TERMS AND CONDITION OF USE

MYBIRDSTORE.COM TERMS AND CONDITIONS

Effective as of the date posted. By visiting, browsing, shopping, accessing, or otherwise
using this website (the "Site"), operated by MyBirdStore.com, you agree to be bound by the
Terms of Use below. By placing an order, you additionally agree to be bound by the Terms
of Sale below.

PART I -- TERMS OF USE

1. Acceptance of Terms

This User Agreement, and all of its terms and conditions, constitute a legal contract
between you ("you," "your," or "Customer") and MyBirdStore.com ("MyBirdStore.com," which
includes its affiliates). By visiting, browsing, shopping, accessing, or otherwise using
the Site, you acknowledge that you have read, understood, and agree to be bound by this
User Agreement, and to comply with all applicable laws and regulations, including U.S.
export and re-export control laws. If you do not agree to this User Agreement, do not use
the Site.

These terms and conditions are subject to change without prior notice, at
MyBirdStore.com's sole discretion. Continued use of the Site after a change is posted
constitutes acceptance of that change. Customers should check this User Agreement and the
Privacy Pledge frequently.

The material provided on the Site is protected by law, including United States copyright
law and international treaties. The Site is controlled and operated by MyBirdStore.com
from its offices within the United States. MyBirdStore.com makes no representation that
materials on the Site are appropriate or available for use in other locations, and access
from territories where their contents are illegal is not authorized. Those who access the
Site from other locations do so on their own initiative and are responsible for compliance
with applicable local law.

Any claim relating to, and the use of, the Site and the materials contained herein is
governed by the laws of the State of NJ, without regard to conflict-of-law rules. You
consent to the jurisdiction of the federal and state courts located in Burlington County,
NJ, to hear any such claims.

2. Access, Interference, and Linking

MyBirdStore.com grants you a limited license to access and make personal use of the Site,
and not to download (other than page caching) or modify it, or any portion of it, except
as provided under "Use Restrictions," below, or with MyBirdStore.com's express written
consent.

The following activity on the Site is expressly prohibited: (a) any non-personal or
commercial use of a robot, spider, or other automated device or manual process to monitor
or copy any portion of the Site or its content without MyBirdStore.com's prior written
permission; (b) collecting or using any product listings, descriptions, or prices from the
Site for the benefit of another merchant supplying competitive or comparable products; and
(c) any use of, or visit to, the Site that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by MyBirdStore.com.

You are granted a limited, revocable, nonexclusive right to hyperlink to the Site's home
page, so long as the link does not portray MyBirdStore.com, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive manner.
You may not use any MyBirdStore.com logo or other proprietary graphic or trademark as part
of the link without express written permission. MyBirdStore.com does not review or control
third-party sites that link to or from the Site and is not responsible for their content.

3. Use Restrictions

The copyright in all material provided on the Site is held by MyBirdStore.com or by the
original creator of the material. Except as stated herein, none of the material may be
copied, reproduced, distributed, republished, downloaded, displayed, posted, or
transmitted in any form or by any means without the prior written permission of
MyBirdStore.com or the copyright owner. Permission is granted to display, copy,
distribute, and download materials on the Site for personal, non-commercial use only,
provided you do not modify the materials and retain all copyright and proprietary notices.
This permission terminates automatically upon any breach of these terms; upon termination,
you must immediately destroy any downloaded or printed materials. You may not, without
MyBirdStore.com's prior written permission, "mirror" any material on the Site on any other
server. Unauthorized use of any material on the Site may violate copyright, trademark,
privacy and publicity laws, and communications regulations and statutes.

All trademarks and registered trademarks are the property of their respective owners.
Photographs are courtesy of the respective manufacturers. MyBirdStore.com and the Circle
of Service logo are trademarks of MyBirdStore.com. Copyright (c) 2002 MyBirdStore.com.
Microsoft and the Passport Logo are trademarks or registered trademarks of Microsoft
Corporation, used under license.

