|
BigFoot Java Terms of Use Policy
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.
9. Indemnification
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
We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless
stated otherwise, any new features to the current Site shall be subject to these Terms of Use. All areas of the Site are currently
accessible to users without charge, however We reserve the right to charge users for access to or use of any portion of the Site
in the future. These Terms of Use may be modified by Us at any time. Any such changes will be posted on the Site. Your continued
use of the Site shall be deemed acceptance of any modifications.
11. Failure to Abide by these Terms
We may in Our sole discretion terminate or suspend Your account and any current activities at the Site immediately without notice to
You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. We reserve
the right, in Our sole discretion, to refuse access to any user at any time to those portions of the Site that require registration.
You agree that We shall not be liable to You or any third party for any termination of Your access to any Material and/or the Site.
12. Governing Law; Consent to Jurisdiction
You agree that these Terms of Use are governed by the laws of the State of Washington (notwithstanding any principles of conflict
of laws) and that proper and convenient venue lies exclusively with the courts State and federal courts sitting in the State of
Washington. You agree to be subject to the personal jurisdiction of the State and federal courts sitting in or having jurisdiction
over State of Washington, Washington, U.S.A. in the event that any litigation results concerning any aspect arising out of these
Terms of Use.
13. Miscellaneous
These Terms of Use constitute the entire agreement between You and Us with respect to the Site. If any provision of these Terms
of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the
remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for
convenience only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US WHICH SUPERSEDES ANY PROPOSED
OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE.
If You have any questions or comments about our Terms of Use, You may contact us.
|
