") is a legally binding contract between Bird Dog USA LLC ("Bird Dog
," or "our
") and you, as a Visitor (defined below) or Subscriber (defined below), and govern your use of birddoginvestigator.com, the Bird Dog iOS Application, and any other application or technology platform owned and operated by Bird Dog. Collectively, these resources will be referred to as "Sites
By clicking "Accept" or by using or accessing Sites and/or Services (defined below), you expressly agree to be bound by the terms, conditions, policies and guidelines of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SITES OR SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD SIGNED THIS DOCUMENT.
Please be advised: This Agreement contains provisions that govern how claims you and Bird Dog have against each other can be brought (see Section 21 below). These provisions will, with limited exception, require you to submit claims you have against Bird Dog to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
1. Bird Dog Sites and Services
Bird Dog, through its Sites, offers businesses and individuals access to field investigation collection and report writing software and related services, tools, features, activities and products available at or through birddoginvestigator.com or other Sites. Collectively, these resources will be referred to as "Services
" in this Agreement.
You may access the Sites or Services with an account as a Subscriber. While access to certain portions of the Sites and Services are free, Bird Dog reserves the right to charge fees for services, features and benefits associated with the Sites or Services at any time.
" refers to any individual or entity that accesses the Sites, whether or not such individual or entity uses or registers for Services. A "Subscriber
" refers to any individual or entity who pays for or otherwise uses any portion of the Services, in addition to accessing and using the Sites. Unless otherwise stated in this Agreement, Visitors and Subscribers are collectively referred to herein as "Users
" or "you
2. Modification to this Agreement
Bird Dog reserves the right to revise this Agreement, including information incorporated by reference or referenced in the hyperlinks, at its sole and absolute discretion, by updating this posting. The revised terms will take effect on the first day of the month following the date they are posted on the Sites. Continued use of the Sites or Services after any such changes shall constitute your consent to such modifications. Please review these posted terms on a regular basis.
We may from time to time introduce new features to a service or modify or delete existing features. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the modified terms of this Agreement, including any specific rules concerning those features.
Bird Dog reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Sites or Services. You agree that Bird Dog will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Sites or Services. You agree that Bird Dog may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Sites or Services.
The Services may only be used by businesses or individuals who can form legally binding contracts under applicable law. The Services are not available to children (persons under the age of 18) or Subscribers who have had their account temporarily or permanently deactivated. By becoming a Subscriber, you represent and warrant that you are at least 18 years old, if an individual, and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
4. Account Registration and Security
By registering for Services and creating an account, you (this includes any agent designated by you operating on your behalf) agree to provide us with complete and accurate information and to keep this information up to date. This information includes, but is not limited to, your email address, so that Bird Dog can associate the User's account with a certain Apple subscription.
Bird Dog recognizes the person who controls the registered email address as the sole owner of the account. You are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, the terms of this Agreement. You agree to immediately notify Bird Dog of any unauthorized use of your account or any breach of your account security.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account is being used in an unauthorized manner, you agree to contact Bird Dog within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to Bird Dog. Bird Dog is not responsible for the actions of any person that accesses the service through that email address or your account. Please note that you are responsible for any and all charges to your account and Bird Dog cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or Account.
5. Subscription Fees & Terms
Bird Dog offers subscription plans for its Services (each a "Plan
") through the iOS App Store. Each Plan includes a different set of Services that may be provided during the Subscription Period. Your "Subscription Period
" may be either monthly or annually depending on your selection.
You must select a Plan as part of your registration for Services, which may include a free trial period. Each Plan will have a Subscription Period based on the period chosen by you, and shall begin upon your first payment for the Services.
If you create an account to use the Sites and Services, you will be asked to choose a password for your account so your account information shall be protected by your password. You should not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or account.
Your fees will be determined by the Plan, Service, and Subscription Period you choose; therefore, fees will vary from each individual Subscriber ("Subscription Fees
"). You are responsible for the Subscription Fees for the entire Subscription Period chosen. Certain Plans may require a minimum Subscription Period. All Plans are specific to an individual email account and are not intended to be shared.
6. Billing Policies
You will be billed for the Plan by the iOS App Store in accordance with your chosen Subscription Period. (i.e., monthly or annually). Subscription Fees for your Plan are billed in advance for the relevant Subscription Period and are automatically deducted the day your subscription renews (see Section 11 for Term and Termination).
Bird Dog does not issue refunds for billed services. Prices for our Services may change at any time, and price protection or refunds in the event or a price reduction or promotion will not be offered. If a technical problem arises affecting application usage, the sole remedy is a refund of the price paid, as determined by Bird Dog or the iOS App Store.
7. Free Trial
Your subscription to certain Services may begin with a free trial in which you have access to the Sites and certain Services for a predetermined period set by Bird Dog ("Free Trial
"). At the conclusion of your Free Trial, you will lose access to certain Services, including, but not limited to, the ability to create a "Completed Report." A "Completed Report
" is defined as a Bird Dog-generated complete report (be it in PDF form or any other form).
