Terms of Use

Welcome to Wing Leader LLC, doing business as BirdWise Bookkeeping ("BirdWise," "Company," "we," or "us")! Please read the following Website Terms of Use carefully as it applies to your use of www.birdwisebookkeeping.com and its content, functionality, and services offered to you on or through this website (the "Site").

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and BirdWise. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Site.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with BirdWise and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period of time.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any materials available through the Site.

5. Trademarks

The Company name, the terms "BirdWise" and its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

6. Monitoring and Enforcement; Termination

We have the right to:

• Disclose your identity or other information about you to a third party only to the extent permitted or required by applicable federal and California privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and other relevant statutes. Such disclosures may occur if: (a) required by law, regulation, subpoena, or court order; or (b) necessary to protect the rights, property, or safety of the Company, users, or the public. Any disclosure will be limited to the minimum information necessary, and, where required by law, you will be notified prior to such disclosure unless prohibited by law. You retain all rights afforded to you under applicable privacy statutes, including the right to request information about such disclosures.
• Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Site, provided that any such action complies with applicable federal and California privacy laws. Where required by law, we will provide you with notice prior to referring your information to law enforcement or taking other legal action, unless such notice is prohibited by law or would compromise an investigation. All actions taken will be consistent with your rights under applicable privacy statutes.

The Company, its licensees, and service providers shall not be liable for actions taken in good faith compliance with lawful requests or orders, except to the extent that such liability cannot be waived under applicable federal or California law. Nothing in this clause limits your rights or remedies under applicable privacy statutes.

7. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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 by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

9. Information About You and Your Visits to the Site

All information we collect on this Site is limited to your name, phone number, and email address, and is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10. Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Geographic Restrictions

The owner of the Site is based in the State of California in the United States. We provide this Site for use only by persons located in the United States and its territories. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site 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 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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

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

13. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIRDWISE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, PARTNERS, MANAGERS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY LINKED WEBSITES, UNDER ANY LEGAL THEORY, EVEN IF FORESEEABLE. THIS LIMITATION DOES NOT APPLY TO LIABILITY RESULTING FROM BIRDWISE'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTHING IN THIS CLAUSE SHALL LIMIT ANY RIGHTS YOU MAY HAVE AS A CONSUMER UNDER CALIFORNIA OR FEDERAL LAW THAT CANNOT BE WAIVED BY CONTRACT.

FURTHERMORE, IN NO EVENT SHALL BIRDWISE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, PARTNERS, MANAGERS, OR REPRESENTATIVES ARISING OUT OF THE FOREGOING EXCEED THE AMOUNT YOU HAVE PAID TO WING LEADER IN THE LAST 12 MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE.

14. Indemnification

To the fullest extent permitted by California law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, partners, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Use, or (b) your use of the Site, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site. This indemnification obligation does not apply to the extent that any claim, liability, damage, judgment, award, loss, cost, expense, or fee results from the Company's own gross negligence, willful misconduct, or any other conduct for which indemnification is not permitted under California law. Nothing in this clause shall require you to indemnify the Company for any claims or damages to the extent prohibited by applicable law.

15. Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with all applicable federal laws and the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Limitation on Time to File Claims

UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, 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.

17. Waiver and Severability

No waiver by BirdWise of any term or condition set forth in these Terms of Use shall be effective unless made in writing and signed by an authorized representative of BirdWise. A waiver of any term or condition on one occasion shall not be deemed a waiver of such term or condition on any other occasion, nor shall it be deemed a waiver of any other term or condition. The failure of BirdWise to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless expressly stated in a signed writing, and shall not affect BirdWise's right to enforce such right or provision at a later time.

If any provision of these Terms of Use is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable under California law, such provision shall be severed or limited to the minimum extent necessary so that the remaining provisions of these Terms of Use will continue in full force and effect. The parties agree that any invalid, illegal, or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the parties' original intent, to the extent permitted by California law.

18. Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and BirdWise regarding the Site and its use and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

19. Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:

lily@birdwisebookkeeping.com