Terms and Conditions
Effective as of August 1, 2022
The Identify Any Bird Anywhere Course (“Course”) is a subsidiary of Bird Mentor, a Connecticut sole proprietor company (“BM”). Your use of the Identify Any Bird Anywhere website and the services provided by Bird Mentor are subject to your acceptance of these Terms and Conditions (the “Terms”) and you agree to use this website or our services in accordance with and subject to these Terms. The Terms as set out hereafter constitute the entire agreement between you and BM including its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, instructors, successors, and assigns. If you do not accept these Terms, please contact us before accessing or using any page on BM’s websites or services provided therein. You consent to be bound by these Terms.
THIS AGREEMENT is between you, the user of this Site or BM’s services, and BM.
ORDER PROCESSING CONDITIONS
The following conditions apply to orders of any SERVICES made by you through this website.
(1) Placing an order
On placing an order, you agree to pay the full amount as listed on the confirmation page. Any amounts for BM’s services are subject to change without notice.
(2) Processing an order
Upon receipt of your order and upon approval of the payment information by the financial institution used by you, you will be provided access to the services purchased by you through BM’s website and any other additional applications or services provided in your purchase.
For all physical purchases, you will be provided an estimated delivery schedule upon purchase. All delivery schedules are estimates and may be subject to change based upon the conditions outside of BM’s control.
(3) Acceptance of Procedures
As a condition of placing an order through this website, you agree to assume any risks involved in the processing of your order.
FOR ALL Course PURCHASES FROM BM, BM MAY REFUND THE AMOUNT PAID IN FULL IF (1) THE Course WAS PURCHASED IN FULL AND (2) YOU MAKE A REQUEST FOR A REFUND WITHIN THIRTY (30) DAYS OF PURCHASE TO [email protected] . BM WILL NOT REFUND THE FIRST PAYMENT OF ANY PAYMENT PLAN OPTION.
NO LIABILITY IN CREDIT CARD OR DEBIT CARD TRANSACTIONS
BM makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. HOWEVER, if unauthorized charges appear on your credit card or debit card statement for any card used on this website at any time during or after you place your order, conduct your transaction, or disclose your card details on this website, BM shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with site use, transaction or disclosure, subject only to any statutory rights which you may have.
You further give BM permission to automatically charge your debit or credit card for all fees and charges due and payable to BM, without any additional authorization, for which you will receive an electronic receipt. You also agree that BM is authorized to share any payment information and instructions required to complete the payments transactions with its third-party payment service providers (i.e., credit card transaction processing, merchant settlement, and the like).
If payment is required to use a Course and it is not received when due, to the extent you are not required to make a one-time payment in exchange for use of a Course, BM reserves the right to terminate your use of the Course immediately and permanently.
USE OF COPYRIGHT, NOTICE, AND LIMITED LICENSE
The Services provided by BM, which contains BM’s materials, may be accessed via its online web platform through the BM website, or through separate applications, as authorized by BM. The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names, and logos (“Materials”) contained in this website and on any application utilizing BMs Materials are protected by copyright, trademark, database right, and other intellectual property laws under national laws and international treaties. BM or its licensors (as the case may be) retains all right, title, interest, and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products, or services obtained from this website or from any application containing BM’s Materials. Other than expressly provided herein, nothing in these terms shall be construed as inferring by implication or otherwise any license or right under any copyright, trademark, database right, sui generis right, or other intellectual property or proprietary interest of BM, its licensors or any third party. Any persons breaching any of these provisions will be prosecuted.
You shall use the Course only for your personal use, education, or entertainment purposes. If you intend to use the Course for any other purpose, including for a commercial intent or for the purpose of generating revenue directly through the Course, you must first obtain and pay for a different License for the Course.
As a condition for your License, if you are required to create an account, you agree to comply with BM’s security procedures, including any password policies (including changing your password from time to time if directed by BM), to not circumvent any security or access provisions or procedures established by BM, and to not implement or utilize any alternative access or backdoors to any Course. Except as otherwise provided for herein, you shall not provide other persons with access to the Course or your login credentials for your account.
