This website is operated by The Hummingbird Group, Incorporated, a North Carolina corporation. Throughout the site, the terms “Hummingbird”, “we”, “us” and “our” refer to The Hummingbird Group, Inc. The terms “website” and “site” refer to this website, hummingbird.group, and any other website or domain which are operated by Hummingbird or its affiliates, including but not limited to: thinkwithdesign.org, thinkwithcode.org, predictivepreloading.com, predictivepreloading.in, coded.market, codedmarket.in, and storiesacrossthesky.com. The legal agreement below governs your use of the website, and includes all products, information, tools and services available to you on, or from, the website. Your use of the website is expressly conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Hummingbird operates the “Service” available through the website.
By visiting our site and/or purchasing a subscription from Hummingbird, you are using and engaging the “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions” and “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation, users who are subscribers, browsers, vendors, customers, merchants, and/or contributors of content.
You can review the most current version of the Terms and Conditions at any time on this page. Hummingbird reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Hummingbird is not responsible for your familiarity with the Terms and Conditions.
By agreeing to these Terms and Conditions, you represent that you are at least thirteen years of age and that you have given us your consent to allow any of your minor dependents to use this site.
You may use any services provided by or affiliated with Hummingbird for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any malware, malicious software or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services. Termination of services may include, but is not limited to, the blocking of your Internet Protocol (IP) address, the termination of services to your account, reporting your IP and/or reporting your email address to improper use databases.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Hummingbird uses third-party providers to protect your sensitive credit card information. It is your responsibility to ensure the safety of your personal and credit card information.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the website is not accurate, complete or current. The material on the website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance upon the material on the website is at your own risk.
We are not responsible for loss of data or inaccurate data regarding website traffic, or any other information made available on this site.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.
Modifications to the Service and Prices
Prices for products in our store are subject to change without notice.
We reserve the right at any time to modify or discontinue the website or our store (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
We have made every effort to display as accurately as possible the colors and images of the products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us and our sellers. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If an issue with your purchase information arises, you understand that you will not be able to use the Service immediately.
Terms of Purchase
When you purchase a subscription from Hummingbird, you are agreeing that you have carefully considered the service, its suitability for your uses and that you understand and agree to abide by these Terms and Conditions. You cannot cancel the purchase of the Service and Hummingbird does not issue refunds. Upon purchase of a subscription from Hummingbird, you acquire the ability to use the Service. We reserve the right to discontinue the Service and close the website at any time without notice. You may cancel your subscription at any time. However, upon your purchase of a subscription to the Service, you agree to and are bound by our refund policy detailed in Section Eight (8) of this document.
Due to the digital nature of the Service, Hummingbird does not offer refunds. The only exception is that refunds are made only when required by applicable law.
Hummingbird has no obligation to offer refunds when you purchased a subscription by mistake, when you have changed your mind, or if you are dissatisfied with the results of using the Service on your website.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Certain content, products and services available on our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. You should review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We do not have any obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility, and assume no liability for, any comments posted by you or any third-party.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the website or in the Service that contains typographical errors, inaccuracies or omissions which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information and to cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the website, in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be deemed to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate or circumvent any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website without notice for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
Hummingbird is not responsible for the manner in which you use the Service.
Hummingbird is not responsible for data overages caused by the Service. By using the Service, the website owner and administrator assume full responsibility and liability for the data preloaded to your website viewers, both in terms of bandwidth/data overages and content of the data.
Hummingbird is not responsible for content displayed, downloaded, uploaded, or preloaded in the Service (biases, obscene in nature, pornographic, etc.).
If you provide information about a website that you own or are affiliated with to Hummingbird, Hummingbird reserves the right to scan your server for malware and prohibited content at any time. Hummingbird is not responsible for bandwidth overages caused by this scanning process. Hummingbird reserves the right to benchmark your server for performance analytics purposes. Hummingbird is not responsible for bandwidth overages or system outages due to this benchmarking process.
Hummingbird disclaims all liability to you for any and all service/product defects or losses relating to such defects. All products and services delivered to you through the Service are provided ‘as is’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Hummingbird, its subsidiaries, managers, members, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Hummingbird, its subsidiaries, managers, members, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions; such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the effective date and time of termination of your use of the Service and this website shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services as set forth in Section Twenty-two (22), or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Service (or any part thereof).
Hummingbird reserves the right to terminate the website and to terminate the Service and any other related services at any time, without notice.
The failure of Hummingbird to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against Hummingbird as the drafting party.
These Terms and Conditions and any separate agreements pursuant to which we provide you the Service shall be governed by, and construed in accordance with, the laws of the State of North Carolina.
Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service or purchase of products following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at email@example.com. Please direct any mail to the address below.
The Hummingbird Group, Inc.
652 North Spence Avenue
Goldsboro, North Carolina 27534