Terms and Conditions

Last Updated:

December 23, 2021

 

The following Terms and Conditions (hereinafter referred to as the “Terms”) between you (referred to as “you”, “your”, or “User”) and Bluebird Teaching LLC (referred to as “Bluebird Teaching”) describe the specifications on which you may register for, access, or use the web application and/or this website https://www.bluebirdteaching.com/ (together referred to as the “Platform”), including all Shared Materials, information, tools, courses, programs, and services available to you, conditioned upon your acceptance of all of the Terms, conditions, policies, and notices stated herein.

 

Bluebird Teaching is an online community platform for teachers that provides an organizational system for teaching materials, access to teacher-crowd-sourced materials shared by other users, collaboration opportunities for developing and planning creative instruction, and access to a member network of individuals for positive encouragement and exchange of ideas and information (together with the “Service(s)”). By using the Platform, you are engaging in the Services and agree to be bound by the following Terms and Conditions.

 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING USERS' RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY. USERS SHOULD ALSO CAREFULLY REVIEW BLUEBIRD TEACHING’S PRIVACY POLICY BEFORE USING ANY SERVICES AVAILABLE THROUGH THE PLATFORM.

 

Any new features or tools which are added to the Platform shall also be subject to the Terms outlined herein. Users can review the most current version of the Terms at any time on this page. Bluebird Teaching reserves the right to update, change, or replace any part of these Terms at any time by posting to this Platform at its sole discretion. It is the User's responsibility to check periodically for changes. Continued use of, or access to, the Platform following the posting of any changes to these Terms constitutes User acceptance of those changes.

 

1. Registration and User Account

 

In order to subscribe to our Platform or otherwise use our Services,  individuals must register and create a user account (“User Account”). To set up a User Account, Users must provide a valid name, phone number, e-mail address, and credit card information. Users must also create a password and complete a community profile (together known as “Personal Information”).

 

Users represent and warrant that the Personal Information provided to Bluebird Teaching upon registration and at all other times will be true, accurate, current, and complete. Users must ensure that their e-mail address is kept up-to-date at all times. Bluebird Teaching is not responsible for any User errors made when creating the User Account.

Users shall be responsible for maintaining the secrecy and confidentiality of their password and for all activities that transpire on or with the User's Account. Users are responsible for any act or omission of any individual that accesses the User's Account that would be deemed a violation of these Terms. It shall be the User's responsibility to notify Bluebird Teaching immediately in the case of any unauthorized access or use of the User's Account or password, or any other breach of security. Bluebird Teaching shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.

 

2. Fees and Payments

 

Users must subscribe to the Platform and pay a monthly subscription fee (“Subscription Fee”). Bluebird Teaching accepts electronic payment for the Subscription Fee (“Payment Method”). Bluebird Teaching may at their discretion make additional changes to the membership and membership tiers they offer.

 

Prior to any Subscription Fee increase or change in fee structure, Bluebird Teaching will notify each affected User through an email at the address associated with the User’s Account. Users will be able to choose and approve any changes in Service tier fees in advance should Service tiers become available. Non-response to notification of changes of fees will be an acceptance of the change and non-response to tier offerings will result in no change to the User’s Account. Further, any increase in Subscription Fees or any User acceptance of a new Service tier fee structure will be applied only to renewals taking place after the change goes into effect.

 

Bluebird Teaching strives to display accurate price information, however, there may, on occasion, be inadvertent typographical errors, inaccuracies, or omissions related to pricing. Bluebird Teaching reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any subscriptions or payments arising from such occurrences.

 

If a User does not pay the amounts owed when they are due, or if a User's Payment Method continuously fails, Bluebird Teaching may initiate collection procedures. Users agree to pay the cost of collection, including, without limitation to, reasonable attorney’s fees.

 

3. Shared Materials

 

Users will be able to share classroom materials for which they have the rights and permissions to do so, including original work, materials covered under “Fair Use” policies, outlines, concepts, workbooks or worksheets, and other relevant similar information or tools (the “Shared Materials”) at their discretion with other Users through the Platform. Other Users will be able to select, store, and download the Shared Materials through the Platform.

 

Users who select Shared Materials shared by other members of the community are authorized to use that Material for their individual use in their classroom(s) with their assigned students. The Shared Materials use authorization remains in effect for materials shared by Users who delete their accounts. Once a Shared Material is saved in a User's storage, it cannot be deleted except by the User who downloaded it.

