BirdDog logo
BirdDog logo

Terms and Conditions

Terms of Service

  1. Introduction

    2. Thank you for using BirdDog!

    These Terms of Service (“Terms”) are a binding legal agreement between you and BirdDog Adventures, Inc. (“BirdDog,” “we,” “us,” or “our”) that apply to this your use of our website at https://www.birddogit.com, including any related subdomains, software, content, and services (the “Website”), as well as any emails, text messages, discussions via phone and in person with us, and our social media accounts (collectively with the Website, the “BirdDog Platform”), as well as to the services we provide pursuant to operating the BirdDog Platform, including but not limited to the Experiences booked through us (collectively with the BirdDog Platform, the “Services”).

    Please read these Terms carefully before you start to use the BirdDog Platform. By using the BirdDog Platform or by creating an account on the Website (an “Account”), you acknowledge you have read and you accept and agree to be bound and abide by these Terms and our Policies (as defined below) (collectively, the “Agreements”).

    If you do not agree with (or cannot comply with) the Agreements, then you must not access or use the BirdDog Platform, and you may not use the Services, but please let us know by emailing us at support@birddogit.com so we can try to find a solution.

    These Terms apply to all visitors, users and others who wish to access the BirdDog Platform or use our Services.

    Thank you for being responsible.

    BirdDog is an online platform for hunters to search for and reserve unique hunting experiences (“Experiences”) held at privately-owned, limited-access locations (the “Locations”), and hosted by the landowners of the Locations or their agents (collectively, the “Landowners”).  You must create an Account to access and use many features of the Website, and you agree to keep your information updated.  As the provider of the Website, we will assist in making reservations and in facilitating some aspects of the Experience through our Vaqueros, but we do not own, control, offer or manage any of the Experiences or the Locations.  BirdDog is not a broker, agency or insurer.

  2. BirdDog Policies

    3. Our Privacy Policy also governs your use of the Services and explains how we collect, safeguard, and disclose information that we collect from your use of the Services, or otherwise obtain from or about you (the “Privacy Policy”). Please read it at https://birddogit.com/privacy-policy. You acknowledge and agree that by accessing or using the Services, BirdDog may receive certain information about you, including personal and sensitive data, as set forth in the Privacy Policy, and BirdDog may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy, which may be amended from time-to-time.

    BirdDog maintains additional policies, which can be found at https://birddogit.com/privacy-policy, (the “Additional Policies”, and together with the Privacy Policy, the “Policies”) related to your use of the Services and standards for the Experiences. You acknowledge that you have read and understand the Additional Policies and that you hereby agree to the terms, conditions,

  3. Accessing the Website, the BirdDog Platform, and Account Security

    4. Subject to and conditioned on your compliance with these Terms and the Additional Policies, BirdDog hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services only for your personal, non-commercial use. We reserve the right to suspend, discontinue, or amend the Services and any service or material we provide thereon, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or other aspect of the BirdDog Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website and/or the BirdDog Platform, to users, including registered users.

    To access the Website or some of the resources it offers, and when you set up an Account, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current, and complete.

    You agree to treat your username, password, or any other piece of information as part of our security procedures, as confidential, and not to disclose them to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

    We have the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  4. Communications

    5. By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at support@birddogit.com.

  5. Purchases, Reservations and Payments

    6. When you make a purchase on the Website, including reserving an Experience (each, a “Reservation”), you will be charged for the entire purchase, including the full price of the Experience reserved, plus sales tax, to the Payment Method (as defined below) on your Account.  Any additional charges (including, for example, additional animals or increased charges for larger animals) will be charged upon checkout from the Experience with a BirdDog representative, before leaving the Location, to the same Payment Method.  Unless stated otherwise in the Policies, if payment cannot be made at that time, for any reason, a charge of the lesser of one and one-half percent (1.5%) per month, calculated monthly, or the highest rate allowed by law will be incurred, and full payment of all outstanding amounts will be due promptly and in no event later than five business days after the date of checkout.

    For any purchases made through the Website, you will need to have a valid payment method (including credit card, debit card, or other method of payment, each a “Payment Method”) on your Account to process the payment for your purchases and secure your Reservation. You agree to provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid Payment Method information, and any other information that BirdDog may reasonably request. By submitting such payment information, you represent that you have the legal right to use the Payment Method submitted and that the information you supply to us is true, correct and complete; and you authorize us to charge all charges and fees incurred to that Payment Method.

    We may employ the use of third party services for the purpose of facilitating payment and completing purchases.  These third parties are also contractually bound to protect your personal information. By submitting your payment information to us, you also grant us the right to provide your payment information to these third parties.  The third party service may also offer options on making payments over time.  Any such offers are made by such third party, pursuant to a separate agreement between you and such third party, and subject to those terms. 