Bird Dog reserves the right to modify, extend, shorten, cancel or limit the free trial period without notice at any time.
8. Changes in Subscription Fees
We reserve the right to change fees for the Sites and Services at any time or charge additional fees or costs.
Changes will be reflected in the first billing cycle that occurs more than thirty (30) days after we provide notice of our new fees or costs. If you have upgraded prior to this notice, you will be charged at the then-current rate.
9. Payment of Fees
As an express condition of using Bird Dog's Sites and Services, you agree to pay all Subscription Fees associated with your Plan, including any additional services, and any applicable taxes associated with your Plan and Services. You acknowledge that amounts billed may vary due to promotional offers, changes to account and Pricing structure and changes to associated taxes, and you authorize Bird Dog / Apple Store to bill you accordingly. You shall be responsible for all fees incurred under your account regardless of your awareness of such fees or the amounts thereof.
You acknowledge that Bird Dog reserves the right to terminate your access to Sites and Services for failure to pay fees associated with your Plan and Services.
Bird Dog does not send invoices to its customers. Instead, you have confidential access to your Account balance information through the iOS app store.
BIRD DOG'S SERVICES ARE PROVIDED ON A FREE OR PREPAID BASIS. YOU CAN PAY FOR THE FULL VERSION THROUGH THE iOS APP STORE. Bird Dog does not issue refunds for billed services. Prices for Bird Dog may change at any time, and price protection or refunds in the event of a price reduction or promotion will not be offered. If a technical problem arises affecting application usage the sole remedy is a refund of the price paid, as determined by us or the App Store.
11. Term and Termination of Services
At the end of your current Subscription Period, your Plan will automatically renew for a subscription equal to your prior Subscription Period unless you cancel your subscription at least 10 days prior to the date on which your subscription is set to renew. You can view details of your Plan, including pricing and the end date of your subscription period, by logging into your account on the iOS App Store.
Your Plan may be cancelled at any time either by: (1) providing Bird Dog with email notice (email@example.com) of your desire to cancel your subscription, and such request shall be processed within 30 days from the day of receipt; or (2) canceling your subscription through the iOS App Store.
Bird Dog is not obligated in any way to refund whole or part of your Subscription Fees in the event of termination of your Plan or Services. You will still have access to the Sites and Services you have paid for until the end of your Subscription Period. You may lose access prior to the end of your Subscription Period if your account is not in good standing or you violate any of the terms in this Agreement.
Bird Dog may terminate or limit your right to use the Sites and Services in the event that we are investigating or believe that you have breached any provision of this Agreement, by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
Bird Dog may, at its sole discretion, terminate your right to use the Sites and Services at any time, for any reason.
12. General Disclaimers
Bird Dog is not a private investigator, is not in the business of providing or supervising any type of investigation, and is not responsible in any way for the provision of services offered by Subscribers to their clients. Bird Dog is merely operating the Sites and Services that help Subscribers perform and report on investigations. Services are made available solely for this purpose.
SUBSCRIBERS ARE NOT INDEPENDENT CONTRACTORS, EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF BIRD DOG. BIRD DOG DOES NOT EMPLOY INDIVIDUALS TO PERFORM INVESTIGATIONS. USERS HEREBY ACKNOWLEDGE THAT BIRD DOG DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR SUBSCRIBERS' WORK, ACTIVITIES OR INVESTIGATIONS OR REPORTS, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND REPORTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
Users do not have authority to enter into written or oral contracts, whether implied or express, on behalf of Bird Dog.
BIRD DOG CANNOT GUARANTEE THE ACCURACY OF MATERIAL AND CONTENT PROVIDED THROUGH SITES AND SERVICES. USERS ARE SOLELY RESPONSIBLE FOR STORING OR BACKING UP ANY INFORMATION WHICH IS COLLECTED FOR OR ENTERED ON THE SITES. BIRD DOG DOES NOT MAINTAIN ANY SUCH INFORMATION FOR ITS USERS AND DISCLAIMS ANY LIABILITY FOR ANY LOST INFORMATION.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW REGULATION OR AN EXPRESS WRITTEN AGREEMENT BETWEEN YOU AND BIRD DOG, BIRD DOG DOES NOT GUARANTEE THE AVAILABILITY OF SITES OR SERVICES. FOR THOSE REASONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BIRD DOG DISCLAIMS ANY LIABILITY FOR ANY INACCURACIES OR ERRORS IN SITES, SERVICES, OR THE CONTENT PROVIDED RELATED TO SITES AND SERVICES.
13. Restricted Activities
With respect to your use of the Sites and Services, you agree that you will not:
- violate any law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Sites or the servers or networks connected to the Sites;
- post information or interact on the Sites in a manner which is fraudulent, libelous, abusive, obscene, profane, sexual in nature, harassing, or illegal;
- use the Sites or Services in any way that infringes any third party's rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites;
- "frame" or "mirror" any part of the Sites, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Sites or any software used on or for the Sites or Services;
- rent, lease, lend, sell, redistribute, license or sublicense the Sites or Services or access to any portion of the Sites or Services;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Sites or its contents;
- transfer or sell your account, Plan, password and/or identification to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or
- cause any third party to engage in the restricted activities above.
