Terms of Use


These Terms of Use apply to this website featherplace.com and mobile application, and any other website or applications associated with The Feather Place, Inc., Arkansas Valley Feathers, Inc.,  Zucker Feather Products, Inc., and any respective subsidiaries and affiliated companies (“The Feather Place”, “we”, “us”) your use of which is subject to the following Terms and Conditions (“Terms of Use”).  PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW.  In order to use our website, you must agree to the Terms of Use.  If you do not agree, you may not use our website.  By accessing or using our Site, you agree to be bound by these Terms of Use.  You understand and agree that we will treat your use of our Site as acceptance of the Terms of Use going forward.  We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.  You should check these Terms of Use periodically for changes.  By using this Site after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. 

You may not use the Site and may not accept these Terms of Use if 1) you are not of legal age to enter into a binding contract, or 2) if barred by any applicable local, state, national, and international laws, rules and regulations. You further agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Site.  

Any use or access to the Site by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms of Use. If you are under eighteen (18) years of age, you may use the Site only with a parent or legal guardian and their consent and agreement to these Terms of Use. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site and that your parent or guardian is agreeing to these Terms of Use. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Site, you are subject to the terms of these Terms of Use, and responsible for your child’s activity on the Site. 

Our Site is not available to any Users we previously removed from our Site.  

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.  

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT legal@featherplace.com.

 

Please see The Feather Place FAQs for a plain-language explanation about how The Feather Place works and how a customer can place an order for products.

 

Restricted Use

The Feather Place or third parties granting rights to us hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of The Feather Place or such third parties. We grant you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only or mobile device or purposes associated with your interaction with this Site.  Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any downloaded and printed materials.  You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials.  It is prohibited to “frame” or “mirror” the website, any material contained on or accessible from this Site on any other server or Internet-based device without our  advanced written authorization.  We reserve all rights not expressly granted by these Terms of Use in and to our websites, applications, and other intellectual property including but not limited to photos, videos, names, descriptions, and designs.  We may suspend or terminate access to our Site at any time and for no reason.  You may not use our Site for any purpose other than as expressly set forth in this section.  The following is a non-exhaustive list of prohibited uses:

You may not disassemble reverse engineer, decode or decompile any part of our Site, images, videos, content, products, or Intellectual Property; 
use any  data mining tool, robot, spider, scraper,data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Site; 
copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Site or any of our Intellectual Property; 
remove any copyright notices or proprietary legends from our Site; use our Site in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Site or any other User’s use of our Site; or (iii) the behavior of other applications using our Site; 
use the Site or the content for any commercial, political, obscene, illegal, or inappropriate purpose;
use our Site in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users; 
use our Site in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage; 
use our Site for benchmarking or competitive analysis of our Site; 
attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Site;  
transmit viruses, worms, or other software agents through our Site; 
impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Site for any invasive or fraudulent purpose; 
share passwords or authentication credentials for our Site; 
bypass the measures we may use to prevent or restrict access to our Site or enforce limitations on use of our Site or the content therein, including without limitation features that prevent or restrict use or copying of any content;  
identify us or display any portion of our Site on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights; 
or identify or refer to us or our Site in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Site under these Terms of Use, without our express written consent.
 

User Accounts

You shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information through the Site. If you register for an account on the Site, you may be required to designate an email address and password, and there may be additional requirements as we designate from time to time. You agree to assume all responsibility concerning your use of the Site, including all activity occurring through your password (and related account access). You shall immediately notify us if you suspect or become aware of any loss, theft, or unauthorized use of your password.

 

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, information and other content that you upload, publish or display (hereinafter, “post”) on or through this Site, or transmit to or share with other users (collectively the “User Content”).  You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post.  You understand and agree that the Feather Place may, but is not obligated to, review the Site and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason, including User Content that in our sole judgment deems it violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to us.  You agree that under no circumstances will the Feather Place be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to us.

 

When you post User Content to the Site, you authorize and direct the Feather Place to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.  By posting User Content to any part of this Site, you automatically grant, and you represent and warrant that you have the right to grant to Feather Place an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.  Feather Place reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content and photos submitted through the Site.

 

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Feather Place all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Feather Place or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person.  Feather Place does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.  Feather Place does not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and Feather Place will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights.  Feather Place may terminate your access to the Site if you are determined to be a repeat infringer.  A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Site more than twice.  Feather Place also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  Feather Place may remove such User Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at Feather Place’s sole discretion.

 

By visiting the Site and/or purchasing something from us, you engage in our services (collectively “Service”) and agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein.  These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of Content.

 

Online Store Terms:  By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Feather Place your consent to allow any of your minor dependents to use this Site.

 

You may not use Our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature to Feather Place.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Account:  Use of this Site may require you to provide certain registration details, payment or other information to create an account (“Account”).  It is a condition of your Use of the Site that all the information you provide is correct, current, and complete.  You agree that all information you provide to register an Account or otherwise is governed by our Privacy Policy.  Feather Place has the right to disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

Modifications to the Service and Prices:  Prices for Our products and services are subject to change without notice.  Feather Place reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.  Feather Place shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Products and Services:  All products or services may be available exclusively online through the Site.  These products or services may have limited quantities and are subject to return or exchange only in strict adherence to our Return Policy.

