Terms and Conditions

Last updated: June 16, 2026

These Terms and Conditions ("Terms") govern access to and use of https://hummingbirdscenter.org and any official donation, checkout, ordering, or payment page that clearly identifies Hummingbirds Center Research Institute - Centro Colibri, Inc. and links to these Terms.

Hummingbirds Center Research Institute - Centro Colibri, Inc. (the "Organization," "we," "us," or "our") is a United States nonprofit corporation recognized as a tax-exempt public charity under Section 501(c)(3) of the Internal Revenue Code. Our correspondence address is 447 Broadway, 2nd Floor, Suite 1012, New York, NY 10013, United States.

Current website status. As of the Last Updated date, the Website may provide information without displaying active payment or donation buttons. The provisions below concerning donations, orders, payments, recurring charges, shipping, returns, and refunds apply whenever the Organization makes those functions available through an official page or link. Displaying information about a product or program does not by itself create a sale, accept a donation, or obligate the Organization to fulfill a transaction.

1. Acceptance of These Terms

By accessing or using the Website, submitting information, making a donation, placing an order, checking an acceptance box, or using an official checkout linked from the Website, you agree to these Terms and to the Privacy Policy and Shipping, Returns, Refunds & Donation Cancellation Policy incorporated by reference. If you do not agree, do not use the relevant Website feature or complete a transaction.

You must be at least 18 years old, or the age of legal majority where you live, to make a purchase or recurring donation. A person acting for a company, institution, zoo, rehabilitation center, laboratory, charity, or other entity represents that the person has authority to bind that entity.

2. About the Website and Our Programs

The Website provides information concerning hummingbird physiology, nutrition, care, conservation, research, education, and related nonprofit programs. It may also describe or offer charitable giving opportunities and mission-related products developed, produced, selected, or distributed as part of the Organization's exempt activities.

Content made available through the Website and our research communications is provided for general educational and informational purposes. It is not veterinary diagnosis or treatment, wildlife rehabilitation authorization, legal advice, or a substitute for instructions from a licensed veterinarian, qualified wildlife rehabilitator, competent wildlife authority, or the applicable product label.

3. Mission-Related Products and Transaction Classification

Products offered by the Organization may include Hummcare Nectar and specific autoclavable or autoclave-compatible feeding equipment expressly identified on the applicable product page (collectively, "Program Products"). Product names, specifications, package size, intended use, preparation and storage instructions, included components, warnings, availability, and any applicable scientific references will be stated on the relevant product page or label.

The Organization's description of a Program Product applies only to the particular product identified and supplied by the Organization. It does not classify, endorse, or make representations about third-party sugar-water mixtures, other products marketed as "nectar," non-autoclavable feeders, or any item not expressly identified by the Organization.

A purchase of a Program Product is a sale of goods and is not automatically a charitable donation. A transaction will be treated as a donation only to the extent the checkout and receipt expressly identify an amount as a charitable contribution. Purchases and donations will be identified separately wherever both options are available.

4. Product Descriptions, Availability, Prices, and Currency

We seek to describe products and donation options accurately. Images may be illustrative, and packaging or non-material features may change. The product page, checkout, order confirmation, and label should be read together. In the event of a conflict, mandatory law and the most transaction-specific written term control.

Before an order is submitted, the Website or official checkout will identify the price, purchase currency, quantity, applicable taxes or charges, shipping cost or method for determining it, and any material purchase restrictions. Prices do not include duties, customs charges, brokerage charges, or similar governmental fees unless expressly stated.

Products and donation features may be limited, delayed, discontinued, or unavailable in some locations. We may correct typographical, pricing, inventory, or description errors before accepting an order. If a material error affects an accepted order, we will contact you and provide a lawful option to confirm the corrected terms or receive a refund.

5. Orders and Order Acceptance

An order is an offer to purchase. An automated acknowledgment confirms receipt but does not necessarily constitute acceptance. We accept an order when we send an acceptance or shipment confirmation, or otherwise begin fulfillment.

You agree to provide complete and accurate contact, billing, shipping, and transaction information and to update it when necessary. You are responsible for confirming that the product is lawful and suitable for the intended location and use.

We may refuse, limit, suspend, or cancel an order before fulfillment for legitimate reasons, including lack of inventory, payment failure, suspected fraud or card testing, inaccurate information, duplicate orders, resale or diversion concerns, sanctions or export restrictions, a shipping limitation, a product-safety concern, or a violation of these Terms. If we cancel an order after payment and no product has been supplied, we will refund the amount collected for the canceled item, subject to applicable law.

6. Payments and Payment Processing

When payment functionality is enabled, payments may be processed by Stripe or another secure payment service provider identified at checkout. Available payment methods are displayed at checkout and remain subject to authorization by the issuer, card network, bank, and payment processor.

