The Big And The Beautiful
YOU CANNOT USE THIS SITE OR OUR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS. YOU ALSO MAY NOT USE THIS SITE OR OUR SERVICE IF YOU HAVE EVER BEEN CONVICTED OF A SEXUAL OFFENSE, ARE REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENTAL ENTITY OR AGENCY OR ARE CURRENTLY UNDER INDICTMENT FOR SUCH AN OFFENSE OF A SEXUAL NATURE.
This legal agreement is made between you and us. By accessing the Service, you accept these Terms and agree to be bound by the terms, conditions and notices contained or referenced herein whether or not you become a paid subscriber. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SITE OR THE SERVICE.
Information and services that are provided on this Site and Service in a language other than English are only provided as a convenience to you when available. All Services to be provided, all obligations of The Big And The Beautiful and all communication between the parties with respect to this Agreement will be conducted in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
- violate any applicable law or regulation,
- infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,
- use the information available through our Service for any unauthorized or unlawful purpose,
- interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,
- use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers,
- use our Service to obtain the personal contact information of another user without their prior consent,
- use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,
- "stalk" or harass any other user of our Service,
- use the Service if you have ever been convicted of a sexual offense or currently have such charges pending against you,
- use the Service for any illegal purposes, including, without limitation, prostitution and/or solicitation,
- collect or store any information about any other user other than in the course of the permitted use of our Service,
- use our Service for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products,
- impersonate any person or entity,
- remove any copyright, trademark or other proprietary right notices contained in the Service,
- infringe on the intellectual property rights of the Service or any third parties in any manner,
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service,
- post, upload or transmit false, misleading or illegal information or content to the Service,
- make false statements, attempt or use personal, financial or other information that you are not authorized to use,
- upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),
- disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Service are able to read to type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Service,
- collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data,
- provide hyperlinks, URL links, graphic links or other direct connection to our Site or the Service for profit or gain, or
- assist any third party in doing any of the foregoing.
YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE
You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person. In addition, YOU AGREE TO REVIEW THE BIG AND THE BEAUTIFUL’s SAFE DATING TIPS PRIOR TO USING THE SERVICE. You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Site. Neither should you provide personal contact information such as your phone number or address. That information may be misused. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.
You agree that we will not be responsible for any damage or harm resulting from your use of the Service or your interactions with other users of our Service. While we do make concerted efforts to screen users, you understand and acknowledge that we do not pre-approve any of our users or members nor do we in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS. It is your responsibility to investigate the background, financial status, criminal background, character and all other aspects that might affect whether or not you want to interact with a user or member on our Service. We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Email and chat messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to your conduct or the conduct of anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Service or persons you meet through the Service. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting what information, particularly the personal information, you provide to others through the Service. We cannot and do not assume any responsibility for the content of messages sent by other users of the Service. You agree that we are not responsible for the accuracy of information communicated to you on the Service. You agree to release us, our parents, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from any and all liability in connection with the Service and the contents of any communications you may receive from other users. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms, including without limitation, removing the offending communication from the Service, terminating the violator's access to the Site and contacting and disclosing information to the relevant authorities and pursuant to legal process; however, you agree that we are under no obligation to do so.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR SITE AND OUR SERVICE. We reserve the right, but have no obligation, to monitor disputes between you and other users. You agree to release us, our parents, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Our Service is intended for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence ONLY. We will not knowingly permit anyone who does not meet these criteria to use our Service. By using our Site and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. You also represent and warrant that you will not allow any minor access to this Site or our Service, including taking all precautions and implementing all parental control protections on your computer or other electronic device used to access this Site and our Service to prevent any minor from gaining access to this Site and our Service. Further, you hereby commit to inform us immediately should you become aware of a minor using the Service.
You agree that we shall not be responsible or liable for any misrepresentations regarding a user’s or member’s age or for the unauthorized use of this Site or our Service by a minor.
WE DO NOT TOLERATE ANY UPLOADING OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18.
THE THE BIG AND THE BEAUTIFUL SERVICE – REGISTRATION AND TERMINATION
Categories of Services
Users of the Service may become "Guests" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Full Members are provided with access to additional features of the Service that are not available to Guests. We add and change features on the Site from time to time. Full Members are not charged by us for the features that are free to Guests; however, some features available to Guests may not be accessible when a Full Member has run out of credits or his subscription has expired. Certain additional features of the Service made available to Full Members may also be free of charge. Certain other features of the Service are "paid features", for which a Full Member is charged credits. For a menu of our services, see this page.
