publicly available and/or educational medium and should not rely on the Content to the exclusion of your own judgment.  Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals and/or purposes.  All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and RFS does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, timely, accurate or complete.

 

           d. Confidentiality of Information Transmitted to RFS.  You also should be aware that if you send messages to RFS (or any of its staff, employees, agents or representatives) through Internet electronic mail or through the RFS Site, such means are not secure, and RFS does not guarantee the confidentiality of such communications.  Consequently, you understand, agree, and assume the risk that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.  RFS does not agree to accept and/or maintain the secrecy of any unsolicited information you send to RFS except if a written relationship of confidentiality currently exists between us.  No such confidentiality relationship is created unilaterally by your sending to RFS any information you consider to be confidential.  The creation of a confidential relationship is only by means of RFS’s licensing procedures on this Site.  However, notwithstanding any confidentiality relationship that may exist between you and RFS, RFS cannot guarantee the confidentiality of correspondence through Internet electronic mail or through the RFS Site.

 

            e. RFS’s Products and/or Services.  RFS’s obligations, if any, with regard to its products and services are governed solely by the terms and conditions pursuant to which they are provided, and nothing on this Site should be construed to alter such terms and conditions.  RFS reserves the right to change any products or services offered on the Site, or to the applicable payments and prices, if any, for any such products or services, at any time, without notice.  The materials on the Site with respect to RFS products and services may be out of date, and RFS makes no commitment to update the materials on the Site with respect to such products and services.

 

            f.   Changes.  Changes in this Agreement will be posted on this Site.  Your continued use of this Site after any changes are made, shall constitute your acceptance of the changes and your agreement to be bound by any such changes.  RFS may modify, suspend, discontinue or restrict the use of any portion of Ruffledfeatherssanctuary.org, including the availability of any portion of the Content at any time, without notice or liability.  You acknowledge that RFS may update this Site and its Content from time to time and that RFS is under no duty to notify you of such updates (including link updates) nor does RFS have any obligations or liability to you with respect to such updates. 

 

            g.  Hyperlinks.  This Site may be hyperlinked to other sites which are not operated and/or maintained by, or related to, RFS.  Hyperlinks to such sites (third parties) are provided as a service or convenience to users and are not sponsored or endorsed by or affiliated with this Site or RFS.  RFS has not reviewed any or all of such sites and is not responsible for the content of those sites.  Hyperlinks are to be accessed at your own risk, and RFS makes no representations or warranties about the content, completeness, security or accuracy of these hyperlinks or the sites hyperlinked to this Site.   Further, the inclusion of any hyperlink to a third-party site does not imply endorsement by RFS of that site.  RFS is not responsible for the availability or reliability of the content of these third party sites.  Any information you provide to those third parties is not subject to the terms of this Site’s privacy policy, and RFS is not responsible for the treatment of the information you provide to those third parties.  We recommend that you review the privacy policy of that third party, and of any third party to whom you provide personally identifiable information online.

 

            h.  Submissions.  You hereby grant to RFS the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information and any accompanying materials communicated to RFS through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  All Submissions are nonconfidential and, consequently, RFS (i) is not required to treat any Submission as confidential, (ii) may use any Submission in its business or otherwise for any purpose whatsoever, including, but not limited to, research, development, manufacture, advertising or sale of any products or services incorporating or relying on such information without incurring any liability for royalties or owing you any other consideration of any kind, (iii) is not required to acknowledge you or provide you attribution of any kind, and (iv) will not incur any liability as a result of any similarities that may appear in future RFS operations.  Notwithstanding the foregoing, to the extent any Submission falls within the scope of the Privacy Policy, it shall be treated in accordance with the RFS’s Privacy Policy.

 

            i.  Disclaimer.  You understand that RFS cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.  RFS does not assume any responsibility or risk for your use of the Internet and/or this Site.

 

            j.  Not Intended for Use by Children.  This Site is not intended for, nor do we believe it is appealing to, children under the age of 13.  RFS will not knowingly collect information from Site visitors in this age group and does not knowingly permit Site visitors in this age group to register as licensees of RFS on this Site.

