Terms of service

Last Updated ("Effective Date"): August 6, 2026 

Read these Terms before using the Site. They contain a binding individual arbitration clause, a class-action waiver, and a jury-trial waiver set out in Section 20. Use of the Site constitutes acceptance of these Terms. A user who does not agree must not use the Site. 

Section 1. Acceptance of These Terms 

These Website Terms of Use (the Terms) form a binding agreement between Birdi, Inc. (Birdi) and the user. Birdi maintains its offices 43811 Plymouth Oaks Blvd, Plymouth, MI 48170-2539. 

The Terms apply to all of the wholesale site and any supporting sites, and any other website, application, service, or platform that links to the Terms (collectively, the Site). 

If the user accesses the Site, creates a Birdi account, clicks an acceptance button, or otherwise uses the Site, that conduct constitutes the user's acceptance of the Terms and of the Birdi Website Privacy Policy. If the user accesses the Site on behalf of another person, the user represents that the user has authority to bind that person to these Terms. 

The Site is intended solely for authorized representatives of business customers who are at least eighteen (18) years of age, located in the United States, and authorized to act on behalf of the customer. The Site is not directed to individual consumers, patients, or children, and Birdi does not knowingly collect personal information from children through the Site. Eligibility to purchase product is further addressed in Section 3. 

The Site is intended solely for use by licensed businesses and their authorized representatives, including pharmacies, hospitals, clinics, licensed practitioners, and other entities authorized under federal and state law to purchase prescription drugs for resale, dispensing, or administration. The Site is not intended for, and Birdi does not sell through the Site to, individual consumers or patients. By using the Site or placing an order, the customer represents that it is acting in the course of its business and that the individual accepting these Terms is authorized to bind the customer. 

3.2 Authorized Trading Partner Representation 

The customer represents and warrants that it is an “authorized trading partner” within the meaning of the Drug Supply Chain Security Act (the DSCSA), sections 581 and 582 of the Federal Food, Drug, and Cosmetic Act, and that it holds, and will maintain in good standing, all federal and state licenses and registrations required to purchase and receive the products it orders. These include any applicable state wholesale-distributor or pharmacy license, board-of-pharmacy registration, and, where controlled substances or listed chemicals are involved, a valid United States Drug Enforcement Administration (DEA) registration and any required state controlled-substance registration for each location to which product is shipped. 

3.3 Verification of Licensure 

Before activating an account, and from time to time thereafter, Birdi may require the customer to provide, and authorizes Birdi to verify, current copies of the customer’s licenses, registrations, and tax-exemption or resale documentation. Birdi transacts only with authorized trading partners. Birdi may decline, suspend, or terminate an account or any order if the customer’s licensure or authorization cannot be verified, has lapsed, or has been restricted, suspended, or revoked. The customer must notify Birdi promptly of any change to its licensure or registration status. 

Section 4. Supply-Chain Integrity, Returns, and Controlled Substances 

4.1 Product Tracing and Product Identifiers 

For each transaction involving a product subject to the DSCSA, Birdi will provide the transaction information and transaction statement required by section 582 of the Federal Food, Drug, and Cosmetic Act in a secure, electronic, and interoperable manner. Products subject to the DSCSA bear a product identifier at the package and homogeneous-case level. The customer is responsible for receiving, reviewing, and retaining this tracing information, for maintaining the systems necessary to exchange it, and for responding to verification requests concerning product identifiers as and when the DSCSA requires. 

4.2 Suspect and Illegitimate Product 

If either party determines that a product in its possession or control is suspect or illegitimate, it will quarantine and investigate the product, will cooperate with the other party’s investigation, and will not further distribute the product until it is cleared. Upon determining that a product is illegitimate, or upon notification by the FDA, the responsible party will notify the FDA and its immediate trading partners within twenty-four (24) hours, using Form FDA 3911 or a successor process, as section 582 requires. 

4.3 Saleable Returns 

The customer may return product only in accordance with Birdi’s return policy and applicable law, and only to Birdi as the wholesale distributor from which the product was purchased. Birdi will associate each return with the transaction information it provided and will verify the product identifier of any saleable returned product before further distributing it, as Section 582 of the FD&C Act requires. Federal and state law may limit the return, credit, or replacement of controlled substances and certain other products. 

