Terms and Conditions of

Hummingbird

Welcome to Hummingbird.

These terms and conditions outline the rules and

regulations for the use of

Hummingbird Growth and Automation

(“Hummingbird”).

Hummingbird is located at: 12873 King St, Broomfield,

CO 80020

TERMS OF SERVICE AGREEMENT Last Revised:

11/21/2024

This Agreement sets forth the terms and conditions that

apply to your access and use of the Website owned

and operated by Hummingbird (the “Hummingbird

Website”) and related services.

By using the Hummingbird Website you agree to be

bound by the terms and conditions of this Agreement

and Hummingbird’s Privacy Policy, as they may be

amended from time to time in the future (see

“Modifications” below).

Definitions

“Billable Users” means those types of Users (defined

below) for which we charge you fees as set forth on the

pricing sheet provided.

"Billing Period" means the period for which you agree to

prepay fees under an Order Form, which will be the

same as or shorter than the Subscription Term. For

example, if you subscribe to the Service for a one (1)

year Initial Subscription Term, with a twelve (12) month

upfront payment, the Billing Period will be twelve (12)

months.

"Order Form" or "Order" means the Hummingbird approved form or online subscription process by which

you agree to subscribe to the Service. Most Orders are

completed through our online payment process using

Elavon or via in-app purchase.

“Pricing Sheet” means the information sheet provided

by the Hummingbird representative during the sales

process. Or any pricing sheets that are shared with the

individual.

"Subscription Fee" means the amount you pay for the

Service.

"Subscription Term" means the Initial Subscription Term

and all Renewal Subscription Terms.

Accepting the Terms

By using the Software information, tools, features and

functionality located on the Hummingbird Website

(together the “Service” or “Services”), you agree to be

bound by this Agreement, whether you are a

"Visitor" (which means that you simply browse the

Hummingbird Website) or you are a "User" (which

means that you have signed up with Hummingbird).

The term “you” or "User" refers to a Visitor or a User. If

you wish to become a User and make use of the

Service, you must read this Agreement and indicate

your acceptance during the Sign up process.

You may not use the Service and you may not accept

this Agreement if you are not of a legal age to form a

binding contract with Hummingbird If you accept this

Agreement, you represent that you have the capacity to

be bound by it or if you are acting on behalf of a

company or entity that you have the authority to bind

such entity. Before you continue, you should print or

save a local copy of this Agreement for your records.

Privacy

For information about Hummingbird’s privacy practices,

please read Hummingbird’s Privacy Policy. This policy

explains how Hummingbird treats your personal and

corporate information, and protects your privacy, when

you access the Hummingbird Website and use the

Service

Description of the Service

Subject to the terms and conditions of this Agreement,

Hummingbird grants to you, during the term of this

Agreement, the non-transferable, non-sublicensable,

nonexclusive, revocable right to use the Service and

the Hummingbird’s Website for the sole purpose of

research, generate reports, and for personal use and

not for purposes of resale to public, dissemination to

third parties or for any other purpose. All use of the

Services not permitted in these Terms of Service are

strictly prohibited.

The Service is a web-based application that allows

Users to engage prospects in an automated way on

LinkedIn. You may access the Services by paying for

one or more licenses to a Hummingbird product. The

license determines the precise product and service plan

you have purchased.

We modify the Service from time to time, including by

adding or deleting features and functions, in an effort to

improve your experience. But we will not make changes

to the Service that materially reduce the functionality of

the Service provided to you during the Subscription

Term.

Your Data

In order to use our Services you must link a third party

email account to your Hummingbird account.

You retain full ownership of Your Data. We do not claim

any ownership over any of Your Data or have access to

view client data.

You are solely responsible for your conduct on LinkedIn and your LinkedIn Profile. Account limits and restrictions are set by LinkedIn and not Hummingbird. Hummingbird is not responsible for any account restrictions and/or account terminations executed by LinkedIn. You are solely responsible for the content

of Your Data and your communications with others

while using the Services. For example, it's your

responsibility to ensure that you have all rights and

permissions needed to comply with these Terms and to

avoid infringement or violation of any rights of others.

You acknowledge that Hummingbird has no obligation

to monitor any information on the Services and that we

are not responsible for the accuracy, completeness,

appropriateness of Your Data or any other information

or content you may be able to access using the

Services.