 

Feather Place has made every effort to display as accurately as possible the colors and images of Our products’ appearance on the Site.  We cannot guarantee your computer monitor’s display of any color and image will be accurate.

 

Feather Place reserves the right, but is not obligated, to limit the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.  

 

Feather Place reserves the right to limit the quantities of any products or services that We offer at any time.  All descriptions of products or product pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Feather Place may provide resources that can assist you with your purchase.   Although We may offer these resources to assist you, they are not responsible for each resource’s use, maintenance, accuracy, and any resulting misguidance when placing a Product Order purchase.  Feather Place is not liable for any sizing variations based upon the application of these resources and you acknowledge that the sizes, shapes and volumes of ordered products may be inconsistent based on the shape, material, and type of product ordered.

 

Purchases:  Feather Place may, in its sole 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.  If We change or cancel an order, We may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  Feather Place reserves the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.

 

All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made with Feather Place.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.  For more detail, please review our Returns Policy.

 

Payment:  Accepted forms of payment include most major credit cards for all purchases.  You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for purchases, and (iii) charges incurred by you will be honored by your credit card company or similar.

 

Privacy:  Please refer to Feather Place’s privacy policy.

 

Returns:  Please refer to Feather Place’s return policy.

 

Sale:  Item exclusions apply.  Exchanges only, no returns. 

 

Title and Risk of Loss:  Your order of the products is an offer to purchase the products.  Feather Place accepts your offer by shipping the products to you.  We may decline your offer for any reason, with or without notice to you.  The risk of loss and title for all products passes to you upon our delivery of the products to a common carrier, including, but not limited to DHL, FedEx, UPS, or USPS.  In the case of a return, you will retain title to any returned products and risk of loss of such products will remain with you until Feather Place has received the returned products and confirmed the products to be in their original condition as specified in these Terms.

 

Third Party Interaction and Links to Third Party Websites:  In your use of this Site, you may enter correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors or partners of this Site.  Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.  You agree that Feather Place has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

 

Feather Place does not endorse or warrant any third-party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its blog.

 

This Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by Feather Place.  Such links do not constitute an endorsement by Us of any such websites. 

 

You acknowledge that Feather Place is providing these links to you only as a convenience, and you agree that Feather Place is not responsible for the content or links displayed on such websites to which you may be linked.  Your interactions with organizations and/or individuals found on or through the Site, including the payment and delivery of goods or services or donations, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.

 

You agree that Feather Place shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals.  If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Feather Place is under no obligation to become involved.  If you have a dispute with one or more users, you hereby release Feather Place from any and all liability associated with such dispute.

 

Rewards:  Rewards and prizes received from this website constitute taxable income for purposes of US federal and state income tax.  You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income.  By accepting any reward from this website, you agree to report and pay the taxes associated with such reward.  Any rewards and prizes will be based on availability.

 

Blogs:  The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of Feather Place.  Feather Place is not responsible for the accuracy of any of the information supplied by bloggers.  Feather Place is not responsible for any offense caused inadvertently through interpretation of grammar, punctuation, or language.  Bloggers must only use the English language.

 

Registration:  You may view content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to register with Feather Place and select a screen name (“User ID”) and password.  You shall provide accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.  You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.  Feather Place reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site.  You shall never use another User account without the other User’s express permission.  You will immediately notify Feather Place in writing of any unauthorized use of your account, or other known account-related security breach.

 

Intellectual Property:  Unless otherwise noted, the Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Contents”), are owned by Feather Place, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  These Terms permit you to use the Site for your personal, non-commercial use only.  You may download or copy Contents from our Site for your personal, non-commercial use only.  No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without Feather Place’s express written consent.  Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.  Unauthorized use of the Contents is expressly prohibited by law and may result in civil and criminal penalties.

 

In accordance with the Digital Millennium Copyright Act, Feather Place has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others.  Feather Place also may terminate user accounts even based on a single infringement.

 

User Comments, Feedback and Other Submissions:  If, at Feather Place’s request, you send certain specific submissions (for example contest entries) or, without a request from Feather Place, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Feather Place may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide.  Feather Place 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.

 

Feather Place may, but has no obligation to, monitor, edit or remove User Content that Feather Place determines in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related website.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Feather Place or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  Feather Place takes no responsibility and assumes no liability for any comments posted by you or any third party.

 

Disclaimer of Warranties:  Your use of this Site is at your own risk.  This Site may include inaccuracies or errors that may affect the quality of the materials, products, or services offered through the Site.  The materials, products offered, or Services offered have not been independently verified or authenticated in whole or in part by Feather Place.  Feather Place does not warrant the accuracy or timeliness of the materials, product deliveries, or class times offered and ultimately available.  Feather Place has no liability for any errors or omissions in the materials, product offerings, or class schedules, whether provided by Feather Place or third parties.

