We reserve the right to refuse service to anyone.
Placing fraudulent orders, filing disputes with your financial institution without trying to work issues out with our company, bullying, flaming, degrading, spreading rumors, false-negative reviews regarding our products, any of our colleagues, associates, members of our social media groups, associated rescues and sanctuaries will result in refusal of service.
If your order is cancelled immediately after you place it you have been banned from our site due to the above policy.
Shipment of Products. Title and risk of loss for any purchases pass to you upon our delivery to the carrier.
COVID-19 PRODUCTION & SHIPPING: Expect delays of as much or more of 6 weeks before your order ships.
We are doing our very best to keep up with production during this pandemic.
We are taking every precaution to protect your flock's food and get it produced in a safe & timely manner.
However, if our supply veins are halted by the government there is little we can do.
If the government stops all shipments, there is nothing we can do.
All of us must exercise compassion and patience during this time.
If we make a refund due to customer cancellation we charge a 20% restocking charge
due to the fact our foods are handmade,
expensive human-grade ingredients purchased right before your bird's food is made to ensure freshness.
KNOW YOUR RIGHTS AND THE LAW:
This website located at thebestbirdfood.com (“Website”) is owned and operated by Pacion Tree House LLC.
Your use of the Website constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.
We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website.
The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear on the Website.
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Website or the information and materials provided therein.
We make no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold the Website, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Disclaimer will be governed and construed in accordance with the laws of Arizona and the United States. Any controversy or claim arising out of or relating to the Disclaimer, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction therein. The place of any such arbitration shall be in or near Maricopa County, Arizona.
If any provision(s) of the Disclaimer is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Disclaimer may not be assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion.
All notices with respect to the Disclaimer must be in writing and made via email to email address for the Website and to your email address.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
Online Content Protection
Being a member of DMCA provides TheBestBirdFood.com with a variety of tools to help detect and defend against theft of information from our website and prevent it from occurring in the future. It allows us to protect our content, enforce our ownership, and allows us to perform takedowns of websites that have committed online theft and illegal publication of our content.
Posting of Copyright Materials to TheBestBirdFood.com
Materials may be made available via the website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the website for the inclusion of illegal or impermissible content.
However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the website.
If you believe any materials on the website infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.All DMCA notices should be sent to our designated agent as follows:
Machelle Pacion / Pacion Tree House / The Best Bird Food
PO Box 81211
Phoenix AZ 85069