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CONDITIONS OF WEBSITE USE
Note: Access and use of this web site are governed exclusively by these Policies, Terms and Conditions
Thank you for visiting thegildedparrot.com. The thegildedparrot.com (The Gilded Parrot®, Inc.) has been made available to you subject to your compliance with the terms and conditions set forth below (the Conditions of Use). Please read this document carefully before accessing or using www.thegildedparrot.com. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.
Modifications of These Conditions of Use:
thegildedparrot.com (The Gilded Parrot®, Inc.) reserves the right to change the terms, conditions, and notices at anytime, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the thegildedparrot.com (The Gilded Parrot®, Inc.). Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
Privacy:
Please review our Privacy Policy, which also governs your visit to www.thegildedparrot.com (The Gilded Parrot®, Inc.), to understand our practices regarding the use and disclosure of your personal information.
Electronic Communications:
When you visit thegildedparrot.com (The Gilded Parrot®, Inc.) or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically or by telephone. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright and Licenses:
The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital
downloads, data compilations, and software, are the property of thegildedparrot.com (The Gilded Parrot®, Inc) or its content suppliers and are protected by Domestic and International copyright and trademark laws both current and pending. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of (The Gilded Parrot®, Inc.)
You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another party's rights, please contact us immediately at thegildedparrot.com to notify us of this infringement.
Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant The Gilded Parrot®, Inc. a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant the right The Gilded Parrot®, Inc. to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
License and Web Site Access:
The Gilded Parrot®, Inc. grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of The Gilded Parrot®, Inc.
This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of The Gilded Parrot®, Inc. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of The Gilded Parrot®, Inc. without the express written consent of The Gilded Parrot®, Inc. You may not use META tags or any other hidden text which utilize thegildedparrot.com, The Gilded Parrot®, Inc. or any other derivative of our domain or company name without the express written consent of The Gilded Parrot®, Inc. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of thegildedparrot.com so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that The Gilded Parrot®, Inc. cannot and does not guarantee or warrant that files made available for downloading through the The Gilded Parrot®, Inc. website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through The Gilded Parrot®, Inc. are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability:
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY The Gilded Parrot®, INC. ON AN AS IS AND AS AVAILABLE BASIS. The Gilded Parrot®, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The Gilded Parrot®, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Gilded Parrot®, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
The Gilded Parrot®, INC. ASSUMES NO LIABILITY FOR DAMAGE TO VEHICLES, VEHICLE PARTS, PERSONS, OR OTHER PROPERTIES DUE TO THE INSTALLATION OR USE OF PRODUCTS PURCHASED THROUGH OUR SITE. ANY AND ALL DAMAGES, DEFECTS, SHORTENED LIFE CYCLES, VOIDED VEHICLES WARRANTIES, INJURIES OR ANY OTHER FAULT WILL BE THE RESPONSIBILITY OF THE PURCHASING PARTY AND MAY BE ADDRESSED WITH THE MANUFACTURER ONLY. The Gilded Parrot®, INC. DOES NOT MANUFACTURE PARTS OR PRODUCTS AND THEREFORE DISCLAIMS ALL LIABILITY FOR THOSE ITEMS AND MATERIALS. The Gilded Parrot®, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links:
Linked websites are not under the control of The Gilded Parrot®, Inc. and The Gilded Parrot®, Inc. is not responsible for the contents of any linked site or any link contained in a linked site. www.thegildedparrot.com provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by The Gilded Parrot®, Inc. of the site.
Applicable Law:
By visiting The Gilded Parrot®, Inc. website, you agree that the laws of the State of Texas, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Gilded Parrot®, Inc.
Disputes:
Any dispute relating in any way to your visitor access of the The Gilded Parrot®, Inc. website or to the products or services you purchase through the The Gilded Parrot®, Inc. website shall be submitted to binding arbitration in Harris County, Texas, except that, to the extent you have in any manner violated or threatened to violate The Gilded Parrot®, Inc. intellectual property rights, The Gilded Parrot®, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Indemnification:
You agree to indemnify, defend and hold harmless The Gilded Parrot®, Inc., its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the The Gilded Parrot®, Inc. website.
International Use:
We will only sell within the USA at the moment
Other Provisions:
The Gilded Parrot®, Inc.'s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use.
The Gilded Parrot®, Inc. may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable, and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Request and Address:
Please send notices by care of e-mail to: help@thegildedparrot.com
or) by our Mailing Address: The Gilded Parrot, Inc. 5680 Highway 6
#101, Missouri City, TX 77459
What information is The Gilded Parrot®, Inc. gathering about its visitors and how is it being used?
What about cookies?
What other information does The Gilded Parrot®, Inc. request?
