Terms of Service

Date Last Updated: June 23, 2024.

The Birdie Promotions Magazine website, located at www.birdiepromotionsmagazine.com (the “Site”), is a copyrighted work belonging to Birdie Promotions and Multimedia LLC, (herein, “Birdie Promotions”). Birdie Promotions Magazine (collectively, with all other services provided through the Site, the “Services”).

 

References herein to “we,” “us,” or “our” refer to Birdie Promotions Magazine.

These Terms of Service (the “Agreement”) apply to all persons using the Site, and herein references to “you” and “your” refer to any person using or accessing the Site.

The terms of this Agreement supersede any and all prior oral or written understandings or agreements between Birdie Promotions Magazine and you in relation to the access to and use of the Site.

 

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT ABOVE THE AGE OF EIGHTEEN (18) YEARS. IF YOU DO NOT AGREE WITH ALL THE PROVISIONS OF THIS AGREEMENT, YOU AGREE TO EXIT THE SITE IMMEDIATELY AND REFRAIN FROM ACCESSING AND/OR USING THE SITE OR SERVICES.

 

YOUR ACCESS TO AND USE OF THE SITE OR SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH BIRDIE PROMOTIONS MAGAZINE’S PRIVACY POLICY. PLEASE REVIEW BIRDIE PROMOTIONS MAGAZINE’S PRIVACY POLICY, LOCATED AT https://birdiepromotionsmagazine.com/privacy-policy, CAREFULLY BEFORE USING THE SITE OR SERVICES. THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THIS AGREEMENT.

 

ACCOUNTS

 

Account Creation.  While not required to access the Site, you may register for an account with Birdie Promotions Magazine ("Birdie Promotions Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement. You may delete your Birdie Promotions Magazine Account at any time, for any reason, by contacting Birdie Promotions Magazine. For questions, please contact us via the “Contact Us” page on the Site. Birdie Promotions may suspend or terminate your Birdie Promotions Magazine Account in accordance with Term and Termination.

 

You may not register more than one (1) Birdie Promotions Magazine Account unless Birdie Promotions Magazine authorizes you to do so in writing. You may not assign or otherwise transfer your Birdie Promotions Magazine Account to another party without Birdie Promotions Magazine’s authorization in writing.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Account Responsibilities. You are responsible for maintaining the confidentiality of your Birdie Promotions Magazine Account login information and are fully responsible for all activities that occur under your Birdie Promotions Magazine Account. You agree to use the Site consistent with these Terms and shall not disclose your password to any unauthorized person. You shall be fully responsible for maintaining confidentiality of account access information and for all You agree to immediately notify Birdie Promotions Magazine of any unauthorized use, or suspected unauthorized use of your Birdie Promotions Magazine Account or any other breach of security. Birdie Promotions Magazine is not liable for any loss or damage in connection with your Birdie Promotions Magazine Account or arising from your failure to comply with the above requirements. Birdie Promotions Magazine will only protect your Birdie Promotions Magazine Account information in accordance with the Privacy Policy.

 

Site User License. Subject to the terms of this Agreement, Birdie Promotions Magazine grants you a non-transferable, non-exclusive, single user license to use the Site and Services solely for your personal use.

 

Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services (provided that the foregoing restriction does not apply to your personal use); (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means or “frame” or “mirror” the Site on any other server or wireless or Internet-based device. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.

 

Modification. Birdie Promotions Magazine reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. Birdie Promotions Magazine is not liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

 

Ownership. Excluding your User Content (defined below) and User Content of others, you acknowledge that the Site, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, models, computer programs and other material and information contained on, or utilized in the provision of, the Site, is the property of Birdie Promotions Magazine and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services (excluding any User Content) are owned by Birdie Promotions Magazine or Birdie Promotions Magazine’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Birdie Promotions Magazine and its suppliers reserve all rights not granted in this Agreement.

 

USER CONTENT

 

User Content. “User Content” of a Site user means any and all information and content that such user submits to, or uses with, the Site or Services (e.g., content in the user’s profile or forum post). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Birdie Promotions Magazine. Because you alone are responsible for your User Content (and not Birdie Promotions Magazine), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Birdie Promotions Magazine is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. We will protect User Content in accordance with the Privacy Policy.

 

License. By using your User Content with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Birdie Promotions Magazine an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

 

Feedback. If you provide Birdie Promotions Magazine any feedback or suggestions regarding the use, operation, functionality, or characteristic of the Site or Services (“Feedback”), you hereby assign to Birdie Promotions Magazine all rights in the Feedback and agree that Birdie Promotions Magazine shall have the right to use such Feedback and related information in any manner it deems appropriate. Birdie Promotions Magazine will treat any Feedback you provide to Birdie Promotions Magazine as non-confidential and non-proprietary. You agree that you will not submit to Birdie Promotions Magazine any information or ideas that you consider to be confidential or proprietary.

