Updated: 6/11/2024

Before accessing or using the earlybirdsport.com Website, please read this TERMS-OF-USE AGREEMENT (the “Agreement”), which is a legal agreement between you and Early Bird governing your visitation of, access to, and use of the Website.

By visiting, accessing, or using the Website, in any way (including, but not limited to, accessing any part of or content on the Website, its servers, or any associated content or postings; registering for an account; or by posting, uploading or downloading any content), you are acknowledging that you understand and agree to, without qualification or limitation, all of the terms and conditions of this Agreement, and further represent and warrant that you are of sufficient age and capacity to be bound by this Agreement. If you disagree with any part of this Agreement, you must immediately cease any and all access of, use of, or visitation of this Website.

A separate Privacy Policy is both part of and incorporated into this Agreement. Please review this policy.

Early Bird may periodically modify this Agreement at any time in Early Bird’s sole discretion. You agree to regularly check this webpage to ensure that you are aware of and acting in compliance with the most current version of this Agreement. Your continued use of, access of, or visitation of the Website after Early Bird revises the Agreement shall be deemed your acceptance of any and all revisions and changes to the Agreement even if you do not read them. The date above indicates the time at which this Agreement was last updated.

RIGHTS REGARDING CONTENT. You acknowledge and agree that as between you and Early Bird, Early Bird and its licensors retain all rights, titles and interests in and to any and all data and information, content and materials displayed on, provided on, or otherwise made available through the Website, including, but not limited to Early Bird’s registered trademarks and copyright protected works of authorship, the Website’s features and functionalities, all page headers, button icons, logos, text, graphics, images, digital downloads, data, software, information, displays, video, audio, and audiovisual works, and the design, selection, procedures, methods, techniques, arrangements and compilations of the Website (collectively, the “Content”). Further, you acknowledge and agree that as between you and Early Bird, Early Bird and its licensors retain all rights, titles and interests in and to, all associated copyright rights, likeness rights, rights of publicity, patent rights, trademark and trade dress rights, trade secret rights and any other intellectual property or similar rights recognized anywhere in the world (“Intellectual Property”). Your license to access this Website does not transfer ownership of, rights to, or title in any of the Intellectual Property, Content, or any copy thereof, nor in any Intellectual Property or Content that you view, download or otherwise access on or through the Website.

Conversely, you hereby grant Early Bird a perpetual, irrevocable, unlimited, worldwide, fully paid, sub-licensable license to use, copy, display, distribute, and make derivative works from or of any item or content you post, display or otherwise make available on or through the Website, and you further represent and warrant that you have all necessary capacity, rights, titles, interests and/or consents required to grant such a license to Early Bird.

USE LICENSE. Subject to your compliance with the terms and conditions of this Agreement, and the truthfulness of your representations and warranties as set forth herein, Early Bird hereby grants to you a revocable, limited, non-exclusive, non-assignable, non-sub-licensable, and non-transferable license to visit, access, and use the Website solely in accordance with this Agreement (your “License”). This License does not grant you any other express or implied right, and you are prohibited from: (i) removing any logos, or copyright or trademark notices or any other notice displayed in any Intellectual Property, Content or any other item displayed, posted on, or otherwise made available on or through the Website; (ii) reproducing, downloading, publicly displaying or performing, modifying, publishing, distributing, broadcasting, transferring, transmitting, disseminating, licensing, selling, renting, leasing, adapting, deriving, or in any way exploiting the Content or the Intellectual Property without Early Bird’s prior written consent; (iii) using any automated means, including, but not limited to, scripts, bots, spiders, crawlers, or data mining tools to survey, download, assess or use the Content or the Intellectual Property available on, displayed on or otherwise made available through the Website; (iv) reverse engineering the Website or any part thereof; and/or (v) infringing the intellectual-property rights of Early Bird or others.

WEBSITE USE RESTRICTIONS. In using, accessing or visiting the Website, you represent, warrant, acknowledge and agree that you will follow all relevant laws, regulations, ordinances and statutes. Early Bird, in it sole discretion may immediately bar, terminate, or end your visitation of, access to, or use of the Website, and any part thereof, including, but not limited to any account, without notice, for any action or conduct that Early Bird believes is: (i) fraudulent, abusive, harassing or illegal, (ii) a violation of this Agreement or any other guidelines or rules displayed on the Website, or (iii) harmful to any person or Early Bird. Use of, access to, or visitation of the Website, or any part thereof, including on or through any account, for fraudulent, abusive or illegal purposes may be referred to law enforcement without notice.