Hummingbird will not collect, use, or analyze general

information and data from its customers (including you)

other than to enhance the quality and nature of

Services. We will not market or publish general

information and statistics. Additional information about

what we do with Your Data and how we collect and use

other information relating to You and Your use of the

Services is explained in our Privacy Policy.

Sharing Your Data, Third Party Products and Your

Privacy

Subject to the limited exceptions specified in our

Privacy Policy, until you choose otherwise, all of Your

Data remains visible only to you. However, the

Services do allow you to share Your Data with others. If

you choose to share Your Data, we cannot be

responsible for what those other users do with Your

Data, so please carefully consider what you share and

with whom you share it.

A Third Party Product is any third party product,

application, service, software, network, system,

directory, website, database and/or information

obtained separately by you which links to the Services,

or which you may connect to or enable in conjunction

with the Services, including, without limitation, Third

Party Products which may be integrated directly into the

Services by you or at your direction. If you or your

Authorized Users (which shall be defined as any

employee, contractor, or agent of yours who is

authorized to use the Hummingbird Services and who

has access to the Hummingbird Services via a unique

username and password under your account) choose to

share Your Data in any manner, including through a

Third Party Product or integration you are solely

responsible for what that third party may do with Your

Data, and your relationship with that third party .

Likewise, you are solely responsible for any of the

effects a Third Party Product may have on Your Data,

including deleting or corrupting Your Data. You

acknowledge that Hummingbird is not responsible for

the disclosure of Your Data by you or your agents

(including your Authorized Users) to any third parties or

the effects of any Third Party Product on Your Data.

What we do with Your Data, and how we collect and

use other information relating to you generally is

explained in our Privacy Policy.

Limits

The limits that apply to you will be specified in your

billing invoice as discussed with the Hummingbird

representative, or in the Pricing Sheet provided. You will

be charged fees associated with all Billable Users. If

we make modifications to the limits set forth on the

Pricing Sheet that would negatively impact you, these

modifications will not apply to you until the start of your

next Renewal Subscription Term. On renewal, the

current product usage limits on our updated Pricing

Sheet or will apply to your subscription, unless you and

we otherwise agree.

Fees and Payments

Unless otherwise indicated on an Order Form or

Statement of Work (SOW), all fees will be due and

payable upon commencement of the Services (“Service

Fees”). If you fail to pay Service Fees within five (5)

business days of notice to you that payment is due or

delinquent, or if you do not update payment information

upon request, we may suspend or terminate access to

the Services by you or your Authorized Users.

You will pay all applicable sales, use, service, valueadded, consumption or other taxes associated with the Services you purchase.

Hummingbird will pay all taxes

on its income and all taxes and insurance associated

with its personnel. Payments made by credit card or

debit card may be billed and processed by an agent on

behalf of Hummingbird. Such agent shall act solely as a

billing and processing agent for and on behalf of

Hummingbird and shall not be construed to be

providing the Service. If you mandate the use of any

specific payment portal or other processing agent which

charges a fee to Hummingbird of any kind, you shall be

invoiced the cost of such fee and obligated to pay it.

After the Initial Term, the Service Fees are subject to

change and may be changed upon notice to you at

least sixty (60) days prior to the start of any Renewal

Term (as defined below).

1. Subscription Fees. The Subscription Fee will remain

fixed during the "Subscription Term" means the Initial

Subscription Term and all Renewal Subscription Terms

unless you (i) exceed Billable Users or other applicable

limits (see the “Limits” section above), (ii) upgrade

products or packages, or (iii) subscribe to additional

features or products. Where a price change applies to

you, we will charge or invoice you under the new price

structure, starting with the next Billing Period in the

Subscription Term. You may not downgrade your

subscription during the Subscription Term and in order

to avoid additional charges, you should purchase the

appropriate tier of Service for your anticipated needs.

2. Fee Adjustments in Next Billing Period. If you exceed

your Billable Users in a Billing Period, then your

Subscription Fee will increase at the beginning of the

next Billing Period up to tier price (as set forth on our

Pricing Sheet) which corresponds with the Billable

Users from the prior Billing Period. Any increase in

Subscription Fee in the current Billing Period will also

be charged to your next Billing Period. This process will

continue for each Billing Period during the Subscription

Term.

3. Payment by credit card is standard. If you are paying

by credit card, you authorize us to charge your credit

card or bank account for all fees payable during the

Subscription Term. You further authorize us to use a

third party to process payments, and consent to the

disclosure of your payment information to such third

party. If newly starting services with Hummingbird,

services will not be activated until initial payment has

been made.

