Effective Date: November 22, 2022

This website is operated by BirdieBongo LLC (“we”, “us”, “our”, or “BirdieBongo”). The following Terms of Use, together with any documents referred to in them, (collectively, the “Terms”) apply to our users’ (“you” or “your”) use of our website and other services offered at the website (together, the “Site”).

PLEASE READ THE TERMS AND OUR PRIVACY POLICY CAREFULLY BEFORE REGISTERING AN ACCOUNT AND/OR USING ANY PART OF THE SITE. IF YOU DO NOT ACCEPT THE TERMS, YOU MAY NOT USE OR ACCESS ANY PORTION OF THE SITE. BY USING THE SITE, YOU AGREE TO THE TERMS. IF YOU DO NOT AGREE TO THE TERMS OR OUR PRIVACY POLICY, DO NOT USE OR ACCESS THE SITE.

1. REVISIONS TO THE TERMS. We may revise and update the Terms in our sole discretion and will post any updates to the Terms on the Site. Your continued use of the Site, or any other service provided on the Site, means that you accept and agree to the modified Terms.
2. LICENSE GRANT; SITE ACCESS; INFORMATION YOU PROVIDE.
   1. Subject to the Terms, we hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to use the Site. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
   2. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Site is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree that you will not copy, modify, alter, revise, paraphrase, display, store, timeshare, sublicense, publish, transmit, sell, rent, lease, or otherwise transfer or distribute any content, in whole or in part, found on the Site or any portion thereof, or create derivative works thereof, except as specifically authorized herein. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other license provisions contained on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by the Terms.
      
      In the event of any third-party claim that the Site infringes that third party’s intellectual property rights, BirdieBongo will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
   3. All information you provide to us through the Site must be current, accurate, and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the Site. You represent and warrant that you have all rights necessary to receive, use, transmit, and disclose all data that you use in any way with the Site.
3. USER CONTENT ON THE SITE.
   1. To the extent portions of the Site allow you to comment or otherwise post regarding content on the Site (“User Content”), you may not post User Content that (i) violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity; (ii) is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory; (iii) you know (or reasonably should know) is false, deceptive, or misleading; (iv) contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, passwords, or other authentication methods; (v) links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or (vi) violates any applicable local, state, national, or international law. By posting User Content on the Site, you represent and warrant that the posting of your User Content does not violate the Terms or applicable laws.
   2. BirdieBongo does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on our Site. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit, or remove any User Content, in whole or in part, at our sole discretion.
   3. UNDER NO CIRCUMSTANCES SHALL BIRDIEBONGO OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SITE. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the Site.
4. SECURITY. A password or another form of authentication (“Authentication Method”) is required to access and use the Site. You are solely responsible for (i) maintaining the strict confidentiality of the Authentication Method assigned to or created by you, (ii) instructing any individual to whom you disclose your Authentication Method not to allow another person to use your Authentication Method to access the Site without your express permission, (iii) any charges, damages, or losses that may be incurred or suffered as a result of your failure, or the failure of any individual using your Authentication Method, to maintain the strict confidentiality of the Authentication Method, and (iv) promptly informing us in writing of any need to deactivate an Authentication Method due to security concerns. We are not liable for any harm related to authorization, disclosure, or theft of your Authentication Method. You agree to immediately notify us of any unauthorized use of your Authentication Method. You will be liable for any use of the Site through your Authentication Method. Additionally, you are liable for any unauthorized use of the Site until you notify us of any security breach.
5. UPDATES. BirdieBongo may from time to time in its sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that BirdieBongo has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Site and be subject to the Terms.
6. FEEDBACK. You agree to reasonably cooperate with us in providing any comments and other feedback with respect to use of the Site or any component thereof. By submitting information to us, you grant to us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such information, subject to applicable laws and regulations, the Terms, and our Privacy Policy.
7. CONFIDENTIAL PERSONAL INFORMATION. The Site enables you to transmit, store, and receive confidential personal information regarding you or other persons. You represent and warrant that you will, at all times during the term of the Terms and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal information. You further represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of the Terms and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, to disclose, process, retrieve, transmit, and view the confidential personal information you transmit, store, or receive in connection with the Site. You agree that we, our licensors, and all other persons or entities involved in the operation of the Site, have the right to monitor, retrieve, store, and use confidential personal information in connection with the operation of the Site, and that we are acting on your behalf in transmitting confidential personal information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and as may be required or permitted by law. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF CONFIDENTIAL PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THE SITE OR ANY SERVICES OFFERED THEREON.
8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY COURSE OF DEALING, CUSTOM OR TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (i) WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) IS FREE OF VIRUSES, UNAUTHORIZED CODES, OR OTHER HARMFUL COMPONENTS, OR (iii) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
9. LIMITATION OF LIABILITY.
   1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR PROVIDERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (i) USE OF THE SITE OR ANY SERVICES OFFERED THEREON, (ii) RELIANCE ON THE CONTENT BY YOU OR ANYONE USING YOUR AUTHENTICATION METHOD, OR (iii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
   2. IF, NOTWITHSTANDING THE TERMS, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED WHICH GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US WHICH CONSIDERS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.
10. INDEMNITY. You agree to defend, indemnify, and hold us harmless from any claims, losses, expenses, costs, or damages (including reasonable attorneys’ fees, expert fees; and other costs of litigation) arising from, incurred as a result of, or in any manner related to (i) your breach of the Terms, (ii) use of the Site and any services offered thereon by you or any other person using your Authentication Method, (iii) the unauthorized or unlawful use of the Site by you or any other person using your Authentication Method, and (iv) any claim that your content violates the intellectual property rights of a third party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
11. TERMINATION. Your right to access and use the Site immediately terminates without further notice upon your breach of the Terms. We may terminate the Terms and/or your right to use the Site at any time, with or without cause. Sections 6, 7, 8, 9, 10, 11, 13, 14, and 15 of these Terms of Use survive the expiration or termination of the Terms for any reason whatsoever. We reserve the right to discontinue or make changes to the Site at any time.
12. LINKS TO OTHER WEBSITES AND CONNECTING THROUGH SOCIAL MEDIA. The Site may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website within the Site does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Site to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
13. ASSIGNMENT; WAIVER. We may assign the Terms, in whole or in part, in our sole discretion. You may not assign your rights under the Terms without our prior written permission. Any attempt by you to assign your rights under the Terms without our permission shall be void. The waiver by us of a breach of any provision of the Terms shall not operate or be construed as a waiver of any other or subsequent breach. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Terms shall remain in full force and effect.
14. GOVERNING LAW. The Terms are governed by the laws of the State of Illinois without giving effect to any principles of conflicts of law. Any claim or dispute related to the Site or under the Terms, the Privacy Policy, and any legal notices within this Site, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of DuPage, in the State of Illinois.
15. Entire Agreement. The Terms contain the entire agreement between you and us relating to the subject matter hereof and supersedes any other oral or written communications relating thereto. You agree that you have not relied on any other verbal or written statements, actions, or representations by us, our employees, or agents in consenting to the Terms. The Terms may not be amended or supplemented by any document originated by you relating to the subject matter hereof, or any statements of any of our employees and agents.

Contact Information

To contact us with any questions or inquiries about the Terms, please contact us at: support@birdiebongo.com.