You acknowledge and agree that you are solely responsible for any information, content, material or item you submit, post, upload, or otherwise make available on or through the Website and that Early Bird is devoid of any and all responsibility regarding same. Early Bird does not monitor or control the content or information that may be posted, submitted, uploaded or otherwise made available on or through the Website by users, and, accordingly does not guarantee the veracity, suitability, quality, or reliability of same. Early Bird is not required to pre-screen any information or content posted, uploaded or otherwise made available on or through the Website by others. Early Bird shall not be liable in any way for any content or information that may be posted, submitted, uploaded or otherwise made available on or through the Website by users. Nor shall Early Bird be liable in any way for any damage or loss resulting from your use of or inability to use the Website or any content, material, item or information posted, submitted, uploaded or otherwise made available via the Website by you. You acknowledge and agree that Early Bird, in its sole discretion, may decline to store, post, display or otherwise make available on or through the Website any information or content provided by you, and Early Bird may remove, move or modify any such information or content, at any time, for any reason, including, but not limited to, in accordance with the license to same granted by you in this Agreement.

You agree not to use, visit or access the Website, or any part thereof, including but not limited to any account, for any unlawful purpose or in any way that is a breach of this Agreement, that is prohibited by this Agreement, or that exposes Early Bird to liability.

You further agree not to in any way make available on or through the Website: (1) any material that is insulting, bigoted, hateful, pornographic, racially offensive, obscene, harassing, a violation of another’s privacy, discriminatory, defamatory, libelous, fraudulent, deceptive, abusive, harmful, threatening, or which endorses or advocates illegal activity, including, but not limited to, threats of injury or harm to the body or property of another; (2) any material to which you have no a right to disseminate or otherwise disclose; (3) any content that infringes upon the intellectual-property rights of another, including, but not limited to copyrights, trademark or trade dress rights, trade secret rights, patent rights, likeness rights, rights of publicity, or otherwise, without authorization; and/or (4) any unauthorized or unsolicited communication, promotion, marketing, pyramid schemes, “spam,” junk mail, chain letters, or any other proposition, solicitation or offer of a deceptive, disruptive or abusive nature.

You also agree to refrain from: (1) impersonating another or assuming the identity of a false person during your use of the Website; (2) registering or trying to register an account as or for another person or as a false identity; and/or (3) collecting email addresses in order to send unsolicited messages, or collecting or harvesting any personally identifiable information of other users of the Website, including, but not limited to account names and email addresses.

You are prohibited from taking any action that imposes, or may impose, an unreasonable or disproportionately large load on Early Bird’s technology infrastructure and/or from otherwise making excessive demands on it, attacking the Website via a denial-of-service attack or a distributed denial-of-service (DDoS) attack, or in any other way seeking to damage, disable, overburden, impair or deny use of or access to any Website server or the network(s) connected to any Website server, uploading files that contain or are viruses, worms, Trojan horses, ransom-ware, bots, time bombs, cancel-bots, corrupted files, or any other similar software, programs, or files that may damage or hinder the operation of the Website or another’s computer or property, or interfere with any other user’s use or enjoyment of the Website.

You shall not try to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website, including, but not limited to seeking to disable, circumvent, or otherwise interfere with any security related features of the Website, features that prevent or limit use or copying of Website content, or features that enforce limits on the use of the Website or the content thereon.

You shall not attempt to “frame” or “mirror” the Website without the express advance written authorization of Early Bird.

You acknowledge, consent to and agree that Early Bird may disclose, preserve and access account information, registration information and/or any information related to any item or content you post, upload, display, or otherwise make available on or through the Website, for any reason.

ACCOUNTS, SECURITY AND CONFIDENTIALITY. In accessing the Website in accordance with this Agreement, it may be possible for you to register for an account. Registration is for each single user only. To register, you must complete the registration process by providing Early Bird with true and correct information as prompted by the Website during the registration process. During said process you may be asked to choose a password and an available username.

You are responsible for all actions that occur through your account. You are required to promptly notify Early Bird of any known or suspected unauthorized use of your account or any other breach of security thereof. The maintenance of the confidential nature of your password and account is your responsibility.

