Terms and Conditions

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Last updated January 18, 2021

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE. This website www.thesingingbirdclock.com (the “Website”) is owned and operated by Mark Feldstein & Associates, Inc., an Ohio corporation (“Company”). These Terms of Use and Conditions of Purchase, as may be amended or updated , (“Terms and Conditions”) form a legally binding agreement between you and the Company. These Terms and Conditions governs your access to and use of the Website, together with all related web pages, mobile applications, and social media pages or accounts, as well as any order you place through the Website or by telephone, and, as applicable, your use or attempted use of our products and services.

Your use of the Website shall be deemed to constitute your consent to be bound by these Terms and Conditions and shall be enforceable in the same way as if you had signed these Terms and Conditions. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE A COMPANY PRODUCT.

THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 10) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 12 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF JURY TRIALS AND CLASS ACTIONS.

TABLE OF CONTENTS

  1. Eligibility
  2. User Conduct
  3. User Registration, Usernames, Passwords and Security
  4. Links to Other Websites That Company Does Not Control
  5. Company Intellectual Property Rights and Ownership
  6. Purchasing Items from Us
    • Product Representations
    • Pricing Errors and Omissions
    • Order Placement and Acceptance
    • Shipping and Risk of Loss
    • Sales Tax
    • Payment Information
    • International Orders
    • Return/Refund
  7. Electronic Communications, Signatures and Agreements
  8. Communications with Company
  9. Limitation on Company's Liability
  10. Indemnification
  11. Termination of Website
  12. Agreement to Resolve Disputes by Arbitration
    • Generally
    • Exceptions to this Arbitration Agreement.
    • Waiver of Class and Representative Procedures.
    • Mandatory Pre-Dispute Procedures.
    • Commencement of Arbitration.
    • Arbitration Location
    • Sponsoring Organization, Rules and the Arbitrator.
    • Arbitration Fees
    • Arbitration Award
    • Survival and Severability
    • Amendments
  13. Governing Law
  14. Modifications to Terms and Conditions
  15. Other Important Terms
  1. Eligibility

    In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.

  2. User Conduct

    You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:

    (i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;

    (ii) modify, distribute, or re-post any content on the Website for any purpose; or

    (iii) use the content of the Website for any commercial exploitation whatsoever.

    In using the Website, you further agree:

    (a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;

    (b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;

    (c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

    (d) not to use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Company's express written consent;

    (e) not to use meta tags or any other “hidden text” utilizing a Company name, trademark, or product name without Company's express written consent;

    (f) not to deeplink to the Website without Company's express written consent;

    (g) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;

    (h) not to collect or store personal data about others;

    (i) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

    (j) not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;

    (k) to comply with all applicable laws regarding your use of the Website.

  3. User Registration, Usernames, Passwords and Security

    You may register on the Website using an individual username and password. Any username or password for Website for your personal use and may not be used by anyone else (including other employees or agents of your company). You are entirely responsible for maintaining the confidentiality of your username and password and you agree to take security measures sufficient to prevent unauthorized disclosure or use of your username and password assigned to you as a user of the Website. Furthermore, you are entirely responsible for all activities that occur on the Website using your login and password, whether or not the activities or the use of your password was authorized by you. You agree to notify Company immediately of any known or suspected unauthorized use of your username or password or any other breach of security.

  4. Links to Other Websites That Company Does Not Control

    The Website may provide links to other websites and/or resources, including advertisers, over which Company has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Company of content, items, or services on those third-party websites. Your access, view and use such website links, including the content, items or services on those websites, solely at your own risk. Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Company has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. At the moment when you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

  5. Company Intellectual Property Rights and Ownership.

    Company provides content and services through the Website which include the proprietary, copyrighted, trademarked and/or proprietary work of Company. You acknowledge and agree that Company owns all title and interest to the Website and its content, including any intellectual property rights that subsist in the Website (whether those rights happen to be registered or not) and protected by United States and international copyright, trademark and other laws. Except as stated in these Terms and Conditions, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means, without the prior written consent of Company.

