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Terms of Service
The following are terms of a legal agreement between you and BirdEase Systems Inc. which operates online as BirdEasePro.com and BirdEaseSystems.com. By accessing, logging in to, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms. You may be required to check a box indicating your assent to these terms. If you do not agree to these terms, please do not use this Web site. "Services" pertains to any action, result, or outcome generated by your use of BirdEase Systems Inc.'s Web Sites.

Terms of Service Effective Date: January 1, 2010


Overview

BirdEase Systems Inc. may, without prior notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. When we post changes to these Terms of Use, we will revise the "Terms of Use Effective Date" at the end of this paragraph. All amended terms automatically take effect as of the current "Terms of Use Effective Date". BirdEase Systems Inc. may also make improvements or changes in the products, services, or programs of Web Sites at any time without notice. Notices to you may be made via either email, regular mail, or by notifications on this Web site. BirdEase Systems Inc. may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the site. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this site. The materials and services at this site may be out of date, and BirdEase Systems Inc. makes no commitment to update the materials and services at this site.

General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.

This site and all Content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without BirdEase Systems Inc.'s prior written consent, except that BirdEase Systems Inc. grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal use of this Web site. This permission is conditioned on your not modifying the Content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. “Content” includes, without limitation, all information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on this Web site.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, BirdEase Systems Inc. does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

Copyrights, Trademarks and Service Marks

Unless otherwise noted, all Content and other materials on this Web site and in the Software (this Web site and Software sometimes collectively referred to as "Services") are protected as the copyrights, trademarks and/or other intellectual properties owned by BirdEase Systems Inc.. The Content and Services are copyrighted and any unauthorized use of the Content and the Services may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations ("Marks") found on the Web site and in the Software. By making these Marks available on this site and in the Software, BirdEase Systems Inc. is not granting you a license to use them in any fashion. Access to the Services does not confer upon you any license under any of BirdEase Systems Inc.'s intellectual property rights. Use of BirdEase Systems Inc.'s proprietary logos, service marks, trademarks, slogans and product designations found on this Web site and in the Software by users is restricted as set forth in the Terms of Use.

BirdEase Systems Inc.'s trademarks may be used publicly only with prior written permission from BirdEase Systems Inc.. Fair use of BirdEase Systems Inc.'s trademarks in advertising and promotion of BirdEase Systems Inc.'s products and services requires proper acknowledgment. No BirdEase Systems Inc. trademark or service mark may be used as a hyperlink without BirdEase Systems Inc.'s prior written permission. Other trademarks that may appear in connection with the Services may be owned by third-parties and used with the permission of the third-parties. You also agree not to use those trademarks without the permission of their respective owners.

The various Marks used in connection with the Services represent some of the Marks currently owned or controlled by BirdEase Systems Inc. or under license to BirdEase Systems Inc.. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all BirdEase Systems Inc. worldwide proprietary ownership rights, and BirdEase Systems Inc. may own or control other proprietary rights in one or more countries outside of the United States.

User Submissions

Your use of the Services may result in your sending of various types of information to BirdEase Systems Inc.. BirdEase Systems Inc.'s handling of such information is governed by the BirdEase Systems Inc. Privacy Statement to which you agree when you accept these Terms of Use. If you do not accept the Privacy Statement or these Terms of Use, do not use the Services. BirdEase Systems Inc. reserves the right to disclose, read, access, and preserve any information received from you by your using the Services as BirdEase Systems Inc. reasonably believes is necessary to (i) enforce these Terms of Use; (ii) prevent, deter, or defend against any type of fraud or misrepresentation; (iii) comply with applicable law; (iv) provide customer support; and (v) protect the property and other rights of BirdEase Systems Inc., its employees, and its customers and clients.

BirdEase Systems Inc. does not solicit, but may accept, any product or process ideas, innovations suggestions, improvements or other user submissions, with the understanding that all remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications, including Requests for Proposal you transmit or post to the Web site and/or to BirdEase Systems Inc. using the Services (together, the "Communications") are assigned to, and will forever be the property of, BirdEase Systems Inc. without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the BirdEase Systems Inc. Privacy Statement, any Communications will be considered non-confidential and non-proprietary. BirdEase Systems Inc. will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future BirdEase Systems Inc. operations. BirdEase Systems Inc. will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to BirdEase Systems Inc., you hereby grant BirdEase Systems Inc. an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that BirdEase Systems Inc. is free to use any ideas, concepts, know-how or techniques that you send BirdEase Systems Inc. for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.

