Terms - Bird Vet Near Me

Website Terms, Conditions, and Notices

Thank you for visiting the BirdVetNearMe website and mobile applications (collectively referred to as the “Website”). The Website is designed solely to assist customers in finding bird vet locations and for no other purposes. The terms “we,” “us,” and “our” refer to BirdVetNearMe, while the term “you” refers to the user who interacts with the Website, contributes content, and/or completes a booking on the Website or through our customer service agents.

This website is provided to you on the condition that you accept, without modification, all the terms, conditions, and notices outlined below (collectively referred to as the “Agreement”). By accessing or using this website in any manner, or engaging with BirdVetNearMe, you agree to be bound by the Agreement and confirm that you have read and understood its terms. Please read the Agreement carefully, as it contains vital information regarding your legal rights, limitations on those rights, as well as details on applicable law and dispute jurisdiction. You should also review our Privacy Policy, which governs your use of the website and is incorporated by reference into this Agreement. If you do not accept all these terms and conditions, you may not use this website or make any bookings.

We may change or otherwise modify this Agreement in the future, and you understand and agree that your continued use of this Website or engagement with BirdVetNearMe after such change signifies your acceptance of the updated or modified Agreement. Any revisions will take effect upon posting. We encourage you to print a copy of this Agreement and return to this page periodically to review the most current version.

Your Promises To BirdVetNearMe

As a condition of your use of this Website and your engagement with BirdVetNearMe, you agree that: (i) all information you provide on this Website is true, accurate, current, and complete, and is indeed yours, rather than being copied from someone else; (ii) if you have a BirdVetNearMe account, you will protect your account information and will supervise and be fully responsible for any use of your account by anyone other than yourself; and (iii) you are 18 years of age or older. BirdVetNearMe does not knowingly collect information from anyone under 18, and you must be at least 18 years old to register for an account or contribute to our website. We reserve the right, at our sole discretion, to deny access to anyone to this Website and the services we offer, at any time and for any reason, due to violations of this Agreement or otherwise. You acknowledge that some information on the Website was provided to us by third parties, through licenses or otherwise, and that we are not responsible for any errors, omissions, or misinformation present on the Website.

Restrictions

The content and information provided on this website (including, but not limited to, messages, data, text, compilations, sound, photos, graphics, video, maps, icons, software, code, or other materials), as well as the infrastructure used to offer this content and information, is our proprietary property. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or resell any information, software, products, or services obtained from or through this website.

Furthermore, you agree not to:

Do not use this website or its contents for any commercial purpose.
access, monitor, or copy any content or information from this website using robots, spiders, scrapers, or other automated methods, as well as any manual processes, for any purpose without our explicit written consent;
violate any restrictions specified in the robot exclusion headers on this Website or bypass any other measures intended to prevent or limit access to this Website;
take any action that imposes, or could impose, at our discretion, an unreasonable or disproportionately large burden on our infrastructure;
“frame,” “mirror,” or otherwise integrate any part of this Website into another website without our prior written consent; or
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs associated with BirdVetNearMe in relation to the Website or the services.

Reviews, Comments, And Use Of Other Interactive Areas

We want to hear from you. Please note that by posting, distributing, sending, or transmitting any content (excluding booking reservation submissions, but including reviews, feedback, comments, questions, suggestions, ideas, messages, text, graphics, photos, videos, or any other information of any kind) (collectively, “Submissions”) to this Website—whether by email, phone, text message, instant message, form submission, or through any other interaction with the Website or communication tools used by BirdVetNearMe—you irrevocably grant, and represent and warrant that you have the right to grant, to BirdVetNearMe and its affiliates a non-exclusive, royalty-free, perpetual, fully assignable, transferable, and sublicensable worldwide right to use the Submissions for any purpose. These rights include, but are not limited to, the right to use, reproduce, modify, adapt, reformat, translate, distribute, publish, create derivative works from, and publicly display the Submissions in any media, now known or hereafter devised, and to allow others to do the same in relation to their own websites and media platforms (“Sublicensees”). You also irrevocably grant BirdVetNearMe, its affiliates, and Sublicensees the right to use the name you submit in connection with any Submissions. You acknowledge that BirdVetNearMe may choose to provide attribution for any Submissions at its discretion. Additionally, you irrevocably grant all users of this Website, as well as users of any Sublicensees, the right to access the Submissions, including those that may be reproduced, modified, adapted, reformatted, translated, or otherwise distributed, in connection with their use of this Website or the services of any Sublicensees. Finally, you irrevocably waive, and cause to be waived, against BirdVetNearMe and its users any claims or assertions of moral rights or attribution concerning the Submissions. You grant BirdVetNearMe the right to pursue in law any person or entity that violates your or BirdVetNearMe’s rights regarding the Submissions. You acknowledge that all Submissions are non-confidential, non-proprietary, and originated from you. You are prohibited from posting materials that are copyrighted by others or in which others may have intellectual property rights or other rights.