 

ACCEPTABLE USE POLICY.

 

THE FOLLOWING SETS FORTH BIRDIE PROMOTIONS MAGAZINE’S “ACCEPTABLE USE POLICY”:

 

You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to (i) the Site or Services or (ii) other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site or Services.

 

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Birdie Promotions Magazine Account in accordance with the Term and Termination Section, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information we consider necessary or appropriate, including your Birdie Promotions Magazine Account username and password, IP address and traffic information, usage history, and your User Content.

 

INDEMNITY.

 

YOU AGREE TO INDEMNIFY AND HOLD BIRDIE PROMOTIONS AND MULTIMEDIA LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, ITS SUPPLIERS, LICENSORS AND PARTNERS, AND THE MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF EACH OF THEM HARMLESS, INCLUDING COSTS AND REASONABLE ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR USE OF THE SITE OR SERVICES, (II) YOUR USER CONTENT, AND/OR (III) YOUR VIOLATION OF THIS AGREEMENT. BIRDIE PROMOTIONS MAGAZINE RESERVES THE RIGHT, AT YOUR 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. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF BIRDIE PROMOTIONS MAGAZINE. BIRDIE PROMOTIONS MAGAZINE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

 

THIRD PARTY SITES & ADS; OTHER USERS

 

Third Party Sites & Ads. The Site may contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Birdie Promotions Magazine and Birdie Promotions Magazine is not responsible for any Third Party Sites & Ads. Birdie Promotions Magazine provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You agree to make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

 

Other Users. Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Birdie Promotions will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

 

Release. You hereby release and forever discharge Birdie Promotions And Multimedia LLC, Birdie Promotions and our officers, employees, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

DISCLAIMERS

 

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION ON LIABILITY

 

IN NO EVENT SHALL BIRDIE PROMOTIONS AND MULTIMEDIA LLC (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BIRDIE PROMOTIONS IN THE PRIOR 12 MONTHS (IF ANY).

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

TERM AND TERMINATION

 

SUBJECT TO THIS SECTION, THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITE OR SERVICES. WE MAY (A) SUSPEND YOUR RIGHTS TO USE THE SITE AND/OR SERVICES (INCLUDING YOUR BIRDIE PROMOTIONS ACCOUNT) OR (B) TERMINATE THIS AGREEMENT, AT ANY TIME FOR ANY REASON AT OUR SOLE DISCRETION, INCLUDING FOR ANY USE OF THE SITE OR SERVICES IN VIOLATION OF THIS AGREEMENT OR IF WE BELIEVE YOU ARE YOUNGER THAN EIGHTEEN (18). UPON TERMINATION OF THIS AGREEMENT, YOUR BIRDIE PROMOTIONS ACCOUNT AND RIGHT TO ACCESS AND USE THE SITE AND SERVICES WILL TERMINATE IMMEDIATELY. YOU UNDERSTAND THAT ANY TERMINATION OF YOUR BIRDIE PROMOTIONS ACCOUNT INVOLVES DELETION OF YOUR USER CONTENT ASSOCIATED THEREWITH FROM OUR LIVE DATABASES. BIRDIE PROMOTIONS WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION OF THIS AGREEMENT, INCLUDING FOR TERMINATION OF YOUR BIRDIE PROMOTIONS ACCOUNT OR DELETION OF YOUR USER CONTENT. UPON TERMINATION THE FOLLOWING SECTIONS WILL REMAIN IN EFFECT: INDEMNITY; LIMITATION OF LIABILITY; DISCLAIMERS; CONFIDENTIALITY; AND GENERAL.

 

CONFIDENTIALITY

 

Definition. “Confidential Information” means all confidential or proprietary information Birdie Promotions discloses to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including but not limited to, weather outlooks, weather forecasts, financial information, technology, technical information, methods, models, model verifications, processes, techniques, designs, computer programs, other business information, and other weather related information. Without limiting the coverage of these confidentiality obligations, you acknowledge and agree that Birdie Promotions’ Confidential Information shall include the Services, all content, data and other information generated by the Services and all derivative works, modifications and improvements to such data made in conformance with this Agreement.

