HUMMINGBIRD
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:
10/05/2024
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