Website Terms of Use

Your Consent to These Terms of Use

Your use of this Website (“Website”) is subject to these Terms of Use (“Terms of Use”).  By accessing or using this Website, you are agreeing to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not use this Website.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Changes to These Terms of Use

As we add new features and functionality to this Website, we may need to update or revise these Terms of Use. We reserve the right to do so, at any time and without prior notice, by posting a revised version on this Website. These changes will be effective as of the date we post the revised version. By accessing or using this Website following any such change, you are agreeing to be bound by the revised Terms of Use. For this reason, it is important for you to review our Terms of Use on a regular basis.

Disclaimer

To the fullest extent permitted by applicable law this website and all content, products, and services made available through this site are provided on an “as is”, “as available” basis, without representations or warranties of any kind.  The Bird Dog Society makes no warranties related to the performance or operation of this website.  The Bird Dog Society disclaims any and all representations or warranties, whether express, implied, or statutory, with respect to this site and the content, products, programs, and services made available through this site.

Without limiting the generality of the foregoing, we disclaim all representations and warranties, express, implied or statutory, (A) of title, non-infringement, merchantability, satisfactory quality and fitness for a particular purpose; (B) arising from course of dealing or course of performance; (C) relating to the security of this site; (D) that the content of this site is accurate, complete or current; and (E) that this site will operate without interruption or error.

Our Online Privacy Policy

Our Website Privacy Policy (“Privacy Policy”) describes how we protect and use your personal information when you use this Website. You may view or print the current version of our Privacy Policy at any time by clicking on the link marked “Privacy Policy” at the bottom of each page of this Site.

Your Obligations

If you wish to register for a membership on this Website, you will be required to provide certain personal information to us. You agree to (a) provide true, accurate, current, and complete information about yourself as prompted in the membership applicant page, (b) maintain and promptly update your information to keep it true, accurate, current, and complete and (c) the terms of our Privacy Policy.

You agree to use the Website in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit to or through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Website is strictly prohibited. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and co-operating with those authorities by disclosing your identity to them.

Limitation of Liability

The Bird Dog Society is not responsible or liable in any manner for any user postings.  Under no circumstances, shall the Bird Dog Society or its partners, employees, agents, vendors, licensors, or suppliers, be liable to you or to any third party for any losses or damages arising out of or in connection with your use of or inability to use this Website, including, in connection with any content, products or services related to or provided through this site.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including loss of data, income, or profits), whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, even if an authorized representative of the Bird Dog Society has been advised of or should have known of the possibility of such damages, and without regard to the effectiveness of other remedies.

If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Bird Dog Society (and any other person or entity whose liability would otherwise have been limited) for liabilities that otherwise would have been limited shall no exceed $10.00.

Some jurisdictions do not allow the exclusion of liability for certain types of damages.  Accordingly, some of the foregoing limitations of liability may not apply to you.

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site. Any of the material (including the Content) on the Site may be out of date at any given time, and we are under no obligation to update such material.

Copyright Compliance

The Bird Dog Society respects the intellectual property rights of others.  Its policy is to respond to any claim that Content posted on this Website infringes on the copyright or other intellectual property rights (“infringement”) of any person or entity.

If a copyright owner or a person or entity authorized on behalf of one, believes that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit such a claim via email to info@birddogsociety.org, with the subject line “Copyright Infringement” and include in the claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”

Such claimants may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on a copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

Claimants may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the Bird Dog Society with the following information in writing (See 17 U.S.C 512(c)(3) for further detail):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. a description of the copyrighted work that the owner claims has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Website where the material claimed as is infringing is located;
4. owner or representative’s address, telephone number, and email address;
5. a statement by the claimant that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by the claimant, made under penalty of perjury, that the above information in their notice is accurate and that they are the copyright owner or authorized to act on the copyright owner’s behalf.

Third-Party Content

Some of the information, articles, and other materials available through this Website are provided to the Bird Dog Society by third parties. These third-party materials are provided for your interest and convenience only. We do not endorse these materials nor the third parties who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable.

Trademarks

This Website contains registered and unregistered trademarks of the Bird Dog Society and third parties (“Trademarks”). You may not use any Trademarks displayed on this Website without our or the trademark owners’ (as appropriate) prior written permission.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Website, including your ideas for new features and other ways that we can make this Website more useful to you (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Site will be owned exclusively by the Bird Dog Society. Your submission of Feedback will constitute an assignment to us of all right, title, and interest in your Feedback, including all worldwide copyrights and all other intellectual property rights in your Feedback. We will have the right to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and prepare derivative works based on any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Links to this Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to this Website from any website that is not owned by you.

This Site must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use.

Links from this Website

This Website may contain links to websites operated by third parties. We do not control these sites and do not endorse or assume any responsibility or liability for the information, products and services provided through these sites. Before you use any site operated by a third party, you should review the applicable terms of use and policies. If you access a third-party site through this Website, you do so at your own risk.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of the Bird Dog Society. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

The Bird Dog Society’s principal office is located in Efland, NC, USA. These Terms of Use shall be governed under the laws of the State of North Carolina without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in North Carolina. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use contain the entire understanding and agreement between you and us with respect to this Website (including the use of the Content) and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic between you and us with respect to this Website. Nothing in these Terms of Use excludes or limits our liability for fraud or fraudulent misrepresentation which such a limitation would be unenforceable as a matter of law.