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 Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this site. The materials and services at this site may be out of date, and BirdEase Systems Inc. makes no commitment to update the materials and services at this site.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 Inc. 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 Inc. 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 Inc. from Birdease Systems Inc. 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 Inc. 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 Inc. 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 Inc. throughout the course of securing jobs or doing any type of business whatsoever.

BirdEase Payments

BirdEase offers payments through WePay, Inc. ("WePay"), a third-party payment processor. In order for you to use WePay's payment processing services, you must register with WePay as a merchant. The WePay Terms of Service explain that process and are available here: https://go.wepay.com/terms-of-service-us. The WePay Privacy Policy is available here: https://go.wepay.com/privacy-policy-us. By accepting this agreement with BirdEase, you agree that you have reviewed the WePay Terms of Service and Privacy Policy for the country in which you are located and agree to them. If you have questions regarding the WePay Terms of Service or Privacy Policy, please refer to the WePay website at www.wepay.com or contact WePay at https://support.wepay.com/hc/en-us.

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.

BirdEase Systems Inc. Privacy Policy
This Privacy Statement applies to BirdEase Systems Inc. which operates online as BirdEasePro.com and BirdEaseSystems.com. This privacy statement governs personal information we collect from our customers and online at our Web Sites, including BirdEasePro.com and BirdEaseSystems.com ("Web Site(s)"), from our Web Site users ("you"), through BirdEase Systems Inc. products, services, software, Web Sites, contacts and/or relationship with you. This privacy statement also does not apply to the web sites of our business partners or to any other third parties, even if their web sites are linked to our Web Site. We recommend you review the privacy statements of the other parties with whom you interact. For the purposes of this privacy statement, "Business partners" means any contracting client, subcontractor, vendor or other entity with whom we have an ongoing business relationship to do business, provide products, services, or information. "Personal information" means information that you choose to submit to us and that identifies you, such as your name, telephone number, address, e-mail address, photographs and other information discussed in this Privacy Statement. If you do not accept any of the terms of this Privacy Statement, do not access this Web Site or any associated services.

Privacy Policy Effective Date: January 1, 2010


Information We Collect

We may ask you to provide personal information when you; Use our Web Site; Request quotes, services, support, or information; Place orders for products or services; Subscribe to newsletters, promotional emails, or other materials;

Information we may request from our customers includes your company information, e-mail address, name, contact address, and telephone number.

We may collect information about your visits to our Web Sites, including the pages you view, the links you click, search terms you enter, and other actions you take in connection with the BirdEase Systems Web Sites and services. We may also collect certain information from the browser you used to come to our Web Site, such as your Internet Protocol (IP) address, browser type and language, access times, the Uniform Resource Locator (URL) of the web site that referred you to our Web Site and to which URL you browse away from our site if you click on a link on our site.

In order to offer you a more consistent and personalized experience in your interactions with BirdEase Systems Inc., information collected through one source may be combined with information obtained through other BirdEase Systems Inc. resources. We may also supplement the information we collect with information obtained from other parties as well.

Use of Personal Information

BirdEase Systems Inc. uses your personal information to: Deliver the services and support or carry out the transactions you have requested. Send communications to you, such as your transactions status (for example, order confirmations), information about products and services available from BirdEase Systems Inc. and its Business partners, promotional offers, and surveys. Customize, analyze, and improve our products, services (including our Web Site), technologies, communications and relationship with you. We do not sell or rent your personal information to third parties for their own marketing purposes without your consent.

Please understand that the personal information we collect and other information you submit is stored and processed on computers in the United States. The laws on collection, holding and/or processing of personal data in the United States may be different (e.g., more/less stringent) than the laws of your country.

Disclosure of Personal Information

We may share your personal information with business partners and affiliates to carry out transactions you request or to make our business or that of our business partners more responsive to your needs. We may also disclose your personal information in connection with law enforcement, fraud prevention, or other legal action; as required by law or regulation; or if BirdEase Systems Inc. reasonably believes it is necessary to protect BirdEase Systems Inc., its customers or the public. In addition, we may share your personal information with business partners that help BirdEase Systems Inc. carry out transactions you request or that help BirdEase Systems Inc. to customize, analyze and/or improve our communication or relationship with you, and then only with business partners who share BirdEase Systems Inc.'s commitment to protecting your personal information. We will not disclose your personal information to third parties for their marketing purposes, without your consent.

Accessing Your Information

BirdEase Systems Inc. wants to help you keep your personal information accurate. We provide facilities to review and edit your personal information that has been stored online. For the security of your account, you will be required to sign in with your login ID and password.

Security of Your Personal Information

BirdEase Systems Inc. is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure, such as encryption, passwords, physical security, etc. While we take reasonable measures to protect your personal information, BirdEase Systems Inc. cannot ensure or warrant that the personal information or private communications you transmit to us will always remain private, and you make such transmissions at your own risk. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.

Cookies

BirdEase Systems Inc. Web Sites use "cookies" to enable you to sign in to our services and to help personalize your online experience. We use cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to these Web Sites.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of BirdEase Systems Inc. Web Sites and services that depend on cookies.

Third-Party Web sites and Services

Please be aware that other websites that may be accessed through our Web Site may collect personally identifiable information about you. The information practices of those third-party websites linked to BirdEase Systems Inc. Web Sites are not covered by this privacy statement. We generally use a special symbol to mark links that go to third-party sites, and we encourage you to review the privacy policies associated with the third-party sites.

Changes to Our Privacy Policy

We will occasionally update this Privacy Policy. Information may be changed or updated without notice. BirdEase Systems Inc. assumes no responsibility regarding the accuracy of the information that is provided herein and use of such information is at the recipient's own risk. By furnishing information, BirdEase Systems Inc. does not grant any licenses to any copyrights, patents, or any other intellectual property rights that are the property of BirdEase Systems Inc.. When we post changes to this Privacy Policy, we will revise the "Privacy Policy Effective Date" at the end of this paragraph. We encourage you to periodically review this statement to be informed of how BirdEase Systems Inc. is protecting your personal information. All amended terms automatically take effect as of the current "Privacy Policy Effective Date" posted on the Web Site in this section of the Privacy Policy.

Your California Privacy Rights

California legislation requires that certain disclosures be made available to California residents who provide information over the Internet that is used for direct marketing purposes. Specifically, any business that discloses a customer's personally identifiable information to a third party for direct marketing purposes is required to provide a method for the customer to obtain the names, addresses, and certain other information for such third parties. If you are a California resident you may request this information from us by writing to us at the email address shown below. We are not obligated to respond to more than one such request per customer per calendar year.