 

 

            The Site, its text, visual imagery, Site design and Content and its products and their formulae (e.g., its retail and custom mists) are protected under U.S. and Canadian laws, international conventions and other national laws including copyright, patent, trademark, trade dress and moral rights laws (collectively, the “Intellectual Property Rights”) and are owned, controlled, or licensed by RFS from the party credited as the provider of the Content.  The Content of the Site is made available only for your personal, informational and noncommercial use.  Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in or to such Intellectual Property Rights to use, copy, publish, transmit or modify the copyrighted Content, message or non-literal elements of the Site including its “look and feel” without the express written permission of RFS.  Notwithstanding the foregoing, you may use any information or other descriptive materials on RFS Site purposely made available by RFS for downloading from this Site (the “Information”) only if you (i) do not remove any proprietary notice language in all copies of such Information, (ii) use such Information only for your personal, non-commercial informational purpose and do not copy or post such Information on any networked computer or broadcast it in any media, (iii) make no modifications to any such Information, and (iv) not make any additional representations or warranties relating to such Information beyond those, if any, expressly stated in such Information.  Except as expressly provided in these Terms of Use, no part of this Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without RFS’s express prior written consent.  You agree not to copy, use or otherwise infringe upon RFS’s Intellectual Property Rights (including its trademarks or service marks contained in this Site).  You further agree that you will not alter or remove any trademark, service mark, copyright or other notice from any copies of the information or other Content downloaded from this Site.  Without prior written consent of RFS, you may not co-brand or use any RFS trademark, service mark or logos in connection with this Site.  You shall not modify or change the Content set forth in this Site nor otherwise create derivative works from such Content.  You agree to abide by any and all additional copyright and/or patent notices, information, or restrictions contained in any part of the Site.  Unless otherwise expressly provided in another written authorization, no right is granted to you to any Intellectual Property Rights; all such rights are reserved exclusively to RFS.  You acknowledge that RFS values its rights in this Site and its Content as extremely valuable, key business assets whose compromise and/or loss would result in incalculable damage to its interests and reputation and its ability to remain in business.  Consequently, you acknowledge and agree that all use of RFS’s business assets shall be strictly in accordance with this Agreement and that any such use of these assets by you will ultimately be for the benefit of RFS and its business objectives in providing this Site and its Content for your licensed use.

 

            Any use of this Site and/or its Content by you or by anyone else who accesses this Site and/or its Content through your licensed access and/or computing assets not in strictest compliance with the limitations, restrictions, and your undertakings under this Agreement violates RFSs rights and misappropriates its property if you or they (i) exceed your personal authorization to use this Site and its computing assets only for the benefit of RFS; (ii) infringe RFS's intellectual property rights; (iii) commit trespass against RFS; and (iii) breach your contractual and licensing undertakings under this Agreement.  RFS reserves all rights to take whatever actions are legally necessary to enforce its rights in the Site and/or its Content.

 

 

 

            The use of this Site is intended for lawful purposes only.  You are solely responsible for any and all of your acts and omissions that occur when using the Site, and you agree not to engage in unacceptable use of the Site.  RFS reserves the right to bar any such activity.

 

            You may not engage in any activity or post, send, submit, publish, or transmit in connection with this Site any material that:

 

 

 

            Certain areas of this Site may be made accessible only to registered users. To be a registered user, you must be eligible (i.e., over [18] years of age), register as instructed on this Site, and agree to any terms and conditions applicable to registered users presented on this Site during your completion of the registration process. To access the registered-user-only areas of this Site, you will need the username and password you select and set when you register.  You acknowledge that the use of username and password is an adequate form of security.  You are solely responsible for (i) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (ii) not allowing another person to use your username or password, (iii) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (iv) promptly informing RFS in writing of any need to deactivate an username due to security or other concerns.  RFS is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use this Site using your username or password.  You shall immediately notify RFS of any unauthorized use of your username or password and any breach of confidentiality. Until RFS receives this notification from you, you will be held liable for any harm ensuing from the use of your username on this Site.

 

            If you grant Site access to an authorized user to view your account information, it is your responsibility to terminate Site access preferences for that person when it is no longer appropriate for them to have that access. It is recommended that you reset your password when making this update to your profile. 

 

 

            This Agreement is effective upon your access or use of the Site and shall continue in full force until terminated.  These terms, conditions, and any policies contained on this Site are effective until terminated by either party.  If you no longer agree to be bound by these terms and conditions, you must cease your use of this Site.  Your use of this Site is at your sole risk. If you are dissatisfied with this Site, its Content, or any of these terms, conditions, and policies, your sole and exclusive legal remedy is to discontinue using this Site.  You agree that RFS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Site or any service offered on or through the Site, or (iv) unexpected technical issues or problems.  You agree that RFS will not be liable to you or to any third party for termination of your access to the Site, software, and/or Content as a result of any violation of these Terms of Use.