You agree to indemnify and hold BM, its subsidiaries, affiliates, managers, members, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the website or BM’s services.
BM’s failure to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the rights attaching to any of them.
The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.
NO LIABILITY AND LIABILITY LIMITATIONS
BM’S LIABILITY IN ALL CASES ARE STRICTLY LIMITED TO, AND BM IS NOT AND SHALL NOT BE LIABLE BEYOND, THE FOLLOWING, REGARDLESS OF CIRCUMSTANCES:
- BM’S LIABILITY FOR ALL LOSS OR DAMAGE FROM ANY CAUSE OR FAULT WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE CAUSED BY THE USE OF BM’S WEBSITE OR THE SERVICES PROVIDED OR DESIRED SHALL NOT EXCEED THE ACTUAL DAMAGES INCURRED OR THE AMOUNT PAID RECEIVED BY THE COMPANY IN PROVIDING BM’S GOODS OR SERVICES TO YOU, WHICHEVER IS LESS.
- BM WILL NOT BE RESPONSIBLE IN ANY RESPECT OR FOR ANY AMOUNT FOR LOSS OR DELAY CAUSED BY EVENTS THAT BM CANNOT OR DO NOT CONTROL, INCLUDING BUT NOT LIMITED TO, ACTS OF GOD, WEATHER CONDITIONS, ACTS OF PUBLIC ENEMIES, WAR, STRIKES, CIVIL COMMOTIONS, ACTS OR OMISSIONS OF PUBLIC AUTHORITIES, PANDEMICS, EPIDEMICS, GOVERNMENT SHUTDOWNS, OR YOUR FAILURE TO CAREFULLY INSPECT SHIPPING INFORMATION, OR SHIPPING COURIER (E.G., LOCAL COURIER, FEDEX , UPS, USPS, ETC.) FAILURES OR NEGLIGENCE.
- PRIOR TO PLACING AN ORDER, YOU SHOULD ENSURE THAT YOU HAVE REVIEWED THESE TERMS AND THAT THEY ARE ACCEPTABLE TO YOU.
- BM SHALL IN NO WAY BE LIABLE TO YOU IN THE EVENT THAT THESE SERVICES ARE NOT SUITABLE FOR YOUR PURPOSE.
- BM TRIES TO ENSURE THAT THE AVAILABILITY AND DELIVERY OF THE COURSE IS UNINTERRUPTED AND ERROR-FREE. HOWEVER, BM CANNOT GUARANTEE THAT YOUR USE WILL NOT BE SUSPENDED OR RESTRICTED FROM TIME TO TIME, INCLUDING TO ALLOW FOR REPAIRS, MAINTENANCE, OR UPDATES, ALTHOUGH, OF COURSE, BM WILL TRY TO LIMIT THE FREQUENCY AND DURATION OF SUSPENSION OR RESTRICTION.
