Intellectual Property Rights
BirdSupplies.com, Inc. and its product line, UnRuffledRx, are committed to protecting their intellectual property to ensure the quality and uniqueness of their offerings. The following terms outline protections and restrictions:
Ownership of Intellectual Property
Trademarks: All trademarks, including the UnRuffledRx name, logo, and branding, are exclusive property of BirdSupplies.com, Inc. and may not be used without prior written consent.
Copyrights: Designs, bird collar patterns, and marketing materials are copyrighted by BirdSupplies.com, Inc. Unauthorized reproduction, distribution, or adaptation is prohibited.
Proprietary Designs and Recipes: UnRuffledRx supplement recipes, formulations, and bird collar designs are proprietary and protected by copyright, trade secret, and patent laws.
Restrictions on Use
Reproduction and Modification: Buyers may not reproduce, modify, or create derivative works of UnRuffledRx products, including designs, labels, or branding.
Reverse Engineering: Reverse engineering of any UnRuffledRx product, including formulations or designs, is strictly prohibited and may result in legal action.
Unauthorized Use or Sale: UnRuffledRx products may not be sold, marketed, or distributed under any other brand or label without approval.
Confidentiality and Non-Disclosure
BirdSupplies.com, Inc. requires wholesalers to safeguard proprietary information to maintain the quality and integrity of its products.
Definition of Proprietary Information: Includes, but is not limited to, product formulations, bird collar designs, manufacturing processes, marketing plans, pricing, and customer insights.
Wholesaler Obligations
Non-Disclosure: Wholesalers may not disclose proprietary information to unauthorized parties, including competitors or third-party vendors.
Limited Use: Proprietary information is solely for promoting and selling BirdSupplies.com, Inc. products and may not be used to develop competing products.
Secure Handling: Wholesalers must protect proprietary information through secure storage, restricted access, and regular security reviews.
Use of Trademarks and Branding
Permitted Uses: Wholesalers may use trademarks and branding to promote and sell authorized products in accordance with brand guidelines.
Branding Consistency: Usage must follow guidelines for logo size, colors, placement, and accurate product representation.
Third-Party Reselling
BirdSupplies.com, Inc. products may only be sold through approved retail stores or mobile pet service units.
Prohibited Online Sales
Reselling on third-party platforms such as Amazon, eBay, Walmart Marketplace, Chewy, PetSmart, or Petco is strictly prohibited. Personal websites or other online platforms require prior written approval.
Enforcement
Immediate Termination: Policy violations will result in termination of the wholesale agreement.
Legal Action: BirdSupplies.com, Inc. reserves the right to pursue legal remedies for unauthorized reselling.
Quality Control
Original Packaging Only: Products must be sold in original, unopened packaging. Repackaging or altering products is prohibited.
Label Integrity: Wholesalers may not remove or alter product labels to ensure compliance and maintain brand integrity.
6. Pricing Policy
Pricing Policy
BirdSupplies.com may change prices, MSRP, and/or MAP at any time. We enforce a Minimum Advertised Price (MAP) and Manufacturer’s Suggested Retail Price (MSRP) policy to maintain brand integrity and fair competition.
Policy Guidelines
MAP: Resellers must not advertise or promote products below the minimum advertised price outlined in our price list.
MSRP: Resellers are encouraged to sell products at the suggested retail price but may sell above MAP.
Monitoring and Enforcement
We monitor reseller pricing using third-party tools to ensure compliance. Violations result in:
- First offense: Written warning.
- Second offense: Temporary suspension.
- Repeated offenses: Termination of the wholesale agreement.
This policy applies to all resellers without exception. Compliance is mandatory, and failure to adhere will result in immediate action. For questions or the current MAP price list, contact BirdSupplies.com, Inc.
Liability, Indemnification, and Recall
Liability Policy
BirdSupplies.com, Inc. is not responsible for damages, injuries, or losses resulting from misuse, improper handling, or unauthorized alteration of products by wholesalers or end consumers. Wholesalers are responsible for proper storage, handling, and sale of our products.
Indemnification: Wholesalers agree to indemnify and hold BirdSupplies.com, Inc. harmless from claims or legal actions arising from improper handling, storage, sale, or misuse of our products.