Early Bird will not be liable for any loss or damage that you may incur as a result of your or someone else’s use of your password or account, with or without your knowledge. Further, you may be held liable for losses or damages incurred by Early Bird or any other party due to your use or someone else’s use of your account or password. You acknowledge that any personal information you provide to the Website is in accordance with the Privacy Policy. Further, you acknowledge that any content posted, uploaded or otherwise made available by you or at your direction on or through the Website may, can and/or will be publicly available or accessible.

Early Bird makes no guarantees about the truth of any information that other users of the Website may post or otherwise make available or communicate through the Website. You acknowledge that it is your responsibility to protect yourself when interacting with other users of the Website. Early Bird shall not be responsible for any claims arising from any interaction you may have with any other person, face-to-face or online, as a result of your use of the Website.

By registering for an account, you consent to receiving electronic communications from Early Bird concerning your account, or otherwise. These communications may involve sending emails to the email address you provided during registration of your account or the posting or providing of content on, to or through the Website. These emails will include notices about your account (e.g., authorizations, changes in account or registration information, confirmations, and other transactional information). You also consent to receiving other communications from Early Bird Sport including newsletters about Early Bird events, new Website features and content, special offers, promotional announcements, and advertisements, and other information via email or other methods. You acknowledge that communications you receive from Early Bird may contain adult humor. You acknowledge that any notices, agreements, disclosures, or other communications that Early Bird sends to you electronically will satisfy any legal communication requirements, even where required to be in writing.

PRIVACY POLICY. All information about you, including in any account you may have registered or in any information stored or transmitted in any way on or through the Website is subject to Early Bird’s Privacy Policy.

THIRD-PARTY LINKS. The Website may contain links to third-party websites that are not maintained by, associated with, or related to Early Bird. You acknowledge that Early Bird is not responsible or liable for (1) the availability or accuracy of the information on those websites; or (2) the materials, products, or services on or available from those websites, or the parties advertised thereby. Early Bird is not making any statements about the content, completeness, or accuracy of any third-party websites to which the Website may link. Any link to a third-party website does not imply any endorsement by Early Bird of that website, unless where specifically stated. You acknowledge that you are solely responsible for and assume all risk arising from your use of any third-party websites, including, but not limited to, when accessed via links on the Website.

Through the Website, you may have the ability to access, visit, or use content provided by third parties. Early Bird cannot guarantee that third-party content will be free of content you may find objectionable or unsuitable. Early Bird will not be liable to you or any other party for your access of, visitation of or use of any third-party content, including, but not limited to, when accessed via links on the Website.

TERMINATION. Early Bird may, in its sole discretion, terminate this Agreement with you for any reason and at any time. Early Bird may also suspend, disable, or cancel your access to the Website (or any part of it) for any reason, including but not limited to, in the event Early Bird, in its sole discretion, determines that you have breached this Agreement or that your conduct might damage Early Bird’s business, reputation or goodwill.

On termination, your right to access or use the Website and all licenses granted by Early Bird via this Agreement terminate. Termination of your access to or use of the Website will not relieve you of any of your obligations arising or accruing before termination or limit any liability that you otherwise may have to Early Bird or any third party. Nor does termination of this Agreement in any way terminate any license granted by you to Early Bird under the terms of this Agreement.

This Agreement’s provisions that, by their nature are meant to and should survive termination will survive termination, including ownership provisions, indemnification clauses, your representations and warranties, your acknowledgements, and your disclaimers, exclusions, and limitations of liability.

LIMITATION OF LIABILITY AND RELEASE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO WILLFULNESS OR NEGLIGENCE, SHALL EARLY BIRD, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RESULTING, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM: (1) ANY INFORMATION OR CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE; (2) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, DISRUPTIONS, ERRORS, DISCLOSURES OF COMMUNICATIONS, INACCURACIES, MISTAKES, DEFECTS, LOSSES, DELETIONS, NONDELIVERY OF INFORMATION, DELAYS OR TERMINATIONS IN TRANSMISSION OR OPERATION, OR ANY OTHER FAILURE OF PERFORMANCE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) PERSONAL OR PROPERTY DAMAGE OR INJURY OF ANY KIND WHATSOEVER, ARISING FROM YOUR VISITATION OF, ACCESS TO OR USE OF THE WEBSITE; (5) ANY MALICIOUS CODE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; (6) YOUR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR REPRESSENTATIONS, ACKNOWLEDGEMENTS, AGREEMENTS AND WARRANTIES MADE HEREIN; (7) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR OTHER SERVICES, COMPUTERS, DEVICES, OR SOFTWARE; AND/OR (8) ANY ERRORS OR OMISSIONS ON THE WEBSITE OR IN ANY CONTENT POSTED TO OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER OR NOT BASED ON STATUTE, CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY, AND WHETHER OR NOT EARLY BIRD IS OR WAS AWARE OF THE POSSIBILITY OF SUCH. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ALL JURISDICTIONS. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE THAT EARLY BIRD SHALL NOT BE LIABLE FOR ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE BY YOU OR ANY OTHER USER OF THE WEBSITE, NOR THE OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY THIRD PARTY ACCOMPLISHED ON OR THROUGH THE WEBSITE AND THAT THE RISK OF HARM OR DAMAGE FROM ANY OF THE FOREGOING RESTS, WITHOUT LIMITATION, SOLELY AND COMPLETEY WITH YOU.

