Sarah Longwell: Unpacking the First 10 Days of the New Trump Administration

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Thursday, January 30, 2025, 5:00 pm EST

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Terms of Use

BigTentUSA, Inc.
Terms of Use
Last Updated and Effective: 2/15/24
Welcome to BigTentUSA!
BY ACCESSING OR USING THE PLATFORM YOU ARE INDICATING THAT YOU HAVE READ AND
UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND
BY THE TERMS.
If you are accepting or agreeing to the Terms on behalf of a company or other legal entity, you represent
and warrant that you have the authority to act on behalf of and bind that entity to the Terms.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM OR
SERVICES.
1. ABOUT THE TERMS
2. IMPORTANT INFORMATION ABOUT THE PLATFORM
3. REGISTERING FOR AN ACCOUNT
4. FEES AND PAYMENT TERMS
5. USER CONDUCT GUIDELINES
6. INTELLECTUAL PROPERTY OWNERSHIP
7. NO ENDORSEMENT
8. THIRD PARTY TERMS
9. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
10. GOVERNING LAW & DISPUTE RESOLUTION
11. MISCELLANEOUS
1. ABOUT THE TERMS
1.1 Key Terms
As used in these Terms of Use:
● “App” refers to any downloadable application (including, a mobile application) owned or operated
by BigTentUSA, through which access to the Services is available. References to the “App”
include any and all features, functionality, tools and content available on or through each such
application.
● “Platform” refers, collectively, to any and all Websites, Apps, Platform Content, and other
technology through which BigTentUSA provides the Services.
● “Platform Content” refers to any and all videos, text, photos, information and other content
included, provided or made available on or through the Platform, including all User Content
except Your Content.
● “Services” refers to any products, features, or services provided by BigTentUSA and its service
providers, and any and all related services and promotions.
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● “User Content” or “Your Content” refers to videos, text, photos, tracking information, and other
information or content captured, recorded, streamed, stored, shared or otherwise made available
or caused to be made available by Users on or through the Platform.
● “Users” means any and all persons that access or use the Platform. References to “access”
and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing
the Website and accessing or using the Services.
● “Website” refers to any website (and various sub domains) owned or operated by BigTentUSA
(including the website currently located at www.bigtentusa.org, through which access to the
Services is available. References to the “Website” include any and all features, functionality, tools
and content available on or through each such website.
● “BigTentUSA,” “we,” or “us” refers to BigTentUSA as well as our officers, directors, employees,
contractors and agents. To the extent applicable, they also refer to our affiliates, service providers
and licensors, and their respective officers, directors, employees, contractors and agents.
1.2 Platform Rules and Supplemental Terms
Your access to and use of the Platform is governed by the terms and conditions of these Terms of Use,
our Privacy Policy, currently located at www.bigtentusa.org/privacy-policy (as described in more detail in
Section 11.1 below), any and all other policies and rules referenced herein, posted on the platform, or
otherwise communicated to users (the “Platform Rules”).
Certain of the features, functionality, tools, content, and promotions available on or through the Platform
may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you
choose to access or use those features, functionality, tools or content or participate in those promotions,
the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use.
If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms
will govern and control with respect to the applicable features, functionality, tools, content and promotions.
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, PLATFORM RULES AND ALL
APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY
CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES
IN CONNECTION WITH YOUR USE OF THE PLATFORM AND SERVICES. FOR EXAMPLE, THE
TERMS INCLUDE:
● IMPORTANT INFORMATION ABOUT THE FUNCTIONAL LIMITATIONS OF THE PLATFORM
AND/OR THE SERVICES;
● YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
● LIMITATIONS OF OUR LIABILITY TO YOU; AND
● A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS,
RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING.
YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES IS CONDITIONED ON YOUR
ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
1.3 Amendment of Terms
BigTentUSA reserves the right, in its sole discretion, to amend the Terms, at any time and without prior
notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend”
or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms
and post the updated version. We may also, at our option, choose to notify you by e-mail or another
means. By continuing to use the Platform after we have posted an updated version of the Terms or
otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms.
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This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended
Terms are not acceptable to you, your only recourse is to stop using the Platform.
No other modification, amendment, supplement of or to the Terms will be binding on BigTentUSA unless it
is in writing and signed by an authorized representative of BigTentUSA.
1.4 Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or
access to the Platform, and may subject you to civil and criminal penalties.
2. IMPORTANT INFORMATION ABOUT THE PLATFORM
2.1 License to Use
Subject to your compliance with the Terms, BigTentUSA grants you a limited non-exclusive,
non-transferable, non-assignable and non-sublicensable license to access and use the Platform and
Services. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the
Platform as provided by BigTentUSA, in the manner permitted by the Terms.
