Limitations on Use
The Sites are based in the United States for use by individual business owners and legal entities organized and authorized to do business in the U.S., and may not be used by others or used outside of the U.S. We may change, suspend, or discontinue all or any part of the Sites, or deny you access to all or any part of the Sites, without notice and without reason. By accessing the Sites, you agree that you will not:
- use the Sites for any unlawful purpose, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Sites;
- obscure, block, or interfere with any advertisements or safety features on the Sites;
- circumvent, remove, alter, degrade, or thwart any protections in the Sites, or use the Sites to collect any market research;
- se automated means, including spiders, robots, crawlers, or data mining tools, to download or scrape data from the Sites, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- take any action that imposes or may impose (in our discretion) an unreasonable load on our technical infrastructure; or
- interfere with the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means.
Accounts and Passwords
You are responsible for maintaining the confidentiality of your usernames and passwords associated with your account and the Sites. You must notify us immediately of any unauthorized use of your account. You may be liable for losses or damages incurred by us or any other user of the Sites due to someone else using your username, ID, password, or other information which provides access to the Sites. We are not liable for any loss or damage you may incur as a result of your failure to comply with these requirements.
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the software and related functionality embedded in the Sites (collectively, “Software”). Certain Software that BigCart uses to provide the Sites has been licensed from third parties (each, a “Third Party Licensor”) that are not affiliated with BigCart. Your limited right to use the Software is revocable in the discretion of BigCart and its Third Party Licensors. You agree to download and install all Software updates for the Sites promptly once they are available to you. BigCart and its Third Party Licensors have no obligation to correct any bugs, defects or errors in the Sites or Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Sites or Software.
You agree that when you use the Sites, you will remain subject to the terms and conditions of all of your existing agreements with us, our affiliates and/or any unaffiliated service providers and your internet service provider and mobile service carrier or provider, and that these Terms do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Sites (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the App), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us.
BigCart and the other trademarks, logos, and service marks displayed on the Sites are our trademarks or those of our affiliates and/or other respective third party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written permission. All right, title and interest in the Site and any content contained herein is the exclusive property of BigCart, except as otherwise stated.
The information contained on the Sites, including but not limited to text, graphics, and images (other than certain images licensed from third parties) and their arrangement, are copyright ©2019 by BigCart, Inc. or BigCart Ltd. All rights reserved.
By your use of the Sites, you also expressly consent to receiving servicing, collection, marketing and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider may charge you according to the type of plan you carry. Your consent will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for auto-dialed and prerecorded calls shall remain in effect until you revoke it. Your consent to these calls may be revoked by informing the telemarketing representative, or by any other reasonable method that ensures we receive the revocation. Your consent to telemarketing calls is not a condition of obtaining a loan.
You also consent to the recording and monitoring, for quality assurance, training, risk management, collection or other purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
THE SITES AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY, OR COMPLETENESS OF INFORMATION, MATERIALS, PRODUCTS AND SERVICES, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. BIGCART AND THIRD-PARTY DATA PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITES AND IN THE APP.
BIGCART DOES NOT OPERATE AS AN ACCOUNTING, FINANCIAL OR INVESTMENT PLANNER OR ADVISOR. WE DO NOT PROVIDE FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX OR LEGAL ADVICE. YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK.
BIGCART IS NOT ACTING AS A BUSINESS ASSOCIATE OR SUBCONTRACTOR (AS SUCH TERMS ARE DEFINED AND USED IN HIPAA) AND THE SERVICES PROVIDED BY BIGCART ARE NOT HIPAA COMPLIANT. BIGCART HAS NO LIABILITY UNDER THIS AGREEMENT FOR SENSITIVE DATA.
Limitation of Liability
In no event shall we be liable for any lost profits, lost opportunity, cost of procurement of substitute goods or services, intangible loss, or any indirect, special, incidental, exemplary, punitive or consequential damages, damages arising out of or in connection with your access to, use or inability to access and use the Sites, the App, the services, the software, or any related products or services, or the copying or displaying of, or the interaction or any other form of communications with the Sites or the App, regardless of whether we have been advised of the possibility of such damages, losses, or expenses and regardless of the action, whether in warranty, contract, tort or otherwise. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BIGCART FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITES AND RELATED SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO BIGCART FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You will indemnify, defend, and hold us, our affiliates, and our respective shareholders, members, officers, directors, employees, agents, successors and assigns (collectively, “BigCart Indemnitees”) harmless from and against any actual or alleged claims or losses, and expenses, including reasonable attorney’s fees (collectively, “Losses”), incurred by any BigCart Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your use of any Site in violation of these Terms, (ii) your breach of any of your representations and warranties hereunder or (iii) your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our (i) promptly notifying you of the Claim and (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restrictions or limitations.
These Terms are governed by the laws of Deleware (without regard to conflict of law provisions) and applicable federal law. Our failure to exercise or delay in enforcing any of our rights shall not constitute a waiver of such rights. These Terms, together with all other documents incorporated herein, constitutes the entire agreement with respect to the subject matter herein, provided that these Terms shall not limit or modify any other agreement you enter into with BigCart.
Consent to Electronic Transactions and Disclosures
BigCart may provide you with information relating to products and services electronically from time to time. We may be required by law to give you certain information “in writing” – which means in some cases you are entitled to receive it on paper. We also need your general consent to use electronic records and signatures in our relationship with you. You will be asked to review and consent to our electronic transactions and disclosures policy as a condition to becoming a BigCart customer.