Registering to Use our Service, Subscriptions and Other Fees
Guests of the Service are required to set up a "Profile" in order to access the Service. To activate certain additional features of the Service, Guests may choose one of our membership packages to purchase a membership and upgrade to Full Membership status. A member may pay via credit card, cash, check or any other method we may accept as payment of account, in accordance with our pricing policy for Full Memberships as posted on our website under the "Subscribe" section. Each subscription package entitles the subscriber to a specific number of credits. You use credits to pay for certain features of our Service. In additional to a subscription, you may purchase additional credits so long as your subscription is active. An explanation of our fee structure is available under the "Billing Details” section of our Site. All funds are quoted in the currency in which they are displayed or, where no currency is displayed, all amounts are in United States dollars. In addition to paying the published price, you are responsible for paying all applicable taxes or client transaction fees in connection with your purchase. We reserve the right to change our pricing policy or the method or manner in which we charge for our Service at any time at our sole discretion without further notice. Once we have confirmed receipt of your payment, you will become a member and we will credit your account with the number of credits purchased, according to the subscription package you selected. If we receive payment for an incorrect amount or non-specified currency payments, we reserve the right to credit your account with a pro-rated number of credits based on the funds received, converted to the specified currency at a reasonable market exchange rate at the time of processing. Accounts may not be transferred from one user of the Service to another user.
You understand and agree that it is a condition of your use of this Site and the Service and of your membership that all of the information you provide to us when you are signing up and providing your Profile is correct, current, accurate and complete. If you provide any misleading or false information to us, your right to use this Site is invalid and your membership/subscription is void.
We bill you through an online account (your "Billing Account") for use of the Service. You agree to pay us all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are also responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges.
Most subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. (See "Auto-Renewal", below.) By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment component and you accept responsibility for all recurring charges prior to cancellation of your subscription. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY THE BIG AND THE BEAUTIFUL ) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
Current Information Required
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY THE BIG AND THE BEAUTIFUL IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT "ACCOUNT SETTINGS". IF YOU FAIL TO PROVIDE US ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY THE BIG AND THE BEAUTIFUL ).
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Change in Amount Authorized.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes or similar taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you wish to cancel at such time, please call us at 1-866-665-1507 between the hours of 9 a.m. and 7 p.m. (Eastern Time). Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-renewal and Cancelation
YOUR SUBSCRIPTION WITH US WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED, OR IF YOU CHANGE SUBSCRIPTIONS, AS LAST SELECTED, AT THE THEN-CURRENT NON-PROMOTIONAL SUBSCRIPTION RATE, UNLESS YOU CANCEL 3 DAYS PRIOR TO THE END OF YOUR SUBSCRIPTION PERIOD. TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, PLEASE CALL US AT 1-866-665-1507 BETWEEN THE HOURS OF 9 A.M. AND 7 P.M. (EASTERN TIME). IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. PLEASE NOTE THAT IF YOUR CREDIT CARD IS REJECTED AND YOUR AUTO-RENEW FAILS, YOUR MEMBERSHIP SHALL AUTOMATICALLY BE CANCELLED AND YOU WILL BE REQUIRED TO RE-SUBSCRIBE TO THE SERVICE AT THE CURRENT RATE.
Reaffirmation of Authorization
Your non-cancellation or continued use of the Service reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service, or if you changed your subscription, when you last subscribed to the Service.
Free Trials and Other Promotions
Any free trial or other promotion that provides Full Member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please Contact Us to have the charges reversed.
Unused Credits; Lapse of Your Subscription
You agree that your subscription lapses over time whether or not you use the Site. In the event you purchase credits as part of a subscription for the Service we reserve the right to cancel without refund any unused credits on such date that is 30 days from the date of your prior monthly subscription term. However, any additional credits you purchase during a subscription term shall not expire at the end of the monthly subscription term. Those credits will expire after 90 days. Accordingly, we reserve the right to cancel without refund any unused credits on or after 90 days from the date of your last login or 180 days from the original date of purchase. You can confirm the expiry date of your subscription and any account balance at any time by clicking on "Manage Profile" or by using the Contact Form and providing us with your Profile Number and account details. A Full Member whose account has lapsed or who has no remaining credits may not be able to access certain features until a subscription for additional time or additional credits, if the subscription is active, is purchased.
Changes in Fees and Charges
We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the Site from time to time. You are also responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including, but not limited to telephone charges.