2.2 Set-Up and Operating Requirements
In order to use the Services, you must:
● have internet access (e.g., WiFi or 3G /4G with a data plan);
● register for an account (as set forth in more detail below in the “Accounts” section below); and
● provide and maintain complete, accurate and up-to-date account information, including contact
information for your emergency contacts.
If any of the above requirements are not met, you will not be able to use some or all of the Services.
2.3 Service Limitations
In addition to the set-up and operating requirements, there are certain other circumstances that may limit
the availability or effectiveness of the Services.
● Service Area – The Platform is currently configured for use in the United States only, and is not
intended for use outside of the United States.
● Service Interruptions – The Services can be interrupted for any reason that disrupts internet
access or GPS capabilities, including in the event of:
o electrical power outages
o natural disasters
o electronic interference
o an outage affecting the data transport service
o failure of originating or terminating access lines
o network congestion and/or reduced routing speed BigTentUSA’s network or another
network (for example, due to spikes in call volume in the wake of local or national
disasters), causing failed calls, busy signals or unexpected answering wait times
(which may be longer than emergency calls placed via traditional telephone
networks)
o compatibility issues
o equipment failures relating to your equipment or BigTentUSA’s equipment, including,
hardware or software failures or misconfiguration affecting BigTentUSA, its offices,
data centers, and/or any of its service providers
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2.4 Acknowledgements
YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
● BIGTENTUSA DOES NOT AND CANNOT GUARANTEE THAT THE PLATFORM WILL BE
CONTINUOUS OR ERROR-FREE. FOR EXAMPLE, THE PLATFORM WILL NOT BE
AVAILABLE OUTSIDE OF THE SERVICE AREA OR UNDER CIRCUMSTANCES SET
FORTH ABOVE.
● IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR
PLATFORM IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT
OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR
ALL OF THE PLATFORM.
● YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND
YOUR CONTENT. ABUSE OF THE SERVICES MAY SUBJECT YOU TO CIVIL AND
CRIMINAL FINES AND PENALTIES.
2.5 Modifications and Updates to the Platform and Services
BigTentUSA reserves the right, in its sole discretion, to modify or discontinue offering the Platform and/or
Services, in whole or in part, including any Website, or any features, functionality, tools or content thereof,
at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose
limits on your use and storage of the User Content at our sole discretion at any time without prior notice to
you.
We may from time to time develop and provide updates for the App, which may include upgrades, bug
fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively,
“Updates”). Updates may also modify or delete features, functionality, tools or content in their entirety.
Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the
Updates will automatically download and install; or (b) you may receive notice of or be prompted to
download and install available Updates. Please promptly download and install all Updates. If you do not,
portions of the App may not properly operate. All Updates will be deemed part of the App and be subject
to all terms and conditions of the Terms.
You agree that BigTentUSA has no obligation to provide any updates or to continue to provide or enable
any particular features, functionality, tools or content, and will not be liable with respect to any such
modifications, discontinuance or deletions.
2.6 International Users
The Platform is controlled and operated within the United States and is not intended for use outside of the
United States. You are hereby prohibited from accessing or using the Platform from any territory where
the Platform or any of the features, functionality, tools, content thereof, is illegal. If you choose to access
the Platform from a location outside the United States, you do so at your own risk and you are solely
responsible for compliance with applicable laws, rules and regulations, including export laws and any
regulations and local laws regarding online conduct and content.
2.7 Reliance on Information Posted
All Platform Content, including without limitation any advice, information, content, or other materials, is
made available solely for general information purposes. We do not warrant the accuracy, completeness or
usefulness of Platform Content. Any reliance you place on Platform Content is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such information by you or
any other User, or by anyone who may be informed of any of its contents.
3. FEES AND PAYMENT TERMS
3.1 Payment/ Credit Cards
YOU ARE RESPONSIBLE FOR PROVIDING BIGTENTUSA WITH VALID CREDIT CARD OR PAYMENT
ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Please note that the payment
information, including name and contact information, that you submit when you register may be used and
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shared with our payment processing services provider and otherwise used in accordance with our Privacy
Policy.
Please note that the payment information, including name and contact information that you submit when
you register may be used and shared with our payment processing services provider and otherwise used
in accordance with our Privacy Policy.
We may contact you via email regarding your account, for example, in connection with a problem with
your credit card or payment account.
3.2 No Refunds
Unless BigTentUSA agrees or states otherwise in writing, all fees and charges are nonrefundable.
4. USER CONDUCT GUIDELINES
Any time you access or use the Platform, you are required to comply with our User conduct guidelines, as
set forth below.
You are not authorized to access or use the Platform:
● to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials,
affiliations or intentions;
● to collect, store or use any information from or about another User, other than to provide aid to
such User or as otherwise authorized and intended by such User;
● to “stalk” or harass any other User;
● to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters
or “pyramid” schemes;
● for political campaigning, recruiting votes or soliciting donations or other support for legislative or
other initiatives;
● to systematically retrieve information or content to create or compile, directly or indirectly, in
single or multiple downloads, a collection, compilation, database, directory or the like, whether by
manual methods, through the use of bots, crawlers, or spiders, or otherwise;
● if you are not able to form legally binding contracts (for example, if you are under 18);
● if you are a person barred from receiving services under the laws of the United States or other
applicable jurisdiction; or
● for any other purposes that are not expressly permitted by the Terms.
