(Last Updated: June 29, 2022)
The EarlyBird Education website(s), application(s), and software platform(s) that operate in connection with The EarlyBird Solution, an early literacy assessment platform (collectively, the “Site”) are owned and operated by EarlyBird Education. Access to and use of the Site is subject to these terms and conditions of use (“Terms of Service”).
- “Site” or “EarlyBird” shall include any information or Site made available by EarlyBird Education, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without notice.
- The Site is not intended for users under 13 years of age. If you are under 13, do not use the Site and do not provide us with any personal information. We do not knowingly collect, use, or disclose personal information from students under 13 years of age without a school’s or a parent/legal guardian’s consent.
Medical Advice Disclaimer
The content of this Site is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. EarlyBird Education does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by EarlyBird Education, EarlyBird Education employees, other contributors appearing on the Site at the invitation of EarlyBird Education, or other visitors to the Site is solely at your own risk.
EarlyBird Intellectual Property
The materials used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of EarlyBird or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of EarlyBird Education. EarlyBird Education grants you a personal, non-exclusive, non-transferable, revocable license to use the Site and any materials on the Site for non-commercial purposes subject to these Terms of Service.
License to Use the EarlyBird App
Subject to the terms and conditions of this Agreement and any agreement entered into by you relating to the App, EarlyBird Education grants you a limited, non-exclusive, non-transferable, license to access and use the App (in object code form only). You shall not: (a) copy the App or any part, feature, function or user interface thereof; (b) use the App to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (c) attempt to gain unauthorized access to the App or its related systems or networks or resell, distribute or otherwise make the App available to any third party; or (d) reverse engineer the App or engage in other efforts to try and uncover or learn any source code underlying the App (to the extent such restriction is permitted by law).
Further, you agree not to use or attempt to use any engine, software, tool, agent or other device or other mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site.
EarlyBird Education Trademarks and Logos
The terms EarlyBird, EarlyBird Education, EarlyBird Education.com and other EarlyBird Education trademarks and Site marks, and associated logos and all related names, logos, product and service names, designs and slogans are trademarks of EarlyBird Education or its affiliates or licensors. You may not use such marks without the prior written permission of EarlyBird Education. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
Prohibited Uses of the Site
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate EarlyBird, an EarlyBird employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm EarlyBird Education or users of the Site or expose them to liability.
Additionally, you agree not to:
- “Scrape” or disaggregate data from the Site (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
Third Party Links
When visiting our Site or using the App, you may encounter links to web pages, which are not owned or controlled by EarlyBird Education. EarlyBird Education makes no warranties or claims regarding services from these webs, and no such warranties or claims should be implied or assumed. EarlyBird Education encourages you to review the privacy statements and policies of websites you choose to link to from EarlyBird Education so that you can understand how those websites collect, use, and share your information. EarlyBird Education is not responsible for the privacy policies, statements, or other content on websites not owned or controlled by EarlyBird Education.
You agree to indemnify, defend and hold harmless EarlyBird, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Service or any representations, warranties and covenants contained in these Terms of Service. You shall cooperate fully and reasonably in the defense of any such claim. EarlyBird reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Disclaimer of Representations and Warranties & Limitation of Liability
The following terms apply to the fullest extent permitted by law:
The sites, site, information, data, features, and all content and all site and products associated with the site or provided through the site (whether or not sponsored) are provided to you on an “as-is” and “as available” basis.
Earlybird Education, its affiliates, and their respective third-party service providers and licensors (collectively, the “earlybird parties”), make no representations or warranties of any kind, express or implied, as to the content or operation of the site, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or use, quality, productiveness or capacity, or that the operation of the software included within the site will be error free. All other warranties relating to the site or this agreement are hereby expressly disclaimed by the earlybird parties.
The earlybird parties make no warranty or representation that: (a) the site will meet your requirements; (b) your use of the site will be uninterrupted, timely, secure or error-free, or (c) any errors in the site will be corrected. You expressly agree that your use of the site is at your sole risk.
In no event will (i) the earlybird parties be liable for any lost profits, lost opportunity, lost savings, loss of goodwill, lost business, loss of anticipated benefits, business interruption, loss of business information, loss of or damage to data, computer failure or malfunction, or any indirect, special, incidental, consequential, or punitive damages arising out of or as a result of this agreement, the use of or inability to use the products or the provision of site, (ii) any of Earlybird Education’s affiliates or their respective third-party service providers or licensors be liable to you for any direct damages in connection with this agreement, in the case of the foregoing clauses (i) and (ii), even if any such party has been advised of the possibility of such damages.
In no event will Earlybird Education’s entire liability for all claims arising out of or as a result of this agreement exceed the greater of twenty-five dollars ($25) or the amount you actually paid Earlybird Education in the twelve (12) months preceding the incident giving rise to liability. The foregoing limitations in this paragraph will apply to all actions arising under this agreement regardless of the theory of liability.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations do not apply to you, and you might have additional rights.
These Terms of Service and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of Massachusetts (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to the exclusive jurisdiction and venue in the courts located in the State of Massachusetts.
In the event that any dispute, controversy, or claim should arise out of or relate to this Agreement, the Parties agree to use their best efforts to resolve such dispute(s) promptly and amicably through direct negotiation. To the extent that any such dispute cannot be settled through negotiation, the Parties agree that the dispute shall be finally settled in Norfolk County, Massachusetts, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each Party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the Parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Norfolk County, Massachusetts or the United States District Court for the District of Massachusetts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You understand and agree that by entering into this agreement, you and Earlybird Education are each waiving the right to trial by jury or to participate in a class action.
Waiver and Severability
No waiver by EarlyBird of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EarlyBird to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Termination and Suspension
We reserve the right to discontinue the App or suspend or terminate your access to the site including any Accounts or User Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide or if we have reasonable grounds to suspect that any information that you provide is false, inaccurate, or otherwise violates these Terms of Service or any Additional Terms, then we may suspend or terminate your Account or deny you access to all or part of the Site. Any suspension or termination will not affect your obligations to us including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the Site or upon notice from us, your License to use the Site will terminate immediately.
When you communicate with us electronically, such as via the App, you consent to receive communications from us electronically. Please note that we will do our best to respond to your inquiry; however, it may take us some time. 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.
If you purchased EarlyBird for families and you are not satisfied with EarlyBird, we will provide a full refund if you contact us within 21 days of your purchase date. A return can be initiated by emailing email@example.com with a refund request and a reason for the request. Someone from the EarlyBird team may contact you for further information. The refund will generally be done using the same payment method (for example, credit card) used to make the purchase.
Operation of Site; International Issues
We control and operate the Site from our headquarters in Massachusetts, USA. If you use the Site or the App from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content if and to the extent local laws apply (for example, any local education regulatory or data privacy laws). You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
We may assign our rights and obligations under these Terms or any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them.
No waiver by us of any of these Terms of Service or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of EarlyBird Education.
The Terms of Service constitute the sole and entire agreement between you and EarlyBird with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
Update to Terms of Service
We reserve the right to change these Terms of Service at any time. You should check this page regularly. The changes will appear on the Site and will be effective when we post the changes. Your continued use of the Site means you agree to and accept the changes.
Reach out to us at Earlybird Education,163 Highland Ave, #1067, Needham, MA 02494.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: firstname.lastname@example.org
Thank you for visiting EarlyBird.