14. Bird Dog Intellectual Property
All intellectual property rights in the Sites shall be owned by Bird Dog absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Sites are the property of their respective owners.
We welcome your comments and feedback regarding the Sites and Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Bird Dog or otherwise (collectively, "Comments") are not confidential and will become and remain Bird Dog's property. The disclosure, submission or offer of any Comments will constitute an assignment to Bird Dog of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
If you believe, in good faith, that any materials on the Sites infringe upon your copyrights, please view Section 22 for information on how to make a copyright complaint.
15. User Generated Content
User generated content is any information you provide, publish or post to or through the Sites or send to your clients or otherwise. You are solely responsible for your user generated content and your interactions with your clients and other members of the public. Bird Dog offers a platform that acts as a report template for the collection and compiling of User content and does not maintain any records of such content. You grant Bird Dog the right to compile your content into a report that you can retain and/or transmit to your clients or otherwise. BIRD DOG DOES NOT RETAIN OR STORE ANY USER GENERATED CONTENT OR DATA. YOU ARE RESPONSIBLE FOR STORING OR BACKING UP ANY DATA OR REPORTS THAT YOU GENERATE USING BIRD DOG. You shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
16. Third Party Websites & Links
Third party websites ("Third Party Websites") refer to any reference or link to an external website, app, document, resource, quote, advice or recommendation not owned, operated or affiliated with Bird Dog or its subsidiaries.
The Services and Sites may contain links to Third Party Websites. Access and use of Third Party Websites is at your own risk, and Bird Dog is not responsible for the accuracy or reliability of any information, data, opinions, statements or advice on Third Party Websites that you access from Sites or Services. Third Party Websites are not controlled, owned or operated by Bird Dog, and Bird Dog is not liable for any damage or losses caused or alleged to be caused by or in connection with reliance or use of any Third Party Website. Any external links to Third Party Websites does not imply an endorsement or recommendation in any way.
17. iOS App Store
This section applies to any version of the Sites that you acquire from the iOS App Store. This Agreement is entered into between you and Bird Dog. Apple Inc. is not a party to this Agreement and has no obligations with respect to the Sites or Services. Bird Dog, not the iOS App Store, is solely responsible for the Sites and the content thereof as set forth hereunder.
18. User Indemnification
You acknowledge and agree to indemnify and hold Bird Dog, its affiliates, and their respective directors, officers, agents, partners, subsidiaries 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 (a) any content appearing or published on your website or otherwise distributed to your client or otherwise, (b) your participation in the Sites or Services, (c) any violation of this Agreement by you or any third party using your account, (d) the violation, infringement or misappropriation by you, or any third party using your account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (e) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
19. Liability Limitations
NEITHER BIRD DOG NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES OR SERVICES, ANY LOSS OF DATA OR CONTENT THAT YOU MAY INCUR OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITES OR SERVICES. BIRD DOG IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE BIRD DOG, SITES, SERVICES OR ANY MATERIALS ON THE SITES OR SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SITES OR SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
20. Bird Dog Warranties, Limitations & Representations
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO, ALL CONTENTS AND ALL PRODUCTS AND ADDITIONAL SERVICES ARE PROVIDED ON AN 'AS IS
' BASIS. BIRD DOG DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIRD DOG DOES NOT WARRANT THAT YOUR USE OF THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITES, SERVICES, OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH BIRD DOG ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITES OR SERVICES. YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN DATA AND CONTENT AS BIRD DOG DOES NOT IN ANY MANNER RETAIN OR STORE SUCH DATA AND CONTENT.
YOU AND BIRD DOG MUTUALLY AGREE TO WAIVE RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, AS SET FORTH BELOW.
Except where prohibited, by accessing or using the Sites or Services, you agree that any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Agreement shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in the State of Delaware, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be within 60 miles of Wilmington, Delaware. The arbitration shall be governed by the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules of the State of Delaware or of any other jurisdiction.
22. Copyright Complaint
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), Bird Dog will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is: firstname.lastname@example.org.
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work's copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Bird Dog will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
No waiver by Bird Dog of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bird Dog to assert a right or provision under this Agreements shall not constitute a waiver of such right or provision.
If any provision of this Agreement held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement.
Except as provided in Section 21, this Agreement shall be governed by the laws of the State of Delaware without regard to choice of law principles. This choice of law provision is only intended to specify the use of Delaware law to interpret this Agreement and is not intended to create any other substantive right to non-Delaware residents to assert claims under Delaware law whether by statute, common law, or otherwise.
Bird Dog shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of Bird Dog.
This Agreement constitutes the sole and entire agreement between you and Bird Dog and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites or Services.
If you have any questions regarding this Agreement, the Sites, or Services, please contact email@example.com.