The following terms and conditions and any other policies, rules, or guidelines posted by THINK BIG, INC. on this site govern your use of this site. If you visit or shop at this site, you accept the following terms and conditions, which you agree to have read before using this site or purchasing any of the products available on or through it. These Terms and Conditions may be changed in the future without notice. Your continued use of this site after any changes made constitutes your acceptance of any new Terms and Conditions.

1. Site Usage
THINK BIG, INC. grants you a limited license to access and make personal use of this site and not to download or modify any portion of it, except with express written consent of THINK BIG, INC. This license does not include any resale or commercial use of this site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information, or data gathering for the benefit of another merchant without express written consent of THINK BIG, INC. No portion of this Site may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without express written consent of THINK BIG, INC. You may not use any "hidden text" utilizing THINK BIG, INC.'s name or trademarks without the express written consent of THINK BIG, INC. Any unauthorized use terminates the license granted by THINK BIG, INC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of THINK BIG, INC. so long as the link does not portray THINK BIG, INC. or its products or services in a misleading, derogatory, or otherwise offensive matter. You may not use any THINK BIG, INC. logo or other proprietary graphic or trademark as part of the link without express written consent.

All content included on this Site, such as graphics, logos, and software ("Content"), is the property of THINK BIG, INC. or its suppliers or affiliates ("Business Associates"). Except as expressly provided in these Terms and Conditions, neither we nor our Business Associates grant any rights to you under any patents, copyrights, or trademarks. You understand that by using the Site, you may be exposed to Content that is objectionable to you. You agree that you must evaluate, and bear all risks associated with, the use of any Content. THINK BIG, INC. graphics, logos, and applicable software are the ownership of THINK BIG, INC. All other trademarks, product names, and logos contained in this Site are the property of their respective owners. You may not use these items without the express written consent of THINK BIG, INC. and / or the item owner respectively. If you wish to purchase merchandise or use the services on this Site, you must provide requested information. By entering information on this Site, you represent that: (i) you agree to all terms and conditions herein; (ii) you are using your true identity; (iii) you have provided accurate, current and complete information; and (iv) you are at least 18 years of age.

2. Privacy
We believe strongly in protecting user privacy. Therefore, please refer to our Privacy Policy for information about how we use and collect personal information from users of this Site.

3. User Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not THINK BIG, INC., are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Site. THINK BIG, INC. does not control the User Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that is objectionable to you. Under no circumstances will THINK BIG, INC. be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site.
You agree not to use the Site to:


a. email, transmit, post, or otherwise make available any User Content that is unlawful, harmful, threatening, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, a THINK BIG, INC. representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; harass another user, or collect or store personal data about other users.
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
d. email, transmit, post, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. email, transmit, post, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; intentionally or unintentionally violate any applicable local, state, national or international law;
f. email, transmit, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," or any other form of solicitation;
g. email, transmit, or post, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or applicable equipment;
h. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
You acknowledge that THINK BIG, INC. and its associates shall have the right, but not the obligation, at their discretion to refuse or remove any User Content that is available via the Site. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, or usefulness of such User Content.

4. Termination of Usage
We may suspend or terminate your usage of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change or discontinue all or any rules and aspects of this Site at any time without prior notice.

5. Merchandise Orders
Prices and availability of the products and services listed on this site are subject to change without notice. The listing and description of a product on this Site does not imply that the product is presently available or that we endorse that product. In the event a product is listed at an incorrect price due to an error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price. Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product. Restrictions. Not all products listed on this Site may be available for sale or delivery in every area. All orders of products are subject to prevailing law, including, as appropriate, any regulations and restrictions, if any, imposed by governing bodies having jurisdiction over such orders of products.

6. Advertisements
We, in our sole discretion, may post the advertisements or other materials of third parties on this Site. Your correspondence or any other transaction with advertisers found on this Site is solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisements on this Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.

7. Links
We make no claims or representations regarding the quality, content, nature or reliability of sites accessible by hyperlink from this Site or sites linking to this Site, and we accept no responsibility in connection therewith. Any linked sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. The inclusion of any link does not imply affiliation, or endorsement by THINK BIG, INC. of the linked site or any information contained therein. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each respective site.