4. Payment Information. You will keep your contact

information, billing information and credit card

information (where applicable) up to date. All payment

obligations are non-cancelable and all amounts paid

are non-refundable, except as specifically provided for

in this Agreement. All fees are due and payable in

advance throughout the Subscription Term.

5. Sales Tax. All fees are exclusive of taxes, which we

will charge as applicable. You agree to pay any taxes

applicable to your use of the Service. You shall have no

liability for any taxes based upon our gross revenues or

net income. If you are located in the European Union,

all fees are exclusive of any VAT and you represent that

you are registered for VAT purposes in your member

state. At our request, you will provide us with the VAT

registration number under which you are registered in

your member state. If you are subject to GST, all fees

are exclusive of GST. If you are required to deduct or

withhold any tax, you must pay the amount deducted or

withheld as required by law and pay us an additional

amount so that we receive payment in full as if there

were no deduction or withholding.

Subscription Term and Renewal

1. Initial Subscription Term. The initial subscription term

shall begin on the effective date of your subscription

and expire at the end of the period selected during the

subscription process ("Initial Subscription Term").

2. Renewal Subscription Term. Unless one of us gives

the other written notice by email of intention to not

renew the subscription ("Notice of Non-renewal"), this

Agreement will automatically renew for the Initial

Subscription Term ("Renewal Subscription Term"). The

Renewal Subscription Term will be on the current terms

and conditions of this Agreement, and subject to the

pricing provided in the initial agreement. See the ‘Limits’

section above for the applicability of product usage

limits on renewal. Notice of Non-renewal must be

successfully sent no fewer than thirty (30) days before

the end of the Subscription Term. The user must send

Notice of Non-renewal by email to

Team@hummingbird.org

3. End of Subscription Term. The Subscription Term will

end on the expiration date if the subscriber has

submitted a cancellation request in the above

mentioned time frame.

Third Party Sites & Content

The Service may permit you to see or link to other

websites or resources on the Internet, and other

websites or resources may contain links to the Site.

These other websites are not under Hummingbird’s

control, and you acknowledge that Hummingbird is not

responsible or liable for the content, functions,

accuracy, legality, appropriateness or any other aspect

of such websites or resources. The inclusion of any

such link does not imply endorsement by Hummingbird

or any association with its operators. You further

acknowledge and agree that Hummingbird shall not be

responsible or liable, directly or indirectly, for any

damage or loss caused or alleged to be caused by or in

connection with the use of or reliance on any such

content, goods or services available on or through any

such website or resource.

Your Profile Information & Confidentiality

You agree and understand that you are responsible for

maintaining the confidentiality of your password which,

together with your email address, allows you to access

the Service. That email address and password,

together with any or other user information you provide

form your “Profile Information.”

By providing us with your e-mail address, you agree to

receive all required notices electronically, to that e-mail

address. It is your responsibility to update or change

that address, as appropriate.

If you become aware of any unauthorized use of your

Profile Information, you agree to notify Hummingbird

immediately at the email address -

Team@hummingbird.org

PROPRIETARY RIGHTS

You understand that Hummingbird has disclosed or

may disclose business, technical or financial

information relating to its business (hereinafter referred

to as “Proprietary Information” of

Hummingbird). Proprietary Information of Hummingbird

includes non-public information regarding features,

functionality and performance of the Service. You

agree: (i) to take reasonable precautions to protect

such Proprietary Information, and (ii) not to use (except

in performance of the Services or as otherwise

permitted herein) or divulge to any third person any

such Proprietary Information. Hummingbird agrees that

the foregoing shall not apply with respect to any

information after five (5) years following the disclosure

thereof or any information that you can document (a) is

or becomes generally available to the public, or (b) was

in its possession or known by it prior to receipt from

Hummingbird, or (c) was rightfully disclosed to it without

restriction by a third party, or (d) was independently

developed without use of any Proprietary Information of

Hummingbird or (e) is required to be disclosed by law.

Hummingbird shall own and retain all right, title and

interest in and to (a) the Services and Software, all

improvements, enhancements or modifications thereto,

(b) any software, applications, inventions or other

technology developed in connection with support, and

(c) all intellectual property rights related to any of the

foregoing.

Your Use of the Service Comprises a Single License

Only

Your right to access and use the Hummingbird Website

and the Service is personal to you and is not

transferable by you to any other person or entity. You

agree not to disclose your password to any third party.

You are only entitled to access and use the

Hummingbird Website for lawful purposes.

