Date of last revision: October 16, 2017
You may not use this Site if you are not of legal age. If you are under 18 years old, you must leave this Site immediately.
BirdsOnTheBrink.com reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. Use of the Site after such changes constitutes acceptance of such changes.
2) Use of the Site
You may not use this Site for any purpose that is unlawful or prohibited by this TOU, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that BirdsOnTheBrink.com has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
3) Third Party Sites and Services
This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. BirdsOnTheBrink.com has no control over sites that are not ours, and BirdsOnTheBrink.com is not responsible for any changes to or content on them. BirdsOnTheBrink.com assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party websites. Statements made on third-party websites linked to or from this Site reflect only the views of their authors and not of BirdsOnTheBrink.com. The inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
4) Disclaimer of Warranties
a) BIRDSONTHEBRINK.COM DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE AND ANY DATA ACCESSED WHILE USING THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL CONTENTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
b) BIRDSONTHEBRINK.COM DOES NOT WARRANT THAT THE SITE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. BIRDSONTHEBRINK.COM IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE.
c) BIRDSONTHEBRINK.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR TOOLBAR IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE BIRDSONTHEBRINK.COM MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT BIRDSONTHEBRINK.COM. BIRDSONTHEBRINK.COM UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
d) BIRDSONTHEBRINK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ANY DATA ACCESSED WHILE USING THE SITE, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, ANY DATA ACCESSED WHILE USING THE SITE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5) Limitation of Liability
a) BIRDSONTHEBRINK.COM IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED BIRDSONTHEBRINK.COM IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
b) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 4 AND 5. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 4 AND 5 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 7(e) (SEVERABILITY) BELOW WILL APPLY.
You will defend, indemnify and hold BirdsOnTheBrink.com harmless from any claim or demand, including attorney fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of this TOU, your violation of applicable laws, or your violation of any rights of another person or entity.
b) Governing Law; Jurisdiction; Attorneys Fees. This Site (excluding linked sites) is controlled by us from our office in Georgia, United States of America. It can be accessed from all 50 states of the United States and from all around the world. As each of these jurisdictions has laws and regulations that may differ from those of Georgia, by accessing this Site you and BirdsOnTheBrink.com agree that the laws of Georgia (expect for conflicts of law principles) will apply to all matters relating to use of this Site. Exclusive jurisdiction must lie with the courts of Georgia for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of BirdsOnTheBrink.com and you, including tort claims, the prevailing party will be entitled to attorney’s fees and costs.
c) Time to Bring a Claim. Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to the Site, or the use of the Site, must be filed within one year after such claim or cause of action arose.
d) English Language Controls. This English language TOU is BirdsOnTheBrink.com official agreement with users of this Site. In case of any inconsistency between this English language TOU and its translation into another language, this English language document controls.
e) Severability. If a provision of this TOU is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this TOU must not be affected or impaired.
f) Waiver. No failure or delay on the part of BirdsOnTheBrink.com in exercising any right, power or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under this TOU.
If you have questions about this TOU or want to contact us, please contact us via our Contact page.