Further, you may not:
● access, copy, distribute, share, publish, use or store any Platform Content, including any
information from or about any other User, for purposes that are inconsistent with our Privacy
Policy, or otherwise violate the privacy rights or any other rights of other Users or any other third
party, including by disclosing, selling, renting, distributing or exposing any Platform Content to a
third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the
Platform;
● access, copy, distribute, share, publish, use or store, or prepare derivative works from any
Platform Content that belongs to BigTentUSA, another User or to a third party, including works
covered by any copyrights, trademark, patent, or other intellectual property right, except with prior
express permission of the person or entity party holding the rights to license such use;
● share your user ID/username or transfer your account to another party without our consent;
● circumvent our systems, policies, determinations as to your account status, including by
attempting to access or use the Platform if your account has been suspended or cancelled or you
have otherwise been temporarily or permanently prohibited or blocked from using the Platform;

 
 
therein are the exclusive property of BigTentUSA and its licensors. You will not remove, alter or obscure
any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in
or accompanying the Platform or Services.
You hereby grant BigTentUSA an unrestricted license to utilize all data generated by its provision of the
Platform and/or Services in an aggregated and/or anonymous format for its commercial benefit, including,
but not limited to, sharing such aggregated and/or anonymous data with third parties.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other
trademarks and service marks associated with BigTentUSA (the “BigTentUSA Marks”) are the property
of BigTentUSA, and that you are not permitted to use the BigTentUSA Marks without our prior written
consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly
perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit
any features, functionality, tools or content of the Platform or Services in any form or by any means, or
sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written
permission of BigTentUSA or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at BigTentUSA’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights
owned or controlled by BigTentUSA or its licensors, except for the licenses and rights expressly granted in
the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
Notwithstanding the above, BigTentUSA authorizes you to make one (1) electronic or paper copy of the
information posted on any page of the Website, provided that the copy is used solely for non-commercial,
personal purposes, and further provided that any such copy remains protected by all copyright,
trademarks, BigTentUSA Marks, and other proprietary notices and legends contained on the Website.
This license does not include the right to modify this Website, or any portion of it, except with the express
written consent of BigTentUSA. Any resale or commercial use of the Website or its contents; any
collection and use of any product or service listings, descriptions, or prices; any derivative use of this
Website or its contents; any downloading or copying of account information or product drawings for the
benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction
rules is prohibited.
5.2 Your Content
Your Content may be viewed by other Users and by other persons or entities, including through third party
services and websites. Thus, you should only capture, record, upload, stream, share or store videos,
images, information and other content that you are comfortable sharing with others.
By capturing, recording, uploading, streaming, sharing or storing Your Content, you hereby grant
BigTentUSA a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use,
copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display
Your Content in any and all media as necessary to provide the Services to you, including, customer
support services, and otherwise operate the Platform, including for product development and de-bugging
purposes.
You agree that this license includes the right for BigTentUSA to provide, promote, and improve the
Platform and Service and to make Your Content available to other companies, organizations or individuals
who have a business relationship with BigTentUSA (“partner”) for the syndication, broadcast, distribution
or publication of such content on other media and services, subject to our terms and conditions for such
use.
Such additional uses by BigTentUSA, or other companies, organizations or individuals who partner with
us, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks
and in various media and/or make changes to Your Content as are necessary to conform and adapt that
content to any requirements or limitations of any networks, devices, services or media. You further grant
us the right to use, copy, distribute, post, broadcast, publicly perform, publish and display your name, city,
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state and other information in connection with Your Content as described herein or elsewhere on the
Platform, subject to any applicable data protection laws.
BigTentUSA does not claim any ownership rights in Your Content and nothing in the Terms will be
deemed to restrict any rights that you may have to use and exploit any such content, subject only to the
licenses granted to BigTentUSA under these Terms.
You acknowledge and agree that you are solely responsible for Your Content, and for any consequences
thereof, including the use of your Content by other users and our third-party partners.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights
granted herein to Your Content, and that neither Your Content, nor BigTentUSA’s use of Your Content (or
any portion thereof) on or through the Platform or in connection with the Services will infringe,
misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade
secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights,
rights of publicity or privacy or data protection or contractual rights, or result in the violation of any
applicable law or regulation.
You understand that Your Content may be syndicated, broadcast, distributed, or published by our partners
and if you do not have the right to submit Your Content for such use, it may subject you to liability.
BigTentUSA will not be responsible or liable for any use of Your Content by BigTentUSA, any other User,
or any third party in accordance with the Terms.