YOU AGREE THAT ALL SUBSCRIPTION AND CREDIT PURCHASES ARE NON-REFUNDABLE.
Termination and Refund Policy
Once successfully posted, we may monitor your account, including your Profile and any photos you upload, for usage and compliance with the Terms. We reserve the right to terminate your membership for breach of these Terms or otherwise in our discretion. If your usage of the Service is terminated because of a breach of these Terms or if it is terminated for any reason, any remaining portion of your subscription and any unused credit balance you may have is immediately forfeited. No fees or charges are refundable under any circumstances.
You acknowledge and agree that we, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to our Service. You acknowledge and agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. You will not be entitled to a refund of any remaining portion of your subscription or any unused credits upon termination of your access to our Service by us for any reason.
You may terminate your access to the Service at any time via our Site or by sending us written or email notice of termination. See Cancelation above. You will not be entitled to any refund of unused credits or subscription fees upon your termination of your access to our Service for any reason whatsoever.
You may also select the "Profile Removal" option, which is offered separately of profile hiding. This feature will remove your Profile from our Site. Removal of your Profile from our Site will not remove the messages you have sent and received (regular, collect, priority), Flirts, Gifts and Site usage history.
Credit Card Chargeback Policy
We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge for a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication and communications with or related to our Service or other users or members. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.
Privacy & Use of Information
Our customer service representatives are available to answer questions you may have about your Service and to enhance your experience using our Service and its features. You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. If we determine, in our sole discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Site and your membership to our Service and you will not be entitled to any refund of unused credits or subscription fees.
You acknowledge and agree that we and other sites we operate (or our agents) may send you email (electronic) communications that include messages about the Service and your membership account with us and services offered by our other sites and third parties. We communicate with you as part of our Service and your membership. You agree and consent that any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including without limitation, that such communications be in writing. You may opt out of receiving these notifications from us by going to the "Contact Form" section of our Site.
Other Aspects of the The Big And The Beautiful Service – For Your Entertainment
Our Site and our Service gives users the opportunity to explore their fantasies and to interact with others in the Site. However, there is no guarantee you will find a date or partner on our Site or using our Service. Our Site and our Service also is geared to provide you with amusement and entertainment. You agree that some of the features of our Site and our Service are intended to provide entertainment.
You acknowledge and agree that some of the profiles posted on the Site are associated with our "Market Researchers" and may be fictitious. The purpose of our "Market Researchers" is to provide entertainment, to allow you to explore our Services and to promote greater participation in our Services. "Market Researchers" attempt to simulate communications with real members to encourage more conversation and interaction with users. We also use "Market Researchers" to monitor user communications and use of our Service to measure compliance with the Terms. Further, we may use "Market Researchers" in connection with our market research to enable us to analyze user preferences, trends, patterns and information about our customer base. "Market Researchers" are not intended to resemble or mimic any actual persons. You understand and acknowledge that we create the "Market Researchers" profiles and those profiles are not based on any user or member of our Service. A single "Market Researchers" may have more than one profile on our Service. You acknowledge and agree that the descriptions, pictures and information included in the profiles of our "Market Researchers" are not associated with a real person, but are provided primarily for your amusement.
"Market Researchers" message with Guest users, but not with Members. "Market Researchers" contact users through computer generated messages, including emails and instant messages. "Market Researchers" may offer, initiate or send flirts, access to private photos, and virtual gifts. "Market Researchers" message with multiple users at the same or substantially the same times. Not only is this feature for your entertainment, but "Market Researchers" allows us to collect messages, real time chat and/or replies from individuals or programs for market research and/or customer experience and/or quality control and/or compliance purposes. "Market Researchers" are NOT conspicuously identified as such.
You understand, acknowledge and agree that any interaction or messaging with "Market Researchers" is independent of, and separate from, our general database of Users and Member's seeking personal or physical or other kinds of encounters or introductions. You understand that you cannot meet any of our "Market Researchers" in person and you acknowledge and agree that such communications are for your entertainment and to encourage your use of our Service. You acknowledge and agree that the user conduct provisions of these Terms apply to your interactions with "Market Researchers."If you do not wish to continue to receive communications or other interaction from "Market Researchers", to which the receipt of such messages you hereby agree to and consent, go to "Manage Profile" and click on "Profile Options", in "Profile Options" select "Check this box if you do not wish to by contacted by Market Research ("Market Researchers")." Then click on "UPDATE".
