Terms of Use

Welcome to the BirdDogBot Community.

The terms 'BirdDogBot', 'BirdDogBot.com', 'us', or, 'we' refers to the owner of the website whose registered office is 55 Bloor Street West, PO Box 19555 Toronto, Ontario M4W 3T9, Canada. The term 'you' refers to the user or viewer of our website, software, and any other materials that can be downloaded and/or purchased from this site.

If you continue to browse and use this website and/or decide to download and/or purchase our software and/or content, you are agreeing to comply with and be bound by the following terms and conditions of use. These terms, which together with our privacy policy, govern BirdDogBot.com's relationship with you in relation to this website and any of our downloadable materials. If you disagree with any part of these terms and conditions, please do not use our website and please do not purchase or download anything from this website.

The use of this website and/or our downloadable materials are subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website or in our software for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website or information gathered by our software is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website and/or any of our downloadable materials meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, logos, graphics, and downloadable software. Reproduction is prohibited, other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced on this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorized use of this website and/or our software may give rise to a claim for damages and/or be a criminal offence.
  • BirdDogBot is not affiliated in any way with any of the companies and/or websites that are linked from our site. All names, websites, and registered trademarks are properties of their respective owners.
  • Information on this site, in our software, or any of our downloadable content, products, or materials is provided for reference purposes only and use of any of the information contained within is entirely at the reader's risk. BirdDogBot does not provide professional, legal, and/or investment advice and any information contained within this site or any of our downloadable products, content, and/or materials is not to be construed as neither professional, legal, and/or investment advice, whether implied or otherwise.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • By continuing to use our site, you understand these terms and agree to hold BirdDogBot and/or any of its affiliates, members, or partners harmless in any claim or event. If you cannot agree to these terms, do not proceed any further. Please leave the site immediately.
  • Any dispute arising out of such use of the website and/or our software is subject to the laws of Canada.

If you disagree with any of the terms, please leave this site immediately. Use of this site constitutes an acceptance of the above terms and conditions.

Software End User License Agreement

By installing and using any software provided on this site, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BirdDogBot.com's relationship with you in relation to this website and our software. If you disagree with any part of these terms and conditions, please do not use our website and please do not purchase, download, install, and/or use of our software products.

END USER LICENSE AGREEMENT FOR BIRDDOGBOT SOFTWARE

This EULA is a legal agreement between you (either an individual or a single entity) and BirdDogBot for all of the software products provided by BirdDogBot, which includes any downloadable computer software and/or other downloadable materials, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE. If you have already installed the SOFTWARE on your PC, please remove it immediately.

IMPORTANT: Be sure to carefully read and understand all of the rights and restrictions described in this BirdDogBot End-User License Agreement ("EULA"). In order to install and use any of the SOFTWARE provided by this site, you must accept the terms of this EULA. If you do not accept the terms, you must not install the SOFTWARE. If you do not accept the terms of this EULA and you have already installed the SOFTWARE, you must uninstall the SOFTWARE immediately.