 

THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY.  FEATHER PLACE, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS SITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE.  ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED.  FEATHER PLACE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF FEATHER PLACE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Exception for EU citizens: IF YOU ARE A RESIDENT IN THE EUROPEAN UNION, FEATHER PLACE DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

NEITHER FEATHER PLACE, ANY FEATHER PLACE AFFILIATES, NOR ANY OF FEATHER PLACE’S OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

Inaccuracies or Errors:  The descriptions, pictures and other representations of products on this Site may contain inaccuracies and errors.  Feather Place does not make any warranty or representation with respect to the accuracy or completeness of any such information.  Furthermore, the prices and availability of products or the cost to execute a submission offered through this Site may change without notice to you at any time in Feather Place’s or a third party’s sole discretion.  Feather Place or a third party shall have the right to refuse or cancel any orders placed for a product listed at an incorrect price if the cost is determined to be incorrect or inaccurate.

 

Local Laws & Export Control:  Feather Place controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations other than the United States of America.  Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies, or other entities located in the United States of America.  If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.  You represent and warrant that you are buying products or services from Feather Place for your own personal use only, and not for resale or export unless used as a component in a product you are producing, in which case it may be used for commercial purposes as a component to that product and/or if the product you are buying is being used in the entertainment industry as such.  If you intend to import any products on the Site to another country, please contact us for export/import information.  These products may be subject to import/export laws of the destination country in addition to duties or tariffs imposed by that country.  

 

Force Majeure:  Feather Place will not be liable or responsible to you, and will not be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by, or results from acts, or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, or inability, or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.

 

Trademarks and Images:  The trademarks, logos, and service marks, including those products denoted with TM, ©, or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this Site are registered and unregistered trademarks of Feather Place, its affiliates, and third parties.  If a Trademark and/or Image is owned by a third party, Feather Place or its affiliate has obtained permission from such third party to use the third-party Trademark and/or Image on this Site.  Nothing contained in this Ste should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Feather Place, its affiliate, or the applicable third party.  Your misuse of the Trademarks and/or Images on the Site and in its contents, except as provided in these Terms, is strictly prohibited.  You are advised that Feather Place will aggressively enforce its intellectual property rights over the Site and its contents to the fullest extent of the law, including the pursuit of criminal sanctions.

 

Severability:  In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  This determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination:  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms are effective unless and until terminated by either you or Feather Place.  You may terminate these Terms at any time by notifying Feather Place that you no longer wish to use our Services, or when you cease using our Site.

 

If in Feather Place’s sole judgment you fail or Feather Place suspects that you have failed to comply with any term or provision of these Terms, Feather Place may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Feather Place Services (or any part thereof).

Assignment:  You will not assign any of your rights or delegate any of your obligations under these Terms without Feather Place’s prior written consent.  Any purported assignment or delegation in violation of this Section is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.

 

Notice:  Feather Place may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to this Site.  Notices sent by email will be effective when Feather Place sends the email and notices Feather Place provides by posting will be effective upon posting.  It is your responsibility to keep your email address current.

 

To give Feather Place notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Arkansas Valley Feathers, Inc./ Feather Place, PO Box 331, 28419 Hwy. 87N, California, MO  65018  USA.  Feather Place may update the facsimile number or address for notices to Feather Place by posting a notice on the Site.  Notices provided by personal delivery will be effective immediately.  Notices provided overnight courier will be effective one business day after they are sent.  Notices provided by registered or certified mail will be effective three business days after they are sent.

 

Entire Agreement:  Feather Place’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by Feather Place on this Site or in respect to the Service constitutes the entire agreement and understanding between you and Feather Place and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Feather Place (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

Terms of Use Revisions:  Feather Place may revise these Terms at any time without notice by updating this posting.  Your continued use of the Site after such modifications have been made will constitute your acceptance of all revised Terms.

 

Applicable Law:  If you are located in the United States or Canada, any action related to these Terms or any dispute under any agreement with Feather Place will be governed by the laws of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction.  If the parties and their respective representatives cannot otherwise reach a mutually agreeable resolution to a dispute, then the parties agree to submit the dispute to one mutually agreed upon mediator for mediation in California, Missouri and the parties shall share, equally, the cost of such mediation.  If the dispute cannot be resolved by mediation, you agree to submit to the jurisdiction of the courts located in the State of Missouri, for the resolution of all disputes arising from or related to these Terms and/or your use of the website.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Services must be filed within one year after such claim or cause of action arose or be forever barred.

 

If you are located in Australia, any action related to these Terms or any dispute with Feather Place will be governed by and construed and interpreted in accordance with the laws of New South Wales, Australia without regard to choice or conflict of laws rules.  The United Nations Convention on the International Sales of Goods is expressly disclaimed from these Terms and all orders, and the parties agree that it shall have no force or effect.  If you are located in Australia, any legal action or proceeding related to these Terms shall be brought before the courts located in the State of New South Wales, Australia.

 

Indemnification for Unauthorized Activities:  Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations.  You alone are responsible for your actions or the actions of any person using your username and/or password.  As such, you shall indemnify and hold Feather Place harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

 

 

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