 

Users may modify the materials in order to adjust them to their content and students’ needs and are allowed to reshare their modified work on the Bluebird Teaching platform only if it is significantly altered in content, not merely design. Users must not share or otherwise provide the actual link to the Shared Material as shared on the Platform. Broad use or transmission of selected Shared Materials or links, whether modified or not, is a violation of the Bluebird Teaching policy.  Users who share materials on the Bluebird Teaching Platform agree that Users who download the material may share printed copies with colleagues for the purpose of team teaching or departmental lesson planning collaboration only, but may not disseminate copies beyond their school. Users agree to NEVER share personal login information with any other individual.

USERS ARE STRONGLY ENCOURAGED TO USE THE "REPORT" LINK FOUND BESIDE EACH SHARED MATERIAL IN THE BLUEBIRD TEACHING "DISCOVER" SPACE IF THE MATERIAL APPEARS TO: INCLUDE INAPPROPRIATE CONTENT, BE IN VIOLATION OF COPYRIGHT LAW, OR BE A DIRECT COPY OF ANOTHER OWNER'S WORK FROM THE BLUEBIRD TEACHING PLATFORM OR ANOTHER SITE. THE BLUEBIRD TEACHING TEAM TAKES THESE ISSUES VERY SERIOUSLY, AND WE WILL ACT ON REPORTS IMMEDIATELY. IF, AFTER ADMINISTRATIVE REVIEW, A MATERIAL IS DEEMED TO BE IN VIOLATION OF BLUEBIRD TEACHING POLICIES, THE MATERIAL WILL BE DELETED. USERS WHO HAVE DOWNLOADED THIS MATERIAL TO THEIR STORAGE WILL BE NOTIFIED BY BLUEBIRD TEACHING OF THE NEED TO MODIFY OR DELETE THE MATERIAL — IT IS THE USER'S RESPONSIBILITY TO FOLLOW THROUGH. 

 

Bluebird Teaching is based on teachers helping teachers. Users must be able to trust other Users to not abuse Shared Materials. The User’s subscription includes easy storage and a wealth of opportunities to exchange information and collaborate on ideas in addition to the Shared Materials, so individual memberships become the lifeblood of the community. No User may act in a way that diminishes or circumvents the community or seeks to take advantage of another User’s good faith act of sharing their work.

 

Users understand and acknowledge that: (a) by uploading any Shared Materials to the Platform they are granting permission to other Users to store, download, and use the Shared Materials; and (b) Users may only download and use the Shared Materials for private and personal classroom use as defined above, and not for any resale or commercial use subject to certain rules and limitations as provided herein. Shared Materials that are part of the Bluebird Teaching community are not for broad distribution, posting online, or selling (whether for profit or not). Violating this agreement will result in the termination of the User's Bluebird Teaching account.

 

Bluebird Teaching does not own any copyright, license, or intellectual property related to the Shared Materials shared by Users. All Shared Materials are developed, created, modified, or otherwise owned by other Users or a third party, and Users agree that Bluebird Teaching is not liable for any inaccurate information or third party claim in relation to the Shared Materials.

 

Bluebird Teaching shall not be held responsible if information made available on the Platform is not accurate, complete, or current. For clarity, Users rely on any information found on the Platform at their own risk.

4. Notice for Claims of Copyright Infringement Pursuant to Section 512(c) of Title 17 of the U.S. Code

 

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Bluebird Teaching aims to ensure that listed materials and content on our Website do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. 

 

If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please notify our team through our online form: “Report a Material Violation.”

 

For your complaint to be valid under the DMCA, you must provide the following information:

  • An electronic signature of a person authorized to act on behalf of the copyright owner

  • Identification of the copyrighted work that you claim has been infringed

  • Identification of the material that is claimed to be infringing and where it can be found on our Website

  • Your contact information 

  • 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 law; and

  • A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner. 

Misuse of this process, or the submitting of a false claim, may result in the suspension of your account or other legal consequences. UNDER FEDERAL LAW IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.

 

5. Service Terms

 

By using the Platform or the Services, Users represent that they are at least eighteen (18) years of age or older.

 

Users may not use the Services for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in the User's jurisdiction (including, but not limited to, copyright or trademark laws). A breach or violation of any of the Terms will result in an immediate termination of the User's access to the Platform.

 

Bluebird Teaching reserves the right but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through this Platform. In addition, Bluebird Teaching reserves the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive.

 

The Services may include an online forum and a social networking community. Your engagement with these forums and any Services (including but not limited to, interaction with other community members, advertisers, materials viewed) may be shared with others in accordance with the Privacy Policy and these Terms.