You agree to provide true, accurate, current and

complete information about yourself, and you may not

misrepresent your Profile Information. In order for the

Service to function effectively, you must also keep your

Profile Information up to date and accurate. If you do

not do this, the accuracy and effectiveness of the

Service to you will be affected.

Your access and use of the Hummingbird Website may

be interrupted from time to time for any of several

reasons, including, without limitation, the malfunction of

equipment, periodic updating, maintenance or repair of

the Hummingbird Website or other actions that

Hummingbird, in its sole discretion, may elect to take.

We monitor and maintain 99.9% uptime or better and

notify you at the earliest possible time when there is

system-wide service disruptions and provide you with

an estimated time to recover.

Hummingbird’s Intellectual Property Rights

The Service and the contents of the Hummingbird

Website, including its “look and feel” (e.g., text,

graphics, images, logos and button icons),

photographs, editorial content, notices, software

(including html-based computer programs) and other

material are protected under Canadian, United States

and international copyright, trademark and other laws.

The contents of the Hummingbird Website belong or

are licensed to Hummingbird or its software or content

suppliers. You may download or print a copy of the

information provided on or by the Hummingbird Website

for your personal and internal use only. Any distribution,

reprint or electronic reproduction of any content from

the Hummingbird Website in whole or in part for any

other purpose is expressly prohibited without our prior

written consent.

Legal Compliance

You represent and warrant that you will comply with all

laws and regulations applicable to your use of the

Services.

General Prohibitions

You agree that you will not:

1. Use any robot, spider, scraper, deep link or other

similar automated data gathering or extraction tools,

program, algorithm or methodology to access, acquire,

copy or monitor the Service the Hummingbird Website

or any portion of the Service the Hummingbird Website,

without Hummingbirrd’s express written consent, which

may be withheld in Hummingbird’s sole discretion.

2. Use or attempt to use any engine, software, tool,

agent, or other device or mechanism (including without

limitation browsers, spiders, robots, avatars or

intelligent agents) to navigate or search the

Hummingbird Website, other than the search engines

and search agents available through the Service and

other than generally available third-party web browsers

(such as Google Chrome).

3. Post or transmit any file which contains viruses,

worms, Trojan horses or any other contaminating or

destructive features, or that otherwise interfere with the

proper working of the Hummingbird Website or the

Service; or

4. Attempt to decipher, decompile, disassemble, or

reverse-engineer any of the software comprising or in

any way making up a part of the Hummingbird Website

or the Service.

5. Attempt to circumvent or hack any security

requirement or process in the use of the Service or the

Hummingbird Website, or attempt to access any part of

the Service or the Hummingbird Website (or any of their

related systems, networks, servers or other equipment)

for which the User is not authorized to access, or

attempt to disrupt in any manner the operation of the

Service or the Hummingbird Website, its servers or

networks, or disobey any requirements, procedures,

policies or regulations of our networks connected to the

Hummingbird Website, or manipulate identifiers in order

to disguise the origin of any content transmitted on or

through the Hummingbird Website or the Service, or the

source of any content.

6. License, sublicense, rent or lease the Service to

third parties, use the Software for third party training,

commercial time-sharing or service bureau use, or

otherwise make the Service available to third parties or

otherwise commercially exploit the Service.

Your Responsibilities

1. You are responsible for your conduct, Content, and

communications with others while using the Services.

You must comply with the following requirements when

using the Services:

2. You may not purchase, use, or access the Services

for the purpose of building a competitive product or

service or for any other competitive purposes.

3. You may not engage in abusive or excessive usage

of the Services, which is usage significantly in excess of

average usage patterns that adversely affects the

speed, responsiveness, stability, availability, or

functionality of the Services for other users.

Hummingbird will endeavor to notify you of any abusive

or excessive usage to provide you with an opportunity

to reduce such usage to a level acceptable to

Hummingbird.

4. You may not use the Services to infringe the

intellectual property rights of others, or to commit an

unlawful activity.

5. Unless authorized by Hummingbird in writing, you

may not resell or lease the Services.

6. If your use of the Services requires you to comply

with industry-specific regulations applicable to such

use, you will be solely responsible for such compliance,

unless Hummingbird has agreed with you otherwise.