Specifically, regarding submissions that include photographs, you represent and warrant that you have personally taken these photographs and hold the copyright to them, or that you have obtained explicit permission from the copyright owner to permit the photographs to be used and/or shared by BirdVetNearMe, its affiliates, and any sublicensees in accordance with the terms of this agreement. You also affirm that all individuals appearing in your photographic submissions (and, in the case of minors, their parent or guardian) have granted express permission to be photographed and have authorized the use and/or sharing of these photographs by BirdVetNearMe, its affiliates, and any sublicensees as outlined in the terms of this agreement. You agree not to submit photographs containing logos, branding, promotional materials, or any other content intended for commercial purposes. Additionally, you agree not to submit photographs that violate the copyright, trademark, or other property rights of any third party.

This website may feature discussion forums, bulletin boards, review services, or other areas where you or third parties can post reviews of travel experiences or other content, messages, materials, or items on this website (“Interactive Areas”). If BirdVetNearMe offers such Interactive Areas, you are solely responsible for your use of them and engage with them at your own risk.

By using any Interactive Areas, you expressly agree not to post, upload, transmit, distribute, store, create, or otherwise publish anything through this Website, either directly or indirectly, by yourself or through others:

Any submissions that are illegal, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
Submissions that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or breach any local, state, national, or international law— including, but not limited to, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange, or NASDAQ;
Submissions that may infringe upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.
Submissions that impersonate any individual or entity, or misrepresent your affiliation with any person or entity, including BirdVetNearMe, are prohibited;
unsolicited promotions, political campaigns, advertising, contests, raffles, or solicitations;
private information of any third party, including but not limited to surnames (last names), addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
viruses, malware, corrupted data, or other harmful, disruptive, or destructive files;
Submissions that do not relate to the topic of the Interactive Area(s) where they are posted;
Submissions or links to content that, in the sole discretion of BirdVetNearMe:
1. violates the previous subsections herein,
2. restricts or prevents any other person from using or enjoying the Interactive Areas or this Website, or
3. may expose BirdVetNearMe, its affiliates, or its users to any harm or liability of any kind.

BirdVetNearMe accepts no responsibility and assumes no liability for any submissions or other content posted, stored, or uploaded by you or any third party or for any loss or damage resulting therefrom. BirdVetNearMe is also not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, BirdVetNearMe is not liable for any statements, representations, submissions, or other content provided by its users in any public forum, personal homepage, or other interactive area. Although BirdVetNearMe has no obligation to screen, edit, or monitor any of the submissions or other content posted to or distributed through any interactive area, BirdVetNearMe reserves the right, and has complete discretion, to remove, screen, translate, or edit without notice any submissions or other content posted or stored on this website at any time and for any reason. BirdVetNearMe may also have such actions performed by third parties on its behalf. You are solely responsible for creating backup copies of and replacing any submissions you post or store on this website at your own cost and expense. BirdVetNearMe does not compensate users for submissions or other content or for any other activities in any way connected with the website.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Submissions, you hereby assign those rights to BirdVetNearMe and declare that: (a) you do not require any personally identifiable information to be associated with the Submissions, or any derivative works or their upgrades or updates; (b) you have no objection to the publication, use, modification, deletion, and exploitation of the Submissions by BirdVetNearMe, its affiliates, any Sublicensees, as well as its successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to all moral rights of an author in any of the Submissions; and (d) you forever release BirdVetNearMe, its affiliates, any Sublicensees, as well as its successors and assigns from any claims that you could otherwise assert against BirdVetNearMe based on any such moral rights.

Any use of the Interactive Areas or other sections of this website that violates the aforementioned terms breaches this Agreement and may lead to consequences such as the termination or suspension of your rights to access the Interactive Areas and/or this website.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS BIRDVETNEARME’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

BIRDVETNEARME MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY BIRDVETNEARME. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BIRDVETNEARME DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM BIRDVETNEARME, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIRDVETNEARME HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL BIRDVETNEARME (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BIRDVETNEARME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If BirdVetNearMe is found liable for any loss or damage arising from or connected to your use of the Website, BirdVetNearMe’s total liability will never exceed, in total, the greater of (a) the transaction fees you paid to BirdVetNearMe for the transaction(s) on this Website that led to the claim, or (b) One-Hundred Dollars ($100.00 USD).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of BirdVetNearMe.

Indemnification

You agree to defend and indemnify BirdVetNearMe, its sublicensees, and its affiliates, along with any of their officers, directors, employees, and agents, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees and costs, brought by third parties as a result of:

your breach of this Agreement or the documents referenced herein;
your violation of any law or the rights of a third party; or
your use of this Website.

