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November 16, 2019

terms & conditions

Terms and Conditions
Last Updated: January 28th 2019

Welcome to the BigTray website, with a homepage located at www.bigtray.com (the "Site").

These Terms and Conditions are entered into by and between you and [legal entity] dba BigTray (“BigTray”). The following Terms and Conditions and conditions, together with the Privacy Policy, disclaimers or terms and conditions that appear elsewhere on the Site, which are incorporated herein by reference, (collectively, the “Terms and Conditions”) govern your access to and use of the Site, including any functionality, goods, and services offered on or through the Site. For any items purchased through the Site, such items are also subject to the written terms accompanying such item when shipped, including but not limited to warranty and/or disclaimer terms.

Please read the Terms and Conditions carefully. By either: (1) using the Site, or (2) placing an order, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Site, or place an order. “You” and similar terms means you as an individual, as well as the business or entity on whose behalf you are using this Site, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity.

This Site is owned and controlled by BigTray and is operated with the assistance of certain third parties.

BigTray reserves the right to make changes to the Site and its Terms and Conditions at any time. If you are dissatisfied with the Site, its content or Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the Site.

Disclaimer of Warranty and Liability
THIS SITE, ITS CONTENTS AND SITE RELATED SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS. BIGTRAY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT. NEITHER BIGTRAY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.

Intellectual Property Rights
Unless otherwise noted, the Site and its entire content, features and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BigTray, its suppliers or affiliates, or by third parties who have licensed their materials to BigTray, and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws.

BigTray and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of BigTray’s or any third party's intellectual property rights.

The BigTray names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of [legal entity] dba BigTray (“BigTray”). All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

Third Party Resources; Links
If the Site contains links to other sites and resources, provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements. We have no control over the contents of such sites or resource, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The availability of any third party sites or resources through the Site does not imply our endorsement of or our affiliation with any provider of such third party sites or resources. If you decide to access any of the third party sites or resources linked to this Site, you do so at your own risk and subject to the terms and conditions of use for such sites or resources.

Changes to the Site
You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms and Conditions.

Your Account and Computer Data Safety
When and if you use the Site, you agree to accept sole responsibility for any and all activity that occurs under your user account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems.

Site Rules; User Content
It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our physical locations or otherwise accessible in the future through us or our Site or related to or associated with us ("User Content") are provided on a non-confidential and non-proprietary basis. If you submit any User Content, you agree you are granting us an irrevocable and unrestricted license to the User Content for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works. You are and shall remain solely responsible for any of your User Content, including its legality, reliability, accuracy and appropriateness. BigTray reserves the right to modify any User Content, in our sole discretion.

In connection with the Site, you must not:

  • Transmit or otherwise make available through or in connection with the Site, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious;
  • Use any device, software or routine that interferes with the Site;
  • Restrict or inhibit any other person from using the Site;
  • Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site;
  • Use the Site in an unlawful or fraudulent manner;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Use any automatic device, process or means to access the Site for any purpose, including monitoring or copying content on the Site; and
  • Otherwise attempt to interfere with the proper working of the Site.

Site Access
We may discontinue all or part of this Site at any time. We may block, limit or terminate your access to this Site for any reason, including if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.

Our Site is not intended for children under 13 years of age. No person under the age of 13 should use the Site. By using the Site, you represent that you are over 13 years of age.

Product Pricing, Availability and Accuracy
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and BigTray reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card or other payment mechanism charged.

Product Display/Colors
The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

Transactions
We make available the ability to purchase or otherwise obtain certain products through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant BigTray the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transaction.

Indemnification
You agree to defend, indemnify and hold BigTray, its parent and affiliate entities, and all of their owners, officers, directors employees, contractors and service providers (collectively, “Protected Entities”), harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of these Terms and Conditions, including but not limited to User Content.

Governing Law; Arbitration; Jurisdiction
These Terms and Conditions are governed by the laws of the State of California U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms and Conditions or any aspect of the relationship between you and BigTray, whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, will be resolved through final and binding arbitration in accordance with the American Arbitration Association’s rules and procedures. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

YOU AGREE THAT BIGTRAY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION OR DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The Site is controlled and operated from the United States, and is not intended to subject BigTray to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any geographic area or jurisdiction that we choose.

Miscellaneous
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without BigTray’s prior written consent.

These Terms and Conditions and the Privacy Policy constitute the sole and entire agreement between you and BigTray regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Contact Information
If you have questions or comments about these Terms and Conditions, please contact us contact us by email at [email protected] or by phone at 415-863-3614