The Organization does not intend to collect or store full payment card numbers or card security codes on the Website. Payment information submitted through a hosted or embedded payment interface is handled by the applicable payment processor under its own terms, privacy policy, fraud controls, and security obligations. You authorize the Organization and its providers to process the information reasonably necessary to complete, document, secure, refund, and support the transaction.

You may not use a payment method without authorization, submit false information, test cards, evade transaction limits, or initiate a knowingly false chargeback or non-delivery claim. Nothing in this paragraph limits a good-faith right to report an unauthorized transaction or exercise rights provided by law or a card issuer.

7. Charitable Donations

A donation is a voluntary charitable gift to the Organization. Unless the donation page expressly states otherwise, no goods or services are provided in exchange for a donation. Donors may not impose conditions that are unlawful, inconsistent with the Organization's exempt purposes, administratively impracticable, or unacceptable to the Organization.

Donations are intended to support the Organization's charitable and exempt purposes. If a donation page offers a lawful program designation, we will make reasonable efforts to honor it. We reserve the right to decline or return a proposed gift when acceptance could create legal, ethical, operational, reputational, or mission-related concerns.

The Organization is recognized as a 501(c)(3) public charity. A charitable contribution may be deductible for United States federal income tax purposes only to the extent allowed by law and depending on the donor's circumstances. We do not provide tax advice. Donors should retain their receipt and consult a qualified tax adviser. If a payment includes goods or services, the receipt or checkout may identify the good-faith value of the benefit and the portion, if any, treated as a charitable contribution.

Donation receipts and payment confirmations will be sent electronically when contact information is provided and the payment is successfully processed. Donors are responsible for entering a correct email address and legal name where a tax acknowledgment is requested.

8. Recurring Donations

If recurring donations are offered, the frequency, amount or method for determining the amount, currency, and next charge information will be disclosed before authorization. By enrolling, you authorize the selected payment method to be charged on the disclosed schedule until you cancel or the arrangement otherwise ends.

You may cancel a recurring donation through any donor portal made available or by contacting us at the email or phone number below before the next charge is initiated. A cancellation stops future charges but does not automatically refund donations already processed. Refund requests are governed by the Shipping, Returns, Refunds & Donation Cancellation Policy.

9. Shipping, Delivery, Returns, and Refunds

Physical orders are governed by the Shipping, Returns, Refunds & Donation Cancellation Policy. Before checkout is completed, the applicable product page or checkout will disclose available destinations, shipping options, estimated handling and delivery windows, and shipping charges or the method for calculating them.

Please inspect a shipment promptly and follow the policy for damaged, defective, incorrect, missing, or delayed orders. Do not return any item without receiving return authorization and instructions.

10. Safe and Lawful Product Use

Program Products must be used only for their stated purpose and in strict accordance with the product label, package instructions, preparation ratios, storage conditions, expiration or best-by information, hygiene procedures, feeder instructions, and applicable wildlife laws.

· Hummcare Nectar is not for human consumption. Do not use it for another species or purpose unless the label expressly permits that use.

· Use clean water and clean equipment as directed. Do not add unapproved ingredients or alter the instructed preparation ratio.

· Feeders and components must be cleaned, disinfected, sterilized, or autoclaved only as their instructions permit. A product description stating that a feeder is autoclavable does not mean that every accessory, material, or sterilization cycle is suitable.

· Discard prepared nectar and clean the feeding equipment at the intervals required by the label and environmental conditions. Do not serve a product that is contaminated, improperly stored, expired, or in damaged packaging.

· A product purchase does not authorize the capture, possession, treatment, breeding, transport, or rehabilitation of wild birds. Follow all federal, state, provincial, local, and other applicable wildlife rules and permit requirements.

· If a bird appears ill, injured, distressed, or adversely affected, discontinue the suspected source when safe to do so and contact an appropriately licensed veterinarian, wildlife rehabilitator, or wildlife authority.

Individual animals, habitats, weather conditions, feeder practices, and other variables differ. Unless an express written warranty states otherwise, we do not guarantee that a product will attract birds or produce a particular survival, breeding, rehabilitation, health, behavioral, or conservation outcome.

11. Intellectual Property

The Website and its original text, graphics, photographs, videos, designs, logos, research summaries, product names, product materials, and other content are owned by or licensed to the Organization and are protected by applicable intellectual property laws. Scientific publications and third-party materials remain subject to their respective rights and licenses.

You may access and make a reasonable personal, noncommercial copy of publicly available Website content for lawful informational use. You may not reproduce, modify, sell, scrape, republish, train a commercial model on, remove rights notices from, or commercially exploit Website content without prior written permission, except as allowed by law or an applicable open license.

