bigelitehealth website terms and conditions
Effective Date: January 1, 2016
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH bigelitehealth OFFERS YOU ACCESS TO ITS WEBSITE AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY.
Modifications of Agreement. bigelitehealth reserves the right to make changes to our Site, this Agreement, or the policies incorporated herein by reference, with or without notice, at our sole discretion. Therefore, it is recommended that You regularly visit this page and familiarize Yourself with the latest version of this Agreement. Your continued use of our Site will signify Your acceptance of any revised terms. Unless otherwise stated, all amended terms shall be effective upon posting to our Site. Furthermore, we may modify, suspend, and/or discontinue part or all of the Services at any time. We make no promises or guarantees regarding the continuation of any Services provided by this Site.
Electronic Communications. By registering an Account, You agree that bigelitehealth may send e-mails to You and You consent to receive e-mail or other electronic communications from bigelitehealth.
Trademarks and Copyrights. The trademarks, service marks and logos on the Site and all content, recipes, material, information, images, text, designs, graphics and software on the Site, are owned by or licensed to bigelitehealth, subject to trademark law, copyright law and/or other intellectual property laws. You may access, copy, download and print the material contained on the Site for Your personal and non-commercial use, provided You do not modify or delete any copyright, trademark or other proprietary notice that appears on the material You access, copy, download or print. Any other use of the content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to bigelitehealth, is expressly prohibited.
User Provided Content. If You have registered for an Account You may be able to submit recipes, images, and other content to the Site (“User Provided Content”). bigelitehealth does not claim ownership in any User Provided Content, but by providing such User Provided Content, You hereby grant to bigelitehealth an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute such User Provided Content in any and all media (now known or later developed) throughout the world. bigelitehealth may modify or adapt User Provided Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to User Provided Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You further agree that no compensation will be paid with respect to You for the User Provided Content that You post to the Site. All User Provided Content will be public and viewable so You should only post content to the Site that You are comfortable sharing with others under the terms of this Agreement.
Rights in User Provided Content. By submitting User Provided Content, You hereby represent and warrant that: (a) You have all necessary right, power, and authority to grant the license granted under this Agreement in the User Provided Content; and (b) Your User Provided Content does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.
Publication of User Provided Content. Publication or use of any User Provided Content is at the sole discretion of bigelitehealth and bigelitehealth is under no obligation to publish or use any User Provided Content. If Your User Provided Content is published, used and/or posted on the Site or otherwise used by bigelitehealth, we may include Your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering User Provided Content, You hereby grant bigelitehealth the right to use Your name in connection with the publication, use or posting of Your User Provided Content.
Removal of User Provided Content. bigelitehealth reserves the right to remove or delete User Provided Content for any reason whatsoever in its sole discretion with or without notice to You.
Third Party Content. The Site contains content provided by users and third parties, and bigelitehealth does not control such content. Therefore, You agree that: (a) bigelitehealth is not responsible for any such content, including advertising and information about third party recipes, products, services, and other information provided by users; (b) bigelitehealth makes no guarantees about the accuracy, currency, suitability, or quality of the information in such content; and (c) bigelitehealth assumes no responsibility whatsoever for unintended, objectionable, inaccurate, misleading, or unlawful content made available on the Site by users.
User Conduct. This Site might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material You upload or transmit to the discussion forums or interactive areas of this Site. You agree not to use the Site to do any of the following:
Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable (“Prohibited Material”);
Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
Without bigelitehealth written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
Harm minors in any way; or
Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
No Disruption. You will not: (i) cover or obscure any banner advertisements on the Services via HTML/CSS, scripting, or any other means; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (iii) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iv) interfere with, disrupt, or modify any data or functionality of the Services.
Intellectual Property Infringement. bigelitehealth respects the intellectual property rights of others, and bigelitehealth asks users to do the same. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on the Site, please provide bigelitehealth designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if there are multiple works, a single notification providing a representative list of such works at that Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit bigelitehealth to locate the material.
Information reasonably sufficient to permit bigelitehealth to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
bigelitehealth agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. bigelitehealth EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. bigelitehealth MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND bigelitehealth MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You.
Limitation of Liability. YOU AGREE THAT THIS SITE, bigelitehealth, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY: YOUR USE OF OR INABILITY TO USE THE SERVICES; YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION FOUND ON THIS SITE; OR THE SAFETY OR SECURITY OF THE SERVICES, EVEN IF bigelitehealth HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE.
You agree to indemnify and hold harmless this Site, bigelitehealth, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.
Governing Law and Venue. Your use of the Site and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Cumberland County, Tennessee. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against bigelitehealth. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
Attorneys’ Fees. In the event that bigelitehealth must bring legal action in order to enforce this Agreement or You bring legal action against bigelitehealth, and if bigelitehealth prevails, You shall pay bigelitehealth costs of litigation, including reasonable attorneys’ fees and court costs.
These terms of this Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by bigelitehealth without restriction.
Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.