Others Using the Site for Entertainment
You also understand and agree that there are users and members on the Site that use and subscribe to our Service for purely entertainment purposes. Those users and subscribers are not seeking physical meetings with anyone they meet on the Service, but consider their communications with users and members to be for their amusement.
You acknowledge and agree that any profiles of users and members, as well as, communications from such persons may not be true, accurate or authentic and may be exaggerated or fantasy. You acknowledge and understand that you may be communicating with such persons and that we are not responsible for such communications.
By submitting any content (including, without limitation, your photograph and Profile and other information) to our Site, you represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the intellectual property or other rights of any third party. You waive absolutely any and all moral rights to be identified as the author of the content, including your photograph and Profile, and any similar rights in any jurisdiction in the world. By submitting any content (including, without limitation, your photograph and Profile) to our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, parent, subsidiaries, affiliates and successors, an unlimited, perpetual, worldwide, non-exclusive, royalty-free irrevocable, transferable right and license to use, reproduce, display, broadcast, publish, quote, re-post, reproduce, bundle, distribute, create derivative works of, adapt, translate, transmit, arrange, sub-license, export, outsource, loan, lease, rent, share, assign and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses and other transfers of the foregoing. You specifically authorize us to use this license to reproduce and display the photographs you transmit to us, in digital form alone or in connection with other images and to adapt, modify or alter your photographs or otherwise create derivative works based upon your photographs. We are under no obligation to remove your Profile or Pictures. We do provide tools to make your Profile inaccessible and remove it from search in the "My Account" section of the Site. You represent and warrant to us that you have the absolute right to grant the license and other rights set forth above. You agree that we may use your contact information to send or transmit to you, information and promotional materials about our Service, and information and promotional materials about our affiliates and third party sites.
You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that:
- is libelous, defamatory or slanderous,
- contains pornographic, sexually explicit or vulgar content,
- may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group,
- exploits images or the likeness of individuals under 18 years of age, including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, or harms minors in any way,
- encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes) or any illegal acts,
- makes use of offensive language or images or is otherwise patently offensive to the online community,
- harasses or advocates harassment of another person,
- involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or Spam,
- promotes an illegal or unauthorized copy of another person's copyrighted work,
- characterizes violence as acceptable, glamorous or desirable,
- contains any illegal material or any material that infringes or violates another party's rights (including, without limitation, intellectual property rights and rights of privacy and publicity),
- constitutes an illegal act (including, without limitation, prostitution and/or solicitation) or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses,
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
- provides or promotes inaccurate, misleading or false information,
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes, or
- contains any identifiable personal contact information (other than for purposes of registration for the Service).
If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
The foregoing is a partial list of the kind of content that is illegal or prohibited on our Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section 6 or any other provision of these Terms, including, without limitation, removing the offending communication from the Service, terminating the violator's access to the Site and contacting and disclosing information to the relevant authorities.
We have no obligation to post or to allow you to continue to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials, including, without limitation, advertisements, profiles, public postings, emails, and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You understand and agree that you shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. You also understand and agree that we cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
You understand and agree that our Site and the Service is for personal use only and may not be used in connection with any commercial purposes. Organizations, companies, and/or businesses may not use the Service or our Site for any purpose. Illegal and/or unauthorized uses of our Site, including prostitution and/solicitation, escort services, financial fraud, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Site may be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress. You understand and agree that use of our Site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
THIRD PARTY CONTENT, LINKS AND PAGES
In your use of our Service, you may access content from third parties ("Third Party Content"), either via our Service or through links to third party web sites. We do not control Third Party Content and make no representations or warranties about it. We do not endorse or accept any responsibility for any Third Party Content. You acknowledge and agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent, inaccurate, incomplete or otherwise objectionable. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from our privacy and security policies. You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third Party Content and under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with Third Party Content, including, without limitation, profiles of other users of our Service.
Content is Protected by Law
You acknowledge and agree that all content and materials available on our Site are protected by either our rights, or the rights of our licensors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our Site, unless you have our written permission. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service in accordance with the Terms. If you download or print a copy of any content for your personal use, you must retain all copyright and other proprietary notices contained on such content.
Use of Content
You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks or logos as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at Copyrightlegal@thebigandthebeautiful.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.
Content – AS-IS
All of the content on our Site is provided “AS IS.” All content is the responsibility of the person that originated such content. You understand and agree that under no circumstances will we or our parents, subsidiaries or affiliated entities or our or their shareholders, officers, directors, employees, agents, successors or assigns be liable for any losses, liabilities or damages incurred as a result of your use of any content on our Site.