4.4 Controlled Substances and Suspicious-Order Monitoring 

Orders for Schedule II controlled substances must be placed through the DEA Controlled Substance Ordering System (CSOS) or a valid DEA Form 222, as applicable. Birdi maintains a system to monitor customer purchasing activity and to identify orders of unusual size, orders that deviate substantially from a normal pattern, and orders of unusual frequency. Birdi may decline, hold, or limit any order, may require completion of due-diligence questionnaires and threshold reviews as a condition of controlled-substance sales, and will report suspicious orders to the DEA and applicable state authorities as the Controlled Substances Act and applicable state law require. 

4.5 Recordkeeping 

Each party will create and maintain the records that the DSCSA, the Controlled Substances Act, and applicable state law require, in each case for not less than six (6) years or any longer period that applicable law requires, and will make those records available to the other party and to regulators as required by law. 

4.6 Resale, Anti-Diversion, and Export Compliance 

The customer purchases product for resale, dispensing, or administration through lawful channels only, and will not resell, transfer, or distribute product to any person or entity it knows or should know is not licensed or authorized to receive it. The customer will not divert product, participate in any gray-market or counterfeit transaction, or remove, alter, or obscure any lot number, serialization, or product identifier. The customer will not export or re-export product except in compliance with United States export-control and economic-sanctions laws, and will not sell or ship product to any person, entity, or destination subject to United States sanctions or on a restricted-party list. Birdi may suspend or cancel any order, and may suspend or terminate the account, of a customer that Birdi reasonably believes is engaged in diversion or unlawful resale. 

4.7 Audit, Inspection, and Regulatory Cooperation 

Upon reasonable prior notice, each party will provide the other with information reasonably necessary to confirm compliance with these Terms and with applicable supply-chain, licensure, and controlled-substance requirements, and will reasonably cooperate with any audit, recall, investigation, or inquiry by the other party or by a federal, state, or local regulator relating to product sold under these Terms. The customer will promptly provide updated licensing, registration, and authorized-trading-partner documentation on Birdi’s request. 

Section 5. Ordering, Pricing, Payment, and Delivery 

5.1 Orders, Pricing, Payment, and Credit 

Each order is an offer to purchase that Birdi may accept or decline. Prices are those set forth in the applicable quote, customer agreement, or invoice in effect when Birdi accepts an order and are exclusive of applicable taxes and fees. Unless otherwise agreed in writing, payment is due within the period stated on the invoice. Birdi may establish, modify, or revoke credit terms and credit limits in its reasonable discretion and may require prepayment, deposits, or other assurances of payment. The customer is responsible for all applicable taxes other than taxes on Birdi’s net income, and past-due amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, together with Birdi’s reasonable costs of collection. 

5.2 Shipment, Title, and Risk of Loss 

Unless otherwise agreed in writing, Birdi ships to the customer’s licensed, registered address of record, and the customer is responsible for providing an accurate ship-to location authorized to receive the ordered product. Title and risk of loss pass to the customer upon Birdi’s delivery of product to the carrier, except that for controlled substances and any other product for which applicable law requires otherwise, title and risk of loss pass as that law provides. 

5.3 Inspection, Storage, and Handling 

The customer must inspect each shipment promptly on receipt and must notify Birdi of any shortage, overage, damage, or discrepancy within the period stated in Birdi’s policy. After delivery, the customer is responsible for storing and handling product in accordance with the manufacturer’s labeling and applicable law, including any temperature and cold-chain requirements. 

5.4 Limited Product Warranty 

Birdi warrants that, at the time title passes, product sold to the customer will be genuine, will not be adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and will have been handled and stored by Birdi in accordance with applicable law. This warranty runs only to the customer as the authorized trading partner of record and may not be passed through to any downstream party. Except as stated in this Section, and to the maximum extent permitted by law, Birdi disclaims all other warranties as set forth in the disclaimer-of-warranties Section of these Terms. 

5.5 Product Availability and Allocation 

All orders are subject to product availability. Birdi does not guarantee that any product will be available, and Birdi may allocate product among its customers in a fair and reasonable manner during a shortage, back-order, manufacturer allocation, or recall, or where required by law. Birdi may add, discontinue, substitute, or change product offerings at any time. Birdi is not liable for any failure or delay in supplying product, or for any allocation, discontinuation, or substitution, made in accordance with this Section. 

5.6 Pricing Errors, Claims, and Deductions 

Birdi may correct any pricing, billing, or invoicing error, including an obvious or manifest error, even after an order is accepted. The customer must submit any claim or dispute relating to pricing, discounts, credits, chargebacks, shortages, or returns in writing within ninety (90) days after the date of the applicable invoice or shipment; a claim not submitted within that period is waived to the extent permitted by law. The customer may not offset or deduct any disputed or unauthorized amount from amounts owed to Birdi without Birdi’s prior written agreement. 

 5.7 Confidentiality of Pricing and Account Information 

Birdi’s pricing, quotes, discounts, contract terms, and other non-public commercial information are Birdi’s confidential information. The customer will use this information only to purchase product under these Terms and will not disclose it to any third party, except to the customer’s professional advisors or as required by law, in which case the customer will give Birdi reasonable advance notice where lawfully permitted. This Section does not apply to information that is or becomes public through no fault of the customer. 

Section 6. Accounts and Authentication 

A user who creates a Birdi account must provide accurate and complete registration information and must keep that information current. The user is responsible for safeguarding the user's password and any one-time codes used for multi-factor authentication, and for all activity occurring under the user's account. If the user suspects unauthorized access, the user must notify Birdi by calling [855-247-3479]. Birdi may require multi-factor authentication, biometric login, or other reasonable security measures consistent with applicable law and industry-standard security practices as in effect from time to time. 

The user is responsible for all use of the Site by the user or by any person using the user’s password and login information, with or without the user’s permission. If the user installs any software or enables any service that stores information from the Site on a mobile device or computer, the user is responsible, before transferring the device, for removing the user’s information or otherwise disabling access to that software or service to prevent unauthorized access. Birdi is not responsible for the security of information under those circumstances. Birdi is also not responsible for the security of the user’s internet-access service provider, and the user should review that provider’s security and privacy policies. 

The user should keep any correspondence the user receives relating to the Site, including the user’s user ID, passwords, registration information, emails, and order information, confidential and in a safe place. If other people have access to the user’s computer, mobile device, user ID, password, or other personal information, they may be able to access information the user has obtained from the Site. 

Section 7. Acceptable Use 

A user agrees that the user will not, and will not authorize any third party to, do any of the following: 

(a) Use the Site to order, or attempt to order, product that the customer is not licensed or authorized to purchase, or to order product for any person or entity other than the customer or a person the customer is legally authorized to supply. 

(b) Submit false, fraudulent, forged, or altered ordering, licensing, or registration information, or impersonate another person or entity. 

(c) Use the Site for any unlawful purpose or in violation of any federal, state, tribal, or local law, including the Controlled Substances Act and any state controlled-substance law. 

(d) Reverse engineer, scrape, data-mine, or use any robot, spider, crawler, or automated means to access or collect information from the Site, except as Birdi expressly permits in writing. 

(e) Probe, scan, or test the vulnerability of the Site, or breach or circumvent any security or authentication measure on the Site. 

(f) Use any artificial-intelligence feature of the Site to attempt to obtain content that is harmful, deceptive, infringing, defamatory, or in violation of these Terms. 

(g) Use the Site, its content, or any output to develop, train, fine-tune, or evaluate any artificial-intelligence model, machine-learning system, or competing product. 

(h) Interfere with the Site, with Birdi's servers or networks, or with the activity of any other user. 

(i) Share account credentials or confidential ordering information with an unauthorized third party. 

(j) Impersonate any person or entity or otherwise misrepresent the user’s affiliation with a person or entity. 

(k) Place on the Site any untrue, malicious, fraudulent, harassing, offensive, or defamatory material, or any material that is irrelevant to a legitimate use of the Site. 

(l) Frame or deep-link to any portion of the Site, place pop-up windows over its pages, or otherwise affect the display of its pages, for any purpose. 

(m) Make any unauthorized change to data or information supplied by the Site. 

(n) Engage in any activity that infringes the copyright, patent, trademark, or other rights of any person or organization. 

