Effective Date: May 9, 2021
Section 1: General
A |
The website located at www.bigfootbiomedical.com (the “Site”) belongs to Bigfoot Biomedical, Inc. (“Bigfoot“, “we”, “our” or “us”). As provided below, Bigfoot grants you the right to use the Site, our software applications, including without limitation the Bigfoot Unity™ Mobile Application (collectively “Software,” or “App”), and services provided through the Site or Software, including the Bigfoot Unity™ Program (together, the “Bigfoot Services”), subject to these terms and conditions of use (“Terms of Use”, “Terms of Service” or “Terms”) set forth below. Please read these terms carefully before using the Bigfoot Services. |
|
B |
UNLESS YOU ARE A CONSUMER LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION, THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BIGFOOT WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 4(D) (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH BIGFOOT. |
|
C |
Bigfoot reserves the right to revise these Terms from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Effective Date” date at the beginning of these Terms. You are responsible for periodically reviewing these Terms for applicable changes. The term “you” refers to the person visiting the Site, using the Bigfoot Services. BY ACCESSING OR USING THE BIGFOOT SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. If you do not agree to these Terms, including the mandatory arbitration and class action waiver in Section 4(D), you may not access or use the Bigfoot Service |
Section 2: Bigfoot Services and Bigfoot Unity™ Diabetes Management Program Terms of Use
A |
This Section 2 applies to you if you are accessing the Bigfoot Services by participating in the Bigfoot Unity™ Diabetes Management Program (or the “Bigfoot Unity™ Program”) for supporting management of your diabetes. The Bigfoot Unity Program is an insulin dosing support program and monthly service designed to support individuals with insulin-requiring diabetes using multiple daily injections (or “MDI”) therapy. If you are a healthcare professional using the Bigfoot Services under Practice Group Agreement, the Provider Terms govern your use of the Bigfoot Services. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE BIGFOOT SERVICES OR PARTICIPATE IN THE BIGFOOT UNITY™ PROGRAM. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
B |
BIGFOOT SERVICES. THE BIGFOOT SERVICES ARE INTENDED ONLY TO RECORD, DISPLAY, STORE, AND TRANSMIT GLUCOSE DATA, INJECTION TIMING DATA, AND OTHER RELATED DIABETES DATA (COLLECTIVELY “DIABETES DATA”). IN CONSULTATION WITH THE HEALTHCARE PROVIDER OF THE PATIENT, YOU, AS THE PATIENT OR THE PATIENT GUARDIAN, ARE RESPONSIBLE FOR MAKING ALL INSULIN DOSING AND OTHER DIABETES TREATMENT DECISIONS. ADDITIONALLY, YOU HAVE THE RESPONSIBILITY TO PROACTIVELY MONITOR THE GLUCOSE DATA AND TO CONTACT A HEALTHCARE PROVIDER OR EMERGENCY SERVICES (E.G., CALL 911) IF YOU SUSPECT AN EMERGENCY HEALTH CONDITION, SUCH AS, BUT NOT LIMITED TO, A SEVERE HYPOGLYCEMIA OR A SEVERE HYPERGLYCEMIA. THE BIGFOOT SERVICES ARE NOT INTENDED FOR CONTINUOUS OR REAL-TIME MONITORING, AND WE DO NOT GUARANTEE A RESPONSE BY ANY HEALTHCARE PROFESSIONAL TO DIABETES DATA OR ANY OTHER INFORMATION RECORDED THROUGH THE BIGFOOT SERVICES. ALTHOUGH BIGFOOT MAY ACCESS YOUR DIABETES DATA TO PROVIDE CERTAIN SERVICES TO YOU OR YOUR HEALTHCARE PROVIDER OR ENABLE YOU TO CONNECT YOUR ACCOUNT TO YOUR HEALTHCARE PROVIDER, BIGFOOT DOES NOT AUTOMATICALLY REVIEW, MONITOR, EVALUATE, OR ANALYZE ANY INFORMATION GENERATED FROM THE BIGFOOT SERVICES. IT IS YOUR RESPONSIBILITY TO PRESENT YOUR DIABETES DATA AND/OR OTHER MEDICAL DATA TO YOUR PHYSICIAN FOR PROPER ANALYSIS AND DIAGNOSIS. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
C |
Bigfoot Unity™ Program, Supplies, and Limitations.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
D |
Bigfoot Unity™ Program Support. In order to receive support, you must have an active Bigfoot account. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
E |
Bigfoot Unity™ Program Fees. Generally, and unless covered by a separate agreement between you and Bigfoot, the products and services included in Bigfoot Unity™ Program will be paid for by your prescribing HCP. Although Bigfoot may assist your HCP in collecting data relevant to your treatment or insurance claims, you understand and agree that Bigfoot is not a party to any agreement that you have with your prescribing HCP regarding any fees charged by your HCP for the products provided under the Bigfoot Unity™ Program or any associated services rendered to you by your HCP, which may or may not be partially covered by your insurance carrier. If you have any questions about the amounts you are responsible for, you should contact your insurance company. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
F |
Privacy Policy. Federal and State law govern the confidentiality of medical information. Please read our privacy policy, bigfootbiomedical.com/help/privacy-policy, for information about how Bigfoot collects, uses, and discloses information through the Bigfoot Services. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
G |
Eligibility and Enrollment.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
H |
Bigfoot Account. To participate in the Bigfoot Unity™ Program and to access most features of the Bigfoot Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself including personal information such as your name, email address, mobile number, telephone number, mailing address, password, gender, height and birthdate. You may choose to provide additional information to us. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at security@bigfootbiomedical.com or call 551-BIGFOOT. Your account may automatically expire following any period of inactivity associated with your account in excess of twelve (12) consecutive months. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
I |
Bigfoot Unity™ Training. In order to participate in the Bigfoot Unity™ Program, you must schedule a training session regarding how to use the Bigfoot Unity™ System. You understand that a failure to fully set up your Bigfoot Account or to schedule your patient training may prevent you from participating in the Bigfoot Unity™ Program. You agree that you will not start using the Bigfoot Unity™ System prior to your patient training session. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