ALL USE BY YOU OF THIS WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR AND FOR ALL RISK OR LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, SERVICES OR MATERIALS PROVIDED ON THIS WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THIS WEBSITE. YOU AGREE THAT BM AND THE PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO BM WILL NOT BE LIABLE FOR DAMAGES ARISING AFTER YOUR USE OR INABILITY TO USE THIS WEBSITE AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
THIS WEBSITE, ALL SERVICES PROVIDED BY BM, AND ANY BM SERVICES PROVIDED BY THIRD PARTY APPLICATION PLATFORMS ARE PROVIDED TO USERS “AS IS”. BM MAKES NO REPRESENTATIONS, WARRANTIES, OR UNDERTAKINGS THAT THIS WEBSITE, THE THIRD PARTY APPLICATION PLATFORMS, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS FROM THE USE OF OUR WEBSITE OR THIRD PARTY APPLICATION PLATFORMS, OR ON THE EFFECTIVENESS OF OUR SERVICES. BM ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORIZED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND ITS CONTROL, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS, AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS WEBSITE OR ANY THIRD PARTY APPLICATION PLATFORM. BM FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES PROVIDED HEREIN, INCLUDING ANY REPRESENTATION OR WARRANTIES AS TO THE EFFECTIVENESS OF OUR SERVICES. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF THE SERVICES, INFORMATION AND/OR MATERIALS ON THIS WEBSITE OR PROVIDED BY BM, INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ARBITRATION OF CLAIMS
EXCEPT FOR INJUNCTIVE RELIEF, AS A CONDITION OF YOUR USE OF BM’S WEBSITE AND SERVICES, YOU AGREE TO SUBMIT ANY CLAIMS TO ARBITRATION, INCLUDING ANY DISPUTES ARISING OUT OF OR RELATING TO ANY SERVICES PROVIDED TO YOU BY BM. ARBITRATION SHALL BE HELD IN CONNECTICUT BY A SINGLE-MEMBER PANEL, CHOSEN BY PARTIES, OF THE AMERICAN ARBITRATION ASSOCIATION, PURSUANT TO THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THAT WRITTEN NOTICE IS GIVEN OF SUCH DISPUTE OR CLAIM. YOU FURTHER AGREE THAT THE FEDERAL ARBITRATION ACT (FAA) SHALL SUPERSEDE AND OVERRIDE THE TEXAS ARBITRATION ACT (TAA) AND ANY OTHER STATE ARBITRATION ACT, AND ANY RULING BY THE ARBITRATION PANEL MAY BE SUBMITTED TO ANY STATE COURT OF COMPETENT JURISDICTION FOR ENFORCEMENT THEREOF. THE PREVAILING PARTY SHALL BE ENTITLED TO REIMBURSEMENT OF ITS ATTORNEYS’ FEES AND COSTS BY THE OTHER PARTY.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you represent and warrant to BM that you will not use any of its websites for any purpose that is unlawful or prohibited by these Terms.
AGE AND RESPONSIBILITY
You confirm that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your log-in information.
LINKS TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by parties other than BM. Such hyperlinks are provided for your reference only. BM does not control such websites and is not responsible for their contents, nor does BM control third party platform applications. The inclusion of hyperlinks on this website to such other websites does not imply any endorsement of the material on such websites, or any association with their operators, nor does BM represent that such third-party sites are the only or most appropriate source of the information you seek.
MODIFICATION OF THESE TERMS AND CONDITIONS
BM reserves the right to change these Terms as well as the contents of this website for any reason and without notice, and without liability to you, any other user, or any third party. This right shall not affect the Terms accepted by you upon making a legitimate reservation or purchase using this website. You should check these Terms for any changes each time you access the website.
GENERAL TERMS AND CONDITIONS
These Terms and your use of this website are governed by the laws of the United States of America and the State of Connecticut.
The services are to be performed, and/or are deemed to be performed, in Litchfield County, Connecticut and any dispute arising under or relating to use of the website or our services (whether in contract, tort, or both) shall be resolved in the courts located within the state of Connecticut or settled in arbitration in a seat held in Litchfield County, Connecticut. You hereby consent to submit to the exclusive personal jurisdiction of the courts within the State of Connecticut for all disputes arising out of or relating to the use of this website and/or the action or inaction of BM in the performance services, each time you access the website or use such services. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BM as a result of these Terms or your use of this website. BM’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BM’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by BM with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
These Terms constitute the entire agreement between you and BM with respect to this website and BM’s services supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and BM with respect to this website and its services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Although BM cannot monitor the conduct of its users offsite, it is a violation of these Terms to use any information obtained from this website in order to harass, abuse, or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
If at any time you believe that BM has not adhered to these principles, please notify us via email at [email protected] and we will use all commercially reasonable efforts to determine and correct the problem promptly.
Any questions, please contact BM at [email protected].