Terms of Use & Warranty Disclosure

Read This Terms of Use and Warranty Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on June 17, 2010.

This Terms of Use Agreement sets forth the standards of use of BirdDog Solutions’ Online Service, BirdDog OnDemand. By using the ondemand.birddog.com website you (the CUSTOMER) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at ondemand.birddog.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service
BirdDog Solutions is providing CUSTOMER with online access to BirdDog OnDemand. CUSTOMER must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for CUSTOMER's access to the Internet, and (3) pay any fees related with such connection.

2. Restricted Use
BirdDog Solutions is providing CUSTOMER with a login ID and password to access the ondemand.birddog.com website. This login ID and password is not transferable, and CUSTOMER agrees not to share the login ID and password with any third party. CUSTOMER agrees not to use a login ID issued to a third party by BirdDog Solutions.

3. Disclaimer of Warranties
BIRDDOG hereby represents and warrants that the BirdDog OnDemand Services shall be provided on a reasonable efforts basis and shall conform to the standards generally observed in the industry for similar services, but shall be subject to the following:

  1. WARRANTY LIMITATION:  BIRDDOG HEREBY DISCLAIMS AND CUSTOMER WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY.  THE SERVICES AND ACCESS TO THE BIRDDOG ONDEMAND WEBSITE AND SOFTWARE (BIRDDOG ONDEMAND), WHETHER ACCESSED ONLINE OR THROUGH SYSTEM INTEGRATION, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  BIRDDOG DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF BIRDDOG ONDEMAND.  BIRDDOG DOES NOT MAKE ANY WARRANTY AND CUSTOMER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF BIRDDOG ONDEMAND.  CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES AND BIRDDOG ONDEMAND SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF CUSTOMER AND SUBJECT TO THE RESTRICTIONS, TERMS AND CONDITIONS, RULES, REGULATIONS, POLICIES, APPLICABLE LAWS AND THE POLICY STATEMENT GOVERNING THE SERVICES AND BIRDDOG ONDEMAND.  BIRDDOG SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR HARM OR DAMAGES RESULTING FROM OR ARISING OUT OF CUSTOMER INABILITY TO USE THE SERVICES OR BIRDDOG ONDEMAND.  CUSTOMER SHALL AT ALL TIMES BE RESPONSIBLE TO MAINTAIN ADEQUATE HARDWARE AND ACCESS TO USE THE SERVICES AND BIRDDOG ONDEMAND, WHICH MAY BE CHANGED BY BIRDDOG FROM TIME TO TIME.
  2. Inaccuracies:  CUSTOMER hereby acknowledges that the data provided by the Services or BIRDDOG ONDEMAND may contain errors, inaccuracies and omissions.  BIRDDOG shall not be responsible for editing, correcting, modifying, reviewing or deleting any such data.  CUSTOMER shall assume any and all risk of loss, harm or damage associated with CUSTOMER access to and use of BIRDDOG ONDEMAND.
  3. Content Warranty:  CUSTOMER represents and warrants that any and all information provided by CUSTOMER in connection with this Agreement or any Statement of Work, the CUSTOMER Application, the Password and the Services shall be true, accurate, complete and current.
  4. Indemnification:  CUSTOMER shall release, defend, indemnify and hold harmless BIRDDOG, its officers, directors, employees and agents, from and against any and all claims, liability, losses and damages arising in connection with: (1) Subscriber access to the BIRDDOG ONDEMAND technology; (2) use of the Services by CUSTOMER; (3) the CUSTOMER content and the CUSTOMER technology; and (4) breach of this Agreement or any Statement of Work by CUSTOMER.
  5. Loss of CUSTOMER Content:  Programming, software design errors, maintenance of the BIRDDOG ONDEMAND Software and Services, or unauthorized access to the BIRDDOG ONDEMAND Software and Services may result in the loss of CUSTOMER content.  BIRDDOG shall not be responsible for any loss of CUSTOMER content.

4. Limitation of Liability
BirdDog Solutions SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BIRDDOG SOLUTIONS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BIRDDOG SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5. Indemnification
CUSTOMER agrees to indemnify and hold BirdDog Solutions, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of CUSTOMER’s use of the Service, the violation of this Agreement, or infringement by CUSTOMER, or other user of the Service using CUSTOMER’s computer, of any intellectual property or any other right of any person or entity.

6. Modifications and Interruption to Service
BirdDog Solutions reserves the right to modify the Service with or without notice to the CUSTOMER. BirdDog Solutions shall not be liable to CUSTOMER or any third party should BirdDog Solutions exercise its right to modify the Service. CUSTOMER acknowledges and accepts that BirdDog Solutions does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all CUSTOMERs to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information
Information on this site has been provided by Carriers. While BirdDog Solutions makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. BirdDog Solutions makes no warranties or representations whatsoever with regard to any product provided or offered by any Carrier, and you acknowledge that any reliance on representations and warranties provided by any Carrier shall be at your own risk.

9. Compliance with Laws.
CUSTOMER assumes all knowledge of applicable law and is responsible for compliance with any such laws. CUSTOMER may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. CUSTOMER further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 BirdDog Solutions, with all rights reserved, or is the property of BirdDog Solutions and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BirdDog Solutions is strictly prohibited. CUSTOMERs agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BirdDog Solutions.
BirdDog Solutions and BirdDog Solutions.com are proprietary marks of BirdDog Solutions.com. BirdDog Solutions trademarks may not be used in connection with any product or service that is not provided by BirdDog Solutions, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BirdDog Solutions. All other trademarks displayed on BirdDog Solutions website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BirdDog Solutions.

11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BirdDog Solutions.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Raymond Nieuwenhuizen
By Mail
138 River Road, Suite 208
Andover, MA 01810
By Telephone: 978.688.8400 x209

12. Botnets
BirdDog Solutions retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BirdDog Solutions reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BirdDog Solutions, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a CUSTOMER. CUSTOMER agrees that by accepting this Terms of Use Agreement, CUSTOMER is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.