Please review the following terms and conditions carefully. This agreement is a legally binding contract between you (“You” or “Your”) and Bigfoot Investment Group, LLC (“BIG”) and its affiliated companies (collectively referred to in these Legal Notices as “We,” “Us” or “Our”) regarding Your access to and use of Our web site (the “Site”). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice.
We reserve the right to change these terms and conditions from time to time at Our sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.
1. Proprietary Rights Restrictions
All material on the Site, including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Us or other parties that have licensed their material to Us and is protected by copyright, trademark and other intellectual property laws. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than our own. Trademarks, logos, images and service marks displayed on the Site are either the property of third parties, affiliated companies, or Us, including, but not limited to, the following registered trademarks: BigFoot Java ®, BigFoot University ®, and Certified Barista ®. You agree not to display or use such marks without Our prior written permission.
Unless otherwise specified, the services offered on the Site are for personal and non-commercial use. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
2. Your Conduct
You agree not to:
a. Upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (y) infringes any third party’s intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
b. Alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;
c. Impersonate any person or entity, including, but not limited to, Our official or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d. Attempt, through any means, to gain unauthorized access to the Site, or another user’s account on the Site; or
e. Use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without our prior expressed written permission. Additionally, You agree that You will not take any action that imposes an unreasonable or disproportionately large load on Our infrastructure.
The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. If you are issued a password, You may not disclose or share Your password with any third parties or use Your password for any unauthorized purpose. In any case, You remain solely responsible for any authorized or unauthorized use of Your password.
3. The Site
Some areas of the Site require registration for use. In those instances, We require that You register with Us. You must complete the registration process by providing Us with current, complete and accurate information as prompted by the registration form. You further agree to maintain and promptly update any registration information in order to keep it true, accurate, current and complete.
5. Password and Security
Upon registration for Your account, You will choose a user identification name and a password. You are solely responsible for maintaining the confidentiality of Your password and user ID. Furthermore, You understand and agree that the account is Yours, individually, and that You are solely responsible for any and all activities that occur under Your account, including but not limited to, ensuring that You completely exit from Your session at the Site. Additionally, You agree to immediately notify Us of any unauthorized use of Your password, account or any other breach of security.]
6. Links to Other Web Sites The Site contains links to third party sites. The linked sites are not under Our control and We do not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site.
7. Disclaimer of Warranties
a. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
b. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS, IF ANY, THAT MAY BE OBTAINED FROM THE USE OF THE SITE.
c. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
d. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
e. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
f. WE MAKE NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
8. Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless and release Us, and each of Our respective subsidiaries, affiliates, officers, agents, licensees, co-branders or other partners, and employees, from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to Your use of the Site and/or any content contained therein and/or any transaction You enter into with a third party based on information or contacts obtained from the Site.
10. Changes to the Site
11. Failure to Abide by these Terms
12. Governing Law; Consent to Jurisdiction