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Terms of Service for
Earlybird Software (
Last revised as committed (v0.1.1)
Welcome to EARLYBIRD.CO, the Birdfeud LLC ("Earlybird Software") company website (the "Site"). This Terms of Service
Agreement (this "Agreement" or these "Terms") applies to those who visit and/or use the Site ("You", individually, or
"Users", referenced collectively). This Agreement was last revised as of the timestamp of its latest publication ("commit")
as a version-controlled public note ("Gist") on the third-party source platform GitHub (
PLEASE READ THIS AGREEMENT: By viewing, browsing, and/or otherwise using this Site, you are acknowledging that you have
read and understand this Agreement and hereby agree to be bound by these Terms. Your authorization from Earlybird Software
to use this Site and its services is contingent upon your complete acceptance of the terms and conditions outlined herein.
Please do not use this Site and disconnect immediately if you do not wish to consent to these Terms in full.
NOTE TO CHILDREN: This Site is not intended for persons under the age of thirteen (13). If you are under thirteen (13)
years of age, please do not use this Site, unless under the informed supervision of a parent or guardian.
PRIVACY POLICY: The Earlybird Software Privacy Policy, found at is hereby incorporated
into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your
personal data and related information.
INDIVIDUAL NOTICES: When using the Site, you will be subject to additional posted guidelines and/or rules applicable to
specific services, offers, and features that may be posted from time to time ("Guidelines"). All such Guidelines are hereby
incorporated by reference into this Agreement. Please note that separate terms and conditions may apply to media, contests,
competitions, or services provided through one of more of our partners or associates, and you should refer to the provider
of those particular products or services for the complete terms of their use.
MODIFICATION: We reserve the right, at our discretion, to add, modify, or remove portions of this Agreement at any time.
OWNERSHIP: This Site is owned and operated by BIRDFEUD LLC DBA EARLYBIRD SOFTWARE, an Illinois limited liability company
principally located at 218 S Wabash Ave, Suite 280 in Chicago, IL (60604). All original web content, visual interfacing,
digital assets (files, graphics), custom source code (including data models and database architectures), and any other
elements of the Site provided by Earlybird Software through this Site ("Company Materials") are protected by applicable
United States copyright, trade dress, patent, and trademark laws, as well as relevant international conventions governing
intellectual property and proprietary rights. The Company Materials contained on the Site, along with all trademarks,
service marks, and trade names are the copyrighted property of Earlybird Software and/or its subsidiaries, affiliated
companies (such as clients or vendors), or third-party and/or open-source licensors. Except as expressly authorized by
Earlybird Software, you agree not to sell, license, distribute, copy, modify, publicly perform, publicly display, transmit,
publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Company Materials.
1. As a condition of your use of the Site, you shall not use the Site for any purpose that is unlawful or
prohibited by this Agreement. Access to the Company Materials and the Site from jurisdictions where their contents are
illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including
(but not limited to) rules about intellectual property rights, the internet, technology, data, email, and/or privacy.
2. You shall not use the Site in any manner that (in the sole discretion of Earlybird Software) could damage, disable,
overburden, or impair the Site from operating as intended.
3. You shall not use the Site in any manner that (in the sole discretion of Earlybird Software) could potentially
interfere with the ability of another User to use the Site as intended, by any means, including uploading or otherwise
disseminating virses, worms, or other malicious code. You may not remove, circumvent, disable, damage, or otherwise
interfere with any security-related features of the Site. You may not remove, circumvent, disable, damage or otherwise
interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any
content accessible through the Site, or features that enforce limitations on the use of the Site. You may not attempt to
gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the
Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the
proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through the Site. You agree neither to modify the Site in
any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining
unauthorized access to the Site.
4. This Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler or
other automated means to access the Site for any purpose without our express written permission or bypass our robot
exclusion headers or other measures we may use to prevent or restrict access to the Site.
5. You may not utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express
written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without
our express written consent.
6. You may not deep-link to the Site and will promptly remove any links that Company finds objectionable in its sole
discretion. You may not use any Earlybird Software logos, brand identity marks, and/or other protected trademarks as part
of the link without our express consent.
7. You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional
materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements,
charity requests, and petitions for signatures.