J |
Termination of Use; Discontinuation and Modification of the Service.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
K |
Prohibited Conduct. BY USING THE BIGFOOT SERVICES, YOU AGREE NOT TO:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
L |
Consent to Contact. By providing us with a valid email address and phone number, you authorize and give consent to Bigfoot Biomedical, Inc., its distributors and its affiliates and wholly-owned subsidiaries (collectively referred to as “Bigfoot and/or its Affiliates”) to contact you in order to collect relevant information, to coordinate or arrange delivery of medical devices and/or supplies, and to schedule patient training. Any contact with you pursuant to this authorization may be made by Bigfoot and/or its Affiliates by telephone, text message, mail, e-mail (including unencrypted e-mail), or by other means of communications. You agree that Bigfoot may also send push notifications to your mobile device for Bigfoot Services-related or marketing purposes. You may turn off push notifications through your device settings, but you should keep your notifications on to ensure the most effective use of the Bigfoot Unity™ You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
M |
License. Bigfoot owns and operates the Bigfoot Services. The documents and other information and content available on the Bigfoot Services (the “Site Content“) are protected by copyright and other intellectual property laws throughout the world. All copyright and other proprietary notices on any Site Content must be retained on any copies made thereof. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. Bigfoot and its suppliers reserve all rights not granted in these Terms. Subject to the restrictions set forth in these Terms, Bigfoot grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that you own or control, solely for use with the Bigfoot Services. By downloading or using our App(s), you:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
N |
Software Updates. Bigfoot may from time to time, in its sole discretion (without obligation), develop and provide updates for our Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (“Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Bigfoot has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Portions of the software may not properly operate if you do not install all Updates, so we encourage you to promptly install all Updates. To that end, based on your mobile device settings, with respect to the App, when your mobile device is connected to the Internet, either (i) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
O |
User Representations and Warranties.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
P |
User Content.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Q |
Indemnity. To the fullest extent permitted under applicable law, you are responsible for your use of the Bigfoot Services, and you will indemnify, hold harmless, and, if so directed by Bigfoot, defend Bigfoot and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Bigfoot Entities”) from and against any and all claims, actions, suits, or proceedings and any liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Bigfoot Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
R |
NOTICE REGARDING APPLE You acknowledge that these Terms are between you and Bigfoot only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the App to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of the Terms. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
S |
Disclaimers; No Warranties; Release; Limitation of Liability To the fullest extent permitted by applicable law, you release Bigfoot and the other Bigfoot Entities from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE. THE BIGFOOT SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE BIGFOOT SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIGFOOT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE BIGFOOT SERVICES, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE BIGFOOT SERVICES, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE BIGFOOT SERVICES, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE DIABETES DATA OR OTHER INFORMATION AVAILABLE ON, COLLECTED THROUGH, OR TRANSMITTED BY THE BIGFOOT SERVICES IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BIGFOOT IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HCP BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE BIGFOOT SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. THE BIGFOOT ENTITIES DO NOT WARRANT THAT THE BIGFOOT SERVICES OR ANY PORTION OF THE BIGFOOT SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE BIGFOOT SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BIGFOOT SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE BIGFOOT SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE BIGFOOT ENTITIES OR THE BIGFOOT SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE BIGFOOT SERVICES, YOUR DEALING WITH ANY OTHER BIGFOOT SERVICES USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE BIGFOOT SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE BIGFOOT SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE BIGFOOT SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE BIGFOOT SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE BIGFOOT SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES. IN NO EVENT WILL THE BIGFOOT ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE BIGFOOT SERVICES OR CONTENT ON THE BIGFOOT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BIGFOOT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES. IF BIGFOOT CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF THE BIGFOOT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE BIGFOOT SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO USE THE BIGFOOT SERVICES IN THE PREVIOUS SIX (6) MONTHS OR $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 3: SITE TERMS AND CONDITIONS
bigfootbiomedical.com (the “Site”) was created and is operated under the laws of the State of California. This Site is only intended for residents of the United States of at least 18 years of age.