For example, you are responsible for submitting to

compliance and receive compliance approval for any

messaging to be used, or profile changes to be made

prior to implementation. You may not use the Services

in a way that would subject Hummingbird to those

industry-specific regulations without obtaining

Hummingbird’s prior written agreement. For example,

you may not use the Services to collect, protect, or

otherwise handle “protected health information” (as

defined in 45 C.F.R. §160.103 under United States

federal regulations) without entering into a separate

business associate agreement with Hummingbird that

permits you to do so.

7. Hummingbird integrates with third party platform

providers which maintain their own terms of service that

you are responsible for following. Users are responsible

for being aware of and accountable for following

applicable third party terms of service and that such

terms of service are subject to change without

Hummingbird’s knowledge. Hummingbird may extend

to you integrations, partnerships, or formal approvals

with platforms. As a user of Hummingbird you consent

to accepting responsibility for abiding by other

platforms’ applicable terms.

8. Hummingbird may provide tools through the Service

that enable you to interact with and export information

to third party services, including through features that

allow you to link your account on Hummingbird with an

account on the third party service. You are solely

responsible for maintaining your accounts on such third

party services in good standing and complying with any

applicable third party terms of service and laws. By

using one of these tools, you authorize Hummingbird to

act as your agent and to take actions on your behalf on

or through the third party services and you agree that

Hummingbird may transfer information to or from the

applicable third party services on your behalf and

execute commands on or through such services at your

direction.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND

PRODUCTS ASSOCIATED WITH THE

HUMMINGBIRD WEBSITE OR PROVIDED THROUGH

THE SERVICE OR THE HUMMINGBIRD WEBSITE

ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS

AVAILABLE” BASIS. HUMMINGBIRD MAKES NO

REPRESENTATIONS, CONDITIONS OR

WARRANTIES OF ANY KIND, EXPRESS OR

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING

BUT NOT LIMITED TO, THE CONTENT OR

OPERATION OF THE HUMMINGBIRD WEBSITE, THE

HUMMINGBIRD WEBSITE OR OF THE SERVICE

YOU EXPRESSLY AGREE THAT YOUR USE OF THE

SERVICE IS AT YOUR SOLE RISK.

HUMMINGBIRD MAKES NO REPRESENTATIONS,

CONDITIONS, WARRANTIES OR GUARANTEES,

EXPRESS OR IMPLIED, REGARDING THE

ACCURACY, RELIABILITY OR COMPLETENESS OF

THE CONTENT ON THE HUMMINGBIRD WEBSITE

OR OF THE SERVICE, OR WHICH IS DERIVED

FROM OR BY THE USE OF THE HUMMINGBIRD

WEBSITE OR THE SERVICE, AND EXPRESSLY

DISCLAIMS ANY WARRANTIES OF NONINFRINGEMENT OR FITNESS FOR A PARTICULAR

PURPOSE, THAT THE CONTENT AVAILABLE

THROUGH THE SERVICE IS FREE OF INFECTION

FROM ANY VIRUSES OR OTHER CODE OR

COMPUTER PROGRAMMING ROUTINES THAT

CONTAIN CONTAMINATING OR DESTRUCTIVE

PROPERTIES OR THAT ARE INTENDED TO

DAMAGE, SURREPTITIOUSLY INTERCEPT OR

EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL

INFORMATION.

HUMMINGBIRD IS NOT RESPONSIBLE FOR THE

ACTS OR OMISSIONS OF, OR FOR THE FAILINGS

OF, ANY THIRD-PARTY PROVIDER OF ANY

CONTENT, SERVICE, NETWORK, SOFTWARE OR

HARDWARE, INCLUDING BUT NOT LIMITED TO,

INTERNET SERVICE PROVIDERS,

TELECOMMUNICATIONS PROVIDERS, CONTENT

PROVIDED BY OTHER USERS, OR ANY SOFTWARE

OR HARDWARE NOT PROVIDED BY

HUMMINGBIRD.

THE SERVICE AND THE HUMMINGBIRD WEBSITE

IS PROVIDED FOR EVALUATION AND TESTING

PURPOSES ONLY, AND OWING TO ITS

EXPERIMENTAL NATURE, YOU ARE ADVISED NOT

TO RELY ON THE FEATURES OR PERFORMANCE

OF THE SERVICE AND THE HUMMINGBIRD

WEBSITE FOR ANY REASON. YOU AGREE TO USE

THE SERVICE AND THE HUMMINGBIRD WEBSITE

WITH ALL DUE CAUTION, AND TO TAKE EVERY

PRECAUTION TO ENSURE THE INTEGRITY OF

YOUR DATA, HARDWARE, SOFTWARE.