 

Users consent to receive communications, including but not limited to, e-mails, text messages, and/or calls regarding updates to the Platform or Services, marketing, advertisements, and any other relevant information.

 

6. Promotion and Incentives

 

There may be promotions, discounts, or sales on the Platform (“Promotions”). These Promotions may affect the Subscription Fee and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions specific to that promotion will govern that specific circumstance.

 

Bluebird Teaching is not obligated to offer Promotions of any kind or provide rewards or incentives in any specific manner. We may change the Promotions form, requirements, or parameters at any time. We reserve the right, at any time and based on our discretion, to rescind or revoke Promotions or deny specific Users specific Promotions for participation in promotions or programs. Further, Bluebird Teaching reserves the right to modify, suspend, or discontinue any Promotions at any time at its sole discretion.

 

7. Terminating User Accounts

 

Users may delete their User Account at any time. Upon cancellation, Users will have access to their User Account and the Services through the end of their paid subscription month. Users may reopen their User Account anytime by logging in again and resubscribing at the then-current monthly rate. Users who delete their accounts understand and agree that members who have previously downloaded the User's shared materials will continue to have access to, and use of, those materials.

Users agree that Bluebird Teaching may, without any prior notice, immediately suspend, terminate, discontinue and/or limit their use of this Platform and access to any of the Services at our sole discretion, for any reason, including but not limited to:

 

  1. Any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;

  2. By way of request from law enforcement or any other governmental agencies;

  3. The discontinuance, alteration, or material modification to the Services, or any part thereof;

  4. Any engagement in any fraudulent or illegal activities; 

  5. The non-payment of any associated fees that may be owed.

Furthermore, Users herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access to the Platform or Services shall be made at our sole discretion and that Bluebird Teaching shall not be liable to any User or any other third party with regard to the termination of a User's Account, associated email address, access to the Platform, and/or any of the Services.

 

8. Bluebird Teaching Community Guidelines

 

Bluebird Teaching was developed to be a supportive, respectful, enjoyable, positive, and helpful environment where teachers come together as a collaborative community to organize instruction; share materials and expertise; and save time and money in an encouraging and empowering space. This section outlines the shared agreements to which Users must adhere to be participants in the community. The essential expectations are that Bluebird Teaching Users: respect self and others, demonstrate integrity, abide by laws and principles of fairness, and embody kindness and civility.

 

Users acknowledge, understand, and agree that all Shared Materials, information, text, data, photographs, messages, tags, or any other content, whether it publicly or privately posted to and/or transmitted through the Platform, is the User's expressed sole responsibility. Users agree not to make use of the Platform or Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:

 

  1. Uploading, posting, transmitting, or otherwise making available any content or Shared Materials that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, libelous, or which is hateful, threatening, or otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racism, hatred, or profanity.

  2. Making light of traumatic human experiences whether past or present such as (but not limited to) American slavery, genocide of any kind, and weather events that devastate human life and property. These topics are not forbidden; they must be addressed respectfully and truthfully as opportunities for students to grow in understanding and empathy.

  3. Causing harm to minors in any manner whatsoever;

  4. Impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity;

  5. Is argumentative in nature, uses an aggressive or bullying tone, is sarcastic or demeaning of another professional, includes profanity or vulgarity, or is focused on any divisive political rhetoric.

 

9. Guidelines for Content

 

Shared Materials, discussions, and commentary by Users should adhere to the following standards to ensure the highest quality of shared resources and dialog among our Users. Essentially, Users agree to make a concerted effort to answer the following questions in the affirmative:

 

Is it true?

Is the Shared Material known to be factual to the best of the User’s ability to verify accuracy? Is the commentary based on information that is verifiable or authentic to the User’s perspective? Does the Shared Material or commentary advance the truth as verified by credible sources? Is the instructional material developmentally appropriate for the designated students' grade level?

 

Is it kind?

Is the Shared Material respectful of student diversity and developmental level? Are discussions and commentary focused on productive, helpful solutions to classroom issues and conducted in ways that allow Users to feel valued, supported, and respected?

 

Is it necessary?

Does the Shared Material, discussion, or commentary advance the educational mission of the teaching profession? Is the Shared Material, discussion, or commentary designed with the goal of helping students and colleagues alike to grow and develop in expertise and wisdom? Does the material, discussion, or commentary have a productive purpose?

