TERMS OF SERVICE

1. Accounts.

In order to use certain features of the Site or Services, you must register for an account  (“Account”) on outbirding.com, owned by Field Guides Incorporated (FGI), and provide certain information about yourself as prompted by the Site registration form.  You represent and warrant to FGI that: (a) all required registration information you submit is accurate and complete; and (b) you will update as necessary to maintain the accuracy and completeness of such information. You are responsible for maintaining the confidentiality of your Account login information and are solely responsible for all activities that occur under your Account.  You agree to immediately notify FGI of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  You understand, acknowledge, and agree that FGI disclaims and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Subscriptions.

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you will be responsible for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

• AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, FGI will automatically process your Monthly Subscription fee in the next billing cycle. FGI will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate until you cancel your subscription. (We explain how to cancel your Monthly Subscription below in the section "Cancellation Policy".)

Annual Subscription: By purchasing an Annual Subscription, you agree to an initial nonrefundable pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription at any time before the next billing cycle, subject to the terms of our cancellation policy.

• AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription. You will be responsible for all recurring charges prior to cancellation. Once you subscribe, FGI will automatically process your Annual Subscription fee at the then-current Annual Subscription rate unless you cancel your subscription. (We explain how to cancel your Monthly Subscription below in the section "Cancellation Policy".)

3. General Restrictions on Use

Subject to these Terms of Service, FGI grants you upon your subscription a limited, non-exclusive, nontransferable personal license to access and use the Site and Services. The rights granted to you by these Terms of Service will remain in force until modified by FGI.  You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Site or Service to any third-party. You may use the Site and the Service only for your personal, non-commercial purposes.  You may not modify or create any derivative product based on the Site and the Services.  Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms of Service. You agree not to use the Site and the Services: (a) in violation of any local, state, national or international law; (b) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (c) interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Services.  Without the express prior written consent of FGI, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders, or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.  You represent and warrant that any information about yourself that you voluntarily provide to FGI will be true, accurate, complete and current. 

4. Ownership.

Notwithstanding your subscription and associated permitted access to the Site and Services, you understand, acknowledge, and agree that FGI retains all right, title, and interest in and to the Site and the Services, and all related intellectual property rights.  FGI reserves all rights not expressly granted in these Terms of Service.  You may not, without the express prior written consent of the copyright owner, copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings or otherwise), or create derivative works from any copyrighted work made available or accessible via the Site and the Services.  If you provide FGI any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to FGI all your rights in the Feedback and agree that FGI shall have the right to use such Feedback and related information without compensation to you.  FGI will treat any Feedback you provide to FGI as non-confidential and non-proprietary.  You agree that you will not submit to FGI any information or ideas that you consider to be confidential or proprietary.

5. Cancellation Policy.

You may cancel a monthly or free trial subscription at any time during the subscription period by logging in to your account (see below). If you wish to email your intent to cancel instead, please contact FGI at least two business days prior to your subscription’s auto-renewal date. Auto-renewing subscriptions (pay every month or every year) can be turned “off” at any time - meaning FGI will cancel the next automatic renewal of the subscription (instead, the subscription will expire). There will be no partial or pro-rated refund given for cancellation during the term of a monthly or annual subscription.

To cancel your subscription, log into your account, and click on "Billing Info" at upper right. If you have one or more subscriptions set to automatically renew, you will see a section titled "Active Subscriptions." Locate the subscription you wish to cancel, and click on the "Cancel" button to its right. If you prefer that we handle the cancellation for you, you may email us using the Contact link in the page footer.

Copyright © Field Guides Incorporated. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.