A |
DISCLAIMERS
|
|||||||||||||||||||||||||
B |
YOUR USE
|
|||||||||||||||||||||||||
C |
PRODUCT LABELING Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products are not available outside of the United States at this time. Many of the products listed are available only by prescription through your HCP. EXCEPT AS EXPRESSLY STATED AND AGREED UPON IN ADVANCE BY BIGFOOT, NO DIRECTOR, EMPLOYEE, AGENT, OR REPRESENTATIVE OF BIGFOOT, ITS SUBSIDIARIES AND AFFILIATES ARE ENGAGED IN RENDERING MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR OTHER MEDICAL SERVICES THAT IN ANY WAY CREATE A PHYSICIAN-PATIENT RELATIONSHIP THROUGH THIS SITE. |
|||||||||||||||||||||||||
D |
INTELLECTUAL PROPERTY The information, documents, and related graphics published in this Site (the "Information") are the sole property of Bigfoot, except for information provided by third-party providers under contract to Bigfoot, its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Site are used separate from accompanying text. Bigfoot is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Bigfoot. No use of any Bigfoot trademark, trade names, trade dress and products in this Site may be made without the prior written authorization of Bigfoot, except to identify the product or services of the company. |
|||||||||||||||||||||||||
E |
LIMITATION OF LIABILITY Bigfoot does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Site. Reliance on these materials, information and opinions is solely at your own risk. Bigfoot disclaims any liability for injury or damages resulting from the use of this Site, or the content contained thereon. THIS SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL BIGFOOT, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “BIGFOOT PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY BIGFOOT AND WHETHER OR NOT BIGFOOT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you. bigfootbiomedical.com was created and is operated under the laws of the State of California. |
|||||||||||||||||||||||||
Section 4: Interpretation and Disputes
A |
Governing Law and Competent Courts: You agree that these Terms describe the entire agreement between us with respect to its subject matter. To the fullest extent permitted pursuant to applicable law, the laws of the State of Delaware will control the terms and conditions provided in these Terms, without giving effect to any principles of conflict of laws. If a lawsuit or court proceeding is permitted under these Terms, then you and Bigfoot agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. If a court of competent jurisdiction finds that any provision of these Terms is invalid or unenforceable, you agree that the other provisions of these Terms will remain in full force and effect. We operate the Bigfoot Services from our offices in the United States, and we make no representation that anything contained on the Site or otherwise in the Bigfoot Services, including as part of the Bigfoot Unity™ Program, is appropriate or available for use in other locations. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
B |
These Terms are the entire and exclusive understanding and agreement between you and Bigfoot regarding your use of the Bigfoot Services, including the Site and your participation in the Bigfoot Unity™ Program, unless you have another agreement with Bigfoot that expressly disclaims the applicability of these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be granted or withheld at Bigfoot’s sole discretion. Any attempted assignment by you without such consent shall be null and void. We may assign these Terms at any time without notice or consent, to the fullest extent permitted under applicable law. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
C |
Force Majeure. Bigfoot will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. To the fullest extent permitted under applicable law, for purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (5) telecommunications, network, computer, server or Internet downtime; (6) unauthorized access to Bigfoot’s information technology systems by third parties; or (7) other causes beyond the reasonable control of Bigfoot. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
D |
Dispute Resolution and Arbitration PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
WEB-400020 Rev C, 04/21