 

10. Comments, Ratings, and Reviews

 

Users may have the option to provide a rating, a comment, or both (“Feedback”) on Shared Material selected by the User for individual use. Any Feedback Users leave must reflect the User’s honest experience using the Shared Material for its intended purpose and must comply with the Community Guidelines set forth in Section 6 of the Terms. Bluebird Teaching at its discretion, may at any time set additional requirements or limitations for leaving Feedback such as a minimum or a maximum number of characters, time-based restrictions, or other requirements. Users may not leave feedback on their own Shared Materials or in any way attempt to disrupt the authenticity of the Bluebird Teaching Feedback process.

 

Bluebird Teaching may remove User Feedback for any reason, at any time, without notice. Bluebird Teaching may also deny to specific Users permission to leave future Feedback or deactivate the User’s account for Feedback violations at our discretion.

 

Users agree not to make or communicate to any person or entity, in any media or a public forum, including any social media network, any comment or statement (written or oral) that intentionally or unintentionally misrepresents or deliberately seeks to disparage, create a negative impression of, or is intentionally detrimental to the reputation of Bluebird Teaching or the Services associated therewith.

 

11. Refunds and Disputes

 

Bluebird Teaching does not offer refunds or prorations under any circumstances. Bluebird Teaching aims to respectfully respond to all questions, comments, and concerns regarding customer satisfaction and any related or resulting disputes. Users who are unhappy with the Platform or Services are encouraged to contact the Bluebird Teaching Team immediately and we will do our best to rectify the situation.

 

Should Bluebird Teaching, in our sole discretion, decide to refund, prorate, or credit you any amounts paid, that refund, prorate, or credit shall constitute the entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that Service.

 

If at any time, a User has a dispute about any Service offered on the Platform, the User is encouraged to reach out using the Contact Us link provided on the Platform. For the avoidance of doubt, Bluebird Teaching is not liable or responsible for any Shared Materials uploaded by Users.

 

12. Intellectual Property & Proprietary Rights

 

All elements and aspects of the Platform, any Apps, landing page website, or any other elements or Services developed and offered by Bluebird Teaching (with the exception of Shared Materials, resources, or content posted by Members) are owned and controlled by Bluebird Teaching, including, but not limited to: logos, graphics, images, photographs, text, videos, user interfaces, trademarks, computer code, and any other content of on our Platform (referred to collectively as “Assets”). This also includes the design, structure, organization, presentation, arrangement, expression, and the “aesthetics” of Assets.

 

Users may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. The term “commercial purpose” means that Users are prohibited from selling, licensing, renting, using in Users’ own businesses or websites, incorporating into marketing materials or presentations, or making any other commercial use of our Assets.

 

Users who post, upload, or make available any Shared Materials, information, data, text, files, communications, or other materials regarding the Services and who reference the Services on any Platform, blog, article, or social media platform (“User Content”) hereby grant Bluebird Teaching a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or in part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise use User Content in order to provide our services or for use in our marketing and/or promotional efforts, all without further notice to the User, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to the User or to any other person or entity. Users waive any right to inspect or approve User Content or any use of User Content.

 

13. Disclaimer of Warranties and Limitation of Liability

 

USERS REPRESENT THAT THEY ARE USING THE PLATFORM AND/OR SERVICES AT THEIR OWN RISK. ALL SERVICES OFFERED ON THE PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

IN NO EVENT SHALL BLUEBIRD TEACHING BE LIABLE TO ANY USER, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BLUEBIRD TEACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

THE SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND THE USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID FOR THE SERVICES THROUGH THE PLATFORM.

 

The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and

(b) not apply to (i) liability resulting from gross negligence or willful misconduct, or (ii) death or bodily injury resulting from acts or omissions.

 

14. Wireless and Location-based Features; Social Media Plug-ins

 

Wireless Features. This Platform may offer certain features that are available to Users via wireless devices. These features may include the ability to access the Platform, upload content, receive messages, and download applications to the wireless device (collectively, “Wireless Features”). Carriers may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with the User's carrier or wireless device. In addition, carriers may charge for standard messaging, data, and other fees to participate in Wireless Features. Bluebird Teaching has no responsibility or liability for any fees or charges Users incur when using Wireless Features.

 

Terms of Wireless Features. Users who register for any Wireless Features agree that, in connection with those Wireless Features, we may send communications to wireless devices regarding us or other parties. Further, we may collect information related to the User's use of the Wireless Features in accordance with our Privacy Policy. Users who register via the Platform for Wireless Features agree to notify us of any changes to the wireless contact information and update the account to reflect any changes.

 

Location-Based Features. When Users use one of our location-enabled features, we may collect and process information about the User's actual location. Users who have enabled GPS, geo-location, or other location-based features on a device acknowledge that their device location may be tracked and may be shared with others consistent with our Privacy Policy.