12. User Communications and Submitted Materials

If you send us questions, photographs, reports, testimonials, files, or other materials, you represent that you have the right to provide them and that doing so does not violate privacy, intellectual property, wildlife, confidentiality, or other laws. Unless we separately agree otherwise, you grant us a nonexclusive license to use submitted materials only as reasonably necessary to respond, provide the requested service, document a transaction, investigate safety or quality concerns, protect legal rights, and comply with law. Any broader public or promotional use requires separate permission where required.

13. Prohibited Uses

You may not use the Website, checkout, donation functionality, products, or content to:

· violate applicable law, wildlife protections, sanctions, export controls, animal-welfare requirements, or the rights of another person;

· misrepresent your identity, affiliation, charitable purpose, transaction, or authority;

· commit fraud, money laundering, card testing, payment abuse, chargeback abuse, phishing, or other deceptive conduct;

· introduce malware, interfere with security, overload systems, or attempt unauthorized access;

· scrape or systematically extract content or personal data except through ordinary search-engine indexing or with written permission;

· resell, relabel, adulterate, counterfeit, or materially alter a Program Product, or make misleading claims about its source, composition, regulatory status, scientific basis, or endorsement; or

· use the Organization's name, marks, research, product identity, or 501(c)(3) status in a manner that falsely implies sponsorship, certification, partnership, or approval.

14. Third-Party Services and Links

The Website may link to or use third-party hosting, ecommerce, payment, shipping, email, analytics, security, social media, mapping, and research services. Those services may have their own terms and privacy policies. We are not responsible for a third party's independent content or practices, but this does not limit rights you may have against us under applicable law.

15. Disclaimers

To the maximum extent permitted by law, the Website and its general informational content are provided "as is" and "as available." We do not warrant uninterrupted access, error-free operation, or that every item of general information will remain current. Product-specific warranties, if any, will be stated on the product page, label, or accompanying documentation.

Nothing in these Terms excludes warranties, remedies, or consumer rights that cannot lawfully be excluded. The foregoing disclaimers do not apply to fraud, willful misconduct, or any liability that applicable law does not permit us to disclaim.

16. Limitation of Liability

To the maximum extent permitted by law, neither the Organization nor its directors, officers, employees, volunteers, agents, or service providers will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, data, opportunity, or goodwill, arising from the Website or a transaction, even if advised of the possibility.

To the maximum extent permitted by law, our aggregate liability arising from a specific purchase will not exceed the amount paid for the affected product, and our aggregate liability arising solely from use of the free Website will not exceed USD 100. These limits do not apply to death or personal injury caused by negligence where the law forbids limitation, product liability that cannot be limited, gross negligence, willful misconduct, fraud, or mandatory statutory rights.

17. Indemnification

To the extent permitted by law, you agree to indemnify the Organization from third-party claims, losses, and reasonable costs caused by your unlawful misuse of the Website or a product, your material breach of these Terms, your violation of another person's rights, or materials you submit without the required rights. This section does not require a consumer to indemnify the Organization for the Organization's own negligence or unlawful conduct.

18. Website Availability, Changes, and Suspension

We may update, correct, suspend, or discontinue Website content, features, products, donation options, or checkout availability. We may restrict access when reasonably necessary for maintenance, security, legal compliance, fraud prevention, product safety, or protection of users or the Organization. Accepted transactions remain subject to their applicable terms and mandatory law.

19. Governing Law and Disputes

These Terms are governed by the laws of the State of New York and applicable United States federal law, without regard to conflict-of-law principles, except that mandatory consumer protections of your place of residence continue to apply when they cannot be waived.

Before filing a claim, please contact us and provide enough information to investigate. The parties will attempt in good faith to resolve the matter informally. Subject to any non-waivable right to bring a claim elsewhere, courts located in New York County, New York will have jurisdiction over disputes arising from these Terms or the Website.

20. Severability, Waiver, and Entire Agreement

If a provision is held invalid or unenforceable, it will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver. These Terms, together with policies and transaction-specific terms expressly incorporated by reference, form the agreement governing the relevant use or transaction.

21. Changes to These Terms

We may revise these Terms from time to time. The updated version will be posted with a new Last Updated date. Changes apply prospectively unless law requires otherwise. Material transaction terms accepted before an update remain governed by the version applicable when the transaction was made, unless the parties lawfully agree otherwise.

22. Contact Information

Hummingbirds Center Research Institute - Centro Colibri, Inc.
447 Broadway, 2nd Floor, Suite 1012, New York, NY 10013, United States
Email: info@hummingbirdscenter.com
Phone: +1 (646) 992-3830
Website: https://hummingbirdscenter.org