Website Terms and Conditions of Use AND MEMBERSHIP
These Terms and Conditions of Use (the “Agreement”) create a legal agreement between you and Second Stage Leaders PBC DBA Big Rock Leaders (hereinafter referred to as “Website Owner”), the owner and developer of Bigrockleaders.com. By registering and paying for a membership (a “Membership”) with Website Owner, you become a Member (a “Member”), and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Member. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY BIGROCKLEADERS.COM SERVICE, INCLUDING MEMBERSHIP.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. BIGROCKLEADERS.COM RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU, SO PLEASE CHECK BACK AND REVIEW THEM OFTEN.
- Limitations of Liability and Indemnification. By becoming a Member and using any services provided by Bigrockleaders.com, you agree that in no event will Bigrockleaders.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website, using your Membership, or using any of the services available. Your sole remedy for dissatisfaction with your Membership, Bigrockleaders.com or any products, services, content, or other information available on or through them, is to discontinue your Membership and cease using Bigrockleaders.com. You indemnify and agree to defend and hold harmless Bigrockleaders.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your status as a Member or your use of Bigrockleaders.com, including any breach by you of the Terms contained in this Agreement.
- Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of your status as a Member or the services provided on Bigrockleaders.com. You understand that Bigrockleaders.com and Website Owner do not perform psychological testing or background checks on the individuals who may use the Bigrockleaders.com services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Bigrockleaders.com, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.
- Do Not Rely on Bigrockleaders.com. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Bigrockleaders.com or Website Owner. Bigrockleaders.com and Website Owner do not warranty the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
- Warning re: Offensive Information. It is possible that other Bigrockleaders.com Members will post or send offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of Bigrockleaders.com, have access to personal information about you. Bigrockleaders.com, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
- Right to Monitor. Bigrockleaders.com and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
- Confidentiality. It is agreed that all personal information given to Bigrockleaders.com or Website Owner, will be kept confidential by Bigrockleaders.com and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another Member, which will disclose your e-mail address to that Member or (4) you have harassed another person via any service provided by Bigrockleaders.com, in which case the confidentiality clause contained in this Agreement is rendered null and void.
- Ownership, Copyrights, Trademarks, Licenses. Bigrockleaders.com and Website Owner own and retain all proprietary rights to the Bigrockleaders.com service, its trademarks and copyrights, including the trade name “Big Rock Leaders”. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Bigrockleaders.com and Website Owner, other than pursuant to the limited license granted herein.
Subject to this Agreement and to the payment of your Membership fees as and when due, Website Owner grants you a limited, revocable, personal, nontransferable, non-sublicensable, nonexclusive license to use the content provided Website Owner (the “Content”). You may retrieve and display the Content on a computer screen, print the Content on paper, distribute copies of the Content within your company or to other active Members of the “big rock leaders” community and store the Content in electronic form on your computer for your personal use. As a condition of your use of Bigrockleaders.com or any of its services, you warrant to Website Owner that you will not use Bigrockleaders.com for any purpose that is unlawful or prohibited by this Agreement. Except as expressly set out above, you may not: (a) reproduce, modify, distribute or in any way commercially exploit any of the Content, (b) reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network, or regularly or systematically store in electronic or print form, all or any part of the Content, (c) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service), (d) remove the copyright or trade mark notice from any versions or reproductions of the Content made under these Terms of Use, (e) collect account information for the benefit of another party, (f) use any meta tags or any other ‘hidden text’ utilizing any of Website Owner’s trademarks or Content, (g) use Website Owner’s names or trade names in any way in any domain name or URL, or (h) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our networks or infrastructure. Any other use of the Content or Bigrockleaders.com not specifically permitted above is expressly prohibited. By posting any information to Bigrockleaders.com and/or Website Owner, you represent that you have the right to grant permission for use by Bigrockleaders.com and Website Owner.
- No Warranties. Bigrockleaders.com and Website Owner provide the Bigrockleaders.com services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Bigrockleaders.com and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected. Website Owner intends and believes that the Content will be helpful, but it should not be construed as legal, accounting, tax or other professional advice on any subject matter.
- Term and Termination. Website Owner may, in its discretion, terminate or suspend your access to all or part of Bigrockleaders.com (including any right to access and use the Content). Website Owner reserves the right to refuse to offer access to Bigrockleaders.com or the Content to anyone at anytime without notice. The rights of termination are in addition to all other rights or remedies of Website Owner provided in these Terms of Use or by law or in equity. If you terminate your Membership, Website Owner will have no obligation to refund you any fees you may have paid except as may be required by applicable law or court order.
- Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Michigan, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Eastern District of Michigan, and you hereby consent to the jurisdiction of any such court.
- Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
- Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on Bigrockleaders.com will be truthful. In accessing and using Bigrockleaders.com, you understand and agree that basic information concerning you, given to Bigrockleaders.com, will be published on the website for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
- Entire Agreement. This Agreement constitutes your entire Agreement with Bigrockleaders.com and Website Owner with respect to any services.
- Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