You hereby release Early Bird, its assigns, subsidiaries, affiliates, licensors, service providers, employees, agents, officers, and directors from any and all liability arising out of or in any way related to your use of, access to, or visitation of the Website.

INDEMNIFICATION. You hereby agree to indemnify, defend and hold harmless Early Bird, its subsidiaries, affiliates, assigns, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties” or an “Indemnified Party”) for any loss, damages or claim, including but not limited to attorney’s fees and costs, of the Indemnified Parties’ that are caused by your: (1) access of, use of, of visitation of the Website; (2) conduct on or through the Website, including, but not limited to your posts, uploads or other communications on, to, or through the Website; (3) breach of any part of this Agreement, including, but not limited to any covenant, term, condition, acknowledgement, representation or warranty; (4) actual or alleged violation of the rights of any person or entity, including intellectual property rights or rights of privacy; (5) actual or alleged violation of any local, state, federal, and international law; and/or (6) actual or alleged negligent, fraudulent, intentional or criminal conduct.

If the Indemnified Party possesses your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim that you are required to indemnify and defend. The Indemnified Party’s failures to give you notice does not end your obligation to indemnify, defend and hold harmless the Indemnified Party, except if a failure to give notice prejudices your ability to defend or mitigate damages.

The Indemnified Party shall have control over defending any claim (including settling it), unless the Indemnified Party directs you, in writing, to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any dispute without the Indemnified Party’s prior written consent. If you want to continue defending a claim an Indemnified Party wishes to settle, you shall post a bond (in the amount, form, and content satisfactory to the Indemnified Party, taking into account the size of the claim and the anticipated defense costs) securing the Indemnified Party or its insurers against any and all costs and expenses in excess of the amount at which the Indemnified Party was willing to pay to settle such claim including, without limitation, any reasonable outside attorneys’ fees, judgments and penalties.

The indemnity and duty to defend and hold harmless supplied by this “Indemnification” section to any Indemnified Party is of no limitation to any other legal or equitable rights or remedies any Indemnified Party may otherwise have.

MISCELLANEOUS. This Agreement constitutes the whole agreement between you and Early Bird concerning your access to, visitation of and/or use of the Website and any part thereof, including but not limited to any account, and supersedes all prior or contemporaneous agreements between you and Early Bird regarding your use of, access to and/or visitation of the Website. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intent of the parties, and the balance of the provisions of this Agreement shall remain in full force and effect. Early Bird’s decision not to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The laws of the State of California shall be the only laws applicable to the interpretation of this Agreement, without regard to its conflicts of laws provisions. You agree that the state and federal courts located within Los Angeles County have exclusive and personal jurisdiction over you with regards to any dispute arising from this Agreement or your use of, access to, or visitation of the Website. For purposes of this section, the Website and all operations thereof will be deemed solely based in or arising from Los Angeles, California, and the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Early Bird, either specific or general, in any other jurisdiction or venue. If any action is necessary to enforce any provision of this Agreement, including any claims or demands, or to interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which it may otherwise be entitled. All claims must be brought in the parties’ individual capacity, and not as a representative plaintiff or class member in any purported class or representative proceeding. Both parties acknowledge that each party is waiving the right to participate in a class action. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. No party is an agent of the other, and neither party has the right to bind the other to any agreement with a nonparty. This Agreement is not for the benefit of any third party and shall be deemed not to give any right or remedy to such third party, whether referred to herein or not. This agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns, if applicable. No provision of this Agreement shall be construed against or be interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured, dictated or drafted such provision. Further, section headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of any section of this Agreement or of the Agreement itself.