Terms and Conditions

Welcome to the Birdie Tree, LLC website. This website is provided for use by our customers. Please review the following terms and conditions of use, which govern your use of the website.

Your use of the website constitutes your agreement to follow the below listed terms and conditions. Birdie Tree, LLC reserves the right to update or modify this agreement at any time without prior notice. Therefore, we encourage you to review the agreement whenever you use the website. If you do not agree to these terms, please refrain from using the Birdie Tree, LLC website.

Use of Site
If you register in this Site you are responsible for maintaining the confidentiality of your account, including your password, and for all activity that occurs under your account. You agree to notify Birdie Tree, LLC 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 Birdie Tree, LLC or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, and then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted during the purchase process. You may update your profile from time to time. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

Site Transactions
Birdie Tree, LLC reserves the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Birdie Tree, LLC shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Birdie Tree, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Birdie Tree, LLC shall immediately issue a credit to your credit card account in the amount of the charge.

BIRDIE TREE, LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

Right to Change Sites
Birdie Tree, LLC reserves the right, at any time in our sole discretion, to: modify, suspend or discontinue the website or any service, content, feature or product offered through the website, with or without notice; modify and/or waive any fees charged in connection with the website; and/or offer opportunities to some or all users of the website. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website, or any service, content, feature or product offered via the website.

Site Contents
Unless otherwise noted, the Birdie Tree, LLC website, and all materials on the website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials, are owned, controlled or licensed by Birdie Tree, LLC.

The contents of the website are intended solely for personal, non-commercial use. You may download or copy the contents displayed on the website for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the contents or the website.

User Comments, Feedback, and Other Submissions
Birdie Tree, LLC is pleased to hear from users and welcomes your comments regarding our products and services. If, at our request, you send specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that Birdie Tree, LLC may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments or inputs that you forward to Birdie Tree, LLC. Birdie Tree, LLC is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Birdie Tree, LLC has the right but not the obligation to monitor and edit or remove any comments.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Birdie Tree, LLC or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Birdie Tree, LLC takes no responsibility and assumes no liability for any comments posted by you or any third party.

Your submission of personal information through the website is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link.

While Birdie Tree, LLC takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL BIRDIE TREE, LLC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BIRDIE TREE, LLC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Consent to Our Communication with You by E-Mail.
By establishing an Account with us, and each time you make a purchase through our Site, you grant permission for Birdie Tree, LLC to contact you at your e-mail address. To stop receiving our marketing emails, you can unsubscribe anytime.

Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the website. We cannot guarantee that your computer monitor's display of any color will be accurate.

Links to Other Web Sites and Services
The website may contain links to other sites that are not under the control of Birdie Tree, LLC. Birdie Tree, LLC has no responsibility for the linked sites nor does linking constitute an endorsement of any linked site. Links are provided solely for the convenience and information of the websites' users.

Indemnification
You agree to defend, indemnify and hold Birdie Tree, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website and/or your breach of any representation, warranty, or other provision outlined here.

Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Birdie Tree, LLC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the website, or the breach, enforcement, interpretation, or validity of the agreement, the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute. Notice shall be sent
(1) to Birdie Tree, LLC. at: Birdie Tree, LLC, 43367 Riverpoint Drive, Leesburg, VA 20175, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Birdie Tree, LLC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Termination
These terms are effective unless and until terminated by either you or Birdie Tree, LLC. You may terminate the agreement at any time as can Birdie Tree, LLC without notice, and accordingly may deny you access to the website, if in our sole judgment you fail to comply with any term or provision we have outlined. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the agreement for all purposes.

Last modified: May 28, 2010