Biggibor Website Terms and Conditions

This website is provided by Biggibor and its affiliates (collectively, “Biggibor”). By accessing the Biggibor website (the “Site”), you indicate your acknowledgment and acceptance of these Terms of Use. These Terms of Use are subject to change by Biggibor at any time at its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly.

Restrictions on Use

All material included on this Site, and any other Site owned, operated, licensed, or controlled by Biggibor, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, and software (the “Content”), is the property of Biggibor, its subsidiaries, affiliated companies and third-party licensors and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates Biggibor’s intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Biggibor, except that:

  1. You may download, print, distribute, and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
  2. Any copies of documents or pages from the Site must not alter the original Site content and must include the Biggibor copyright notice:

© Biggibor Corporation 2017. All Rights Reserved.

  1. You may link to this Site provided that the link does not falsely imply or suggest that Biggibor has endorsed or is affiliated with the linked Site.

Users of the Site must not:

  1. Monitor, gather, or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind.
  2. The frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text, or page layout).
  3. Engage in any activities through or in connection with this Site that seeks to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
  4. Attempt to circumvent the security systems of the Site.
  5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Biggibor server.
  6. Attempt to use the Site for any purposes other than those intended by Biggibor, as determined by Biggibor in its sole discretion.
  7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Biggibor becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, Biggibor reserves the right to revoke your right to these permitted uses.

Disclaimer

Biggibor cannot guarantee that the Site or its content is error-free and Biggibor makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error-free, or up to date.

THIS SITE IS PROVIDED BY THE Biggibor ON AN “AS IS” AND “AS AVAILABLE” BASIS. Biggibor MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Biggibor DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Biggibor MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Biggibor, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Biggibor MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

LIMITATION OF LIABILITY

NEITHER Biggibor, ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE OPERATION OF THE SITE OR FAILURE OF THE SITE TO OPERATE. IN NO EVENT SHALL Biggibor BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF Biggibor HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT Biggibor WOULD NOT GRANT ACCESS TO THE SITE WITHOUT YOUR AGREEMENT TO THIS TERM.

Intellectual Property

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of Biggibor. Nothing posted on this Site grants a license to any Biggibor trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Trademarks

The trademark, Biggibor is a registered trademark of Biggibor.  The trademark Biggibor REACH is a trademark of Biggibor.  Trademarks displayed on this Site not owned by Biggibor are the property of their respective owners, who may or may not be affiliated with Biggibor. Nothing contained on this Site should be construed as granting any license or right to use any Biggibor trademark or any third-party trademarks without the written permission of the company that owns the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited.

Proprietary Information Consent

If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you are not a customer of Biggibor and wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with Biggibor, send a request with your proposed use via the Site so that the webmaster may evaluate your proposed use of Biggibor’s Site Content.

If the webmaster approves your request to use Biggibor’s Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within Biggibor’s Site for the sole purposes specified in your Request form. You agree to all terms below:

  1. Not to modify the documents, publications, or graphics
  2. Not to quote materials out of context
  3. To retain and display the copyright notice of Biggibor on such Content

Biggibor shall have the right to monitor the use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the Biggibor Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of Biggibor’s Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within Biggibor’s Site which you propose to use, subject to Biggibor’s consent.

 Linked Sites

This Site may link to or be linked from other websites that are not maintained by, or related to, Biggibor. Biggibor does not endorse, and is not responsible for, the content of any of those third-party websites.

Severability/Entire Agreement

Unless otherwise specified herein, these Terms and the Privacy Policy constitute the sole and exclusive agreement between you and Biggibor and its affiliates with respect to the Site and supersedes all prior and contemporaneous communications and proposals (whether or not electronic) between you and Biggibor. If any portion of the Terms or Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force and effect.

International Use

Biggibor makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Governing Law/Venue

You agree that your use of this Site, this Agreement, and any disputes relating thereto shall be governed in all respects by the laws of the State of California.  Any dispute relating to this Agreement shall be resolved solely by arbitration in San Diego County, California (any such arbitration award enforced in the appropriate courts located in San Diego County, California).

Binding Arbitration

Any claim, dispute, or controversy against Biggibor, its agents, employees, successors, assigns or affiliates arising from or relating to your use of this Site and/or purchase of products from us, our advertising, or these Terms, their interpretation, or the breach,
termination or invalidity thereof, shall be resolved exclusively and finally by binding arbitration under the Rules of the American Arbitration Association. The arbitration will be limited solely to the dispute between you and us. Any award of the arbitrator(s) shall
be final and binding on each of the parties and may be entered as a
judgment in any court of competent jurisdiction.