Overview

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  “Services”) 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 services 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 Use.

EarlyBird Education Trademarks and Logos

The terms EarlyBird,  EarlyBird Education, EarlyBird Education.com and other EarlyBird Education trademarks and services 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 website or using the Services, you may encounter links  to web pages and sites which are not owned or controlled by EarlyBird Education. EarlyBird Education makes no warranties or claims regarding services from these sites, 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.

Indemnification

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.

Warranty Disclaimer

The site is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to these terms of use. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement on the site. The information, facts, and opinions provided are no substitute for professional advice.

Liability Disclaimer

Your use of the site is at your own risk. Neither, earlybird nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors (including our independent contractor contributors) shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the site and the information available on the site or arising out of any action taken in response to or as a result of any information available on the site. You hereby waive any and all claims against earlybird and its subsidiaries, divisions, affiliates, agents, representatives and licensors (including our independent contractor contributors) arising out of your use of the site and the information available thereon.

Disputes

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 exclusive jurisdiction and venue in the courts located in the State of Massachusetts.

Any cause of action or claim you may have arising out of or relating to these terms of use or the site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred and you hereby agree to waive such cause of action or claim after such date.

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 Use 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 Use will continue in full force and effect.

Termination and Suspension

We reserve the right to discontinue the Services or suspend or terminate your access to it 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 Services. 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 Services or upon notice from us, your License to use the Services will terminate immediately.

Communications

When you communicate with us electronically, such as via a Services communication tool, 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.

Operation of Services; International Issues

We control and operate the Services from our headquarters in Massachusetts, USA. If you use the Services 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.

Assignment

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

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 Age of Learning, Inc.

Entire Agreement

The Terms of Use 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 Use 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.

Our Privacy Policy

Our Privacy Policy contains further information about how data is collected, used and made available on or by our Site. We encourage you to read it, here.

Contact Us

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: info@EarlyBird Educationfamily.com.

Thank you for visiting EarlyBird.