5.3 Feedback
We welcome and encourage you to provide feedback, comments, ideas and suggestions for
improvements, enhancements and modifications to the Platform (“Feedback”). You may submit Feedback
by e-mailing us, at [email protected]. You acknowledge and agree that all Feedback you give us (i) will
be treated as non-confidential, and (ii) will be the sole and exclusive property of BigTentUSA. Without
limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by BigTentUSA
or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You
hereby irrevocably transfer and assign to BigTentUSA all of your right, title, and interest in and to all
Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or
intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may
reasonably be required from time to time to perfect BigTentUSA’s rights in such improvements,
enhancements and modifications.
6. NO ENDORSEMENTS
6.1 Users
Users are required by the Terms to provide accurate information and, although BigTentUSA may conduct
certain limited checks and/or institute certain processes designed to help verify information provided by
Users, we do not guarantee the completeness or accuracy of any information provided by any User,
including the User’s purported identity, credentials or background.
Any indication that a User has been “verified” (or similar language) only means that the User has
completed a relevant verification process. It is not an endorsement, certification or guarantee by
BigTentUSA about the User, including of the User’s identity, credentials or background. Any such
description is intended only help you to evaluate and you make your own decisions about the identity and
suitability of others whom you contact or interact with via the Platform.
We recommend that you exercise due diligence when deciding to communicate or interact with another
User, and we will not be responsible or liable for any damage or harm resulting from your interactions with
other Users.
6.2 Links to Third-Party Websites and Services
The Platform may also provide links to third-party websites, resources or services. You acknowledge and
agree that BigTentUSA is not responsible or liable for (i) the availability, terms or practices of such
websites, resources or services, or (ii) the content, products or services available on or through such
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websites, resources or services, including that any information provided is complete, accurate or
up-to-date. Links to such websites, resources or services do not imply any endorsement by BigTentUSA
of such websites, resources or services or the content, products or services available on or through such
websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from
your use of any such websites, resources or services or the content, products or services available on or
through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such
websites or services, or the content, products or services available on or through such websites or
services.
7. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
7.1 Warranties by Users
You represent and warrant to BigTentUSA that:
(i) you have the power and authority to accept and agree to the Terms;
(ii) you own or control all of the rights necessary to grant the rights and licenses granted
herein;
(iii) you will not violate any federal, state or local laws, rules or regulations or infringe the
rights of any third party, including, any intellectual property, privacy or publicity-related
rights, in connection with Your Content or otherwise in connection with your access to or
use of the Platform and Services;
(iv) the exercise by BigTentUSA of the rights granted by you hereunder will not cause
BigTentUSA to violate any applicable laws, rules or regulations, to infringe the rights of
any third party; and
(v) all account information provided by you will be complete, accurate and up-to-date when
provided, and updated as necessary to ensure that it remains complete, accurate and
up-to-date.
7.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PLATFORM AND SERVICES ARE PROVIDED
“AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE
MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, BIGTENTUSA EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF
COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM,
WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE PLATFORM OR SERVICES, OR
THAT USE OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE,
WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY PLATFORM
CONTENT.
7.3 Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM IS
AND REMAINS WITH YOU.
WITHOUT LIMITING THE FOREGOING, BIGTENTUSA DISCLAIMS ANY AND ALL LIABILITY
RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE PLATFORM, (II) THE ACTS OR
OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, AND (III)
ANY USER OR PLATFORM CONTENT ACCESSED, VIEWED OR DOWNLOADED IN
CONNECTION WITH THE USE OF THE PLATFORM.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE PLATFORM,
SUBMITTING AND TRANSMITTING YOUR CONTENT, COMMUNICATING OR INTERACTING
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WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE USER
CONTENT OF OTHER USERS ARE DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU AND HEREBY RELEASE BIGTENTUSA AND WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE
FOREGOING.
IN NO EVENT WILL BIGTENTUSA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES
FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES
FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT BIGTENTUSA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN
IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO
THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF
LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE
UNENFORCEABLE, BIGTENTUSA’S AGGREGATE LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S.
DOLLARS (US$100).
7.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF
LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN BIGTENTUSA AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES
ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
7.5 Exclusions
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION,
WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY
NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM
DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION
THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE
LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
7.6 Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and
hold BigTentUSA its parent, subsidiaries, affiliates, licensors and service providers, and its and their
officers, directors, shareholders, agents, employees and representatives, harmless (collectively
“indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and
expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any
other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise)
of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or
relating to or in any way connected with (i) your access to or use of the Platform, including any and all
features, functionality, tools, content and promotions available on and through the Services, (ii) Your
Content, (iii) any interactions with any other User, (iv) your breach of the Terms, including any violation of
national, federal, state or local or other applicable laws, rules or regulations or any infringement or
misappropriation of the rights of any third party, and (v) your gross negligence or willful misconduct.
