Terms And Conditions Of Use

Welcome to the Internet Site of bigdoghq (“bigdog”). bigdog, its subsidiaries, and affiliated companies (referred to herein as “bigdog,” “we,” “us,” or “our”) maintain this site (the “bigdog Site”).

BY USING THE bigdog SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE “TERMS & CONDITIONS” OR “TERMS”) ON OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE THE bigdog SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE bigdog SITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

The bigdog Site and its contents are protected pursuant to U.S. copyright laws. All materials published on the bigdog Site is the copyrighted property of bigdog, its subsidiaries, and affiliated companies, third party licensors, or the party credited. bigdog claims no copyright in any government or other public domain content that may be on our site. All trademarks, service marks, certification marks and trade names of bigdog are owned by bigdog and are protected by state and federal trademark law. All other trademarks appearing on the bigdog Site are the property of their respective owners.

At times the bigdog Site may request ideas or materials that include but that are not limited to concepts, know-how, techniques, suggestions, and materials (collectively “Submission(s)”). Except as expressly provided in our Privacy Policy, in a separate written agreement between you and bigdog, or otherwise expressly stated, by submitting any Submission, whether solicited by us or not, you are automatically granting bigdog a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials and/or ideas or incorporate such materials and/or ideas into any form, medium, or technology now known or later developed.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Forums, E-Mail, and Public Communication

A user can post or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Messages”) with other uses of the bigdog Site or the Internet. In no event shall bigdog assume or have any responsibility or liability for any Messages posted or for any claims, damages or losses resulting from their use or appearing on the bigdog Site.

bigdog does not control Messages delivered to the bigdog site, and bigdog assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages.

Rules of Conduct

It is a condition of your use of the bigdog Site that you do not:

• Use it for any illegal purposes (or to solicit any illegal act);
• Restrict or inhibit any other user from using and enjoying the bigdog Site;
• Post or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, harassing, pornographic, profane, or indecent information of any kind, including images and language or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
• Post or transmit any message with bigoted, hateful, or racially offensive statements;
• Use the site or its services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming,” or in connection with contests, surveys, or pyramid schemes;
• Try to gain unauthorized access to a bigdog Site, other users’ accounts, or computers connected to the bigdog Site through password mining or other means; or
• Interfere with another user’s use and enjoyment of the bigdog Site or any other individual’s use and enjoyment of related services.

We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at the bigdog site. bigdog may also impose limits on certain features and services or restrict your access to parts or all of the bigdog Site without notice of liability.

Privacy and Security

We respect the privacy of visitors to the bigdog Site. For more information about how we use and protect the personal information you may provide through our website, please review bigdog’s privacy policy. Note that bigdog reserves the right to change its privacy policy at any time without notice.

bigdog respects the rights of all copyright holders and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on the bigdog Site, or your intellectual property rights have been otherwise violated, please provide bigdog’s Copyright Agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Notification must be submitted to the following Designated Agent:

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate situations.

No Legal Advice

The information provided on the bigdog site is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.

DISCLAIMER

THE bigdog SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE bigdog SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE bigdog SITE INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. bigdog DOES NOT WARRANT THAT THE bigdog SITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT THE bigdog SITE WILL BE AVAILBALE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE bigdog SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS. bigdog EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO THE bigdog SITE. YOUR USE OF THE bigdog SITE IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL bigdog BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE bigdog SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF bigdog HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, bigdog’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.

Sanctions and Export Policy

You may not use bigdog if you are the subject of U.S. sanctions, or of sanctions consistent with U.S. law imposed by the U.S. You must comply with all U.S. or other export or re-expert restrictions that may apply.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of Nebraska. Actions brought under this Agreement shall only be brought in the District Court of Douglas County, Nebraska or in the United States District Court for the District of Nebraska, provided that federal jurisdictional requirements are satisfied. You agree and submit to the jurisdiction of such courts for the purpose of litigating any claim or action related to this Agreement.

Questions

If you have any questions concerning these Terms and Conditions on the bigdog Site, please contact us at bigdoghq.com

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