 

Browser features should allow Users to disable the location-based features or manage preferences related to them. The location-based services offered in connection with this Platform are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

 

Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, Pinterest, and Google (among others) may be integrated on this Platform. When Users choose to click on one of these buttons or links, their browsers connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to the User's browser. If Users are registered on the relevant social network and they log in to their respective accounts, the social network receives the information that the Platform was accessed. For Users who are not registered with the social network or who log out before using the Platform, there is the possibility that at least the User's IP address will be submitted to and stored by the social network. Users who interact with us through a social media platform, plug-in, etc., may be enabling us to have ongoing access to certain information from the social network profile (such as name, social networking page, e-mail address, photo, gender, location, the people and Platforms followed, etc.).

 

Users who do not want a social network to collect the information described above, or to share it with us and other third parties, should review the privacy policy of the relevant social network and/or log out of the relevant social network before using the Platform. As with other Platforms, Users may be able to delete any existing cookies placed on their computer by the social network via their browser.

 

15. Dispute Resolution

 

If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by the American Arbitration Association (the “AAA”), excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.

 

16. Class Action Waiver

 

Any arbitration shall be conducted in each User’s individual capacity only and not as a class action or other representative action. Users expressly waive their rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

17. Notices

 

Bluebird Teaching may provide any notice to Users under these Terms by (a) sending a message to the email address provided, or (b) by posting to the Platform. Notices sent by e-mail will be effective on the date the email is sent, and notices that are posted on the Platform will be effective upon posting. It is the User's responsibility to maintain a current email address and review any new notices on the Platform.

 

To provide notice under these Terms, Users must contact us by email, personal delivery, overnight courier, or certified mail. Notice by email shall be effective on the date the email is sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent. Notice can be sent to the following address:

Bluebird Teaching LLC

5537 Deale Churchton Road #336

Churchton, Maryland 20733

 

18. Miscellaneous

 

Third-Party Content. This Platform may contain links and references to other third-party service providers (“Third-Party Content”). Bluebird Teaching is not responsible for any Third-Party Content or the actions of those that provide such content. Any information regarding a third party found on the Platform does not imply that Bluebird Teaching endorses or accepts any responsibility or liability for the third party or vice versa.

 

Relationship. Creating a User Account does not represent or create any agency, employment, or partnership relationship between any User and Bluebird Teaching. Bluebird Teaching is not the employer of and does not act as an agent for, any User.

 

Indemnification. By using the Platform, Users agree to indemnify, hold harmless, and defend Bluebird Teaching (and its parent, subsidiary, associated, and affiliated companies, including each of our respective officers, directors, agents, and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with any: (a) breach or alleged breach of any representation or warranty by Bluebird Teaching or any third-party;

(b) unauthorized use of User information; or (c) other actual or alleged unauthorized action by Bluebird Teaching, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive even after termination of the Agreement.

 

Privacy Policy. Bluebird Teaching respects our Users' privacy and is committed to protecting it. To learn more, please visit the Privacy Policy available on our Platform, which governs the processing of all personal data collected in connection with the use of the Platform and Services. Users acknowledge and consent to the collection and use of personal information by Bluebird Teaching for the purpose of using the Platform.

 

Governing Law and Jurisdiction. The Platform is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of Maryland.

 

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

Waiver. Failure by Bluebird Teaching to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Bluebird Teaching.

 

Force Majeure. Bluebird Teaching will not be liable or responsible to Users, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance under these Terms when, and to the extent that,  such failure or delay is caused by or results from acts or circumstances beyond reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes, or other labor disputes (whether or not relating to a workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, or power outage.

 

Notice to California Users. Under California Civil Code Section 1789.3, California clients are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Statute of Limitations. Users agree that regardless of any statute or law to the contrary, any claim or cause of action against Bluebird Teaching arising out of or related to the use of the Platform, our Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

These Terms and the Privacy Policy will be deemed the final and integrated agreement between Users and Bluebird Teaching on the matters contained herein. Users acknowledge and agree that these Terms are binding and shall govern the relationship with Bluebird Teaching in connection to the use of the Platform and the Services defined herein.

 

Users who have any questions are invited to contact Bluebird Teaching directly through the website, the Platform, by mail at the address below, or by e-mail at info@bluebirdteaching.com.

 

Bluebird Teaching LLC

5537 Deale Churchton Road #336

Churchton, Maryland 20733

Telephone: (442) 294-3781