4. Limitation of Liability (Site Use)

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MYBIRDSTORE.COM BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR
PROFIT, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE,
EVEN IF MYBIRDSTORE.COM OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF SITE MATERIALS RESULTS IN THE NEED FOR
SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. Arbitration (Site Use)

By accessing the Site and/or purchasing any products or services made available through
it, you agree with MyBirdStore.com, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries, and any content provider or offeror of goods
or services on the Site, that ANY CLAIM OR DISPUTE UNDER THIS USER AGREEMENT, AND ANY
CLAIM OR DISPUTE YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES -- WHETHER RELATED
TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT -- WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
under the Code of Procedure of Arbitration-Forum.com (the "Code") in effect at the time
the claim is filed. The Code is available at http://www.arbitration-forum.com or by
calling 1-800-753-9448. Notwithstanding any choice-of-law provision in this User
Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
Sections 1-16) and the New Jersey Convention on the Enforcement of Arbitration Awards (9 U.S.C.
Sections 201-208, or as codified in the jurisdiction where enforcement is sought). Hearings
shall be held as provided by the Code, and any in-person hearing shall be held in
Burlington, NJ. Each party shall bear its own cost of legal representation, discovery, or
research required to complete arbitration.

6. Privacy

Please review our Privacy Notice, which also governs your visit to the Site. You are
responsible for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you accept responsibility for all activity
occurring under your account or password. If you are under 18, you may use the Site only
with a parent or guardian. MyBirdStore.com reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole discretion.

7. Communications to MyBirdStore.com

Any communication or material you transmit to the Site, by electronic mail or otherwise --
including data, questions, comments, or suggestions -- is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used by
MyBirdStore.com for any purpose, including reproduction, disclosure, transmission,
publication, broadcast, and posting. MyBirdStore.com is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send, for any purpose,
including developing, manufacturing, and marketing products.

8. Copyright Complaints

If you believe your work has been copied in a way that constitutes copyright infringement,
please contact:

MyBirdStore.com 551 Route 130 South P.O. Box 606 Burlington, NJ 08016 Phone: 609-747-7777
Fax: 609-386-8446 Email: INFO@MYBIRDSTORE.COM

9. Disagreement with These Terms

If you disagree with any term or condition of this User Agreement, please do not visit,
browse, shop, access, or otherwise use the Site.

PART II -- TERMS AND CONDITIONS OF SALE

PLEASE READ THIS SALE AGREEMENT CAREFULLY. Unless the Customer has signed a separate
formal purchase agreement with MyBirdStore.com (in which case the separate agreement
governs), the Customer agrees to be bound by this Sale Agreement by making a purchase,
placing an order, or otherwise shopping on the Site.

1. Acceptance and Entire Agreement

This Sale Agreement is a legal contract between the Customer and MyBirdStore.com and
constitutes the entire agreement between the parties relating to the purchase or sale of
goods or services on the Site. The terms and conditions of this Sale Agreement are subject
to change without prior notice, except that the terms posted on the Site at the time the
Customer places or modifies an order will govern that order. This Sale Agreement may only
be modified or terminated, with regard to goods or services already purchased or sold, in
a writing signed by MyBirdStore.com.

Electronic records (including signatures) that are otherwise valid shall be accepted under
this Sale Agreement. The Customer consents to receiving electronic records via a web
browser or e-mail application connected to the Internet; the Customer may withdraw that
consent, or request a non-electronic record, by contacting MyBirdStore.com at the address
in Part I, Section 8. In the event of any conflict between your purchase order and this
Sale Agreement or our invoice, the provisions of this Sale Agreement and our invoice
control.

2. Governing Law

THIS AGREEMENT AND ANY SALES HEREUNDER ARE GOVERNED BY THE LAWS OF THE STATE OF NJ,
WITHOUT REGARD TO CONFLICT-OF-LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL OR STATE COURTS LOCATED IN BURLINGTON COUNTY, NJ, FOR ANY SUIT, ACTION, OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

3. Title; Risk of Loss

Title to goods purchased is retained by the seller until paid for by the purchaser, at
which time title passes to the purchaser. Loss or damage occurring during shipping by a
carrier selected by MyBirdStore.com is MyBirdStore.com's responsibility; loss or damage
occurring during shipping by a carrier selected by the Customer is the Customer's
responsibility. Title to software remains with the applicable licensor(s).