    You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any content of the Website in any manner. In addition, you agree that any content you post or provide to this Website shall immediately confer on Company a perpetual, irrevocable, fully paid license to use such content, and you waive all claims against Company and its agents for infringement or any form of royalties or compensation based on its use of such content.

  6. Purchasing Items from Us

    Product Representations. Company reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Company takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service. Company's descriptions of, or references to, products not owned by Company do not imply endorsement of that product, or constitute a warranty by Company.

    Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.

    Order Placement and Acceptance. If you order a product, payment must be received by Company prior to Company's acceptance of the order. Company may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.

    Your order is expressly conditioned on acceptance of these Terms and Conditions. Once a properly completed order, your authorization and a form of payment has been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.

    Shipping and Risk of Loss. Company will add applicable shipping and handling fees to your order. Unless otherwise noted, Company will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Company may provide delivery or shipment timeframes or dates, you understand that those are Company's good faith estimates and may be subject to change. You further understand that product availability may be limited, and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order) Company will use reasonable good faith efforts to contact you. If Company cannot contact you or you no longer wish to receive the item, Company will cancel the order and promptly refund the amount tendered, and will do so within 7 business days if made using third-party credit card, such as a Visa or MasterCard. Company shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Company may reject orders where the stated delivery address is outside the United States.

    Sales Tax. In the United States, Company is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products, as an example. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Company is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.

    Payment Information. In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Company shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Company, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.

    No Service Level Agreement. There is no service level agreement with the Website. You acknowledge and agree that the Website may not be available from time to time due to maintenance or service network disruptions, and by your use of the Website you agree to hold Company harmless for any such service interruptions.

    International Orders. Company does not directly sell certain Company products in any jurisdiction other than the United States of America, as these products may not be approved for sale in other jurisdictions. While Company may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:

    (a) You agree that the purchase of any Company products by you, as a non-U.S. resident, shall be (i) ex works Company's facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;

    (b) You hereby expressly authorize and direct Company to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and

    (c) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Company's facilities in the United States to your foreign shipping address.

    Return/Refund Policy. If you are uncertain about your right to return the product and need assistance, you may call Customer Service at 866-612-0299 or email singingbirdclock@customerstatus.com . Company will refund your payment when your product is timely returned or cancelled, and within 7 business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or MasterCard.

  7. Electronic Communications, Signatures and Agreements

    The information communicated on the Website constitutes an electronic communication. When you communicate with Company through the Website or via other forms of electronic media, such as e-mail, Apps, or social media, you are communicating with Company electronically. You agree that Company may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Company provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Company or you).

    You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Company, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms and Conditions and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY COMPANY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

  8. Communications with Company

    You acknowledge that telephone calls to or from Company are monitored and recorded and you agree to such monitoring and recording.

    You verify that any contact information provided to Company, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Company. You acknowledge that by voluntarily providing your telephone numbers to Company, you expressly agree to be contacted at the telephone numbers you provide.

    You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Company relating to these Terms and Conditions, any purchase or transaction with Company, matters related to your account (including debt collection), and promotions regarding Company's products. These communications may be made by or on behalf of Company, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Company will not be responsible for these charges.

    Company may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Company notice within 30 days of any change to your contact information by writing to Singing Bird Clock, Attn: Customer Service, P.O. Box 5012, Wallingford, CT 06492 or by emailing singingbirdclock@customerstatus.com. Your consent to this communications provision is not required to make any purchase with Company.

  9. Limitation on Company's Liability

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK , TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT OR THIRD-PARTY CONTENT CONTAINED IN OR SUBMITTED TO THE WEBSITE. ALL CONTENT, SERVICES AND PRODUCTS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  10. Indemnification

    You agree to indemnify and hold Company and its respective employees, officers, shareholders, agents and assigns, harmless from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Company that is not owned by you, in contravention of these Terms and Conditions; and/or (iv) your breach of these Terms and Conditions.