 

Exclusions. Confidential Information shall not include information that: (a) is or becomes publicly known except through a breach of this Agreement; (b) was in the receiving party’s lawful possession prior to the disclosure without restriction on use or disclosure; (c) is rightfully disclosed to the receiving party by a third party without restriction on use or disclosure; or (d) is independently developed by the receiving party, which independent development can be shown by written evidence without use of any Confidential Information of Birdie Promotions and not in breach of this Agreement.

 

Nondisclosure. Subject to the express permissions of this Agreement, you will protect Birdie Promotions’ Confidential Information from unauthorized use, access or disclosure in the same manner as you protect your own Confidential Information, but with no less than reasonable care.

 

Compelled Disclosure. Birdie Promotions may also access or disclose information about you, your Account (as defined in the Privacy Policy), including your User Content, in the event that Birdie Promotions (a) is required by an applicable court, legislative or administrative body, or Federal or State law or regulations of the United States, to disclose Confidential Information; or (b) believes in good faith that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.

 

PAYMENT

 

You agree to pay to Birdie Promotions the fees stated or as specified from time to time for various fee-based products and services available by or through Birdie Promotions on the Site under conditions set out in the subscription page. You are responsible for the timely payment of all fees and for providing us with a valid payment method for payment of all fees. No refunds will be given.

 

DISPUTE RESOLUTION AND ARBITRATION

 

Applicability.  If your (i) residence or establishment is in the United States or (ii) residence or establishment is not within the United States but you are bringing a claim against Birdie Promotions in the United States, the Parties agree to seek amicably to settle all disputes arising out of or in connection with this Agreement by negotiation.  If, within thirty (30) calendar days after written notice by you of the existence of a dispute (pursuant to the requirements set forth below), the Parties do not resolve such dispute, then the dispute shall be finally settled under the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”), by one or more arbitrators appointed in accordance with the said Rules and the provisions of this section.  The language of the arbitration shall be English.  The place of the arbitration shall be in Montgomery , Maryland, United States.  The arbitrator(s) are authorized to award to the prevailing Party, if any, as determined by the arbitrator(s), its costs and expenses, including attorneys’ fees and related costs and expenses.

 

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, the Parties agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Birdie Promotions via the “Contact Us” page on the Site. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email or the “Contact Us” page on the Site prior to initiating the arbitration.

 

Agreement to Arbitrate. You and Birdie Promotions mutually agree that the arbitrator(s) shall have the discretion to hear and determine at any stage of the arbitration any issue asserted by any Party to be dispositive of any claim or counterclaim, in whole or in part, in accordance with such procedure as the arbitrator(s) may deem appropriate, and the arbitrator(s) may render an award on such issue.

 

Exceptions to Arbitration Agreement. You and Birdie Promotions each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

 

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim and to the extent permitted under this Agreement.  The award shall be rendered within nine (9) months of the appointment of the arbitrator(s), unless the arbitrator(s) determine that the interest of justice requires that such limit be extended.  The arbitration shall conclude and the dispute resolved by issuance of a written decision which may include, as appropriate, a monetary award, but not a penalty or punitive, consequential or exemplary damages, however described.  Each Party hereby waives all objection which it may have at any time to the laying of venue of any proceedings brought in such courts, waives any such claim that such proceedings have been brought in an inconvenient forum and further waives the right to object with respect to such proceedings that any such court does not have jurisdiction over such Party.

 

Confidentiality of Dispute Resolution Proceedings. The Parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another Party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a Party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.  Nothing in this Agreement shall prevent either Party from seeking provisional measures from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

 

Jury Trial Waiver. You and Birdie Promotions acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.

 

No Class Actions or Representative Proceedings. You and Birdie Promotions acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all disputes. Further, unless you and Birdie Promotions both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such dispute and the dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any dispute, those waivers may be severed from this Arbitration Agreement and you and Birdie Promotions agree that any private attorney general claims and representative claims in the dispute will be severed and stayed, pending the resolution of any arbitrable claims in the dispute in individual arbitration.

 

GENERAL

 

Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

 

Governing Law. This Agreement shall be governed by the laws of the State of Maryland without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts in Montgomery County, Maryland and the federal court of the District of Maryland for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

 

Entire Agreement. This Agreement (which includes the Privacy Policy and any other rules posted on the Site) constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Neither party is an agent, employee, or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Birdie Promotions’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

 

Copyright/Trademark Information. Copyright © 2024, BIRDIE PROMOTIONS AND MULTIMEDIA LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are Birdie Promotions’ property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF BIRDIE PROMOTIONS AND THE BIRDIE PROMOTIONS NAME SHALL NOT BE USED BY YOU IN ANY WAY.

 

Your Feedback to Us.  If you have any questions about this Agreement, please contact us via the “Contact Page” on the Site.