    We reserve the right to refuse or cancel your order at any time for any reason, including but not limited to product, property, or service availability, errors in the description or price of the product or service, error in your order, or if fraud or an unauthorized or illegal transaction is suspected.

  6. Your Responsibilities

    7. Your Reservation entitles you and your guests (if applicable) to participate in the Experience, subject to the requirements of the Experience and the Landowner.  You are responsible for confirming that you and your guests meet minimum age, experience, proficiency, or other requirements as stated on the Website.  You are also responsible for providing the requested information for your Experience, either on the Website or through a means requested by BirdDog after the reservation has been received.

    As further set forth in the Additional Policies, you acknowledge and agree that you are responsible and liable for your own acts and omissions and for the acts and omissions of your guests with respect to the Experience. For example (but not by way of limitation), (a) you are responsible for leaving the Location in the condition it was in when you arrived, (b) you are responsible for paying all reasonable damages in amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to a Location beyond ordinary use, and (c) you agree to act with integrity, treat others with respect, not engage in reckless behavior, and comply with applicable laws and reasonable Landowner or guide directives at all times. If you bring a minor to an Experience, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of the minor.

    As further set forth in the Additional Policies, you acknowledge that the activities involved in any Experience and your presence on the Location carry inherent risks of severe bodily injury and even death. You agree that, to the maximum extent permitted by law, you assume the entire risk arising out of your access to and use of our Services, the Experience, and your presence on the Location. It is your responsibility to investigate an Experience to determine whether it is suitable for you, including whether the actual and potential risks involved are acceptable to you, and you freely and willfully assume those risks by choosing to participate in the Experience.

    You may be asked to sign one or more waivers as a condition of participation in the Experience, and refusal to do so, or failure to meet any of the other requirements of participation in the Experience, may limit your ability to participate in the Experience, and no refunds (in whole or in part) will be made. You agree that you will fully comply the terms set forth in the waiver and with any safety and security policies and information provided to you, whether by BirdDog or any guide, Landowner, or other person.

  7. Cancellations and Refunds

    8. Other than as specifically provided herein or any Additional Policy, once a Reservation is made and paid for, there are no refunds for cancellation for any reason.  You may transfer your Experience to someone else if we consent to the transfer in writing prior to the Experience, however, they will be subject to these Terms, and you will remain responsible for their compliance with these Terms as one of your guests.

  8. Contests and Promotions

    9. Any contests or promotions (collectively, “Promotions”) made available through the BirdDog Platform may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules and conditions. If the rules for a Promotion conflict with these Terms, the terms and conditions of the Promotion rules will take precedence solely with respect to the rules and conditions for that Promotion.

  9. Intellectual Property Rights

    10. The Services, including but not limited to the Website and its content, features and functionality are and will remain the exclusive property of Birddog and its licensors (including the Landowners). The Services are protected by copyright, trademark, and other laws of the United States or applicable jurisdiction. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BirdDog.

    The Services provided to you hereunder or available to you through the Services are licensed, not sold, and BirdDog retains and reserves all rights not expressly granted in these Terms. You acknowledge and agree that, as between you and BirdDog, BirdDog and its licensors owns all rights, title, and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or elsewhere on the BirdDog Platform or otherwise made available through the Services, except in the course of normal use of the BirdDog Platform for their stated purposes.

    You agree not to modify copies of any materials from this site; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. Subject to your compliance with the terms and conditions set forth herein, the parties hereby agree that you may use, display, store, transmit, or create derivate works of any illustrations, photographs, videos, or audio sequences that you or your guest(s) take or create during an Experience.

    Parts of the Service may allow you to provide feedback, reviews, comments, text, photos, audio, video, information, and other content (“Content”). You hereby grant BirdDog a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Services, in any media or platform. You hereby represent and warrant to BirdDog that (i) all Content will comply with the Additional Policies and (ii) you have all rights and licenses necessary to provide BirdDog with the Content pursuant to the foregoing license.

    If you violate this section, your right to use the Website will stop immediately and you agree to, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website or on the BirdDog Platform is transferred to you, and all rights not expressly granted are reserved by BirdDog. Any use of the BirdDog Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

  10. Trademarks

    11. Our name, the terms BirdDog and BirdDog Adventures, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BirdDog (the “Marks”). You agree not to use the Marks without our prior written permission. BirdDog claims trademark protection over all the Marks, and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with BirdDog. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use will inure to BirdDog's benefit. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

  11. Prohibited Uses

    12. You may use the Services only for lawful purposes and in accordance with the Terms. You agree not to use the Services:

    (a) To circumvent BirdDog by requesting, making or undertaking a hunt or similar experience with a Landowner outside of the BirdDog Platform to avoid paying fees to BirdDog.

    (b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

    (c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

    (d) To impersonate or attempt to impersonate BirdDog, a BirdDog employee, another user, or any other person or entity.