(o) Engage in any activity that violates any local, state, national, or international law. Birdi reserves all rights and remedies available under applicable law, and any user who uses the Site in violation of these Terms will be liable to Birdi for any damages Birdi suffers as a result. 

Section 8. Drug Recalls 

If a manufacturer or the United States Food and Drug Administration recalls or withdraws a product that Birdi has sold to the customer, Birdi will use the transaction information in its records to identify and notify the customer by the most direct method available, consistent with the recall classification and urgency. The customer must promptly carry out the recall instructions, including identifying and quarantining affected product in its own inventory, ceasing further distribution, and, where the customer has further distributed or dispensed the product, notifying its own downstream trading partners or patients as the recall and applicable law require. Birdi will coordinate the return, credit, replacement, or destruction of recalled product as the recall classification and applicable law direct. 

Section 9. Communications and Electronic Notices 

By providing a telephone number or email address to Birdi, the user consents to receive service-related communications by email, voice call, and text message (SMS), including communications sent through automated systems. Standard message and data rates may apply. The user may opt out of marketing communications at any time by following the unsubscribe instructions in the message or by contacting Birdi. The user cannot opt out of communications required to fulfill the user's orders, of regulatory communications, or of product-recall notices. 

Section 10. Electronic Records and E-SIGN Consent 

By using the Site, the user consents to receive disclosures, notices, agreements, records, and other communications from Birdi in electronic form, in accordance with the federal Electronic Signatures in Global and National Commerce Act, (the E-SIGN Act), and the Uniform Electronic Transactions Act as adopted in the user's state. 

To access and retain electronic records, the user must have a current internet browser that supports the Transport Layer Security (TLS) protocol, the ability to receive email, an email account that the user monitors, and access to a printer or to electronic storage capable of preserving documents in PDF or HTML format. The user must keep the user's contact information current. 

The user may withdraw consent to receive electronic records by contacting Birdi at the address in Section 25. Withdrawal of consent does not apply retroactively to records already provided electronically. Withdrawal may delay the processing of the user's orders because Birdi cannot transact without the disclosures the law requires. 

By clicking, tapping, or otherwise indicating acceptance, the user provides an electronic signature that has the same legal effect as a handwritten signature. 

Section 11. Accessibility 

Birdi designs the Site to conform to the Web Content Accessibility Guidelines (WCAG) and to the requirements of the Americans with Disabilities Act, as those requirements apply to a commercial website. Birdi provides reasonable accommodations and auxiliary aids free of charge to a user with a disability who needs them to access the Site and communicate effectively with Birdi. 

A user who needs an accommodation, who encounters a barrier on the Site, or who would like to report an accessibility issue may contact Birdi by calling 855-247-3479 or by emailing [legal@birdirx.com]. 

Section 12. Intellectual Property 

The Site, including all text, graphics, logos, software, and content owned by Birdi, and the trademarks BIRDI, BIRDI WHOLESALE, and BIRDIRX, are owned by Birdi or its licensors and are protected by United States and international intellectual-property laws. Birdi grants the user a limited, non-exclusive, non-transferable, revocable license to use the Site for the user's internal business purposes consistent with these Terms. All other rights are reserved. Any feedback, suggestion, or idea that the user submits to Birdi may be used by Birdi without restriction or compensation. 

Section 13. Third-Party Sites and Content 

The Site may contain links to third-party websites and services that Birdi does not operate. Birdi is not responsible for the content, privacy practices, or availability of those third parties. Inclusion of a link does not imply endorsement. The user accesses third-party sites and services at the user's own risk. 

The user agrees not to create a link to the Site from any website, including any website the user controls, without Birdi’s prior written consent. 

Section 14. Disclaimer of Warranties 

To the maximum extent permitted by law, the Site and all of its content, including any output generated by any artificial-intelligence feature, are provided on an as-is and as-available basis without warranty of any kind. Birdi disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Site or any output will be accurate, reliable, current, complete, or error-free. This Section does not waive any right that cannot be waived under applicable law. 

Section 15. Limitation of Liability 

To the maximum extent permitted by law, Birdi and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or use, arising out of or relating to the user's use of the Site or any artificial-intelligence feature, even if Birdi has been advised of the possibility of those damages. 

