Terms of Sale

Updated 15 May 2019

This Terms of Sale governs the sale of Cornell Lab of Ornithology Digital Publications (the “Digital Publications”). By using the Digital Publications, you also agree to our Terms of Use and Privacy Policy.

Digital Publications

The Cornell Lab of Ornithology (“The Cornell Lab”) Digital Publications includes the Birds of North America subscription website (https://birdsna.org).
You are not required to purchase anything to use the public information provided on The Cornell Lab Digital Publications.
If you do not purchase a subscription, however, your access to the content will be limited.
You can view The Cornell Lab’s subscription offerings at https://birdsna.org.
The Cornell Lab reserves the right to modify the content, type, and availability of any Digital Publications at any time.

 

Subscription

  1. Auto-renewing Subscription.
    Your Digital Publications subscription, which may or may not start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel your subscription, or we terminate it. You can view the date of your next scheduled payment by signing into the Birds of North America website and reviewing your subscription. You will receive a notice from us five days before expiry that your subscription will auto-renew.
  2. Differing Subscriptions/Promotions.
    The Cornell Lab may offer a number of types of subscriptions, including subscriptions to different Cornell Lab products and special promotions and coupons.
    We reserve the right to change or terminate any offered subscriptions, promotions, or coupons at any time.

 

Billing

  1. Payment Method.
    You can pay for your subscription with a major credit card only.
    We discourage use of debit cards.
    You may edit your Payment Method information by signing into our website and reviewing your subscription.
    If your payment is unsuccessful by reason of insufficient funds, expiration, or otherwise, we will make an attempt to notify you. Your subscription will be canceled after eight (8) days of non-payment.
  2. Recurring Billing.
    By placing an order for a subscription, you authorize us to charge you the subscription fee in effect at the beginning of each Billing Period, plus applicable taxes, to your Payment Method.
    You acknowledge that the amount charged each Billing Period may vary for reasons that may include price changes, changing your subscription, or changes in applicable taxes, and you authorize us to charge your Payment Method for such varying amount each Billing Period.
    We will notify all subscribers in advance of any price changes and can cancel your subscription if you do not accept the price changes. Applicable taxes may vary. For example, you authorize us to charge your Payment Method the promotional rate disclosed on the website in the initial Billing Period (if applicable) and the regular subscription rate in subsequent Billing Periods, each with applicable taxes. We automatically bill your Payment Method on the last day of each Billing Period.
    We reserve the right to change the timing of our billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your subscription fee, you have eight (8) days to provide us a new Payment Method or your subscription will be canceled.
  3. Price Changes.
    The subscription fees for any of our products may change.
    We will notify current subscribers in advance of any price changes and you can cancel your subscription before the new pricing goes into effect. If you do not cancel your subscription, you effectively accept the changes and you will be charged the new subscription fee at your next Billing Period.
  4. Billing Period.
    We will charge the subscription fee at the commencement of your subscription or, if applicable, at the end of your free trial period. Your recurring subscription will automatically renew on the same date the following term (either monthly or annually) and automatically thereafter unless and until your subscription is cancelled. For subscriptions terminating on the last day of a short month, the subscription will renew on the last day of the month, then return to the original renewal date the following term. You can view the date of your next scheduled payment by signing into the Birds of North America website.
  5. One-Time Purchases.
    When you purchase a stand-alone product, such as a gift subscription, we will charge your Payment Method only once, at the time of purchase.

 

Cancellations and Refunds

  1. Cancellations.
    You can cancel your subscription at any time. You must cancel your subscription before it renews each Billing Period to avoid billing of the next Billing Period’s subscription fees to your Payment Method. Accordingly, when you cancel, you cancel only future charges associated with your subscription, and you will not receive a prorated refund for the current Billing Period. Your cancellation will become effective at the end of your current Billing Period, and you will continue to have access to your subscription for the balance of the Billing Period.
  2. Refunds.
    Payments are non-refundable, and there are no refunds or credits for partially used Billing Periods. We reserve the right, however, to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

 

E-Sign Disclosure and Consent

  1. By purchasing a Digital Product and accepting these Terms of Sale and Privacy Policy, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, subscription information, newsletters, other communications, and changes or updates to any such documents electronically (collectively, the “Electronic Communications”).
    We will provide these Electronic Communications by posting them on the Birds of North America website and/or emailing them to your primary email address associated with your Digital Subscription. You agree that the Electronic Communications will satisfy any legal communication requirements, including that such communications be in writing.
    Electronic Communications will be deemed received by you within 24 hours of the time posted to our website within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.

 

System Requirements to Access Information

To view our content and receive Electronic Communications you must have the following equipment and software:

  1. a computer or other device with an Internet connection;
  2. a current web browser that includes 128-bit encryption with cookies and javascript enabled;
  3. a valid email address (your primary email address associated with the Digital Products Subscription).

Your access to this page verifies that your system/device meets these requirements. You also confirm that you have access to the necessary equipment and are able to receive, open, print, or store Electronic Communications.
It is your responsibility to keep your primary email address up to date. You can change your primary email address on the Birds of North America website. You agree that Electronic Communications sent to a primary email address that is incorrect, out of date, blocked by your service provider, or cannot be received due to your failure to maintain the system requirements, will be deemed to have been provided to you.
If an Electronic Communication is returned to us because your email address becomes invalid, we may deem your subscription to be inactive, and you will not be able to use the Digital Products until we receive a valid, working primary email address from you.
We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications.
Changes to the Terms of Sale
We may, from time to time, change these Terms of Sale. When such changes are made, we will make a copy of the new Terms of Sale available to you on our website.