INFORMATION: You agree that any information you provide to Earlybird Software in connection with the Site will be true,
accurate, current, and complete.
COMMUNICATIONS: Under this Agreement, you consent to receive communications from Company electronically. We will
communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and
other communications that we provide to you electronically satisfy any legal requirement that such communications be in
writing. Please email any questions arising from this Agreement to with the subject line "Website Terms
of Service Inquiry" and a brief description of your question or comment.
AVAILABILITY: Earlybird Software may make changes to and/or discontinue any of the content or services delivered by the
Site at any time, without prior notice. The media, products, or services on this Site may be out-of-date, and Earlybird
Software makes no commitment to update the Company Materials on the Site.
NOTICE: Except as explicitly stated otherwise, legal notices shall be served on Earlybird Software's national registered
agent or to the email address you provide to Company during the registration process. Notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you
legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be
deemed given three days after the date of mailing.
VIOLATIONS: You agree that Earlybird Software (in its sole discretion) may terminate any User account, connection, and/or
session you may have with the Site or through your use of the Site, at any time, with or without reason or cause. Earlybird
Software may also (in its sole discretion) and at any time discontinue providing access to the Site, or any part thereof,
with or without notice. You agree that any termination of your access to the Site or any account you may have or portion
thereof may be effected without prior notice, and you agree that Company shall not be liable to you or any third-party for
any such termination. Earlybird Software does not permit copyright infringing activities on the Site, and reserves the
right to terminate access to the Site, and remove all content submitted, by any persons who are found to be repeat
infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the
Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies
Earlybird Software may have at law or in equity.
NO WARRANTIES: The Site and any third-party media, software, services, and/or other applications made available in
conjuction with and/or through the Site are provided "AS IS" and without warranties of any kind, either expressed or
implied. To the fullest extent permissable persuant to applicable law, Earlybird Software, along with its suppliers,
partners, and contracted associates, disclaim all warranties, express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Earlybird
Software does not warrant that the features contained within this Site will be uninterrupted or error-free, that defects
will be corrected, or that the Site and its underlying technology infrastructures are free of malicious and/or harmful
software components or scripted functions. Earlybird Software does not warrant and/or make any representations regarding
the results of the use of the Site in terms of the correctness, accuracy, reliability, or recency of its output and/or
publicly viewable information. You (and not Earlybird Software or its suppliers, partners, or contracted associates) assume
the entire cost of any necessary servicing, repair, or correction. You understand and agree that you access, download,
and/or otherwise obtain media, Company Materials, and/or other data through the use of the Site at your own discretion and
risk and that you will be solely responsible for any damage to your computer system and/or resulting data loss. Certain
state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you,
some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION: You agree to indemnify and hold Earlybird Software (along with its affiliated companies, suppliers,
vendors, and contracted associates) harmless from any claims, losses, damages, and liabilities, including (but not limited
to) legal fees arising from your use or misuse of the Site, violations of this Agreement, or any breach of the foregoing
representations, warranties, and convenants. Earlybird reserves the right, at our own expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of
these claims.
LIMITATION OF LIABILITY AND DAMAGES: Under no circumstances, including (but not limited to) negligence, shall Earlybird
Software or its affiliates, contractors, employees, agents, or third-party partners or suppliers, be liable to you for any
special, indirect, incidental, consequential, or exemplary damages that result from your use, misuse, and/or inability to
use Company Materials on the Site, the Site itself, and/or systems directly dependent upon the Site. Void where prohibited.
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You
agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in
the State or Federal courts in and for Cook County, Illinois and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action.
WAIVER: A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the
benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement
shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision
of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this
SEVERABILITY: If any provision of this Agreement shall be unlawful, void, or (for any reason) unenforceable, then that
provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any
remaining provisions.
ENTIRE AGREEMENT: This is the entire agreement between us relating to the subject matter herein and shall not be modified
except in another written agreement (signed by both parties) or by a change or this Agreement or Guidelines made by
Earlybird Software as set forth above.
CLAIMS: You and Earlybird Software agree that any cause of action arising out of or related to this Agreement or the Site
must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred
and you hereby release Earlybird Software of all such claims arising from such cause of action.
(312) 834-7242
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