Birdi's total cumulative liability arising out of or relating to these Terms or to the user's use of the Site will not exceed the total amounts the customer paid to Birdi for the product or service that gave rise to the claim during the twelve (12) months preceding the event giving rise to the claim. The foregoing cap does not apply to the customer’s payment obligations for product purchased, the customer’s indemnification obligations, the customer’s breach of the resale, anti-diversion, and export-compliance obligations in Section 4.6, or either party’s breach of its confidentiality obligations or infringement or misappropriation of the other party’s intellectual property. Nothing in these Terms limits liability that cannot be limited by applicable law. 

Section 16. Indemnification 

Birdi will notify the user of any claim made by a third party for liability or expense arising, in whole or in part, directly or indirectly, from the user’s use of the Site. The user agrees to defend, indemnify, and hold harmless Birdi and its affiliates from and against any claim, damage, loss, liability, and expense (including reasonable attorneys' fees) arising out of or related to (a) the user's use of the Site in violation of these Terms, (b) the user's violation of any law or third-party right, or (c) any content or information the user provides. Birdi may, at its option, take control of the defense of any matter for which the user owes indemnification. 

Section 17. Termination, Account Closure, and Dormancy 

17.1 Termination by Birdi 

Birdi may suspend or terminate the user's access to the Site at any time, with or without notice, for any reason, including suspected fraud, violation of these Terms, or the need to comply with law. 

17.2 Customer-Initiated Account Closure 

A customer may close its Birdi account at any time by signing in and selecting account closure, by calling [855-247-3479], or by writing to Birdi at the address in Section 25. Birdi will close the account within thirty (30) days after the request, except that Birdi will retain records as federal and state law require. 

17.3 Dormant Accounts 

If a customer has not signed in to its Birdi account or placed an order for thirty-six (36) consecutive months, Birdi may, after providing notice to the customer at its last known contact information and after a reasonable period for response, close the account. Birdi will continue to retain records as federal and state law require. 

17.4 Survival 

Sections that survive termination include Sections 14, 15, 16, 19, and 20. 

Section 18. Changes to These Terms 

Birdi may update these Terms from time to time. If Birdi makes a material change, Birdi will provide reasonable advance notice through the Site, by email, or by other reasonable means. The updated Terms will display a new "Effective" date. A material change to the dispute-resolution provisions in Section 20 will not apply retroactively to a dispute for which Birdi has received notice of a claim before the change takes effect, except to the extent applicable law expressly permits retroactive application. The user's continued use of the Site after the effective date of an update constitutes the user's acceptance of the update. 

Section 19. Force Majeure 

Neither party is liable for any failure or delay in performance under these Terms to the extent the failure or delay is caused by an event outside the party's reasonable control, including an act of God, natural disaster, fire, flood, severe weather, epidemic or pandemic, public-health emergency, war, terrorism, civil unrest, labor dispute, telecommunications or electrical-grid failure, cyberattack, manufacturer or wholesaler back-order, supply-chain disruption, government action, or change in law (a Force Majeure Event). The party affected by a Force Majeure Event will provide prompt notice to the other party and will use commercially reasonable efforts to resume performance as soon as practicable. Where a Force Majeure Event delays the supply of product, Birdi will use commercially reasonable efforts to source alternative product where doing so is consistent with applicable law. The Force Majeure Event does not relieve the user of the obligation to pay for product or services Birdi has already provided. 

Section 20. Dispute Resolution and Mandatory Individual Arbitration 

20.1 Informal Dispute Resolution as a Required First Step 

Before filing a claim against the other, the user and Birdi each agree to attempt to resolve the dispute informally for at least sixty (60) days. To start informal resolution, the user must send Birdi a written Notice of Dispute (the Notice). The Notice must state the user's name, account email address, mailing address, a description of the claim, and the specific relief sought. The user must send the Notice to Birdi, Inc., Attention Privacy Officer, 43811 Plymouth Oaks Blvd, Plymouth, MI 48170-2539, with a copy by email to [legal@birdirx.com]. Birdi will send its own Notice to the email or mailing address on the user's account. Compliance with the sixty-day informal-resolution period is a precondition to arbitration. The statute of limitations and any filing-fee deadlines are tolled during the period. 