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7.7 Obligation to Defend.
You agree that, at BigTentUSA’s option, you will conduct the defense of any such claim or action; provided
that, notwithstanding our election that you conduct the defense, (i) BigTentUSA may nevertheless
participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii)
you will not enter into any settlement or other compromise without the prior written approval of
BigTentUSA (which approval shall not be unreasonably withheld), unless such settlement or other
compromise includes a full and unconditional release of the relevant parties from all liabilities and other
obligations in respect of such claim or action.
7.8 No Implied Indemnity.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except
as provided by the Terms.
8. GOVERNING LAW & DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT
TO FILE A LAWSUIT IN COURT, AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU
AND BIGTENTUSA HAVE AGAINST EACH OTHER ARE RESOLVED.
8.1 Governing Law
The Terms shall be governed by and interpreted in accordance with the laws of Delaware without regard
to conflict of law principles.
8.2 Dispute Resolution
You agree that these Terms, including this “Governing Law & Dispute Resolution” section, affect interstate
commerce and are governed by the Federal Arbitration Act.
This Dispute Resolution Section applies broadly to any dispute, claim or controversy (“Dispute“) between
you and BigTentUSA arising out of or relating to your use of the Platform, these Terms, the Privacy Policy,
other applicable company terms or policies, and any aspect of your relationship with us, whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute shall be interpreted
broadly. Dispute shall also include any dispute, claim, or controversy that arose before you assented to
these Terms or after termination. Notwithstanding the foregoing, Dispute shall not include disputes,
claims, or controversies concerning patents, copyrights, trademarks, trade secrets, and claims of piracy or
unauthorized use of the Platform. You or BigTentUSA may seek interim or preliminary relief from a court
of competent jurisdiction as needed to protect the status quo pending completion of arbitration.
8.3 Mandatory Informal Dispute Resolution Process
We hope that no Disputes arise between you and BigTentUSA, and we are committed to working with you
to resolve any Dispute that does arise. To that end, both parties agree that we will make a good faith effort
to resolve the Dispute informally for at least sixty (60) days before proceeding in arbitration or court
pursuant to this “Informal Dispute Resolution Process.” You and BigTentUSA agree to give the other
notice of the Dispute, by providing a written “Notice of Dispute” that is personally signed by you (if you are
initiating the Notice of Dispute) or a BigTentUSA representative (if we are initiating the Notice of Dispute).
The Notice of Dispute must contain the following information: (1) the initiating party’s name, address,
telephone number, and email address, and account information, if applicable; (2) a detailed description of
the nature and basis of the Dispute; and (3) the specific relief sought. You must send any such Notice of
Dispute to BigTentUSA by email to [email protected]. We must send any such Notice of Dispute to you
at the email address we have on file for you, if we have one; if we do not have an email address on file for
you, you agree that we may attempt to reach you through other reasonable means. You and BigTentUSA
agree to use their best efforts to settle any Dispute informally, for a sixty (60) day period from the date that
a completed Notice of Dispute is received (or longer, if agreed by both parties). If the party receiving the
Notice of Dispute requests a telephone settlement conference as part of this informal process, you and
BigTentUSA agree to participate in an effort to resolve the Dispute. Should BigTentUSA make this
request, you agree to attend this conference (with your counsel, if you are represented). Should you make
the request, BigTentUSA agrees to have a representative attend this conference (with counsel, if
BigTentUSA is represented).
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You and BigTentUSA agree that neither party may initiate arbitration or litigation without first attempting to
resolve the Dispute informally through this Informal Dispute Resolution Process, that adhering to the
Informal Dispute Resolution Process is a condition precedent to arbitration or litigation, and that this
requirement can be enforced by a court of competent jurisdiction. Any applicable limitations period
(including the statute of limitations) and any filing fee deadlines shall be tolled while you and BigTentUSA
engage in this Informal Dispute Resolution Process.
8.4 Small Claims Court
Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside
may be brought in that court on an individual basis. Any Dispute filed in small claims court must remain in
small claims court and may not be removed or appealed to a court of general jurisdiction.
8.5 Mandatory Arbitration
BigTentUSA believes that Disputes are most effectively and efficiently resolved on an individual basis
through arbitration. BOTH YOU AND BIGTENTUSA AGREE THAT, EXCEPT AS OTHERWISE
PROVIDED IN THIS DISPUTE RESOLUTION SECTION, ANY INDIVIDUALIZED DISPUTE THAT IS
NOT RESOLVED THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS OR SMALL CLAIMS
COURT SHALL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THIS MANDATORY
ARBITRATION CLAUSE OF THE GOVERNING LAW & DISPUTE RESOLUTION SECTION
(“MANDATORY ARBITRATION CLAUSE”).
