Effective date: June 4, 2026
These Terms of Service ("Terms") govern your access to and use of the website at flockdealer.com and any related pages, content, and features operated by SongBird, Inc. ("SongBird," "Flock," "we," "us," or "our") (the "Site"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
If you access the Flock Services as a paying dealer customer, your use of those Services is governed by the Master Services Agreement and the applicable Order Form, which control over these Terms in the event of a conflict with respect to the Services.
1. Eligibility
The Site is intended for businesses and individuals who are at least 18 years old. By using the Site you represent that you meet this requirement and that any information you provide is accurate.
2. Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- use the Site in violation of any applicable law or regulation;
- copy, scrape, reproduce, distribute, modify, or create derivative works of the Site or its content except as expressly permitted;
- reverse-engineer, decompile, or attempt to access source code or underlying systems;
- introduce malware or attempt to gain unauthorized access to the Site, accounts, or networks;
- interfere with or disrupt the integrity or performance of the Site;
- use any automated means to access the Site or collect information from it except as we permit; or
- use the Site to transmit unsolicited or unlawful communications.
3. Accounts and Submissions
If you submit a demo request, contact form, or other information through the Site, you agree to provide accurate information and that we may contact you about Flock products and services consistent with our Privacy Policy. You are responsible for maintaining the confidentiality of any credentials issued to you and for activity under your account.
4. Intellectual Property
The Site and all content, features, and functionality — including text, graphics, logos, the "Flock," "FlockConnect," "FlockCover," "FlockFinance," "FlockProtect," and "SongBird" names and marks, software, and design — are owned by SongBird or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own informational and business-evaluation purposes. All rights not expressly granted are reserved. You may not use our names or marks without our prior written permission.
5. Third-Party Links and Content
The Site may contain links to third-party websites and resources, and may reference third-party products such as DMS/CRM providers and insurance, financing, and protection Product Partners. We are not responsible for the content, products, or practices of third parties, and links do not imply endorsement. Your dealings with third parties are solely between you and them.
6. Informational Purpose; No Professional Advice
Content on the Site, including statements about potential revenue, conversions, savings, or results, is provided for general informational purposes only, is not a guarantee, and does not constitute legal, financial, insurance, tax, or other professional advice. Insurance, financing, and protection products referenced on the Site are subject to eligibility, underwriting, availability, and the terms of the applicable Product Partner and are offered only where licensed.
7. Disclaimers
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT CONTENT IS ACCURATE OR CURRENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONGBIRD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold harmless SongBird and its affiliates and their officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Site or your violation of these Terms or applicable law.
10. Governing Law; Disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be resolved as set out in the dispute-resolution provisions of the Master Services Agreement for dealer customers, or, for other visitors, in the state or federal courts located in Delaware, to whose jurisdiction you consent.
11. Changes to the Site and These Terms
We may modify or discontinue the Site at any time, and may update these Terms from time to time by posting the revised Terms with a new effective date. Your continued use of the Site after changes take effect constitutes acceptance.
12. Miscellaneous
If any provision of these Terms is held invalid, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and (for dealer customers) the MSA, are the entire agreement regarding your use of the Site.
13. Contact
SongBird, Inc., 220 S. Wilcox St. #1300, Castle Rock, CO 80104 Email: [email protected]