Effective Date: June 29, 2022
Welcome to the Business Inside the Game, LLC. ("Business Inside the Game", "BIG", "us" "we" or "our") website. Please read these Terms of Service (the "Terms") carefully because they govern your use of our websites including teambig.io, bigsummit.co, and any other websites that we may later own or operate (each, a "Site," and collectively, the "Sites"); our mobile and desktop applications ("Apps"), our application program interfaces ("APIs"), and services we may later own or operate (collectively, with the Sites, Apps, APIs, the "Services"). By using the Services, and the features made available through the Services, you are acknowledging that you have read, understand and agreed to these Terms and expressly agree that they form a binding contract between you and Business Inside the Game. The Services are not targeted at children under the age of 13, and they are not permitted to use the Services. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Services, you affirm you are at least 13 years old.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "DISPUTE RESOLUTION" SECTION BELOW, THESE TERMS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION.
By using the Services, you agree to be bound by these Terms. If you don't agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.
We may modify the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services after such a change, you are indicating that you agree to the modified Terms. We may also change or discontinue all or any part of the Services, at any time and without notice or liability, at our sole discretion.
To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilize any part of this Site or Content for any commercial purpose or use our Trademarks in a way that suggests that you or your business has any endorsement from or affiliation to us without our prior written permission (at our sole discretion).
You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Services. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission.
You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. Notwithstanding anything to the contrary in these Terms, we reserve the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
Your use of the Services and their contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access ("Content") is subject to these Terms. Any Content that you access on the Services is either owned by us (or third parties who license such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The names 'Business Inside the Game', 'BIG', 'BIG Summit' and other business names and logos displayed on the Services may be trademarks belonging to us ("Trademarks").
To the maximum extent legally permitted, you cannot link to or seek to extract data from the Services or reutilize any part of the Services or Content for any commercial purpose or use our Trademarks in a way that suggests that you or your business has any endorsement from or affiliation to us or other companies in partnership with Business Inside the Game, or in any other way, without our prior written permission (at our sole discretion). No act of downloading or copying from, or otherwise using, the Services, even with our permission, will transfer any title, interest or right in or to any Digital Property or Content to you. Business Inside the Game hereby expressly reserve all rights not expressly granted in and to the Services and Content.
The Services may link to third-party websites from time to time. These links are provided for your convenience only. We do not control third-party websites and are not responsible for their contents or how they operate. Where the Services include any links to third-party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. YOU ACKNOWLEDGE THAT (TO THE MAXIMUM EXTENT LEGALLY PERMITTED AND UNLESS WE STATE OTHERWISE) WE SHALL NOT BE LIABLE IN RESPECT OF YOUR USE OF THOSE THIRD-PARTY WEBSITES OR ANY PURCHASE YOU MAKE THROUGH THEM. BUSINESS INSIDE THE GAME WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, US OF OR RELIANCE ON ANY THIRD-PARTY SITES.
We (the "Discloser") have disclosed or may disclose proprietary or non-public business, technical, financial, or other information ("Confidential Information") to you (the "Recipient"). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security related information.
The Recipient will use the Discloser's Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser's Confidential Information to parties other than the Recipient's employees, contractors, affiliates, agents, or professional advisors ("Representatives") who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser's Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser's reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five years thereafter.
You must only use the Services for legal purposes in accordance with these Terms and are prohibited from using our Services to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm other users. Your use of our Services is subject to our membership rules and other policies or guidelines that we may communicate to you from time to time.
You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on the Services is complete, accurate and up to date. In relation to any personal data that you provide to us, you warrant that you have obtained all necessary consents and permissions from the relevant individuals to provide such personal data to us and for us to use it in accordance with our Privacy Policy.
If you elect to purchase any products or services which we offer to you through the Services this may be subject to new and/or additional terms and conditions which will be notified to you at the time.
These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
If you have any questions or complaints regarding the Digital Properties or these Terms, you can contact us at info@teambig.io.
By using the Digital Properties, you and BIG agree to submit any and all Disputes to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association ("AAA"), www.adr.org.
Class Action Waiver: By using the Services, you agree that the arbitration of any Dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving BIG or any other person.