THE PARTIES UNDERSTAND AND AGREE THAT THEY MAY NOT FILE A CLAIM AS PART OF A
MASS ARBITRATION. THE ARBITRATION PROVIDER SHALL PROMPTLY REJECT OR TERMINATE
ANY MASS ARBITRATION CLAIM EITHER YOU OR BIGTENTUSA FILES AGAINST THE OTHER.
THE PARTY AGAINST WHOM THE MASS ARBITRATION WAS FILED SHALL HAVE A RIGHT TO
ENFORCE THESE TERMS IN A COURT OF COMPETENT JURISDICTION AND SHALL BE
ENTITLED TO RECOVER THEIR ATTORNEY’S FEES AND COSTS FOR SUCH ENFORCEMENT.
As used in the Mandatory Arbitration Clause, “Mass Arbitration” is defined as twenty-five (25) or more
similar claims asserted against BigTentUSA by the same or coordinated attorney(s) or law firm(s), or that
are otherwise coordinated.
The arbitration shall be administered by AAA pursuant to the AAA Commercial Arbitration Rules and
Mediation Procedures (“AAA Commercial Rules”), and other applicable rules, including without
limitation, the AAA Consumer Arbitration Rules (“AAA Consumer Rules”), as modified by these Terms.
The AAA Commercial Rules and AAA Consumer Rules are available at: www.adr.org. The arbitration will
be heard by a single, neutral arbitrator (“Arbitrator”) selected pursuant to the AAA Rules, as modified by
these Terms. If AAA is unable or unwilling to administer the arbitration consistent with these Terms, the
parties shall agree on an alternative provider that will do so. If the parties cannot agree, they shall jointly
petition a court of competent jurisdiction to appoint an arbitration provider that will do so.
Arbitration will be held in the county in which you reside. If AAA is unable to administer the arbitration in
the county or parish in which you reside, the arbitration shall be administered by another provider
selected by agreement of the Parties or a court, consistent with these Terms.
You and BigTentUSA’s representative shall personally appear at any hearing ordered by the arbitrator
(along with your and the BigTentUSA’s counsel, if represented). For claims of more than $25,000 (and for
claims seeking individualized injunctive, equitable, or declaratory relief that are not brought in small claims
court as set forth above), a telephone, virtual, or in-person hearing shall be held, and you and
BigTentUSA’s representative shall personally appear (along with your and BigTentUSA’s counsel, if
represented). Each party reserves the right to request a telephonic, video, or in-person hearing from the
Arbitrator. The parties can agree to waive a hearing.
The party seeking to initiate arbitration must send the other party a “Demand for Arbitration” pursuant to
the AAA Commercial Rules, any other applicable AAA rules, and this Mandatory Arbitration Clause. If you
are initiating arbitration, you shall serve the Demand for Arbitration on BigTentUSA by email to
[email protected]. If we are initiating arbitration against you, we will serve the Demand for Arbitration
on you by email to the email address we have on file for you or to the email address you identified during
the Informal Dispute Resolution Process.
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By signing and serving the Notice of Intent to Arbitrate, that party (and their counsel, if represented)
certifies that they have complied with (1) the Informal Dispute Resolution Process and (2) the
requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are
neither frivolous nor brought for an improper purpose. The Arbitrator is authorized to award any relief or
impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state
law against all appropriate persons (including counsel) as a court would.
You and BigTentUSA agree that arbitration is designed to be cost-effective for all parties. The arbitration
fees are governed by AAA’s Commercial Arbitration Rules and Mediation Procedures Administrative Fee
Schedule (“Commercial Fee Schedule”) or Consumer Arbitration Rules Costs of Arbitration (“Consumer
Fee Schedule”), as applicable, as modified by these Terms. AAA’s Commercial Fee Schedule and
Consumer Fee Schedule are available at www.adr.org. You agree that if you initiate the arbitration, you
will pay your filing fee and BigTentUSA agrees to pay its filing fee. If BigTentUSA initiates the arbitration, it
will pay all fees.
All issues in any Dispute are for the Arbitrator to decide, including issues related to the scope or
enforceability of the Mandatory Arbitration Clause, except the following, which are for a court of
competent jurisdiction to decide: (1) any issues that are specifically reserved for a court in these Terms;
(2) any and all disputes arising out of or relating to the enforceability of the Mass Arbitration Sub-Clause;
and (3) whether a set of claims constitute a Mass Arbitration or whether one or more claims are part of a
Mass Arbitration, as defined in these Terms. The parties understand and agree that their individualized
Dispute will be decided by an Arbitrator, not a judge or jury, unless these Terms explicitly provide
otherwise.
THE PARTIES UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, EACH PARTY MAY BRING CLAIMS IN ARBITRATION AGAINST THE OTHER
ONLY IN AN INDIVIDUAL CAPACITY, AND THAT THEY MAY NOT ARBITRATE ANY CLASS,
COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE CLAIMS OR ANY CLAIMS BROUGHT ON
BEHALF OF ANY OTHER PERSON OR ENTITY, UNLESS DOING SO AS A PARENT, GUARDIAN, OR
WARD OF A MINOR OR IN ANOTHER SIMILAR CAPACITY FOR AN INDIVIDUAL WHO CANNOT
OTHERWISE BRING THEIR OWN INDIVIDUAL CLAIM.
The Arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other
equitable relief only in favor of the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party’s individual claim. The Arbitrator must follow these Terms, including
this Mandatory Arbitration Clause, and can award the same individualized damages and relief as a court,
including injunctive or other equitable relief necessary to provide relief as to the individualized claim.
The Arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of
an award. If the claimant in a Dispute rejects a formal settlement offer or offer of judgment and prevails
but does not obtain an award that is more favorable than the offer, the claimant shall be liable for costs
incurred by the respondent after the offer of judgment was made.
The decision of the Arbitrator shall be in writing and shall briefly set forth the essential findings of fact and
legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction,
however, any award that has been satisfied may not be filed or entered in court. The decision of the
Arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A
JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT THEIR RIGHTS TO PREHEARING
EXCHANGE OF INFORMATION AND APPEAL MAY BE LIMITED IN ARBITRATION. BOTH PARTIES
HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND BIGTENTUSA ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES
ALSO AGREE THAT THE ARBITRATOR’S AWARD, INCLUDING ANY AMENDMENTS, OR DECISION
NOT TO GRANT ANY RELIEF, SHALL BE FINAL AND BINDING, AND MAY NOT BE APPEALED,
UNLESS THE PARTIES EXPRESSLY AGREE OTHERWISE IN WRITING.
Unless otherwise prohibited by law, ALL ARBITRATION PROCEEDINGS WILL BE CONFIDENTIAL
AND CLOSED TO THE PUBLIC AND ANY PARTIES OTHER THAN YOU AND BIGTENTUSA.
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YOU HAVE THE RIGHT TO OPT OUT OF THIS MANDATORY ARBITRATION CLAUSE. You may opt
out of this Mandatory Arbitration Clause in its entirety by sending BigTentUSA a personally signed, written
notice of your decision to opt out of those changes by email to [email protected] within thirty (30) days
of receiving notice of any version of these Terms updated on or after 2/15/24, and include your full name
and your mailing address, telephone number, and email address, a description of when and how you
interacted with BigTentUSA, and a clear statement that you wish to opt out of this Mandatory Arbitration
Clause. Your opt out must be sent by you personally, and not by your agent, attorney, or anyone else
purporting to act on your behalf. YOU AGREE THAT IF YOU EXERCISE YOUR RIGHT TO TIMELY
OPT-OUT, YOU ARE REJECTING THE MANDATORY ARBITRATION CLAUSE AS A WHOLE AND
MUST BRING YOUR CLAIM IN A COURT OF COMPETENT JURISDICTION IN THE COUNTY IN
WHICH YOU RESIDE. YOU FURTHER AGREE THAT YOU WILL BE BOUND BY THE REST OF
THESE TERMS. Your failure to timely opt out of this Mandatory Arbitration Clause shall constitute mutual
acceptance of the terms of Mandatory Arbitration Clause by you and BigTentUSA.
8.6 Mass Arbitration Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS.
YOU AND BIGTENTUSA AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THE PARTIES WAIVE THE RIGHT TO PARTICIPATE IN A MASS ARBITRATION AS DEFINED
HEREIN, AND THAT ANY SUCH CLAIM AND/OR CLAIMS MUST BE BROUGHT IN A COURT OF
COMPETENT JURISDICTION.
As used in this “Mass Arbitration Sub-Clause,” the term “Mass Arbitration” is defined as twenty-five (25) or
more similar claims asserted against BigTentUSA by the same or coordinated attorney(s) or law firm(s), or
that are otherwise coordinated. The term “Mass Arbitration Claim” is defined as any claim between the
parties that is part of a Mass Arbitration.
BigTentUSA strongly believes that Mass Arbitration is an inefficient and ineffective way to resolve
Disputes. You and BigTentUSA understand and agree that Disputes may not be resolved through Mass
Arbitration under any circumstances. All Mass Arbitration Claims must be litigated in a court of competent
jurisdiction. You understand and agree that if you wish to arbitrate your claim, you must select counsel, if
any, who are not involved in a Mass Arbitration against BigTentUSA.
A court of competent jurisdiction shall have the authority to determine whether a set of claims constitute a
Mass Arbitration or whether one or more claims constitute Mass Arbitration Claims, as defined in this
Mass Arbitration Sub-Clause. The Court shall strictly construe and apply the definitions of Mass
Arbitration and Mass Arbitration Claim set forth in this Mass Arbitration Sub-Clause. THE APPLICABLE
STATUTE OF LIMITATIONS SHALL BE TOLLED WHILE THE COURT MAKES EITHER OR BOTH OF
THESE DETERMINATIONS. You may pursue your Mass Arbitration Claim in a court of competent
jurisdiction, whether or not a court has found that your claim constitutes a Mass Arbitration Claim.
