Terms & Conditions
Effective Date: April 1, 2013
OWNER MAY, AND RESERVES THE RIGHT TO WITHIN ITS SOLE AND ABSOLUTE DISCRETION, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICATIONS AND THE EFFECTIVE DATE, AS IDENTIFIED ABOVE. IN THE EVENT OWNER MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. Online Retail Service Provider
Owner provides the Website to those interested in purchasing clothing apparel and accessories, embroidery services, corporate promotions, and related items. Owner makes available for purchase by you genuine third party products and, may, also make available for purchase its own products. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services offered on Website. Website is provided for the purposes described above and is not an endorsement of, approval of, sponsorship of, recommendation of, affiliation with, or association with any entity identified in or described on the Website.
2. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise. You warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement. You warrant and agree that you are using Website for your own, personal, non-commercial purposes only or on behalf of a third party entity. If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. Any use beyond that permitted in this Agreement is strictly prohibited, absent separate written agreement, signed by both Owner and you. Owner is an online retail service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, or legality of the products, services or information offered on or contained within its Website. You understand and agree that the content of this Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold Owner harmless for any errors, omissions, or misrepresentations contained within the Website.
Website is operated in the United States and Owner makes no representation that its products or services are appropriate, lawful, or available for use in other locations, and they are not offered where prohibited by law.
3. Ownership of Website
You understand and agree that Owner is the Owner, or licensee, of all rights in and to the Website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Owner. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.
You are hereby prohibited from using the trademarks, service marks, design marks, and logos of Owner, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation, BIGMANSLAND and the logo, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion or otherwise harm Owner without the prior written consent of Owner. The Website is subject to all intellectual property laws, including but not limited to trademark, copyright, patent and proprietary laws.
All marks displayed on the Website, including in connection with any products or services, are the property of their respective owners.
4. Limited License to Use Website
Owner hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, non-assignable, and revocable license to use the Website only for the purposes set forth in this Agreement.
Owner may terminate your access to and use of the Website for any reason, or no reason at all, within its sole and absolute discretion.
5. Registered Membership Account
Members shall not pay a fee for registration of a Member Account, however Members shall pay for any and all products or services purchased via the Website.
You may only use your Member Account and you are expressly prohibited from providing additional parties with access your Member Account. Corporate Accounts are the responsibility of the creator. You agree that, in registering your account, you will provide Owner with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your account, whether authorized or unauthorized. In the event your account is accessed without your authorization, you agree to immediately provide notice to Owner. By creating an account, you agree that Owner may contact you by any available means, including, but not limited to, by email.
6. Gift Cards
Owner may make available for purchase gift cards, which will be provided electronically with a coupon code to the purchaser. Gift cards do not expire. Gift cards may not be reproduced or duplicated. Gift cards may be used to purchase products and/or services from Owner only.
For any product or service purchased through the Website, you agree to pay all fees and charges on time. All costs and fees are quoted and payable in United States Dollars. Payment shall be made by credit card, or other payment means made available by Owner, such as a payment processor (PayPal). You agree that you will not initiate any chargebacks to Owner unless otherwise authorized by Owner in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Owner. You agree that you will pay all costs of collection, including legal fees, incurred by Owner.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Owner, in writing, within ten (10) days of any such dispute. You understand that your failure to notify Owner of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
Owner reserves the right at any time to modify or discontinue the Website or any of its associated products or services without notice and in its sole and absolute discretion. Owner reserves the right at any time to modify the price charged for the products or services offered through the Website.
8. Shipping and Returns
Owner hereby incorporates its Shipping and Return Policy into the terms of this Agreement.
Notwithstanding its Shipping and Return Policy, Owner is not providing any shipping or carrier services and will not be held responsible for any delays or damages during delivery.
No returns or refunds will be issued on embroidered products, absent error on behalf of Owner.
10. Copyright Policy
© 2013, BigMansLand, Inc.
All rights not expressly granted herein are reserved to Owner.
11. Third Party Links
You understand that the Website may contain links to third party websites, advertisements, applications, products or services that Owner does not own or control. You agree that Owner will not be held responsible or liable for the content of third party websites, applications, products or services and that Owner’s inclusion of those websites, applications, products or services within its Website does not constitute Owner’s endorsement of, recommendation of, or affiliation with any of those websites, applications, products or services.
12. Disclaimer of Warranties
OWNER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES LINKED TO THROUGH THE WEBSITE. OWNER PROVIDES THE WEBSITE, PRODUCTS AND SERVICES ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
OWNER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY CONTENT POSTED ON THE WEBSITE OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. OWNER RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT OWNER WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR PRODUCTS OR SERVICES LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT OWNER CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THE WEBSITE. IF NO AMOUNT IS PAID BY YOU TO OWNER FOR THE WEBSITE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
You agree to hold harmless, indemnify, and defend Owner, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Owner under the terms of this Agreement will not provide you with the right to control Owner’s defense, and Owner reserves the right to control its defense regardless of your contractual requirement to defend Owner.
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. Owner may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Website.
16. Resolution of Disputes
This Agreement will be interpreted under and governed by the laws of the State of Missouri without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Owner will be exclusively resolved through arbitration.
YOU AND OWNER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ST. LOUIS, MISSOURI AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MISSOURI AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND OWNER AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF MISSOURI IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND OWNER AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
17. Miscellaneous Provisions
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and Owner will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Owner inadvertently collects personally identifiable information, Owner will delete the personally identifiable information in accordance with its security protocols.
OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC