Terms and Conditions

This is an agreement between you (“customer”, “visitor” or “user”) and BigBlast.com and its parent company or affiliates (Also referred to as “BlastBig”, “We”, “Our” or “Us”). The terms “site”, “Site” “website” “store” and “shop” refer to the BlastBig.com website and ecommerce store. Our website address is https://www.blastbig.com.

Please read these Terms and Conditions as well as our Privacy Policy and other applicable policies available on the BigBlast.com website before making a purchase from us or our site.

Please read the following Terms & Conditions in their entirety carefully before agreeing to be bound by the same. If you do not agree with all of the Terms & Conditions described herein you are expressly prohibited from using this Website and making any purchases from us on BlastBig.com. Any violation of the terms may result in termination restrictions on your account or termination or limitations on your access to, or use of, this site. Any violation of the Terms and Conditions described herein, or other policies listed on our site may result in termination of your account.

By using or accessing this site, placing an order with us, or purchasing anything from this website, you are agreeing to be bound by all of the Terms and Conditions described here. Only after acknowledging your acceptance of the terms contained herein, will you be authorized to submit electronic orders via our site.

We may need to make modifications to these Terms and Conditions from time to time. Supplemental terms and conditions or additional policies or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Please visit https://www.blastbig.com/policies for a complete list of policies applicable to your use of our site.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions. You waive any right to receive specific notices regarding such changes or alterations.

It is your responsibility to periodically review these Terms and Conditions in order to stay informed of any updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the this website after the date such revised Terms and Conditions are posted here.

The information provided and resources presented on this site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

TABLE OF CONTENTS

Eligibility

This website is not intended for use by any persons under 18 years of age. Our site is intended for users who are at least 18 years of age or older. Persons under the age of 18 are not permitted to use or register as a user of our site.

Intellectual Property Notice

This Website (BlastBig.com) and the entire contents contained herein are our sole and exclusive property and belong to us and/or our parent company or business.. You may not sell, modify, rent edit, publish, re-publish, transmit, modify, copy, reproduce, upload, post, , or distribute any portion of this Website or any contents contained herein without our prior expressed written consent and approval. You may not use our site our the material in any manner except for personal, informational, noncommercial uses.

Product Details, Selection, and Use

We may provide Product information and details. This may include specifications, technical information, installation instructions, recommendations, literature, and other materials (collectively referred to as “Product Information”). This Product Information is supplied by us for the Customer’s convenience to aid the Customer in selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without prior notice. The Customer is solely responsible for evaluating and selecting Products and determining whether each Product is fit, suitable or a good match for a particular purpose. Customer is solely responsible for determining whether each Product is suitable for Customer’s desired purposes and method of use. Products are not manufactured to any specific Customer request, requirements or specifications unless expressly agreed to in writing, in advance, by us. Our products may not be resold, packaged/repackaged, resold, or redistributed in any manner without our prior written consent and approval.

Product Warranty

Unless a different warranty is expressly specified within the applicable Product Information or supplied by us within Product packaging (in which case such warranty governs), we only warrant that each Product meets applicable Product specifications at the we ship said Product.  WE MAKE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ARISING OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, OR USAGE OF TRADE.  

We have no obligation whatsoever, under this (or any) warranty with regard to Products that are altered, modified or damaged by Customer. This includes issues arising from improper installation, accident, neglect, misuse, abuse, or mishandling. Customer must notify us within 15 days after receipt that it believes a Product is non-conforming. Afterwards, the Customer with cooperate with our investigation of such claim. If Customer fails to fully cooperate with our investigation, the Customer waives any right or claim with respect to such alleged non-conformance.  The foregoing warranty and remedy shall not apply to clearance, as-is, or pre-owned Products which are sold “as is” and without any warranty of any kind.

Limited Remedy

With respect to any Product warranty that may be applicable, the Customer’s sole and exclusive remedy is (at our option): either repair or replacement of the nonconforming Product or refund of the original purchase price. Any shipping costs involved with a repair or replacement may be the reasonability of the Customer.

Disclaimer

YOUR USE OF THIS SITE AND OUR PRODUCTS ARE DONE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR OUR PROUCTS OR SERVICES WILL BE AT YOUR SOLE RISK WITH NO GUARANTEE OR WARRANTIES OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

EXCEPT FOR THE LIMITED REMEDY DESCRIBED ABOVE, AND EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES, BE LIMITED TO THE LESSER OF THE ACTUAL DAMAGES OR THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS

User Representations

By using the Site, you represent and warrant the following: (1) all registration information you submit will be current, true, accurate and complete; (2) you will maintain the accuracy of all registration information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (6) you will not access this website through automated means whether through a script, bot, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

You may be required, or permitted to register with our website. You agree to keep your login information and password confidential. You will be responsible for all use of your account and password. We reserve the right to change, reclaim, or remove, a username you select if we determine, in our sole discretion, that such username is obscene, inappropriate, hateful,harmful or otherwise objectionable.

User Generated Content and Contributions

We, or the Site, may invite you to chat, contribute to, or participate with blogs, message boards, online forums, and other functionality. This may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit are treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant the following:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  • Your Contributions are not misleading, fraudulent, false, or inaccurate (as determined by us).
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters,, mass mailings, or other forms of spam or solicitation (as determined by us).
  • Your Contributions are not hateful, obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not bully, ridicule, mock, disparage, intimidate, harrass or abuse anyone. (as determined by us).
  • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another individual or entity (as determined by us).
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments connected to (or associated with) race, national origin, gender, sexual preference, or physical handicap (as determined by us).
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in termination or suspension of your account and your rights to use the Site.

In the event we allow you to upload photos or other media, we highly encourage users to remove metadata information and related data that may contain your location and other information.

Contribution License

By posting your Contributions to any part of the Site (or making Contributions accessible to the Site by linking your account from the Site to any of your social networking or social media account), you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any and all media formats and through any and all media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion:

  • To edit, redact, or otherwise change any Contributions;
  • To re-categorize any Contributions to place them in more appropriate locations on the Site;
  • To pre-screen or delete any Contributions at any time and for any reason, without any prior notice or approval. We have no obligation to monitor your Contributions.

Ratings and Review Policy

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  • You should have firsthand experience with the person, product, service, business, or entity being reviewed
  • Your reviews should be free from offensive language, profanity, or abusive, racist, offensive, or hate language (as determined by us).
  • Your reviews should not contain discriminatory references based on gender, race, religion, national origin, age, marital status, sexual orientation, or disability.
  • Your reviews should not contain references to illegal or immoral activity.
  • You should not be affiliated or associated with any competitors if posting negative reviews.
  • You should not make any conclusions as to the legality of conduct;
  • You may not post any false, inaccurate, untrue or misleading statements.
  • You may not organize a campaign or collection of efforts encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Acceptable Use and Prohibited Activities

You may not access or use this site for any other purposes than that for which we make the site available. This website and all associated resources may not be used for, or in connection with, any commercial endeavors except those specifically endorsed or approved by us.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Use the Site to advertise or offer to sell goods and services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Site.
  • Defraud, trick, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Reverse engineer, copy, or deconstruct our products or site.
  • Purchase products, contact us, or interact with our site for purposes of (or efforts relating to) reverse engineering, duplicating, replicating, or deconstructing our products.

Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES OR MAC ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating any new accounts under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party with creation of said account.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Accepted Forms of Payment

We generally accept the following payment methods or forms of payment:

  • Mastercard
  • Visa
  • American Express
  • Discover
  • Any other card or payment method accepted by Square or PayPal.

You agree to pay all charges or fees at the prices then in effect for your order and authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation in accordance with the cancellation information described in this section below.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through our site for any reason whatsoever. In such case we will notify you by email and refund you any payment to us that you have made.

Third-Party Websites and Content

Our website may contain links to other websites (“Third-Party Websites”). This site may contain information or content belonging to or originating from third parties (“Third-Party Content”). Including Third-Party Content on this site or linking to Third-Party Websites does not imply approval or endorsement thereby of us. Please refer to our External Links Policy for more information.

Website Management

We reserve the right, but not the obligation, to:

  • Monitor the Site for any and all violations of these Terms and Conditions;
  • Take appropriate legal action against anyone who, in our sole discretion, violates these Terms and Conditions or applicable law. This includes, but is not limited to, reporting such user to law enforcement agencies or authorities;
  • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  • Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Submissions

You acknowledge, accept and agree that any questions, recommendations, product ideas, comments, suggestions, ideas, feedback, or other information submissions regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions. You hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Social Media and Third Party Accounts

As part of the functionality of the Site, we may offer you (now or in the future) the opportunity to link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

(1) Providing your Third-Party Account login information through the Site; or

(2) Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand and agree that:

(1) We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists

(2) We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement. We are not responsible for any Social Network or Third-Party Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account through your account settings with us or the Third-Party provider (if applicable). You may also deactivate the connection by contacting us using the contact information on our site. We attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Advertisers and Advertisements

We may allow advertisers to display their advertisements and other information in certain areas of the Site. This can include, without limitation, sidebar advertisements, banner advertisements, pop-ups, sponsored posts or listings and more. If you are an advertiser, you shall take full responsibility for any advertisements or promotional material you place on the Site and any services provided on the Site or products sold through those advertisements or promotional material.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and any applicable contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions. You also understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers beyond that.

Accessibility, Modifications and Interruptions

We make no guarantees regarding site uptime and accessibility. We do not guarantee the Site will be available for any specific length of time, or available at all.

We reserve the right to alter, move, relocate, change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without prior notice. However, we have no obligation to update any information on our Site at any time. We also reserve the right to modify or discontinue all or part of the Site at any time, for any reason, without notice.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, Site Features or Site Content

We cannot guarantee the Site will be available at all times. Hardware issues, software problems, or other issues may arise at any time. We may need to perform maintenance related to the Site, resulting in unavailability, interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Applicable Law

Your use of the Site and These Terms and Conditions are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our Products or Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Visiting the Site, completing a purchase, sending us emails, and completing online forms all constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE AND SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Residents and Users

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Corrections

No business or individual is perfect. We are no exception. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including product descriptions, pricing, availability, and other information. We reserve the right to correct any omissions, errors or inaccuracies, and to change or update the information on the Site at any time, without any prior notice.

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Site or in respect to the our Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Contact Us

To receive further information about our site, these Terms or to resolve any complaint regarding our site, please contact us at [email protected]

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