Recall Policy
In the event of a product recall, BirdSupplies.com, Inc. will notify wholesalers promptly with instructions for managing affected inventory. Wholesalers must:
- Immediately remove recalled products from sale.
- Follow all return or disposal instructions provided.
- Notify customers if necessary based on recall instructions.
Costs and Liability: BirdSupplies.com, Inc. covers direct costs associated with recalls but is not liable for indirect losses, such as lost profits.
Returns & Refunds
All Sales Final Policy: Due to the perishable nature of supplements and hygiene considerations for bird collars, all sales are final. We do not accept returns or offer refunds. If products cannot be used, we encourage donating them to local avian shelters or rescues to ensure proper use before expiration.
By completing a purchase, you acknowledge and agree to this policy.
Governing Law and Dispute Resolution
This agreement is governed by Colorado state law. Any disputes arising from this agreement shall be resolved through mediation or arbitration in Denver, Colorado, before pursuing court action. Parties consent to the jurisdiction of state and federal courts in Denver for legal proceedings.
Non-Compete Clause
Wholesalers are prohibited from developing, manufacturing, or selling products that compete with BirdSupplies.com, Inc.'s proprietary designs, patterns, or recipes. This includes items replicating our bird collars, supplements, or unique offerings. Violations may result in immediate termination and legal action to protect intellectual property rights.
Force Majeure
Neither party is liable for delays or failures due to events beyond their control, such as natural disasters, wars, or government actions. Obligations are suspended for the duration of such events.
Accuracy of Billing and Account Information
We reserve the right to refuse or limit orders at our discretion. Changes or cancellations will be communicated via provided contact information. Dealers, resellers, or distributors placing unauthorized orders may face restrictions.
Customers must provide accurate account and purchase information, updating details as needed for smooth transactions. For more information, review our Returns Policy.
Optional Tools
Access to third-party tools is provided “as is” and “as available” without warranties or endorsements. Use of these tools is at your own discretion and risk. Future features or services on our website are also subject to these terms.
Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for evaluating the content or accuracy of third-party materials and disclaim liability for any third-party websites, products, or services.
We are not liable for harm or damages arising from transactions or use of goods, services, or content from third-party websites. Review third-party policies and practices carefully before engaging in transactions. Direct complaints or concerns about third-party products to the third party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or Service containing typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct errors, update information, or cancel orders without prior notice, including after an order is submitted.
We undertake no obligation to update or clarify information except as required by law. No specified update date should be relied upon as indicating that all Service information has been modified or updated.
Prohibited Uses
You are prohibited from using the site or its content for any unlawful purposes, including but not limited to:
- Violating laws or regulations.
- Infringing intellectual property rights.
- Harassing, abusing, or discriminating.
- Submitting false or misleading information.
- Uploading viruses or malicious code.
- Spamming or scraping data.
- Interfering with security features.
We reserve the right to terminate your use of the Service for violations of prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. You agree that the Service and all products are provided "as is" and "as available" without warranties of any kind. Our liability is limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify and hold BirdSupplies.com, Inc. DBA UnRuffledRx and affiliates harmless from claims or demands, including attorneys’ fees, arising from your breach of these terms or violation of laws or third-party rights.
Severability
If any provision of these terms is deemed unlawful or unenforceable, it will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed without affecting the validity of remaining provisions.
Termination
These terms are effective unless terminated by you or us. You may terminate by ceasing to use the site. We may terminate if you fail to comply with terms, remaining liable for obligations incurred prior to termination.
Entire Agreement
These terms constitute the entire agreement between you and BirdSupplies.com, Inc., governing your use of the Service. Ambiguities in interpretation shall not be construed against the drafting party.
Changes to Terms of Service
We reserve the right to update these terms at our sole discretion. Continued use of the Service after changes are posted constitutes acceptance of those changes.
Acceptance of Terms
By submitting the wholesale application, you acknowledge and agree to be bound by these terms.
Contact Information
For questions about these terms, contact us:
BirdSupplies.com, Inc. DBA UnRuffledRx
5025 N Sungold LN, Castle Rock, CO 80109
Email: BirdSupplies@gmail.com
Phone: 1-719-650-0812
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