These Terms and Conditions (“Terms”) govern access to and use of www.savehummingbirds.org (the “Site”).The Site is owned by Hummingbird Monitoring Network (“Hummingbird Monitoring Network,” “we,” “us,” or “our”) and operated by Hummingbird Monitoring Network and its authorized third-party service providers.BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SITE.
⸻1. ELIGIBILITY AND AGE REQUIREMENTS
The Site is intended for individuals thirteen (13) years of age or older.By using the Site, you represent and warrant that you are at least 13 years old. We do not knowingly collect personal information from individuals under 13. We disclaim all liability arising from misrepresentations regarding age.
⸻2. CHANGES TO TERMS
We reserve the right to modify, amend, or replace these Terms at any time to reflect changes in law, technology, or Site operations. Updated Terms will be posted on the Site with a revised Effective Date.Continued use of the Site after changes constitutes acceptance of the revised Terms.
⸻3. INTELLECTUAL PROPERTY RIGHTS
All content made available on or through the Site, including but not limited to text, graphics, images, photographs, logos, trademarks, documents, software, downloadable files, and overall design (“Content”), is the exclusive property of Hummingbird Monitoring Network or its licensors and is protected by applicable intellectual property laws.No Content may be copied, reproduced, distributed, modified, displayed, or used for commercial purposes without prior written consent.
⸻4. ACCEPTABLE USE
You agree to use the Site solely for lawful purposes and in compliance with these Terms. You agree not to:
• Violate any applicable law or regulation
• Infringe intellectual property or privacy rights
• Harass, abuse, threaten, or harm others
• Engage in fraudulent or deceptive conduct
• Attempt to gain unauthorized access to accounts, systems, or data
• Upload or transmit malicious code or harmful material
• Post content that is unlawful, obscene, defamatory, or offensiveWe reserve the right, in our sole discretion, to restrict, suspend, or terminate access to the Site and pursue legal remedies for violations.
⸻5. USER ACCOUNTS
If the Site permits account creation, you agree that:
1. You are solely responsible for maintaining the confidentiality of your login credentials;
2. All information provided is accurate, complete, and current;
3. You will promptly update information as needed.We may suspend or terminate accounts that violate these Terms or applicable law.
⸻6. SALE OF GOODS
The Site may offer goods for sale, including but not limited to:
• Merchandise
• Hummingbird banding tools
• CalendarsAll goods are offered subject to availability. Product descriptions and images are provided for informational purposes only and may not be exact.We reserve the right to modify, limit, refuse, or cancel orders at our discretion. If payment has been processed for a canceled order, a refund will be issued to the original payment method.
⸻7. THIRD-PARTY GOODS AND SERVICES
The Site may reference or offer goods or services provided by third parties. We do not control and are not responsible for the quality, accuracy, legality, or availability of third-party goods or services.
⸻8. PAYMENTS
Payments made through the Site are processed by third-party payment processors, including Flipcause and/or Zeffy.By submitting payment information, you authorize us and the payment processor to charge the designated payment method. We do not store full payment card details.We reserve the right to cancel or reverse transactions suspected of fraud or legal violations.
⸻9. SHIPPING AND DELIVERY
Goods will be shipped using standard delivery methods. Delivery times are estimates only and not guaranteed.You are responsible for:
• Providing accurate delivery information
• Paying shipping, duties, taxes, and customs fees (if applicable)We are not liable for delivery delays, incorrect deliveries due to user error, or customs-related issues.
⸻10. DONATIONS
Donations made through the Site are voluntary and non-refundable unless required by law. Donation processing is handled by third-party processors in accordance with their policies.
⸻11. LINKS TO THIRD-PARTY WEBSITES
The Site may contain links to third-party websites. We do not endorse or control such sites and are not responsible for their content, terms, or privacy practices.
⸻12. DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
⸻13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMMINGBIRD MONITORING NETWORK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE.
⸻14. INDEMNIFICATION
You agree to indemnify and hold harmless Hummingbird Monitoring Network and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
• Your use of the Site
• Your violation of these Terms
• Your infringement of any rights of a third party
⸻15. CONSUMER PROTECTION
Nothing in these Terms limits any non-waivable rights under applicable consumer protection laws.
⸻16. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.
⸻17. SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
⸻18. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Hummingbird Monitoring Network regarding use of the Site and supersede all prior agreements.
⸻19. CONTACT INFORMATION
Hummingbird Monitoring Network
Legal Inquiries:
legal@savehummingbirds.org
support@assistantmedia.com (Subject: Legal)