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Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to FoldedBird.com (the “Website”). The following Terms of Use (the “Agreement”) govern your use of this Website and any content associated with this website. The Website is owned and operated by FoldedBird.com (FoldedBird).

By using this website, including purchasing products from this website, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms & Conditions. If you do not agree to these terms of use, you may not use this website.

You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.

Terms of Service

FoldedBird, FoldedBird.com and associated companies grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the website for your personal use.

This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this website or its contents; any downloading or copying of information; or any use of data mining, robots, or data gathering and extraction tools.

Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FoldedBird.com. You may not use any meta tags or any other “hidden text” utilizing FoldedBird’s name or trademarks without the express written consent of FoldedBird.com. Any unauthorized use terminates the permission or license granted by FoldedBird.com and associated companies.

FoldedBird and FoldedBird.com reserve the right to change any information, features and functions of this website without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.

As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.

Copyright and Intellectual Property Ownership

The entire contents of the Website, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under Canada and other copyright laws, and is the property of FoldedBird.com and is protected by copyright and other intellectual property or proprietary rights. 

All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of FoldedBird and FoldedBird.com, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by FoldedBird and FoldedBird.com under the copyright laws of all countries. FoldedBird may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. FoldedBird reserves all rights not expressly granted in and to the Website and the Content.

FoldedBird Trademark

Unless otherwise noted, FoldedBird and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of FoldedBird and FoldedBird.com. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of FoldedBird and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited. 

Proper use of the FoldedBird name and trademarks is important. You may use the FoldedBird trademark to accurately describe or refer to FoldedBird’s website, goods and services. You may use the FoldedBird registered marks and trademarks to direct your visitors to the FoldedBird.com homepage or other pages on FoldedBird.com.

No Professional, Medical or Legal Advice

The information on this website has not been evaluated by the Food and Drug Administration (FDA) and is not intended to diagnose, treat, prevent, or cure any disease. This site is for educational and informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or product. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website or it’s Forum. If you suspect you have a medical problem, or should you have any health care related questions, please call or see your health care practitioner as soon as possible.

Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

In addition, the information on this website should not be construed as legal advice. Always seek the advice of a licensed attorney in your state with any questions you may have about the law.

NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.

Products and Services

The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining FoldedBird and FoldedBird.com’s prior written consent. FoldedBird.com may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. We may revise and discontinue products at any time. Prices and promotions are subject to change without notice.

Accounts

Some services on the Website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at Care@FoldedBird.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any of the Website. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use any of the Websites or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

Content Submitted by Users

Sometimes users submit content to our website. If you submit content, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Users who submit material agree that this license includes the right for us and other users of our services to make the content available to others for publication, distribution, syndication, or broadcast on other media and services, subject to our terms and conditions for content use. These additional uses by us or others may be made with no compensation paid to the user who submitted it.

Users also represent, warrant and agree that they have not and will not contribute any content that (1) infringes, violates or otherwise interferes with any copyright or trademark of another party; (2) reveals any trade secret; (3) infringes any intellectual property right of another or the privacy or publicity rights of another, (4) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (5) creates an impression that is incorrect, misleading, or deceptive; (6) contains other people’s private or personally identifiable information without their express authorization and permission; and/or (7) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right to remove any content, suspend, remove or terminate access to our services at any time, or pursue any other remedy or relief available under equity or law. The best thing to do before submitting content is to ask yourself beforehand if what you submit could potentially harm someone else (or their computer) or violate anyone else’s rights. If you think it might, don’t do it.

Public Forums and Communication

“Forum” means an area, site or feature offered as part of this Website that offers the opportunity for users to distribute Submissions for viewing by one or more Website users, including but not limited to the comment section of any blog post, instant messaging, mobile messaging, and social media pages (Facebook, Twitter, Youtube, Instagram, Pinterest, Linkedin, etc.).

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Additionally, you grant FoldedBird and FoldedBird.com the right to reprint, publish or otherwise use in a public manner any information posted in forums or comment sections of this Website or associated social media.

You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. Refer to the comment policy for specific policies. By way of example, and not as a limitation, you agree that when using a Forum (including the comment section of any blog post), you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying a Forum.
  • Violate any code of conduct or other guidelines (including the comment policy and terms of service) which may be applicable for any particular Forum.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • You are and will remain solely and completely responsible for the Submissions you Distribute through the website under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty or obligation to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion.

Links on this website direct visitors to various food, beverage and dietary supplement products on third party websites. These products are not intended to diagnose, treat, cure, or prevent any disease. FoldedBird and FoldedBird.com and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic Act.

We reserve the right to terminate your access to this website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute on this Website.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

Disclaimers

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FoldedBird and FoldedBird.com and all associated companies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FoldedBird.com AND ASSOCIATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FoldedBird.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

FoldedBird, FoldedBird.com AND ASSOCIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF FoldedBird OR ASSOCIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright

The entire contents of the Website (including all information, software, text, displays, images, graphics, digital downloads, data compilation, code, video and audio) and the design, selection and arrangement thereof, is property of FoldedBird.com and is protected by international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. The collective work includes all works that are licensed to FoldedBird.com Copyright © 2020, FoldedBird and FoldedBird.com.

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website without obtaining written consent from FoldedBird.com.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site are transferred to you, and all rights not expressly granted are reserved by FoldedBird and FoldedBird.com. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Indemnification

You agree to indemnify, defend and hold harmless FoldedBird, FoldedBird.com, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, resulting from any violation of this Agreement, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the Website.

Trademarks

The Website name, the Website logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Website or its affiliates or licensors. You must not use such marks without the prior written permission of the Website. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Corrections Policy

Accuracy in content is given high priority. News and information tips from readers are encouraged and validated. Valid corrections are always welcome.

Third-Party Links

The website may link to websites operated by third parties. FoldedBird and FoldedBird.com have no control over these linked sites, all of which have separate privacy and data collection practices, independent of FoldedBird.com. FoldedBird and FoldedBird.com is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that FoldedBird and FoldedBird.com are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

CAN-SPAM Act

In accordance with the Controlling the Assault of Non- Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), FoldedBird follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member area, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email Care@FoldedBird.com and your account will be permanently removed from our system.

DMCA Notice

FoldedBird.com complies with the provisions of the Digital Millennium Copyright Act (DMCA). All content on FoldedBird.com is the original work of the author, unless otherwise noted, cited or quoted. If you have a concern regarding the use of copyrighted material on the Website, please contact us using the following procedure:

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

  1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit this information electronically to: Care@FoldedBird.com

FoldedBird.com will respond to any DMCA complaints in a timely manner, and will remove any material that is found to be a copyrig