    (e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

    (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the BirdDog Platform or our Services, or which, as determined by us, may harm or offend BirdDog or users of our Services or expose them to liability.

    (g) n any way that violates any applicable national or international law or regulation, including as related to hunting, fishing, or other regulated activities.

    (h) In violation of the Policies.

    Additionally, you agree not to:

    (a) Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.

    (b) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

    (c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

    (d) Use any device, software, or routine that interferes with the proper working of the Website.

    (e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

    (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

    (g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

    (h) Take any action that may damage our ratings, reviews, or reputation without first contacting us and allowing us to attempt to resolve any issues.

    (i) Otherwise attempt to interfere with the proper working of the Website.

  12. Violations of Terms

    13. If you believe that a listing or a Landowner or any specific content on the Website has violated these Terms, we ask that you report your concerns to us. Except as required by law, you agree that we are not obligated to take action in response to any report.

    If you violate these Terms, applicable laws or regulations (in connection with your use of our Services), or third-party rights, or we believe it is reasonably necessary to protect BirdDog, our users, or third parties, then we may, with or without prior notice (a) suspend or limit your access to or use of the BirdDog Platform and/or your Account; and/or (b) cancel pending or confirmed Reservations.

    For minor violations or where otherwise appropriate, as we may determine in our sole discretion, you will be given notice of any intended measure by us and an opportunity to resolve the issue. You may appeal actions taken by us under this section by contacting customer service.

  13. Resolving Complaints and Damage Claims.

    14. If a Landowner provides valid evidence that you, your guest(s), or your pet(s)damaged their real or personal property, or real or personal property the Landowner is responsible for, including consequential damages, (a “Damage Claim”), we will notify you and give you an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to us and we determine in our sole discretion that the Damage Claim is valid and you are responsible, we can collect the amount of the Damage Claim from you. You agree that we may seek to recover from you under any insurance policies you maintain and that we may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information we request, execute documents, and take further reasonable action, in connection with Damage Claims, Landowner complaints, claims under insurance policies, or other claims related to your Experience.

  14. No Use By Minors

    15. The BirdDog Platform is intended only for access and use by individuals at least 18 years old or as otherwise defined to be a minor by applicable law. By accessing or using the BirdDog Platform, you warrant and represent that you are at least 18 years old and with the full authority, right, and capacity to enter into these Terms and abide by all of the terms and conditions of these Terms. If you are not at least 18 years old, you are prohibited from both the access and usage of the BirdDog Platform. If a minor is one of your guests on an Experience, you hereby represent that you or another guest shall have legal authority to execute any agreement or liability waiver on the minor's behalf.

  15. Accounts

    16. When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us with is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

    You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

  16. Error Reporting and Feedback

    17. You may contact us at support@birddogit.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Services (“Feedback”). You acknowledge and agree that: (a) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (b) we may have ideas in development similar to the Feedback; (c) Feedback does not contain confidential information or proprietary information from you or any third party; and (d) we are not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant BirdDog and our affiliates an exclusive, transferable, irrevocable, royalty free, fully paid up, sublicensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  17. Links To Other Web Sites

    18. The Website may contain links to third party web sites that are not owned or controlled by BirdDog. We assume no responsibility for the content, privacy policies, or practices of any third party web sites. We do not warrant the offerings of any of these entities/individuals or their websites.

    YOU ACKNOWLEDGE AND AGREE THAT BIRDDOG SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES.

    WE STRONGLY ADVISE YOU TO READ THE TERMS OF USE AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES THAT YOU VISIT OR GOODS OR SERVICES THAT YOU PROCURE THROUGH SUCH WEBSITES.

  18. Reliance on Information Posted; Limited Guaranty

    19. The information presented on the Website or otherwise through the BirdDog Platform is made available solely for general information purposes. We rely on the respective Landowners to provide accurate information about Experiences on their Location, including the availability of any particular animals, and we do not warrant the accuracy, completeness, or usefulness of this information, and we cannot and do not control the conduct of the Landowner or the execution of the Experience. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.

    Notwithstanding the foregoing and unless stated otherwise in the Additional Policies, in the event that you do not have an opportunity to see one or more of any of the animals specified for the Experience, you will be offered a credit to return to the same Location for just the cost of lodging at our current day rate for guests. This limited guaranty does not apply to “low-fence hunts”, nor to instances where you or a member of your party wounds an animal, misses a shot, or does not take their intended animal, and in such cases the full price will apply and no refund or credit will be offered.

    This limited guaranty is the sole guaranty we provide, and the remedy stated is your sole remedy if the guaranty is not met.

  19. Disclaimer Of Warranty

    20. You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, the Website, or the BirdDog Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.TO THE FULLEST EXTENT PROVIDED BY LAW, WE (including our affiliates, or any of our or their respective officers, directors, employees, agents or service providers)WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE BIRDDOG PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON EITHER, OR ON ANY WEBSITE LINKED TO EITHER.

    EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE WEBSITE, THE BIRDDOG PLATFORM, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE (including our affiliates, or any of our or their respective officers, directors, employees, agents or service providers) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE, THE BIRDDOG PLATFORM, OR THE SERVICES, OR THE INFORMATION INCLUDED THEREIN OR OTHER CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE BIRDDOG PLATFORM, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, THE BIRDDOG PLATFORM, AND/OR OUR SERVICES IS AT YOUR SOLE RISK.

    You further understand, acknowledge and agree that the Experiences offered on the Website, including but not limited to hunting and hunting-related activities, the use of deadly weapons, and being in the presence of, and engaging with, feral animals, are inherently risky, and you agree and you will cause your guests to agree (a) to exercise due care and caution while engaging in any Experiences and entering onto the Location; (b) to assume all risks of engaging in an Experience and being on the Location, whether anticipated or unforeseen; and (c) that execution of waivers of liability of BirdDog, the respective Landlord and/or the respective Location by you and each of your guests may be required prior to an Experience and failure to agree to them may limit your ability to participate in the Experience and you will not be entitled to a refund of the purchase price of the Experience.

    NEITHER BIRDDOG NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, INCLUDING THE EXPERIENCES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, THE BIRDDOG PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH EITHER WILL MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  20. Limitation Of Liability

    21. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIRDDOG OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, HAVE ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES AND ANY GOODS SOLD THEREUNDER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    TO THE EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM COLLECTIVE LIABILITY OF BIRDDOG (INCLUDING OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS), AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO DIRECT DAMAGES, AND LIMITED, IN THE AGGREGATE, (A) WITH RESPECT TO LOSSES RELATED TO A PRODUCT, TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR SUCH  PRODUCT OR $300, OR (B) FOR LOSSES RELATED TO AN EXPERIENCE, TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES OR $2,500.

    SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

    The limitation of liability set forth above shall not apply to (a) liability resulting solely from, and to the extent of, our gross negligence or willful misconduct of BirdDog or BirdDog's employees and (b) death or bodily injury resulting solely from, and to the extent of, our grossly negligent acts or omissions or our willful misconduct of BirdDog or BirdDog's employees, in either case as finally determined by independent adjudication such as mediation, arbitration or court of law.

  21. Indemnification

    22. You agree to defend, indemnify, and hold harmless BirdDog, its affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services and any gross negligence of willful misconduct by you, your guest(s), or your pet(s).

  22. Limitation on Time to File Claims

    23. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE, THE BIRDDOG PLATFORM OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  23. Termination

    24. We may terminate or suspend your Account and bar access to the BirdDog Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

    If you wish to terminate your Account, please notify us at support@birddogit.com, and discontinue using the Website.  We may close your Account after a period of five years of inactivity without further notice to you.

    All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  24. Governing Law

    25. These Terms shall be governed and construed in accordance with the laws of State of Delaware without regard to its conflict of law provisions.

  25. Amendments To Terms

    26. We may amend these Terms at any time by posting the amended terms to the Website. It is your responsibility to review these Terms periodically.  We will notify you of material changes via either email or upon your next login after these Terms have been updated.

    Your continued use of the Website, the BirdDog Platform and/or the Services following the posting of revised Terms (and notice of any material changes, if applicable) means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they will be binding on you.

    By continuing to access or use the Services, unless additional consent is otherwise required by applicable law, the BirdDog Platform, or our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services, and you should discontinue use immediately.

  26. Waiver And Severability

    27. No waiver by BirdDog of any term or condition set forth in these Terms 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 BirdDog to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

    If any provision of these Terms 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, and the remaining provisions of these Terms will remain in effect.

  27. Assignment

    28. You may not assign, transfer or delegate your agreements under these Terms or your rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate our agreements under these Terms, and any rights and obligations hereunder, at our sole discretion.

  28. Entire Agreement

    29. These Terms and our Privacy Policy, plus any Reservations, constitute the entire agreement between you and BirdDog regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.

  29. Notice

    30. We may provide any notice to you under these Terms by: (a) sending a message to the email address you provided in connection with your Account or (b) by posting to the Website.

    Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

    To give us notice under these Terms, you must contact us via email at support@birddogit.com. We may update our method for providing notices and our respective physical and/or email addresses for notices to us by posting a notice on the Website. Notices provided by personal delivery or email will be effective on the next business day; notices provided by overnight courier will be effective upon receipt; and notices provided by registered or certified mail will be effective three business days after they are sent.

  30. Acknowledgement

    31. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

  31. Contact Us

The Services are operated by BirdDog Adventures, Inc.

Please send your feedback, comments, or requests for technical support by email to support@birddogit.com.

 

Last Modified: July 12, 2024