      
Terms of Use
1.
Acceptance of Agreement.
You agree to the
terms and conditions outlined in this Terms of Use Agreement with
respect to our site. This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement
prior to using the Site.
2.
Copyright & Trademarks
The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other
intellectual property rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site,
except as allowed by Section 3 below, is strictly prohibited. You do
not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in
such information and materials. Some of the content on the site is
the copyrighted work of third parties. “BigWig Solutions", "BigWig",
and others may be or are our service marks, registered service
marks, or trademarks. Other product and company names mentioned on
the Site may be trademarks of their respective owners.
3.
Limited License; Permitted Uses.
You are granted a
non-exclusive, non-transferable, revocable license (a) to access and
use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and
(c) to print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein. No
print out or electronic version of any part of the Site or its
contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
4.
Restrictions and Prohibitions on Use.
Your license for
access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein
are subject to the following restrictions and prohibitions on use:
You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any Content
and Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of any kind,
including through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that may
infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice
or terms of use contained in the Site; (f) make any portion of the
Site available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site,
in violation of the export control laws or regulations of the United
States.
5.
Forms, Agreements, and Documents.
We may make
available through the Site or through other Web sites sample and
actual forms, checklists, business documents and legal documents
(collectively, “Documents”). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or
warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL
FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents
may be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions to ensure
the desired result. You should consult with legal counsel to
determine the appropriate legal or business documents necessary for
your particular transactions, as the Documents are only samples and
may not be applicable to a particular situation. Some Documents are
public domain forms or available from public records.
6.
No Legal Advice.
Information
contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information on the
Site or materials linked to the Site is entirely at your own risk.
We are not a law firm and the Site is not a lawyer referral service.
7.
Linking to BigWig Solutions.
You may provide
links to the Site, provided (a) that you do not remove or obscure,
by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue providing links
to the Site immediately upon request by us.
8.
Unlawful Activity.
We reserve the
right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but
not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic information.
9.
Indemnification.
You agree to
indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates harmless
from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use
of the Site.
10.
Disclaimer.
THE INFORMATION,
CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
11.
Privacy Policy.
Our Privacy
Policy, as it may change from time to time, is a part of this
Agreement.
12.
Payments.
You represent and
warrant that if you are purchasing something from us that (i) any
credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
13.
Links to other Web Sites.
The Site may
contain links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
14.
Information and Press Releases.
The Site may
contain information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
Privacy Policy
1.
Personal Information
The
information we learn from customers helps us personalize and
continually improve your experience with our Service. Here are
the types of information we gather:
Information
You Give Us: We collect, maintain and use information you give
us as necessary to enhance and provide quality service and
products. You provide us with information when you search, buy,
participate in a contest or questionnaire, or communicate with
customer service. For example, you provide information when you
search for a product; make an order; communicate with us by
phone, e-mail, or otherwise; complete a questionnaire or a
contest entry form; or apply for a job with us. As a result of
those actions, you might supply us with such information as your
name, phone number, email address, and in transaction instances
credit card information.
We may
release account and other personal information when we believe
release is appropriate to comply with law; enforce or apply our
Terms and Conditions and other agreements; or protect the
rights, property, or safety of BigWig Solutions, our users, or
others. This includes exchanging information with other
companies and organizations for fraud protection and credit risk
reduction.
2.
Information Security
BigWig
Solutions protects your information by using industry-standard
encryption technologies when transferring and receiving consumer
data. When you place an order, the information you submit is
encrypted to protect you from unauthorized access to the
information.
3.
Children
If you are
under the age of 18, you may use our sites only with the
involvement of a parent or guardian. If a child under the
age of 13 has provided personal information without the consent
of a parent or guardian, please contact us. After verification
of the information, we will delete the information from our
records.
4. Links
and Third Party Websites
BigWig
Solutions is not responsible for content or privacy policies of
other sites. We recommend that you review the content and
policies of all sites that you visit.
5.
Updates
We may
update or modify this Privacy Policy from time to time in the
future. Any such updates or modifications shall be effective
immediately upon posting on our sites. Please refer back to this
page often for the latest information.
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