IF YOU FILE A MASS ARBITRATION CLAIM, YOU SHALL BE RESPONSIBLE FOR BIGTENTUSA’S
ATTORNEY’S FEES AND COSTS RESULTING FROM THE IMPROPER ARBITRATION. A
RESPONDENT TO A MASS ARBITRATION SHALL HAVE THE RIGHT TO RECOVER ITS
ATTORNEY’S FEES AND COSTS IN A COURT OF COMPETENT JURISDICTION
IF THIS MASS ARBITRATION SUB-CLAUSE IS DETERMINED TO BE UNENFORCEABLE FOR ANY
REASON, THE ENTIRE MANDATORY ARBITRATION CLAUSE IS UNENFORCEABLE AND YOUR
CLAIM MUST BE LITIGATED IN COURT, WITHOUT REGARD TO ANY OTHER SEVERABILITY OR
OTHER PROVISION OF THESE TERMS.
8.7 Future Amendments to this Section
Both you and BigTentUSA agree that if we make any amendment to this Governing Law & Dispute
Resolution section (other than an amendment to any notice address or site link provided herein) in the
future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to
the effective date of the amendment. However, the amendment will apply to all other disputes or claims
governed by this section that have arisen or may arise between you and BigTentUSA. We will notify you
of amendments to this section by posting the amended Terms on www.bigtentusa.org/terms-of-use. If you
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do not agree to the amended terms, you may close your account within 30 days and you will not be bound
by the amended dispute resolution terms. If you do not have an account (or once you have closed your
account, if applicable), you must cease using the Platform immediately. By rejecting any change, you are
agreeing that you will arbitrate any Dispute between you and BigTentUSA in accordance with the
provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted
any subsequent changes to the Terms).
9. MISCELLANEOUS
9.1 Privacy
Our collection and use of information about Users is governed by our Privacy Policy. By accessing and
using the Platform, you consent to the collection and use of this information, including the transfer of this
information outside the United States and/or other countries, for storage, processing and use by
BigTentUSA. As part of providing you the Platform, we may need to provide you with certain
communications, such as service announcements and administrative messages. These communications
are considered part of the Service, which you may not be able to opt-out from receiving.
9.2 Entire Agreement
These Terms, including these Terms of Use, our Privacy Policy, the applicable Supplemental Terms and
any and all Platform Rules, constitute the entire and exclusive understanding and agreement between
you and BigTentUSA regarding your access to and use of the Platform, including the Services, and
supersede and replace any and all prior or contemporaneous oral or written understandings or
agreements between you and BigTentUSA and regarding the subject matter hereof.
9.3 Assignment
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms,
including by operation of law or merger or consolidation, without our express prior written consent, which
may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or
sublicense without the foregoing consent will be null and void. BigTentUSA may assign, transfer, delegate
and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion,
without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and
assigns.
9.4 No Agency
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by the Terms.
9.5 Survival of Terms
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or
termination of these Terms of Use shall survive such expiration or termination.
9.6 Notices
Any notices or other communications permitted or required hereunder, including those regarding
modifications to the Terms, will be in writing and given by BigTentUSA (i) via e-mail (in each case to the
address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which
such notice is transmitted will be deemed the date of receipt.
9.7 Waiver
Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with
respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The
waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized
representative of BigTentUSA. In addition, no waiver granted in any instance shall constitute a waiver in
any other instance.
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9.8 Remedies
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the
Terms will be without prejudice to its other remedies available under contract, at law, in equity or
otherwise.
9.9 Severability
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any
provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the
offending provision will be enforced to the maximum extent permissible and will not affect the validity or
enforceability of the remaining provisions, which will remain in full force and effect.
9.10 Headings
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the
meaning or interpretation of any of the provisions hereof.
9.11 Third-Party Beneficiaries
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights
or remedies upon any person other than the parties hereto.
9.12 Construction
In the Terms, unless the context requires otherwise: (i) “herein,” “hereof,” “hereunder,” “hereto,” and
similar terms refer to the Terms collectively and as a whole, and not merely to the specific section,
paragraph or clause in which the term appears; (ii) “or” connotes any combination of all or any of the
items listed; and (iii) “including” (and any of its derivative forms) means “including but not limited to.”
9.13 Contact Us
If you have any questions or concerns, please contact BigTentUSA at [email protected].
You can also write to us at:
BigTentUSA
15 E Putnam Avenue
#242
Greenwich, CT 06830
9.14 California Residents
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific
consumer rights notice:
Complaints regarding the Platform or Services or requests to receive further information regarding use of
the Platform or Services may be sent to the above address or to [email protected]
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento,
CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD
(800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
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