You are prohibited from using the Services to post, transmit, communicate, and/or deliver, to BirdEase Systems Inc. or other users, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

Certain Disclaimers

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. BirdEase Systems Inc. assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

BirdEase Systems Inc. provides no assurances that any reported problems will be resolved by BirdEase Systems Inc., even if BirdEase Systems Inc. elects to provide information with the goal of addressing a problem.

Global Availability

Information BirdEase Systems Inc. publishes on the World Wide Web may contain references or cross references to BirdEase Systems Inc. products, programs and services that are not announced or available in your country. Such references do not imply that BirdEase Systems Inc. intends to announce or make available such products, programs, or services in your country. Please consult a BirdEase Systems Inc. business contact for information regarding the products, programs, and services that may be available to you.

Business Relationships

This Web site may provide links or references to non-BirdEase Systems Inc. Web sites and resources. BirdEase Systems Inc. makes no representations, warranties, or other commitments whatsoever about any non- BirdEase Systems Inc. Web sites or third-party resources that may be referenced, accessible from, or linked to any BirdEase Systems Inc. Web site. A link to a non-BirdEase Systems Inc. Web site does not mean that BirdEase Systems Inc. endorses the content or use of such Web site or its owner. In addition, BirdEase Systems Inc. is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a BirdEase Systems Inc. Web site. Accordingly, you acknowledge and agree that BirdEase Systems Inc. is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-BirdEase Systems Inc. Web site, even one that may contain the BirdEase Systems Inc. Web Sites'-logos, please understand that it is independent from BirdEase Systems Inc., and that BirdEase Systems Inc. does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to This Site

All links to this Web site must be approved in writing by BirdEase Systems Inc., except that BirdEase Systems Inc. consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with BirdEase Systems Inc.; (c) imply that BirdEase Systems Inc. approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about BirdEase Systems Inc. or otherwise damage the goodwill associated with the BirdEase Systems Inc. name or copyrights. As a further condition to being permitted to link to this site, you agree that BirdEase Systems Inc. may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any BirdEase Systems Inc. property.

Translations

Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and BirdEase Systems Inc. makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

Disclaimer of Warranty

Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided "as is," with no warranties or guarantees whatsoever. Birdease systems llc expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and noninfringement of intellectual property. Without limitation, birdease systems llc makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of the services. Information published at this web site may refer to products, programs or services that are not available in your geographic location. The information presented on this web site or broadcast from this web site with software by birdease systems llc from birdease systems llc publications, writings and/or third party books or writings is for information purposes only and is not meant to serve as a substitute for professional legal or financial advice which should be obtained through consultation with appropriate professionals in your state. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

Limitation of Liability

In no event will birdease systems llc be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this web site or any use of this web site, or of any site or resource linked to, referenced, or accessed through this web site, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if birdease systems llc is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories. This waiver also precedes and overrides any contract or agreement that may be derived, signed, or agreed upon with any contracting clients or business partners of birdease systems llc throughout the course of securing jobs or doing any type of business whatsoever.

Additional Terms

Applicable Laws. BirdEase Systems Inc. from its offices within the United States of America controls the Services. BirdEase Systems Inc. makes no representation that the Content in the Services is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Arbitration. These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of New Hampshire. By using the Services, and agreeing to the Terms of Use, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in New Hampshire.

Termination. BirdEase Systems Inc. in its sole discretion, may terminate or restrict your use or access to this Web site (or any part thereof) for any reason, including, without limitation, if BirdEase Systems Inc. believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of the Terms of Use. Upon termination, you will immediately destroy any copies of Content of the Services, whether in printed or software format.

Waiver. BirdEase Systems Inc. failure to enforce any part of these Terms of Use shall not constitute a waiver of any of BirdEase Systems Inc. rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by BirdEase Systems Inc. nor the reliance of any person on BirdEase Systems Inc.'s actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of BirdEase Systems Inc. may only provide a legal waiver.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.