Terms of Use

The following terms (“Terms of Use”) constitute an agreement between Paul M. Bowers and Indra Gardiner Bowers (“Our Bird has Flown”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Our Bird has Flown (“Website”), located at https://ourbirdhasflown.com/.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Our Bird has Flown reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

PRIVACY POLICY

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

  • Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. 
  • Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment. 
  • Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked. 
  • Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

HOW YOUR INFORMATION MAY BE USED

The Website may use the information collected in the following ways:

  • To operate and maintain the Website;
  • To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
  • To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
  • To respond to your comments or inquiries;
  • To provide you with user support;
  • To track and measure advertising on the Website; or,
  • To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

  • Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
  • Influencer Networks – from time to time, as described herein, the Website may post sponsored content which contains tracking pixels for networks such as TapInfluence. These tracking pixels may capture information such as your IP address to evaluate the effectiveness of the marketing campaigns. This information is not stored on the Website.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.

Except when required by law, Our Bird has Flown will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Our Bird has Flown may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

ANONYMOUS DATA

From time to time, Our Bird has Flown may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

COOKIES

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

Newsletters

On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Our Bird has Flown may see if and when you open an email and which links within the email you click. Also, this allows Our Bird has Flown to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at momanddad@ourbirdhasflown.com to be removed from our mailing list.

Access – You may access the personal information we have about you by submitting a request to momanddad@ourbirdhasflown.com.

Amend – You may contact us at momanddad@ourbirdhasflown.com to amend or update your personal information.

Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to momanddad@ourbirdhasflown.com.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at and momanddad@ourbirdhasflown.com we will use our best efforts to promptly remove such information from our records.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Our Bird has Flown to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, Our Bird has Flown gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

GENERAL DISCLAIMER

Our Bird has Flown has made every effort to ensure that all information on the Website has been tested for accuracy. Our Bird has Flown makes no guarantees regarding the results that you will see from using the information provided on the Website.

CONTENT DISCLAIMERS

Our Bird has Flown is written by parents. We are not licensed experts; however, the site will occasionally feature an expert on parenting, finances or other topics. Within this expert content, we will disclose the licensing credentials of each expert. Please note that no relationship is created between you and any expert featured on our site unless you enter a separate agreement with the expert. Our Bird Has Flown makes no guarantees regarding the information provided by experts on the Website.

Parenting Information Disclaimer

All information on the Website is for informational purposes only and is not a replacement for medical advice from a physician or your pediatrician. The information on the Websites does not replace the relationship between physician/therapist and client in a one-on-one treatment session with an individualized treatment plan based on their professional evaluation. The information provided on the Website is provided “as is” without any representations or warranties, express or implied.

Do not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website. All medical information on the Website is for informational purposes only.

Financial Information Disclaimer

From time to time, the Website may discuss topics related to finance. This information is not advice and should not be treated as financial advice. The financial information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the financial information on the Website.

You must not rely on the information on the Website as an alternative to advice from a certified public accountant or licensed financial planner. There is no accountant-client relationship created from the publication of financial information on the Website. You should never delay seeking financial advice, disregard financial advice, or discontinue professional financial services as a result of any information provided on the Website. 

Legal Information Disclaimer

From time to time, the Website may discuss legal topics. This information is not advice and should not be treated as legal advice. The legal information on the Website is provided for informational purposes only. The legal information provided on the Website is provided “as is” without any representations or warranties, express or implied.

You must not rely on the legal information on the Website as an alternative to advice from your attorney or professional legal services provider. There is no attorney-client relationship created from the publication of legal information on the Website. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any information

Mental Health Information Disclaimer

All information regarding mental health provided on the Website is intended to be used for informational purposes only. Although content on the Website may discuss therapeutic and/or mental health issues, the Website does not provide any type of therapy and/or mental health services. The Website does not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.

From time to time, the Website may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.

Travel Information Disclaimer

The Website may discuss topics related to travel, including discussion of modes of transportation, lodging, and activities. The travel information provided on the Website is provided “as is” without any representations or warranties, express or implied. Your experience with the same providers mentioned may differ from that depicted on the Website. All travel information on the Website is for informational purposes only.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Our Bird has Flown makes no representations, warranties or guarantees. You understand that results may vary from person to person. Our Bird has Flown assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, Our Bird has Flown owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Our Bird has Flown’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Our Bird has Flown

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Our Bird has Flown’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Our Bird has Flown’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Our Bird has Flown or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Our Bird has Flown’s trademarks and trade dress may not be used in connection with any product or service that is not Our Bird has Flown’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Paul M. Bowers, Indra Gardiner Bowers, Our Bird has Flown, or the experts featured on the Website.

From time to time, the Website will legally utilize trademarks owned by third parties related to Our Bird has Flown’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant Our Bird has Flown a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Our Bird has Flown the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Our Bird has Flown or a third party.
Our Bird has Flown reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Our Bird has Flown’s servers; or, (iii) hosted or published on the Website. Our Bird has Flown takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Our Bird has Flown’s rights under the Terms of Use, Our Bird has Flown does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that INSERT EMAIL ADDRESS copyright infringement and falls outside of fair use, please send a request to momanddad@ourbirdhasflown.com and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send Our Bird has Flown an email, register to use the Website or provide your email to Our Bird has Flown in any other way, you consent to receive communications from Our Bird has Flown electronically. You agree that all legal notices provided via electronic means from Our Bird has Flown satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third-party websites that are not governed or controlled by Our Bird has Flown You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Our Bird has Flown assumes no control or liability over the content of any third-party sites. You expressly hold harmless Our Bird has Flown from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Our Bird has Flown harmless from any and all liability in any dispute.

NO WARRANTIES

The Website are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Our Bird has Flown makes no representations or warranties in relation to the Website or the information and materials provided therein.

Our Bird has Flown makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Our Bird has Flown is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

OUR BIRD HAS FLOWN WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold Our Bird has Flown, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Our Bird has Flown suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near San Diego County, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Our Bird has Flown’s prior written consent, however, the Terms of Use may be assigned by Our Bird has Flown in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Our Bird has Flown

All notices with respect to the Terms of Use must be in writing and may be via email to momanddad@ourbirdhasflown.com for Our Bird has Flown and to your email address.

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