 

 

            THE SITE, ITS CONTENT AND ANY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  USE OF THE SITE IS AT YOUR SOLE RISK INCLUDING OF ANY SOFTWARE AND/OR CONTENT DOWNLOADED FROM THIS SITE.  RFS DOES NOT WARRANT THAT THE SITE, ITS FUNCTIONS. SERVICES, OR CONTENT  WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES, AND CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NOR DOES RFS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, CONTENT OR SERVICES.  RFS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE, SERVICES, AND/OR ITS CONTENT.  THE CONTENT ON THIS SITE AND ANY SERVICES ARE PROVIDED AS GENERAL INFORMATION ONLY AND IS NOT PROMISED OR GUARANTEED TO REFLECT THE MOST CURRENT DEVELOPMENTS IN ANY FIELD.  RFS DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE CONTENT IS COMPLETE, ACCURATE OR UP-TO-DATE.  NOR IS RFS RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE.  ANY REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY RFS.

 

            RFS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.  THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND RFS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.  YOU, AND NOT RFS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.  RFS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

            Certain of the information on this Site is licensed by RFS or otherwise made available to RFS by third parties. RFS is not responsible for the content of any information provided to it by any third party. Information accessible through this Site speaks only as of the date such information was prepared.  Such information may be incomplete or may have become out of date.  RFS makes no commitment, and disclaims any duty, to update or revise such information.

 

 

            UNDER NO CIRCUMSTANCES SHALL RFS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR OTHER ECONOMIC LOSS FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE CONTENT, SERVICES OR THE INTERNET GENERALLY, INCLUDING YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE INCLUDING PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF RFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE.  SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS FOR YOU TO DISCONTINUE USE OF THE SITE. 

 

            IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, RFS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, IN NO EVENT SHALL RFS’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHATSOEVER WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF ONLY TEN US. DOLLARS ($10.00 U.S.).  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

 

 

            You agree to indemnify, hold harmless and defend RFS, its directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to or in connection with: (a) your use of the Site, including any data or work transmitted or received by you; and (b) any unacceptable use of the Site, including any statement, data or content made, transmitted or republished by you which is prohibited as unacceptable at Section 4 (Prohibited Uses).  MOREOVER, BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS RFS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RFS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RFS OR LAW ENFORCEMENT AUTHORITIES. 

 

 

            Trademarks, service marks, and logos appearing in this Site are the property of RFS or the party that provided the trademarks, service marks, and logos to RFS.  RFS and any party that provided trademarks, service marks, and logos to RFS retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site including all good will arising from any such use.

 

 

            You agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party.  It is our policy not to permit materials known by us to be infringing to remain on the Site.  RFS has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site.  If you believe any Content and/or other material in this Site is infringing, please contact us immediately.  Pursuant to the Digital Millennium Copyright Act, DMCA, we have registered an agent to receive copyright claims (“Designated Agent”).

 

            You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at :

 

Gil Stern (Director, Treasurer & Secretary

RUFFLED FEATHERS^® PARROT RESCUE AND SANCTUARY INC.

Phone: (443) 974-5474
Email: [email protected]

 

            Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA.  You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending your claim.

 

            Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the Content and/or material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content and/or material at issue.

 

            Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

 

           

            You may be contacted by RFS by e-mail or other forms of direct mail or telemarketing.  However, you may “opt-out” of receiving such communications by sending an e-mail to RFS and electing “No Direct Mail” and “No Telemarketing” options.  If you do not want any notices of enhanced services or offerings from RFS, RFS will remove you from the lists used by RFS for e-mail, direct mail or telephone solicitations.

 

 

 

            a.  Independent Contractors.  The parties and their respective personnel, are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

 

            b.  Waiver.  No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof.  No waiver shall be binding unless executed in writing by the party making the waiver.

 

          c.  Severability.  If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be only enforced to the maximum extent legally possible and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. Consequently, if any of these terms and conditions is determined to be void, unlawful, or unenforceable, the validity and enforceability of the remaining terms and conditions shall not thereby be affected or impaired.

 

           d.  Notice.  Except as provided in Section 11 above regarding notices under the DMCA, all notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties' last known e-mail address.  You hereby consent to notice by e-mail.  Notwithstanding the foregoing, you may remove your name and e-mail address from any correspondence sent by RFS by notifying RFS in writing that you are opting out of any future correspondence from RFS.  All e-mail addresses obtained by RFS through this Site will be treated strictly in accordance with the RFS’s Privacy Policy.