4. Export Sales

If goods are purchased for export, the Customer must obtain the required export
documentation from the federal government before shipping to a foreign country.
Manufacturers' warranties for exported goods may vary, or may be null and void outside the
United States. Any and all liability is limited to the products purchased.

5. Orders, Payment, and Order Accuracy

  5.1 Orders; Payment Terms; Interest; Taxes

Orders are not binding upon MyBirdStore.com until accepted by MyBirdStore.com. Terms of
payment are within MyBirdStore.com's sole discretion. Invoices are due and payable within
the period noted on the invoice, measured from the invoice date. MyBirdStore.com may
invoice parts of an order separately. The Customer agrees to pay interest on all past-due
sums at the highest rate allowed by law and is responsible for sales and all other taxes
associated with the order.

  5.2 Customer-Provided Information

MyBirdStore.com relies on the accuracy of information provided by the Customer at the time
of order, including shipping address, billing address, contact information, and product
selection. Where MyBirdStore.com ships an order exactly as instructed based on information
the Customer provided, MyBirdStore.com is not responsible for any resulting misdelivery,
delay, or loss caused by inaccurate, incomplete, or outdated information supplied by the
Customer. For example, if a Customer enters an incorrect delivery address and
MyBirdStore.com ships to that address as entered, responsibility for any resulting
consequences rests with the Customer.

This section does not apply to errors caused by MyBirdStore.com in processing, recording,
or fulfilling an order based on information correctly provided by the Customer, nor does
it limit any right the Customer may have under applicable law.

Customers are responsible for reviewing their order confirmation e-mail promptly upon
receipt and for notifying MyBirdStore.com immediately of any discrepancy (see Section 5.3,
Phone Orders, below).

While under no obligation to do so, MyBirdStore.com may, at its discretion, assist in
remedying such situations, including by reshipping product, at the Customer's expense.

  5.3 Phone Orders

MyBirdStore.com is happy to take orders by phone. Immediately upon submission of a phone
order, you will receive an e-mail confirmation. Should there be any errors in the order,
MyBirdStore.com cannot be responsible therefor. It is your responsibility to immediately
check the e-mail confirmation and contact MyBirdStore.com with any changes.

  5.4 Freight Policy

Shipping and handling charges on all orders vary; contact your MyBirdStore.com account
manager for current rates, options, and shipping specials. For the Customer's protection,
we ship only to the verified billing address of the Customer's credit card. International
shipping may be available in some circumstances; call for details.

  5.5 Credit Cards

Credit card charges are processed online after ordering. Time of shipment is less than one
week. MyBirdStore.com does not apply any surcharge for credit card use.

6. Disclaimers

  6.1 General Legal Disclaimer

MYBIRDSTORE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT
AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY.

  6.2 Internet and Connectivity Disclaimer

Internet connectivity requires access services from an Internet access provider; contact
your local provider for rates, terms, and conditions. 56K modems are capable of 56 Kbps
downloads; however, current regulations limit download speed to 53 Kbps.

  6.3 Third-Party Product and Y2K Disclaimer

All products sold by MyBirdStore.com are third-party products subject to the warranties
and representations of the applicable manufacturers, including as to Y2K compliance.
MyBirdStore.com makes no representation or warranty regarding Y2K compliance of products
sold.

  6.4 Pricing and Information Disclaimer

All pricing is subject to change. MyBirdStore.com reserves the right to make adjustments
due to changing market conditions, product discontinuation, manufacturer price changes,
errors in advertisements, and other extenuating circumstances. High-volume bids are
welcome. While MyBirdStore.com uses reasonable efforts to keep Site information accurate
and current, it makes no warranty as to the Site's accuracy and assumes no liability for
errors or omissions in Site content.