USERNAME AND PASSWORD
You will select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Your username and password are not transferable and may not be assigned. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 10.
DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You acknowledge and agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Service, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing our Site.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Service will not infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service; (d) you have never been convicted of a sexual offense and that you have no such charges currently pending against you; and (e) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
- IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ANY PROFILE ON OUR SITE IS ACCURATE, UP TO DATE OR AUTHENTIC; (G) ANY MATERIAL OR FILES THAT YOU CAN DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY HAVE DAMAGING AFFECTS ON YOUR OR ANY OTHER PERSON’S COMPUTERS OR OTHER EQUIPMENT; (H) THIRD PARTIES WILL NOT USE OF YOUR CONFIDENTIAL INFORMATION IN AN UNAUTHORIZED MANNER; OR (I) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH OUR SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OUR SITE OR THE SERVICE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES OR ANY CONDUCT OR INTERACTIONS BETWEEN USERS OF OUR SITE, WHETHER ONLINE OR OFFLINE.
- IF YOU ACCESS TO OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF OUR SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SITE OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
- NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITS ON LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE; (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR SITE OR OUR SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON; OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF FIVE THOUSAND ($5,000) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND THESE LIMITATIONS OF LIABILITY ARE AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DID NOT AGREE TO THESE LIMITATIONS OF LIABILITY WE WOULD NOT PROVIDE OUR SITE OR THE SERVICE OR THE MATERIALS OR CONTENT INCLUDED TO YOU. YOU ACKNOWLEDGE AND AGREE THAT SUCH PROVISIONS ARE REASONABLE AND FAIR.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, other representatives, employees, successors, assigns and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, attorneys' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of our Service, any alleged or actual infringement of the intellectual property rights by you of any party, any injury or damage to property or person by you, any act by you in connection with any user or member of this Service or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify an Indemnified Party, we and the Indemnified Party will have the right, in our sole discretion, to choose our attorneys, experts and other advisers, conduct our own inquiry into the matter, control any investigation, action or proceeding and determine if and how we wish to settle it. You agree that you will advance costs and expenses to any Indemnified Party. You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action or proceeding covered by this Section 16.
The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Digital Millennium Copyright Act of 1998, as amended ("DMCA"), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the United States copyright laws. Other laws provide similar protection. If you believe that your work has been copied, posted or otherwise made available through the Service in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint and a requirement that such content be removed or blocked, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) identification of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material on our Site; (d) information reasonably sufficient to permit us to contact the complaining party, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to our DMCA Copyright Agent as follows:
The Big And The Beautiful Legal
20 Eglinton Ave West, Suite 1200
Toronto, ON Canada M4R 1K8
P.O. Box 2055
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that your material has been mistakenly removed or disabled pursuant to this Section 17, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The Service may provide, or third parties may provide, links, including, without limitation, banner ads and hyperlinks, to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that we are not responsible for any use of your personal information by such third parties. Such third parties have their own privacy policies and procedures. You should check those privacy policies and procedures before you provide any information to them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
ARBITRATION AND CLASS ACTION WAIVER
All disputes, controversies, causes of action (in tort, contract, by statute or otherwise) (“Disputes”), including, without limitation, Disputes arising from or relating to this Arbitration Provision (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from this Agreement shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”), or pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.].
Arbitration replaces the right to go to court, and therefore the parties waive any right that you or The Big And The Beautiful might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, The Big And The Beautiful reserves the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.
The exclusive venue for the arbitration shall be Toronto, Canada if claimant is a Canadian resident and New York, New York if claimant is a United States resident. The parties will agree on a reasonable location, in the event that Toronto or New York is an inconvenient forum. The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures. The official language of the arbitration shall be English.
Right to Opt-Out:
If you do not wish to be bound by this arbitration provision, you must notify The Big And The Beautiful in writing within thirty (30) days of the date that you first received this notice of the arbitration provision by sending your notification by mail to the following address: 20 Eglinton Ave. West, Suite 1200, P.O. Box 2055, Toronto, ON Canada M4R 1K8, Attention: Legal Department. Your written notification to The Big And The Beautiful must include your name and address and Username, as well as, a clear statement that you do not wish to resolve disputes with The Big And The Beautiful through binding arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with The Big And The Beautiful and your use of the Service.
For United States Residents:
This Agreement involves transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all Disputes and the Agreement. If there is a difference between the Federal Arbitration Act and New York law, the Federal Arbitration Act controls.
