Terms & Conditions

1. Acceptance of Terms

Welcome to LittleBird Holdings ("LittleBird," "we" or "us"). By accessing golittlebird.com and related websites and services (the "Site"), you agree to be bound by these Terms and all incorporated terms by reference.

By accepting these Terms, you represent that you are 18 years or older and have legal authority to accept on behalf of any person or entity you're representing. If you don't agree to every provision, you may not access or use the Site.

You represent and warrant that you have not been previously suspended or removed from the Site or engaged in activity that could result in suspension.

These Terms may be revised at any time. LittleBird may provide notice through the Site or other reasonable means. By continuing to use the Site, you confirm acceptance of revised Terms. If you do not agree to the revised Terms, you may not access or use the Site.

2. Registration and Personal Data

To access certain features, you may need to provide information. Each registration is for a single user only.

You agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update information; (c) be responsible for acts or omissions of third parties with authority to access the Site on your behalf; and (d) immediately notify LittleBird of any security breaches. If information is untrue, inaccurate, not current or incomplete, LittleBird may suspend or terminate your Site use.

By providing information, you consent to receive electronic communications from LittleBird including notices and promotional emails. You may opt out of promotional emails by following unsubscribe instructions provided.

3. License to Access and Use the Site and Content

Unless otherwise indicated, the Site and all content—including the LittleBird logo, designs, text, graphics, pictures, information, data, software, User Content, files and their arrangement (collectively, "Content")—are property of LittleBird, its licensors, or users, protected by U.S. and international copyright and other laws.

Subject to these Terms, you're granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved.

The license prohibits you from: (a) selling, reselling or using commercially the Site or Content; (b) distributing, publicly performing or displaying any Content; (c) modifying or creating derivative uses; (d) using data mining, robots or similar extraction methods; (e) downloading portions of the Site or Content (except page caching); (f) using the Site to stalk, threaten, or violate others' rights; (g) interfering with Site servers or networks; or (h) using the Site or Content for unintended purposes.

Any unauthorized use terminates this license and may violate copyright, trademark, and communications laws. You will not remove, alter or conceal copyright, trademark, service mark or other proprietary notices.

4. Trademarks

The LittleBird logo, and any other LittleBird product or service names, trademarks, logos, or other indicia ("Marks") that may appear on the Site are the property of LittleBird or its subsidiaries, affiliates or third parties. These Marks may not be copied, imitated or used, in whole or in part, without prior written permission.

5. Legal Requirements; Privacy Policy

LittleBird is committed to processing and protecting personal data collected through the Site in compliance with applicable privacy laws. LittleBird's policy is to retain personal data necessary to provide our services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations.

For additional information about your rights, data collection, processing, protection, sharing, and retention, see LittleBird's Privacy Policy at https://www.golittlebird.com/pages/privacy-policy-2021.

LittleBird may disclose IP addresses, personal information, and Site contents where legally compelled through judicial proceedings, court orders, warrants, administrative orders, civil investigative demands, subpoenas, or other valid process.

6. User Content

You are solely responsible for all data, information and materials ("User Content") you submit, upload, post, email or otherwise transmit through the Site. If you choose to submit to us, or otherwise make any User Content publicly available, you do so at your own risk.

You agree not to Transmit User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of privacy or racially, ethnically or otherwise objectionable.

You will not Transmit User Content: (i) you lack the right to Transmit; (ii) that infringes patents, copyrights, trademarks, intellectual property rights or misappropriates trade secrets or privacy rights; (iii) constituting unsolicited advertising, "spam," chain letters or pyramid schemes; or (iv) containing software routines, code, instructions or viruses designed to disable, delete, modify, damage or erase software, hardware or data.

Although LittleBird has no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason.

7. Rights in User Content

LittleBird does not claim ownership of your User Content. However, by uploading, posting or submitting User Content to the Site or LittleBird's third-party social media pages (Facebook, LinkedIn, Twitter), you grant LittleBird a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content.