7. Limitation of Liability (Sale of Goods)

MYBIRDSTORE.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIM EXCEPT AS EXPRESSLY PROVIDED HEREIN.
MYBIRDSTORE.COM WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES BEING UNAVAILABLE FOR USE, OR
FOR LOST OR CORRUPTED DATA OR SOFTWARE. FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, MYBIRDSTORE.COM IS NOT LIABLE FOR ANY AMOUNT ABOVE THE AGGREGATE
DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

8. Arbitration (Sale of Goods)

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT,
AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation,
or its breach, termination, or validity, the relationships resulting from this Sale
Agreement (including, to the full extent permitted by law, relationships with third
parties who are not signatories), MyBirdStore.com's advertising, or any related purchase,
SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE
NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of Arbitration-Forum.com (the
"Code") in effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or by calling 1-800-753-9448. Notwithstanding any
choice-of-law provision in this Sale Agreement, this arbitration agreement is subject to
the Federal Arbitration Act (9 U.S.C. Sections 1-16) and the New Jersey Convention on the
Enforcement of Arbitration Awards (9 U.S.C. Sections 201-208, or as codified in the jurisdiction
where enforcement is sought). Hearings shall be held as provided by the Code, and any
in-person hearing shall be held in Burlington, NJ. Judgment on the arbitrator's award may
be entered by any court having jurisdiction. Each party shall bear its own cost of legal
representation, discovery, or research required to complete arbitration.

9. Returns

MyBirdStore.com offers a 30-day return policy on selected items, based on manufacturer
return policies. For further information, please contact your MyBirdStore.com account
manager, call 609-747-7777, or e-mail our Returns Department at SHIPPING@MYBIRDSTORE.COM.
For faster service, please have the following information on hand: customer name, invoice
number, serial number, and nature of the problem. A determination will be made at that
time.

All products returned must: be 100% complete; contain all original boxes and packing
materials; have original UPC codes on the manufacturer boxes; and contain all manuals,
blank warranty cards, and other accessories and documentation provided by the
manufacturer.

You are responsible for shipping charges on returned items; MyBirdStore.com will match
your shipping method on your replacement or exchange item(s). MyBirdStore.com strongly
recommends you fully insure your return shipment in case it is lost or damaged, and that
you use a carrier that provides proof of delivery for your protection.

If merchandise arrives damaged, it is best to refuse it back to the delivering carrier. If
you accept the package, make sure the damage is noted on the carrier's delivery record so
that MyBirdStore.com can file a damage claim. Save the merchandise and the original box
and packing, and notify MyBirdStore.com immediately to arrange a carrier inspection and
pickup of the damaged merchandise. If you do not notify MyBirdStore.com of damaged goods
within the first 15 days of arrival, our regular return policy will override any damage
claim, and current manufacturer restrictions will apply. Call 609-747-7777 or your account
manager to arrange a carrier inspection and pickup.

Defective returns may be returned directly to MyBirdStore.com within 30 days of the
invoice date, at MyBirdStore.com's discretion, for credit, replacement, exchange, or
repair. Manufacturer restrictions apply and are outlined in our detailed policy; an item
missing its UPC can only be replaced with the same item. After 30 days, all manufacturers'
warranties apply.

Non-defective returns may be accepted directly by MyBirdStore.com within 30 days of the
invoice date, at MyBirdStore.com's discretion, for credit or exchange. All non-defective
returns are subject to a 5% restocking fee unless otherwise specified by MyBirdStore.com.

Due to manufacturers' policies, MyBirdStore.com cannot accept returns of the following
items for exchange, replacement, or credit for any reason: soiled or used bird or human
apparel. Defective merchandise of this kind can be returned for repair only, to
MyBirdStore.com, the manufacturer directly, or an authorized service center in your area.
Additional manufacturers may be added to this list as manufacturer policies change, a
manufacturer goes out of business, or in the case of specially ordered items.

MyBirdStore.com reserves the right to authorize product returns beyond 30 days from the
invoice date. Customers are responsible for all shipping charges back to MyBirdStore.com
on returned items; MyBirdStore.com will pay shipping charges on the replacement or
exchange item(s) where the return is the fault of MyBirdStore.com.

No refunds. Store credit only.