NIGEL-BIRD.COM WEBSITE TERMS AND CONDITIONS OF USE
Last Updated: August 2009
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter
in any way the terms or conditions of any other agreement you may have with Nigel-bird.com, its subsidiaries or
affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able
to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant
that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to
indemnify Nigel-Bird.com for violations of these Site Terms.
Privacy Policy
Nigel-Bird.com is committed to protecting your privacy. Please refer to our Privacy Policy for information on how
we collect, use and disclose personal information.
Ownership of the Site and its Contents
This Site is owned by Nigel-Bird.com. Unless otherwise indicated, all of the content featured or displayed on this
Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations,
software, and the selection and arrangement thereof ("Nigel-Bird.com Content"), is owned by Nigel-Bird.com, its licensors,
or its third-party image partners.
All elements of the Site, including the Nigel-Bird.com Content, are protected by copyright, trade dress, moral rights,
trademark and other laws relating to the protection of intellectual property.
Use of the Site
This Site and the Nigel-Bird.com Content are intended for customers of Nigel-Bird.com. You may not use this Site or the
Nigel-Bird.com Content for any purpose not related to your business with Nigel-Bird.com. You are specifically prohibited
from: (a) downloading, copying, or re-transmitting any or all of the Site or the Nigel-Bird.com Content without, or in
violation of, a written license or agreement with Nigel-Bird.com; (b) using any data mining, robots or similar data
gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Nigel-Bird.com Content by
using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to
register, subscribe, or unsubscribe any party for any Nigel-Bird.com product or service if you are not expressly
authorized by such party to do so; and (e) using the Site or the Nigel-Bird.com Content other than for its intended
purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark
laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation,
those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United
Kingdom or the country in which you reside.
Trademarks
Nigel-Bird.com Trademarks, the Nigel-Bird.com logo, and any other product or service name or slogan contained in the
Site are trademarks of Nigel-Bird.com and its suppliers or licensors, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of Nigel-Bird.com or the applicable trademark holder. You
may not use metatags or any other "hidden text" utilizing "Nigel-Bird.com" or any other name, trademark or product
or service name of Nigel-Bird.com without our prior written permission. In addition, the look and feel of the Site,
including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade
dress of Nigel-Bird.com and may not be copied, imitated or used, in whole or in part, without our prior written
permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in
the Site are the property of their respective owners. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by us.
Links
You may not use a Nigel-Bird.com logo or other proprietary graphic of Nigel-Bird.com to link to this Site without the
express written permission of Nigel-Bird.com. Further, you may not frame any Nigel-Bird.com trademark, logo or other
proprietary information, including the Nigel-Bird.com Content, without Nigel-Bird.com's express written consent.
Nigel-Bird.com makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly,
the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites
linking to the Site. Such sites are not under the control of Nigel-Bird.com and Nigel-Bird.com is not responsible for the
contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Nigel-Bird.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation,
endorsement or adoption by Nigel-Bird.com of any site or any information contained therein. When you leave the Site,
you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding
the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third party. You agree that Nigel-Bird.com shall not be
responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Press Releases.
The information contained within press releases issued by Nigel-Bird.com should not be deemed accurate or
current except as of the date the release was posted. Nigel-Bird.com has no intention of updating, and specifically disclaims
any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is
intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Disclaimer
THIS SITE AND THE Nigel-Bird.com CONTENT ARE PROVIDED "AS IS" AND Nigel-Bird.com AND ITS DIRECTORS, EMPLOYEES, CONTENT
PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE. Nigel-Bird.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE OR THE Nigel-Bird.com CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO
LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON
OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Nigel-Bird.com,
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE Nigel-Bird.com
CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE Nigel-Bird.com CONTENT IS FREE FROM INFECTION BY VIRUSES OR
ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Nigel-Bird.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the Nigel-Bird.com Content,
but we make no representations or warranties as to the Nigel-Bird.com Content's accuracy, correctness or reliability.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or
liability for certain categories of damages. Therefore, some or all of the limitations above may not
apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL Nigel-Bird.com, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE,
LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE)
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE Nigel-Bird.com
CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Nigel-Bird.com, OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Nigel-Bird.com' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF Nigel-Bird.com, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,
WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR
RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Nigel-Bird.com FOR ACCESS TO OR USE OF THE SITE.
Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by
Nigel-Bird.com. If any clause in these Site Terms is found to be unenforceable, wherever possible
this will not affect any other clause and each will remain in full force and effect. Any rights
not expressly granted herein are reserved.
Changes to Site Terms
Nigel-Bird.com reserves the right to change any of the terms and conditions contained in the Site
Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make
changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be
effective immediately upon posting on the Site. Your continued use of the Site following the posting
of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms
whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to Nigel-Bird.com at
http://nigel-bird.com/contact.htm or by calling 00 44 79 99 53 69 15.
© 2010 Nigel-Bird.com, Inc. All rights reserved. Terms and Conditions of Use.