8. Feedback

Separate from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information (collectively, "Feedback"). Feedback is non-confidential and shall become the sole property of LittleBird. LittleBird owns exclusive rights, including all intellectual property rights, in Feedback and is entitled to unrestricted use and dissemination for any purpose, commercial or otherwise, without acknowledgment or compensation.

9. Linked Sites

LittleBird has not reviewed all websites linked to the Site and is not responsible for third-party page content, other linked websites, or third-party products or services. Your choice to access a link to any other website is at your own risk. Third-party website links are provided as convenience and are neither owned nor operated by LittleBird.

10. Indemnification

You shall indemnify, hold harmless, and at LittleBird's option, defend LittleBird from all losses, damages, liabilities, and costs (including reasonable attorneys' fees) incurred by LittleBird resulting from third-party claims relating to your Site use, User Content, Feedback provided, violation of these Terms, or other acts or omissions by you. LittleBird shall have control of the defense or settlement of any third party claims, unless LittleBird exercises its option to require you to defend LittleBird.

11. Disclaimers

THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. To the fullest extent permissible by law, LittleBird makes no representations, warranties or endorsements regarding the Site, the Content, User Content, or transmission security.

LittleBird disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer viruses. LittleBird does not represent or warrant that the Site will be error-free or uninterrupted; that defects will be corrected; or that the Site or the server is free from harmful components.

12. Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LITTLEBIRD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA).

IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LITTLEBIRD ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO LITTLEBIRD FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

If you are a California resident, you waive rights under California Civil Code 1542, which addresses release limitations.

13. Arbitration and Class Action Waiver

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LITTLEBIRD.

You and LittleBird agree that any dispute, claim or controversy arising from or relating to these Terms or services shall be finally decided by binding arbitration under American Arbitration Association Consumer Dispute Rules. Any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision.

You and LittleBird waive the right to jury trial or class action participation. REGARDLESS OF THE FORUM, YOU AND LITTLEBIRD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this provision is unenforceable, the entire arbitration provision is void.

14. Modifications to the Site

LittleBird reserves the right in its sole discretion to modify, suspend or discontinue the Site (or any features or parts thereof) at any time, temporarily or permanently.

15. Special Admonitions for International Use

This Site is hosted in the United States of America. If you are located outside the United States and contact LittleBird, be advised that any information you provide will be transferred to the United States of America. By submitting information, you explicitly authorize such transfer.

16. Termination

Notwithstanding anything in these Terms, LittleBird reserves the right, without notice and in its sole discretion, to terminate your right to Site access or use at any time and for any or no reason. You will not be entitled to refunds of amounts already paid, to the fullest extent permitted by applicable law.

17. Governing Law and Jurisdiction

LittleBird operates the Site from Arizona, U.S.A. These Terms and the transactions they contemplate shall be governed by the laws of the State of Arizona, U.S.A. Except as provided in Section 18, the exclusive forum for resolving disputes relating to these Terms is state and federal courts in Phoenix, AZ, U.S.A.

18. Notice

All notices, demands or consents given under these Terms will be in writing and deemed given when delivered to LittleBird at [email protected]. Notices to you may be made via email or postal mail to the address in LittleBird's records or via Site posting.

19. Severability

If any Term provision is held invalid or unenforceable, that provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part or any other Term provision.

20. Procedure for Making Claims of Copyright Infringement

If you believe in good faith that any Site content infringes your copyright, provide LittleBird's copyright agent with written information including:

a. An electronic or physical signature of the person authorized to act on behalf of the copyright owner; b. A description of the copyrighted work you claim has been infringed; c. A description of where the allegedly infringing material is located on the Site; d. Your address, telephone number and email address; e. A statement that you have good faith belief that the disputed use is not authorized; and f. A statement, made under penalty of perjury, that the notice information is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

LittleBird's copyright agent for copyright infringement claims is:

Level Up Holding Co Inc. Attn: Danette Sosna, DMCA-10385026020 N. 55th Ave. Glendale, AZ 85301 [email protected]

21. Miscellaneous

These Terms constitute the entire agreement between you and LittleBird relating to your access to and use of the Site. These Terms and any granted rights and licenses may not be transferred or assigned without LittleBird's prior written consent. LittleBird's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.