8. Ownership Issues
It is THINK BIG, INC.'s strict policy to respect the intellectual property rights of others. If you believe that your intellectual property has been infringed upon, please provide us with the following information:

1. a description of the intellectual property that you claim has been infringed as well as an explanation as to why you believe in good faith that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
2. the location on the Site of the material that you claim is infringing;
3. your name, address, telephone number, and email address;
4. a statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

Send to:
Think Big, Inc.
PO Box 110302
Nashville TN 37222

9. Input
We welcome feedback, suggestions and ideas about this Site and our services and how to improve them. However, all User Content, feedback, ideas, concepts, Site postings and other materials that you disclose or offer to us on or in connection with this Site ("Input") are submitted without any restrictions or expectation of confidentiality. You agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation, all rights now known or hereafter existing to the Input of every kind and nature throughout the universe. You further agree that we shall be entitled to unrestricted use of the Input for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, publish, publicly display, create derivative works from, or otherwise communicate to the public the Input on the Site or elsewhere. You shall not assert any proprietary right or right of any kind with respect to any Input.

10. DISCLAIMERS
You expressly agree that use of this site is at your sole risk. This site, and any content available on this site, are provided on an "as-is" basis. Neither we nor any of our business associates represent that this site will be uninterrupted or error-free, that defects, if any, will be corrected, or that this site is free of viruses or other harmful components; nor do we or they make any representations about the accuracy, reliability, currency, or performance of this site or any content available on this site. To the fullest extent permissible by applicable law, we and each of our business associates disclaim all warranties of any kind, either express or implied, with respect to this site or any content available on this site.

All products purchased on or through this site are subject only to any applicable warranties of their respective suppliers. To the fullest extent permissible by applicable law, we disclaim all warranties of any kind, either express or implied, with respect to products and services listed or purchased on or through this site.
We disclaim any and all liability for product defect or failure, claims that are due to normal wear, product misuse, product modification, improper product selection, or misapplication.

In the event of any problem with this site or any content, you agree that your sole remedy is to cease using this site. In the event of any problem with the products you have purchased on or through this site, you agree that your remedy, if any, is from the supplier of such products, in accordance with such supplier's warranty, return and refund policies, and that we have no liability to you.

Under no circumstances shall we or our employees or any representatives of any association, or any other party involved in creating, producing, transmitting or distributing this site or any part thereof, be liable for any punitive, incidental, indirect or special damages arising from or in connection with this site or any content, products or services made available or listed on it.

Some states and / or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event the foregoing limitation of liability is held to be unenforceable for any reason, our maximum liability for any of the foregoing damages shall be limited to the amount that we receive for the transaction which brought the initial claim.

You agree to indemnify and hold us harmless from any claim, action, demand, loss or damages (including attorneys' fees) arising out of or related to your use of this Site, any purchases you make on or through this Site, Content you post or transmit on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you.

11. Governing Body
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A. You irrevocably consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Davidson County, Tennessee U.S.A.

12. Notices
Except as expressly stated otherwise, all formal notices to us shall be sent to PO Box 681842, Franklin TN 37068, Attn: Legal. All return notices to you shall be sent to the address, either email or regular mail, you provide to us.

13. Miscellaneous
These Terms and Conditions and any other policies or guidelines posted by THINK BIG, INC. on this Site and incorporated herein constitute the sole agreement between you and us relating to your use of this Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either of us. You may not assign or delegate your rights hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon each of us and any respective associates.

Any action or claim against us must be brought in writing within three months following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein.
A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial proceedings based upon or relating to these Terms and Conditions to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14. Contact Information
If you have any questions or would like additional information regarding this Site or THINK BIG, INC., please contact us via email or contact us at PO Box 110302, Nashville TN 37222.

Have questions? Call us TOLL-FREE at 888-294-5459 (or at 615-833-9350) to speak to a live person.
Or you can fax in your order TOLL-FREE to 888-295-1136.
© 2002 think big, inc.. - all rights reserved - privacy policy - terms and conditions