For Canada Residents:
This Agreement and all Disputes shall be governed by the Arbitration Act of 1991 (Ontario), as amended, replaced or re-enacted from time to time.
Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicated small claims.
Class and Consolidated Claims Waiver
It is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties. The parties also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties.
Limit of Liability
Liability for both parties is limited $5,000 in damages. The parties waive and the Arbitrator shall not be empowered to grant indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by this Agreement unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.
Notice of Claims, Timing of Disputes and Nature of Award
All Disputes shall be filed within one (1) year of the date the Disputes arose or occurred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes. Arbitration shall be commenced by filing a Claim pursuant to the applicable American Arbitration Association Rules or the National Arbitration Rules of the ADR Institute of Canada, Inc. The arbitration shall be completed, barring extraordinary circumstances within ninety (90) days of the filing of the Claim. The parties may grant reasonable continuance upon good cause shown. The Award shall be reasoned and shall be rendered within thirty (30) days of closure of the arbitration proceedings.
For United States residents, rules and forms may be obtained and Claims may be filed at American Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019-6708, (212) 716 – 5800, (800) 778 – 7879, www.adr.org.
For Canada residents, rules and forms may be obtained and Claims may be filed at ADR Institute of Canada, Inc., Suite 405-234 Eglinton Avenue East, Toronto, Canada M4P 1K5, (877) 475 – 4353, www.adrcanada.ca.
Discovery and Hearing Procedures
All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing. Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue. Each party shall produce relevant non-privileged documents requested by the other party. Discovery procedures available in court actions do not apply. The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need. All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator. For a Dispute involving a United States resident, the Parties may elect to use any of the Expedited Procedures of the Commercial Dispute Resolution Procedures or Supplementary Procedures for Consumer-Related Disputes of the AAA.
Emergency and Provisional Remedies
Any party may seek a preliminary injunction or other provisional, injunctive, emergency or equitable relief (but not monetary relief) in a court of competent jurisdiction if, in its sole judgment, such relief is necessary to preserve the status quo or to prevent irreparable harm. The parties shall, despite seeking relief under this section, participate in good faith in the arbitration.
The arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitration will not be confidential unless you request that it remain confidential.
Payment of Arbitration Fees and Costs
The Big And The Beautiful will advance all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, without limitation, costs association with attorneys or experts witnesses. The handling of fee arrangements and the payment of fees should be conducted by the Independent ADR Institution. If the arbitration is decided in your favor, you will not be required to reimburse The Big And The Beautiful for any of the fees and costs it advanced. If the arbitration is decided in The Big And The Beautiful’s favor, you shall reimburse The Big And The Beautiful’s arbitration fees and costs, but only to the extent awardable in a judicial proceeding and permitted under the AAA Supplementary Procedures for Consumer-Related Disputes or the National Arbitration Rules of the ADR Institute of Canada, Inc.
Survival and Severability
This Arbitration Agreement shall survive the termination of your service with The Big And The Beautiful. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
You do not have the right to assign these Terms or this Agreement or any of your rights to our Service to anyone. Cougar Life has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. Provided such rights and obligations are assumed by such third party, Cougar Life shall be relieved of any and all liability under this Agreement and in such event you hereby agree to release Cougar Life and its parents, subsidiaries or affiliated entities or its or their shareholders, officers, directors, employees, agents, successors or assigns of all liability, claims, charges, damages and causes of action.
Software and content provided through our Site and our Service is subject to United States export controls. The United States Department of Commerce prohibits export or diversion of software and certain content to specified countries and persons. No software or content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not license or otherwise permit anyone in any such country or on any such list to receive software or content that is subject to export control.
Unless provided otherwise in these Terms, all notices shall to us be delivered to The Big And The Beautiful, 20 Eglinton Ave. West, Suite 1200, P.O. Box 2055, Toronto, Ontario Canada M4R 1K8, Attention: Legal Department, and all notices to you shall be sent by email to you at the email address you provided to us at the time you registered or through a later notice of a change of address. We may also send you notice by overnight courier or certified mail, postage prepaid. Email notices shall be deemed received 24 hours after the email is sent, unless the sender is notified the email address is invalid or has been returned for some other reason. All other notices shall be deemed received when delivered.
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20 Eglinton Ave West, Suite 1200
Toronto, ON Canada M4R 1K8
Copyright 2014 Cougar Life
All rights reserved
Last Updated: 01/29/14