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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 681842
Franklin TN 37069
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.
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