  11. Termination of Website

    You agree that Company may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that Company, in its sole discretion, deems appropriate. You further agree that Company will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Company's liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.

  12. Agreement to Resolve Disputes By Arbitration

    PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, ARE MORE LIMITED.

    Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, Company, and/or any involved third party relating to your account, your use of the Website, your relationship with Company, or these Terms and Conditions. This includes any and all claims or disputes that relate in any way to your use of the products, your attempted use of the products, and any act or omission by Company or any third party related to your use or attempted use of the products, as well as any claims relating to advertising or representations regarding the products. You, Company, or any involved third party may pursue a Claim. Company agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Company. BY AGREEING TO ARBITRATE, YOU WAIVE THE RIGHT TO GO TO COURT AND AGREE INSTEAD TO SUBMIT ANY CLAIMS TO BINDING ARBITRATION. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

    Exceptions to this Arbitration Agreement. As an exception to this arbitration agreement, you and Company both retain the right to pursue, in a small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. Company will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. This arbitration agreement also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

    Waiver of Class and Representative Procedures. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor Company may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

    Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Company, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Singing Bird Clock, P.O. Box 462, Sylvania, OH 43560 ; Attn: General Counsel. You agree to negotiate with Company in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Company's receipt of your written dispute, you may commence arbitration in accordance with these Terms and Conditions.

    Commencement of Arbitration. You and Company agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that, to the fullest extent permissible by applicable law, any proceeding commenced after 1 year shall be barred.

    Arbitration Location. For your convenience, the arbitration may be conducted in a location within the federal district where you reside. It may be held by telephone or through written submissions if both you and Company agree.

    Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from American Arbitration Association (AAA) Commercial Rules and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

    All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of the paragraph addressing the waiver of class and representative procedures are for the court to decide.

    Arbitration Fees. Company shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. Unless applicable law provides otherwise, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

    Arbitration Award. The arbitrator may award costs or fees to a prevailing party, but only if applicable law allows it. Although Company may have a right to an award of attorneys' fees and expenses under some laws if it prevails, Company agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Any award rendered shall include a written opinion and shall be final, subject to limited appeal rights under the FAA.

    Survival and Severability. This provision survives termination of your account or relationship with Company, bankruptcy, assignment or transfer. Except as provided otherwise in the “waiver of class and representative procedures” provision, if a portion of this arbitration provision is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

    Amendments. Company reserves the right to amend this arbitration provision at any time. Your continued use of the Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Company will provide you notice and an opportunity to opt-out. Your continued use of any Company Website, purchase of a Company product, or use or attempted use of a Company product, is affirmation of your consent to such material changes.

    YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO SINGING BIRD CLOCK, P.O. BOX 462, SYLVANIA, OH 43560 ; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY COMPANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF COMPANY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

  13. Governing Law

    These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without resort to any conflict of law principles. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed and adjudicated only in the federal or state courts located in Lucas County, Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms or Conditions or use of the Website.

  14. Modifications to these Terms and Conditions

    Company may, at its sole discretion, make changes to these Terms and Conditions, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms and Conditions constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.

  15. Other Important Terms

    These Terms and Conditions and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed an “original” or “in writing” and to comply with all statutory, contractual, and other legal requirements for writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. Company may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Company. No delay by Company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy or shall affect Company's ability to subsequently exercise that right or remedy. In the event that any provision in these Terms and conditions shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall ot in any way be affected or impaired thereby. These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

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Order the 25th Anniversary Singing Bird Clock today for only $19.99 plus $8.95 shipping and handling. Each clock comes with a FREE Pocket Field Guide.

Sales tax will be applied to orders from CT & OH. There will be a $10.00 surcharge applied to all orders placed outside of the continental United States.

For customer service, please call 866-612-0299 or email singingbirdclock@customerstatus.com.