Limitations on Hummingbird’s Liability

HUMMINGBIRD SHALL IN NO EVENT BE

RESPONSIBLE OR LIABLE TO YOU OR TO ANY

THIRD PARTY, WHETHER IN CONTRACT,

WARRANTY, TORT (INCLUDING NEGLIGENCE) OR

OTHERWISE, FOR ANY INDIRECT, SPECIAL,

INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,

LIQUIDATED OR PUNITIVE DAMAGES, OR FOR ANY

LOSS OF PROFIT, DATA, REVENUE OR BUSINESS,

ARISING IN WHOLE OR IN PART FROM YOUR USE

OR ACCESS TO THE HUMMINGBIRD WEBSITE, THE

SERVICE OR THIS AGREEMENT, EVEN IF

HUMMINGBIRD HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE

CONTRARY IN THIS AGREEMENT, HUMMINGBIRD’S

LIABILITY TO YOU FOR ANY CAUSE WHATEVER

AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED, IN AGGREGATE

FOR ANY AND ALL CLAIMS ARISING OUT OF, OR

RELATED TO THIS AGREEMENT, TO THE LESSER

OF ONE HUNDRED DOLLARS OR THE TOTAL

AMOUNTS YOU HAVE ACTUALLY PAID FOR THE

SERVICE IN THE SIX MONTH PERIOD PRECEDING

THE EVENT GIVING RISE TO A CLAIM.

YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE

IN ANY CLASS ACTION OR HAVE A TRIAL BY JURY

FOR ANY MATTER, DISPUTE, PROCEEDING OR

ACTION ARISING OUT OF, OR RELATED TO, THIS

AGREEMENT.

Your Indemnification of Hummingbird

You shall defend, indemnify and hold harmless

Hummingbird and its officers, directors, agents, owners,

shareholders and employees, from and against all

claims, actions, proceedings, fees, costs, damages and

expenses, including but not limited to attorneys fees, in

whole or in part arising out of or attributable to any

breach of this Agreement by you or to any use by you of

the Service or the Hummingbird Website.

Modification

Hummingbird may modify this Agreement from time to

time. You will be notified of any and all changes to this

Agreement through a prominent notice on the

Hummingbird Website site or an email notice. In

addition, the Agreement will always indicate the date it

was last revised. You are deemed to accept and agree

to be bound by any changes to the Agreement when

you use the Service after those changes are posted.

Governing Law and Forum for Disputes

If there is any dispute between you and Hummingbird

about or involving the Hummingbird Website or the

Service, by using the Hummingbird Website or the

Service, you agree that the dispute shall be governed

by and construed in accordance with the laws of the

Province of British Columbia, Canada, and the federal

laws of Canada applicable therein without regard to its

conflict of law provisions. You hereby agree to submit to

the exclusive jurisdiction of the courts of the province of

British Columbia in respect to any claim, proceeding or

action relating to or otherwise arising out of or related to

this Agreement, the Hummingbird Website, or its

Service howsoever arising, provided always that

Hummingbird may seek and obtain injunctive relief in

any jurisdiction in relation to this Agreement.

Miscellaneous

If any portion of this Agreement is deemed unlawful,

void or unenforceable by any arbitrator or court of

competent jurisdiction, this Agreement as a whole shall

not be deemed unlawful, void or unenforceable, but

only that portion of this Agreement that is unlawful, void

or unenforceable shall be stricken from this Agreement.

You agree that if Hummingbird does not exercise or

enforce any legal right or remedy which is contained in

the Agreement (or which Hummingbird has the benefit

of under any applicable law), this will not be taken to be

a formal waiver of Hummingbird’s rights and that those

rights or remedies will still be available to Hummingbird.

All covenants, agreements, representations and

warranties made in this Agreement shall survive your

acceptance of this Agreement and the termination of

this Agreement.

Notwithstanding any term to the contrary contained in

this Agreement, the provisions which by their nature

ought reasonably to survive shall survive any actual or

purported termination or expiry of this Agreement, and

continue in full force and effect, including without

limitation all sections herein.

This Agreement represents the entire understanding

and agreement between you and Hummingbird

regarding the subject matter of the same, and

supersedes and replaces all other previous

agreements, including, without limitation all previously

posted agreements.

End of Terms of Service

Contact Us

If you have any questions or suggestions about our

Terms and Conditions, do not hesitate to contact us at

Team@hummingbird.org