Links To Third-Party Sites

This website may contain hyperlinks to sites operated by parties other than BirdVetNearMe. These hyperlinks are provided for your reference only. We do not control these sites and are not responsible for their content or the privacy practices of those sites. Additionally, it is your responsibility to take precautions to ensure that any links you select or software you download (whether from this website or elsewhere) is free from items like viruses, worms, trojan horses, defects, and other harmful components. Our inclusion of hyperlinks to these sites does not imply any endorsement of the material on those sites or any affiliation with their operators.

Software Available On This Website

The BirdVetNearMe website is managed and operated by BirdVetNearMe from its offices in United States. BirdVetNearMe does not represent that the materials on the website are suitable or available for use outside the United States. Individuals who choose to access the BirdVetNearMe website from outside the United States do so at their own risk and are responsible for adhering to local laws, as applicable. Software available on the website is also subject to United States export controls. No software from the website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country under U.S. embargo, or (b) to anyone included on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the website, you affirm that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Any software that is made available to download from the Website (“Software”) is the copyrighted work of BirdVetNearMe, or BirdVetNearMe affiliates, or other third party as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that BirdVetNearMe and/or its affiliates own all Software, including, without limitation, all HTML, XML, Java code, and Active X controls contained on this Website. The software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS NOT WARRANTED UNLESS OR EXCEPT AS STATED IN THE LICENSE AGREEMENT.

Copyright And Trademark Notices

All contents of this website are ©2025 BirdVetNearMe. All rights reserved. BirdVetNearMe is not responsible for content on websites operated by parties other than BirdVetNearMe. The federally registered trademark/service mark and all other proprietary product or service names or slogans displayed on this website are registered and/or common law trademarks and service marks of BirdVetNearMe and/or its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BirdVetNearMe or the applicable trademark/service mark holder. Additionally, the look and feel of this website, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of BirdVetNearMe and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BirdVetNearMe. All other trademarks, registered trademarks, service marks, product names, and company names or logos mentioned on this website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by BirdVetNearMe.

If you notice an infringement of either your brand or ours, please inform us by following our Copyright Complaint Policy below and by emailing us at contact@BirdVetNearMe.com.

Copyright Complaint Policy

Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying BirdVetNearMe that your copyrighted material has been infringed.

Please provide the following information in the following format, item by item:

A clear identification of the copyrighted work you claim was infringed. Please provide the URL address if possible.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
Your name, mailing address, telephone number and email address.
Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If material you have posted has been taken down, you may file a counter-notification by email or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

A clear identification of the specific content that was removed or disabled and the location that content appeared on the Website. Please provide the URL address if possible.
Your name, mailing address, telephone number and email address.
Include a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which BirdVetNearMe may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
The notice must be signed by the person authorized to act on behalf of the initial notice recipient.

Notices and counter-notices of claims of copyright infringement should be emailed to: contact@BirdVetNearMe.com

We recommend consulting your legal advisor before filing a notice or counter-notice. Additionally, be aware that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, BirdVetNearMe has adopted a policy to terminate, in appropriate circumstances and at its sole discretion, subscribers or account holders who are identified as repeat infringers. Additionally, BirdVetNearMe may at its discretion restrict access to the Website and/or terminate the accounts of any users who infringe the intellectual property rights of others, regardless of whether there is any repeat infringement.

Jurisdiction And Governing Law

This website is operated by a U.S. entity, and the laws of New Jersey govern this agreement. You hereby consent to the exclusive jurisdiction and venue of the courts in New Jersey and agree that proceedings in these courts are fair and convenient for all disputes arising from or related to the use of this website. You acknowledge that any claims you may have against BirdVetNearMe arising from or relating to this website must be heard and resolved in a court with competent subject matter jurisdiction in Bergen County, New Jersey. The use of this website is unauthorized in any jurisdiction that does not enforce all provisions of these terms and conditions, including, without limitation, this paragraph.

General Provisions

You agree that no joint venture, agency, partnership, or employment relationship exists between you and BirdVetNearMe and/or its affiliates as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found to be invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations stated above, the invalid or unenforceable provision will be substituted with a valid, enforceable provision that closely reflects the intent of the original provision. The rest of the Agreement will continue to be effective. No action or inaction by BirdVetNearMe will be regarded as a waiver of any term of this Agreement unless it is documented in a separate writing signed by an authorized representative of BirdVetNearMe. We may notify you about the Website by sending an email to your last known email address, and such notice will be considered delivered and received on the date it is sent.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and BirdVetNearMe regarding this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BirdVetNearMe concerning this Website. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or related to this Agreement, to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. If either you or we terminate this Agreement, the terms that reasonably should survive termination will remain in effect. You agree not to take any actions that would circumvent the terms of this Agreement or otherwise violate its intended spirit.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Customer Assistance

If you have any questions regarding this Agreement, please reach out to us via email at contact@birdvetnearme.com.