What information does The Gilded Parrot®, Inc. collect when I purchase something?
The Gilded Parrot®, Inc. is committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy is intended to describe how your personal information is processed and used, and we will make every effort to ensure that our activities keep within the spirit of this Privacy Policy. Please note that by visiting and using www.thegildedparrot.com, you are accepting the practices described in this Privacy Policy.
What information is The Gilded Parrot®, Inc. gathering about its visitors and how is it being used?
Every computer connected to the Internet is provided with a domain name (e.g. icobb.com) and an IP Address (e.g. 160.142.12.733). When a visitor requests a page from within the The Gilded Parrot®, Inc. website, our Web Servers automatically identify and log the HTTP request that is made to our Web Server. This information reveals nothing personal about you. In fact, the only information that we automatically gather and log is as follows:
• The IP Address of the site that may have referred you to us.
• Your IP Address
• Any Web Page that you may have used to link with us.
• The Product Identifier for Version and Make of Browser (e.g. Internet Explorer 4.5)
• The Operating System platform that you may be running (e.g. Macintosh or Windows)
• Search Words or Terms that are passed from a Search Engine (e.g. Google, Yahoo, or Lycos)
There is absolutely nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every Web Server on the Internet today.
The purpose for this information is actually two-fold. One, The Gilded Parrot®, Inc. has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various Browsers and Operating Systems that visit our site. Additionally, as any business should attest, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring URLs and Search Engine terms, we can strategically enhance our exposure on the Internet.
What about cookies?
Cookies are small pieces of data that are transferred to your computer's hard drive through your Web browser from our Web Server. A cookie cannot read data from your hard disk or read cookie files that may have been created from other sites. The The Gilded Parrot®, Inc. website utilizes cookies as a means of providing personalization features to our visitors. For example, we utilize cookies to remember settings (background music selections, wallpapers preferences, etc.) that you may have made at our website.
You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser's help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.
What other information does The Gilded Parrot®, Inc. request?
We may also request your e-mail address or mailing address for the purposes of conducting a survey, adding you to our mailing list, or by your
request to have someone contact you for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict No Spam policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent.
In addition, The Gilded Parrot®, Inc. will not send you e-mail that you have not agreed to receive. If you are a member of our Mailing List, you may be contacted with announcements, news, portfolio additions, and new products or services. You have the option of Un-subscribing from our Mailing List at any time, thereby disabling any further such e-mail communication being sent to you. If you wish to have specific communications with a member of the The Gilded Parrot®, Inc. staff, you will be required to provide specific information that will be routed to the appropriate contact within The Gilded Parrot®, Inc.
What information does The Gilded Parrot®, Inc. collect when I purchase something?
If you purchase something, we need to obtain the appropriate information in order to complete the transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking we will need:
Your Name
Billing Address (for Credit Card Orders)
Shipping Address E-Mail Address Phone Number Credit Card Number (for Credit Card Orders)
Expiration Date (for Credit Card Orders)
Our Policies Regarding Ordering, Shipping Charges and Return
Note:
Access and use of this web site are governed exclusively by these Policies, Terms and Conditions
Ordering:
Orders may be placed by using our shopping cart system.
Payments:
We accept VISA, MASTERCARD, AMEX, CASH, CERTIFIED CHECKS (CASHIER) and MONEY ORDERS. No COD's. Please allow 7 business days for Money orders/cashier checks to clear, and 20 days for personal checks to clear. Due to heightened security, we can only ship to an alternate shipping address if it is listed on file with your credit card company. If you need to ship to an address different than what is listed with your credit card company, you will need to call your credit card company at the customer service number listed on the back of your card and request that the address be added as an alternate shipping address. Please note that this will also increase the amount of time required to process your order. You should only have it sent to another address if it is absolutely necessary. If it is a business address, please provide the name of the business.
Shipping:
The Gilded Parrot® , Inc. ships only within the USA, but will consider shipping internationally on a case-by-case base.
The Gilded Parrot®, Inc. makes every effort to ship orders within one business day! Once we receive your order, we send you a confirmation email letting you know that your order will ship ASAP. We pull the items from the shelves, pack, and ready for shipping via UPS or US Mail. When your item has shipped, a second email will be sent to you with tracking information.
Our business office is located in Texas and we ship from Texas for the current website consignment vendor. Orders may not ship until the next business day. Overnight/Rush shipping does not begin at the time that the order is placed, it's the shipping method used after the order has been processed.
Return Policy:
The Gilded Parrot will pay return postage and a full refund will be given for the following reasons and only if the items are returned within seven days of receipt 1) an item arrives at your home damaged 2) you receive the wrong item 3) you do not believe the item is what was represented on the website.
In the case a replacement product was sent, we will send you a carriers tag to return the product back to us. If the original item is not returned within 15 days the customer will be responsible for the cost of the replacement item that was sent.
- Products (including packaging) must be returned in new, resalable condition. If any component of the returned product is missing, the return procedure will be breached, and www.thegildedparrot.com may, in its sole and absolute discretion, reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s). The condition of the product will be determined at our discretion. Products sent back with damaged or missing packaging will be refused or returned to you at your expense.
- The Gilded Parrot®, Inc. will pay for all US standard shipping charges as of of 3/28/2011 - this policy is subject to change.
Shipping: The Gilded Parrot® , Inc. ships only within the USA.
The Gilded Parrot®, Inc. makes every effort to ship orders within one business day! Once we receive your order, we send you a confirmation email letting you know that your order will ship ASAP. We pull the items from the shelves, pack, and ready for shipping via UPS or US Mail. When your item has shipped, a second email will be sent to you with tracking information.
Our business office is located in Texas and we ship from Texas for the current website consignment vendor. Orders may not ship until the next business day. Overnight/Rush shipping does not begin at the time that the order is placed, it's the shipping method used after the order has been processed.
Return Policy:
Policies Returns: Any item may be returned within seven days of receipt. The buyer will be responsible for any return shipping charges (including insurance) plus a 15% restocking fee. Once we receive the item or items, a refund will be given immediately upon inspection.
The Gilded Parrot will pay return postage and a full refund will be given for the following reasons and only if the items are returned within seven days of receipt 1) an item arrives at your home damaged 2) you receive the wrong item 3) you do not believe the item is what was represented on the website.
In the case a replacement product was sent, we will send you a carriers tag to return the product back to us. If the original item is not returned within 15 days the customer will be responsible for the cost of the replacement item that was sent. -
Products (including packaging) must be returned in new, resalable condition. If any component of the returned product is missing, the return procedure will be breached, and www.thegildedparrot.com may, in its sole and absolute discretion, reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s). The condition of the product will be determined at our discretion. Products sent back with damaged or missing packaging will be refused or returned to you at your expense. Contact us at returns@thegildedparrot.com and we will give you shipping instructions.
In the case a replacement product was sent, we will send you a carriers tag to return the product back to us. If the original item is not returned within 15 days the customer will be responsible for the cost of the replacement item that was sent.- Products (including packaging) must be returned in new, resalable condition. If any component of the returned product is missing, the return procedure will be breached, and www.thegildedparrot.com may, in its sole and absolute discretion, reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s). The condition of the product will be determined at our discretion. Products sent back with damaged or missing packaging will be refused or returned to you at your expense. Contact us at returns@thegildedparrot.com and we will give you shipping instructions.
- The Gilded Parrot®, Inc. will pay for all standard shipping charges as of 3/28/2011.
- Customers are responsible for checking all merchandise for damage or defect when the order is received, and before the item is used. www.thegildedparrot.com will not accept a return of an item that is damaged or defective if it has been used. If the product is damaged during shipment, www.thegildedparrot.com will replace the product at no charge.
- Unauthorized returns, refused shipments and undeliverable packages that are returned back to The Gilded Parrot®, Inc. can take up to 3 weeks to be processed. The customer will be charged the original and the return shipping fees for any of these instances. If a return has not been processed within the specified time, please send an email to returns@thegildedparrot.com.
- Cancellations. All sales are final
Privacy Policy:
The Gilded Parrot®, Inc. has created the Privacy Policy page in order to demonstrate our firm commitment to privacy. The Gilded Parrot®, Inc. does not sell, trade, or rent your personal information to others. Personal information is collected for ordering purposes and address information may be supplied to shipping parties in order to complete orders.
Fraud:
CREDIT CARD FRAUD IS A CRIME AND ALL TRANSACTIONS ARE MONITORED AND LOGGED. The Gilded Parrot®, Inc. WORKS WITH LOCAL TEXAS LAW ENFORCEMENT AS WELL AS T.A.B.C., and the FBI. ALL FRAUDULENT ACTIVITIES INCLUDING CREDIT CARD THEFT, THEFT, IDENTITY THEFT AND MAIL FRAUD ARE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. We may also disclose information when we believe that the law requires it or for the protection of our legal rights.
ALL N.S.F. checks or "charge backs" will be subject to a $50 fee.
Information Automatically Logged:
We use your IP address to help diagnose problems with our server and to detect fraud and administer our web site.
www.theguildedparrot.com reserves the right to change or amend the return policy and procedures at any time without notification.
The Gilded Parrot®, Inc. Copyright © 2009 The Gilded Parrot®, Inc. All rights reserved. Any unauthorized duplication of any portion of this site strictly prohibited