 

           e.  Law.  This Agreement is made in and shall be governed by the laws of the State of New York without reference without reference either to its choice of law provisions or its Arbitration statute or other dispute resolution provisions, and the U.S. Arbitration Act, 9 U.S.C. §§ 1 et seq.

 

.           f.  Binding Arbitration.  Except as may otherwise be provided in this section, any and all disputes between both parties arising out of or otherwise relating to this Agreement and its implementation will be settled solely and exclusively by arbitration using a single arbitrator in the State of Maryland, pursuant to the J.A.M.S/ENDISPUTE’s Streamlined Arbitration Rules and Procedures then in effect (the “Rules”). If the parties cannot agree on an arbitrator, one shall be selected in accordance with the Rules.  The arbitrator has no authority to entertain any class action in connection with the Terms of Use.  Any decision rendered shall be final and conclusive upon both parties and a judgment thereon may be enforced in any court having jurisdiction.  All costs incurred in arbitrating a dispute shall be shared in proportion to the parties' respective amounts of liability.  Notwithstanding the foregoing, RFS shall have the right to institute an action in any court or tribunal in the event you infringe RFS's proprietary rights or breach your restricted use obligations.  You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to RFS, for which monetary damages would be inadequate, and you consent to RFS’s obtaining any injunctive or equitable relief that RFS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies RFS has at law or in equity.

 

            g.  Forum.  All actions, claims or disputes arising under or relating to this Agreement shall be brought in the courts having jurisdiction in State of Maryland.  The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the pertinent courts in State of Maryland  The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the pertinent courts in Carroll County, Maryland and to the laying of venue of any such suit, action or proceeding brought in any such pertinent court in Carroll County, Maryland.

 

            h.  Process.  The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including service by certified or registered mail, return receipt requested.  No provision of this Section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the pertinent courts of the State of Maryland, i.e., of Carroll County, Maryland.

 

            i.  Attorney's Fees.  If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

 

            j.  Headings.  The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.

 

            k.  Force Majeure.  If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

 

            l.  International Use.  RFS administers and operates the www.ruffledfeatherssanftuary.com Site from its location in Maryland, United Stated of America. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside United States of America.  RFS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, software, product or service to any person or geographic area.  Any offer for any feature, software product or service made on the Site is void where prohibited.  If you choose to access the Site from outside the United States of America, you do so on your own initiative and you are solely responsible for complying with applicable local laws.  RFS makes no representation that materials available on this Site or any or through any RFS service are appropriate or available for use in locations outside United States of America, and accessing them from territories where their Content is illegal is prohibited.  Those who access this Site or any site linked to by RFS from other locations are responsible for compliance with local law.

 

            m.  Survival.  The provisions of this Agreement which either expressly or by their respective natures survive expiration or early termination of this Agreement shall survive any termination or expiration of this Agreement until such provisions expire in accordance with their respective terms.

 

            n.  Entire Agreement.  This Agreement together with the RFS furnished forms, if any, and the RFS Privacy Policy constitute the complete and exclusive statement of the agreement between the parties with respect to use of the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site.  YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS & CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.

 

 

 

 

 

            You should know that the site you are entering is not under the control of RFS.  Please note that RFS is not responsible for the accuracy or content of sites of other providers which may be accessed through links from this Site.  Accordingly, RFS can make and makes no representation concerning the content of these sites to you, nor does the fact that RFS has provided this link serve as an endorsement by RFS of this linked to or any other linked to site.  In creating hypertext links to any other site, RFS is not recommending that linked to site or giving any assurances as to its standing.  RFS is providing this link only as a convenience to you.  The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed or products or services offered on these linked to sites, or the organizations sponsoring the sites.  RFS makes no warranties, explicit or implied, regarding the performance of the links, the performance of the linked to sites or the contents of the linked to sites.

 

            This is to inform you that RFS has not tested any software found on these linked to sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there.  There are inherent dangers in the use of any software found on the Internet, and RFS cautions you to make sure that you completely understand the risk of retrieving any software on the Internet.

 

            You are strongly urged to be cautious and to keep your anti-virus software up to date (or to install such programs if you have not already done so) and to download promptly any security or other patches provided by your software, browsers, service, computer or other product providers.

 

            When leaving the RFS Site, you should be aware that RFS’s terms of use and policies no longer govern, and therefore, you should review the applicable terms of use and policies, including privacy and data-gathering practices of that linked to site.

 

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