BIRDDOG LAW, LLC
Terms of Sale of Digital Products
Last Updated: November 29, 2021.
These Terms of Sale govern the sale of BIRDDOG Law, LLC (“BIRDDOG”) subscription products (the “Digital Products”). By using the Digital Products, you also agree to our Terms of Service and Privacy Policy.
Subscription
a. Auto-renewing Subscription. Your Digital Products subscription, which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel your subscription, or we terminate it. You can view the date of your next scheduled payment by visiting our website and clicking on the “My Account” link. You will not receive a notice from us that your promotional period has ended or that your subscription has auto-renewed.
b. Differing Subscriptions/Promotions. BIRDDOG may offer a number of types of subscriptions. Any materially different terms from those described in these Terms of Sale will be disclosed at the time of purchase or in other communications made available to you. You can find specific details regarding your subscription visiting our website and clicking on the “My Account” link. We reserve the right to change or terminate any offered subscriptions or promotions at any time.
Billing
a. Payment Method. You can pay for your subscription with a major credit card (“Payment Method”). Only credit cards are eligible for payment. Do not sign up for a subscription by identifying a debit card in the credit card option. (A debit card may also be known as a “check” or “ATM” card and typically has the word “debit” on it.) You may edit your Payment Method information by visiting our website and clicking on the “My Account” link. If your payment is unsuccessful by reason of insufficient funds, expiration, or otherwise, you remain responsible for any uncollected amount.
b. Recurring Billing. By placing an order for a subscription, you authorize us to charge you the subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes, to your Payment Method. You acknowledge that the amount charged each Billing Period may vary for reasons that may include price changes, changing your subscription, or changes in applicable taxes, and you authorize us to charge your Payment Method for such varying amount each Billing Period. Applicable taxes may vary. For example, you authorize us to charge your Payment Method the promotional rate disclosed on the subscription screen in the initial Billing Period (if applicable) and the regular subscription rate in subsequent Billing Periods, each with applicable taxes. We automatically bill your Payment Method on the last day of each Billing Period. We reserve the right to change the timing of our billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your subscription fee, you have four (4) days to provide us a new Payment Method or your subscription will be canceled.
c. Price Changes. We reserve the right to change subscription fees for any of our subscriptions at any time. We will notify you on the BIRDDOG Law website of any changes if the regular fee for your subscription changes from what was stated at the time of your initial order. You will have an opportunity to cancel your subscription at that time. If you do not cancel your subscription, you will be charged the new subscription fee at your next Billing Period.
d. Billing Period. We will charge the subscription fee at the commencement of your subscription or, if applicable, at the end of your free trial period, and automatically on the first calendar day of each Billing Period thereafter unless and until your subscription is cancelled.
Cancellations and Refunds
a. Cancellations. You can cancel your subscription at any time by going to My Account. You must cancel your subscription before it renews each Billing Period to avoid billing of the next Billing Period’s subscription fees to your Payment Method. Accordingly, when you cancel, you cancel only future charges associated with your subscription, and you will not receive a refund for the current Billing Period. Your cancellation will become effective at the end of your current Billing Period, and you will continue to have access to your subscription for the balance of the Billing Period. Any purchases of a Digital Product subscription through a third party (e.g., app store), are subject to that third party’s cancellation policies and procedures.
b. Refunds. Payments are non-refundable, and there are no refunds or credits for partially used Billing Periods. We reserve the right, however, to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
- E-Sign Disclosure and Consent. By purchasing a Digital Products subscription and/or clicking on the box at account opening, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (collectively, the “Electronic Communications”). We will provide these Electronic Communications by posting them on the BIRDDOG Law website, the “My Account” page, and/or emailing them to your primary email address associated with your Digital Products subscription. You agree that the Electronic Communications will satisfy any legal communication requirements, including that such communications be in writing. Electronic Communications will be deemed received by you within 24 hours of the time posted to our website or the “My Account” page, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
a. System Requirements to Access Information. To receive Electronic Communications, you must have the following equipment and software:
- a computer or other device with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
- a valid email address (your primary email address associated with the Digital Products Subscription); and
- sufficient storage space or other methods (e.g., a USB drive or secure online storage) to save past Electronic Communications or a printer to print them.
Your access to this page verifies that your system/device meets these requirements. You also confirm that you have access to the necessary equipment and can receive, open, print, or store Electronic Communications.
It is your responsibility to keep your primary email address up to date. You can change your primary email address on the “My Account” page. You agree that Electronic Communications sent to a primary email address that is incorrect, out of date, blocked by your service provider, or cannot be received due to your failure to maintain the system requirements, will be deemed to have been provided to you. If an Electronic Communication is returned to us because an email your address becomes invalid, we may deem your subscription to be inactive, and you will not be able to use the Digital Products until we receive a valid, working primary email address from you.
We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications.
- Changes to the Terms of Sale. We may, from time to time, change these Terms of Sale. When such changes are made, we will make a copy of the new Terms of Sale available to you on our website.
Limited License
Except to the extent that the Digital Products include government works, all Digital Products are owned by BIRDDOG Law, LLC. The grant of access to the Digital Products is a grant a of license to you as a single-user and does not transfer any ownership rights, the right to exploit the Digital Products, or the right to create derivative works without our prior, written consent. By paying the appropriate subscription fee, you have the right to use the Digital Products in your legal practice. You may “cut and paste” insubstantial portions of the Digital Products for use in personal memoranda or legal papers filed in court. You may also print and makes copies of insubstantial portions of the Digital Products for your own use. You may not, however, (a) re-sell the Digital Products; (b) disseminate, transfer, or distribute the Digital Products; or (c) share the Digital Products on social media sites, blogs, list-serves, or in any way that would reasonably appear that you were sharing the Digital Products with a person or entity that has not subscribed to the Digital Products on this website. Nor may you download a substantial portion of the Digital Products for later personal access or to share the material with others. If BIRDDOG LAW, LLC determines, in its sole discretion, that you have violated this provision it reserves the right to terminate your subscription, without refund.