20.2 Agreement to Arbitrate 

If informal dispute resolution is unsuccessful, the user and Birdi each agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the user's account, or the relationship between the user and Birdi (each, a Claim), other than the matters described in Section 20.6, will be resolved by binding individual arbitration. The arbitration will be administered by the American Arbitration Association (the AAA) under the AAA Commercial Arbitration Rules in effect at the time the arbitration is initiated, as further modified by these Terms. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section. 

20.3 No Class, Collective, or Representative Actions 

The user and Birdi each agree that any Claim must be brought in the user's individual capacity only and not as a plaintiff or class member in any class, collective, consolidated, private-attorney-general, or representative proceeding. The arbitrator may not consolidate or join the claims of more than one person and may not preside over any form of representative or class proceeding. If a court or arbitrator finds the prohibition on class, collective, consolidated, or representative actions in this Section unenforceable as to a particular Claim, that Claim, and only that Claim, will be severed and brought in court. The remainder of this Section will continue to apply. 

20.4 Jury-Trial Waiver 

The user and Birdi each waive the right to a trial by jury in any matter arising out of or relating to these Terms or to the user's use of the Site. 

20.5 Thirty-Day Right to Opt Out 

Within thirty (30) days after the date the user first agrees to these Terms, the user may opt out of Section 20, and only that Section, by sending Birdi a signed, written opt-out notice. The opt-out notice must include the user's full name, the user's Birdi account email address, and a clear statement that the user does not wish to resolve disputes with Birdi through arbitration. The user must send the opt-out notices to both Birdi, Inc., Attention Privacy Officer, P.O. Box 8004, Novi, Michigan 48376, as well as 43811 Plymouth Oaks Blvd, Plymouth, MI 48170-2539, with a copy by email to LEGAL@BIRDIRX.COM. An opt-out under this Section does not affect any other provision of these Terms and does not affect any prior agreement to arbitrate that the user may have with Birdi. Birdi will not retaliate against the user for opting out. 

20.6 Exceptions to Arbitration 

Notwithstanding the agreement to arbitrate, either party may bring a qualifying claim in small-claims court, provided the claim remains an individual claim and stays within that court's jurisdiction. Either party may also bring an action in court to obtain injunctive or other equitable relief to protect intellectual-property rights. Nothing in this Section prevents the user from filing a complaint with a federal, state, or local government agency, or from pursuing a remedy that, by law, cannot be subject to a pre-dispute arbitration agreement, including a claim of sexual assault or sexual harassment under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402. 

20.7 Location, Hearing, and Costs 

Unless the user and Birdi agree otherwise, the arbitration will take place in Oakland County, Michigan, or, at the parties’ option, by telephone or videoconference. The AAA will administer fees in accordance with its Commercial Arbitration Rules. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. 

Section 21. Digital Millennium Copyright Act Notices 

If a copyright owner believes that content on the Site infringes a copyright, the owner may send a notice to Birdi, Inc., Attention DMCA Designated Agent, P.O. Box 8004, Novi, Michigan 48376. 

Section 22. Governing Law and Forum 

These Terms and any dispute arising from them are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 20. To the extent a court action is permitted under these Terms, the parties consent to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan. 

Section 23. Severability 

If any provision of these Terms is held invalid or unenforceable, the provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. 

Section 24. Entire Agreement 

These Terms, together with the Birdi Website Privacy Policy, constitute the entire agreement between the user and Birdi regarding the Site and supersede any prior or contemporaneous agreement on that subject matter. 

Section 25. How to Contact Birdi 

Mail: Birdi, Inc., Attention Privacy Officer, P.O. Box 8004, Novi, Michigan 48376. 

Telephone [855-247-3479]. 

Email [legal@birdirx.com]. 

Section 26. Additional Terms 

The user agrees to comply with all laws, rules, and regulations that apply to the user’s use of the Site. Birdi’s failure to act with respect to a breach by the user or any other person does not waive Birdi’s right to act with respect to a future or similar breach. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” The user may not assign, delegate, or transfer the user’s rights or obligations under these Terms. Birdi may assign its rights and duties under these Terms without notice to the user, and any such assignment is not a change to these Terms. Nothing in these Terms makes either party the agent or representative of the other or makes the parties joint venturers or partners for any purpose.