BirdDogBot User Agreement

  1. BirdDogBot, including any demos or other downloadable materials, (the "Product") is software for which you are purchasing a non-transferable license to use the Product which Product, including any feature, may not be altered. This Product may only be used by persons aged 18 or older. This Product may not be used to contact persons under the age of 18 for any reason.
  2. Use of this Product to send unsolicited comments, information, or materials is prohibited.
  3. You agree to use this Product for your own, lawful purposes only. Such prohibited activities include, by way of example and not limitation, sending communications that contain child pornography; obscene or offensive materials; threats of harm or stalking; unsolicited commercial emails as defined by the CAN SPAM act; harassments; encouragements of violence, destruction of property, insurrection, or terrorism; fraudulent schemes; impersonations of other persons with intent to deceive; copyrighted material; and computer viruses, worms, and spiders.
  4. BirdDogBot is not associated with any search engine, site or proxy, and you agree to abide by all the terms and conditions of any search engines/sites/proxies for which you use this Product including by way of example and not limitation, restrictions on the content and number of communications that you may send, however described, within any given time period as those sites may from time to time establish. Accordingly BirdDogBot is not warranted or guaranteed as acceptable for use by any search engine/site presently or hereafter. You agree to accept responsibility for your use of this Product and any consequence or fine imposed upon you by any governmental entity, third party, or website and to indemnify and hold harmless the owner of this Product for any claims made resulting from your use of this Product. By purchasing and using this Product, you waive and release any claim for damages, indemnity, or reimbursement against the owner of this Product for any claims or fines imposed upon you for use of the Product.
  5. A violation of this Agreement, or use of the Product in violation of any law or rules of any search engine shall constitute an immediate revocation of the license to use the Product granted herein.
  6. There will be no refunds, credits, or exchanges after 30 days of initial purchase. All sales after 30 days of the initial purchase are final. There will be no refunds whatsoever for any recurring charges for continued use of any of our services beyond the initial 30 days of the start of such recurring services. It is your responsibility to cancel such services before any charges have been made to your account. There are no warranties, neither expressed nor implied concerning this Product beyond the inital 30 days of the initial sale. If you dispute a charge to your credit card issuer or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of the Terms of Use of this website and/or products, services, or downloadable materials, or under the terms of this EULA, you agree to pay us an "Administrative Fee" of $100 USD.
  7. The Product is being purchased "AS IS" and with all faults. The warranty of any fitness of this Product for your particular purpose is disclaimed. In addition to the limitations of liability referred to in this document; further, you agree that the owner of the Product's liability to you for any claim of damages, under any theory, is limited to the fees paid by you for license of the Product. You agree that the foregoing limitation on damages liability is a term material to the price you are paying that is lower then would otherwise be offered to you without said term.
  8. An "Unlimited" software license allows the purchaser unlimited use of the software on any number of separate computers, subject to your single BirdDogBot User Account. The license may not be shared between multiple users without the prior written consent of BirdDogBot. Using the software from more than one computer at the same time, or sharing BirdDogBot User Account passwords will cause the license to be suspended without refund and/or notice.
  9. When updates are made to the software, you may be required install the latest version of the software in order to run the software. While most software updates fix bugs, and add features, features may also be removed from the software without notice. No feature is guaranteed to be included or function the same way in future releases.

Software Product License

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

GRANT OF LICENSE. This EULA grants you the following rights:

  • Software. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer. The user for which this license has been granted may install multiple copies on other computers they own; however use must be limited to one computer simultaneously.
  • User Accounts. You may not share your account password with other individuals or entities without the written consent of BirdDogBot.
  • Accessing Services Using the SOFTWARE. Your use of any service accessible using the SOFTWARE is not covered by this EULA and may be governed by separate terms of use, conditions or notices.
  • Reservation of Rights. All rights not expressly granted are reserved by BirdDogBot.com.

Installation and Removal

The SOFTWARE can be installed and/or uninstalled using the setup package provided upon purchase. In the event that you have lost, or otherwise misplaced your initial setup package, you can also remove the software using the Windows Control Panel on your PC.

Restrictions

You must maintain all copyright notices on all copies of the SOFTWARE.

Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.

  • Rental. You may not rent or lease or lend the SOFTWARE.
  • Software Transfer. You may permanently transfer all of your rights under this EULA one time, provided you retain no copies. By doing so, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity). You cannot receive any payment or other compensation for transferring the SOFTWARE and the recipient agrees to the terms of this EULA.
  • Support Services. BirdDogBot.com may provide you with support services related to the SOFTWARE in its discretion.
  • Replacement, Modification and Upgrade of the Software. BirdDogBot.com reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by BirdDogBot.com shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superseded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). SOFTWARE upgrades and modifications may automatically take place without user intervention via the Internet when an Internet connection is available. In the event that BirdDogBot.com offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superseding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.

Copyright

All title and copyrights in and to the SOFTWARE (including but not limited to any images, text and graphical user interface designs incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are property of BirdDogBot.com. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation.

Export Restrictions

You agree that you will not export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S-export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges.