Terms of service
Terms and Conditions
Last updated: July 31, 2025
Thank you for visiting the bigasscalendar.com website located at www.thebigasscalendar.com (the “Site”). The Site is owned and operated by BYLR, LLC (collectively with Mr. Jesse Itzler and Live Boundless LLC to be referred to herein as “BAC,” “we,” “our” or “us”). These bigasscalendar.com Website Terms and Conditions (“Terms and Conditions”) are inclusive of thebigasscalendar.com Privacy Policy (“Privacy Policy”), the contest rules applicable to any Promotion, as defined below (“Contest Rules”), and any and all other applicable bigasscalendar.com and BAC operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).
Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement, in its entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the blog posts, text, product videos, the customer calendar builder, animated elements throughout the Site and/or other information pertaining to our calendars and related products and other subject matter shared, posted and/or discussed on the Site (the “Content”); (c) accesses the comments sections associated with the Content and/or other interactive features made available on the Site (“Interactive Services”); (d) accesses links to any social media pages/accounts on, or otherwise links to or interacts with, third party social media mobile applications or websites, such as Instagram®, TikTok® and YouTube® (collectively, “Social Media Pages”); (e) enters one of the promotions, sweepstakes and/or contests featured on the Site from time-to-time (collectively, “Promotions”); (f) registers to receive any newsletters featured on the Site (collectively, the "Newsletters"); (g) purchases any of the merchandise made available on the Site from time-to-time including, without limitation, the Big A## Calendar and related products (collectively, the “Merchandise”); and/or (h) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, BAC (collectively, the “Contact Services,” and together with the Site, Content, Interactive Services, Social Media Pages, Promotions, the Newsletters, and Merchandise, the “Site Offerings”).
By using and/or accessing the Site Offerings, each User agrees to comply with and be bound by the Agreement in its entirety, whether or not such User is a registered member of the Site. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OR CONDITIONS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO ACCESS, PURCHASE AND/OR USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST BAC AND ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS, MARKETING PARTNERS, AND MR. JESSE ITZLER (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
Instagram® is a registered trademark of Meta Platforms, Inc. (“Meta”). TikTok® is a registered trademark of ByteDance Ltd. (“TikTok”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that BAC is not in any way affiliated with Google, Meta or TikTok, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.
Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and BAC with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. BAC may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the: (a) arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings. BAC may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where BAC believes that such User is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. BAC does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. BAC does not guarantee that the Site Offerings can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and BAC has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
Registration. Where a User attempts to utilize the Site Offerings, including the Contact Services, that User may be required to submit, and BAC may collect, some or all of the following information: (a) full name; (b) email address; (c) mailing/billing address; (d) telephone number; (e) credit/debit card information, or information pertaining to any other payment method authorized by BAC, including , Apple Pay®, Google Pay®, PayPal®, Shop Pay® and Venmo® (collectively, “Payment Method”); and (f) any other information collected via the applicable Site Offerings form (collectively, “Registration Data”). Each User agrees to provide true, accurate, current and complete Registration Data. BAC’s use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please click here.
Apple Pay® is a registered trademark of Apple, Inc. (“Apple”). Google Pay® is a registered trademark of Google. PayPal® and Venmo® are registered trademarks of PayPal, Inc. (“PayPal”). Shop Pay® is a registered trademark of Shopify, Inc. (“Shopify”). Please be advised that BAC is not in any way affiliated with Apple, Google, PayPal or Shopify, and the Site Offerings are not endorsed, administered or sponsored by Apple, Google or PayPal.
Content. The Site Offerings contain Content which may include, but is not limited to, text, video and other information pertaining to our products. The Content presented by and through the Site Offerings shall at all times remain subject to any and all disclaimers appearing on the Site and in the Agreement, and is in no way intended as medical advice. All Content that is made available by and through the Site Offerings should be discussed and confirmed with your physician or other healthcare provider before adopting any exercise regimen, wellness program or other activity.
Merchandise. You can purchase Merchandise by and through the Site by completing the applicable form and providing the requisite Registration Data, as further detailed herein. BAC does not warrant that the Merchandise descriptions are accurate, complete, reliable, current or error free. We have made every effort to display as accurately as possible the colors of the Merchandise that appear on the Site. However, as the actual colors you see will depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Site, as applicable, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Merchandise to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Merchandise that we offer. All descriptions of Merchandise, as well as Merchandise pricing, are subject to change at any time, without notice, in our sole discretion. We reserve the right to discontinue any Merchandise at any time. Any offer for any Merchandise made on the Site is void where prohibited.
The Site contains Merchandise inventory information. This information can be used to estimate the likelihood that the applicable Merchandise will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Merchandise listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Merchandise may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If, for any reason, we determine that backordered Merchandise is no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.
In the event that Merchandise is listed at an incorrect price point due to a typographical error or an error in pricing information received from our suppliers, BAC shall have the right to refuse or cancel any orders placed for the Merchandise so listed at the incorrect price. BAC shall have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not the applicable User paid for such Merchandise. If a User has already paid for Merchandise and that order is cancelled, BAC shall immediately issue a credit to that User’s Payment Method (as defined below) in the amount of the subject charge.
Billing Provisions. Certain of our Site Offerings, including the Merchandise, may be subject to fees due now or in the future (the “Paid Offerings”). When you submit your Paid Offerings order by clicking the “Submit Purchase” or other similar button on the checkout page, your Payment Method will be charged the applicable purchase price for the Paid Offerings, plus shipping and handling and applicable sales tax. Please see our FAQ page for a description of the current Paid Offerings, our shipping terms, if applicable, and cancellation and refund policies. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of the Agreement. UNLESS OTHERWISE INDICATED TO THE CONTRARY ON THE SITE OR IN THE AGREEMENT, ALL PAID OFFERINGS PURCHASES ARE FINAL AND NON-REFUNDABLE.
You may place an order for Paid Offerings at any time (subject to any planned or unplanned downtime). When you submit your Paid Offerings order by clicking the “Submit Purchase” or other similar button on the checkout page, your submitted order constitutes a legally binding offer given by you to us to purchase the Paid Offerings specified in that order, subject to the Agreement, at the price and on the terms stated when you place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received payment of the purchase price for your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records.
Our products and services, including, without limitation, our Paid Offerings, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any commercial purpose. The rights you have under the Agreement are personal to you and are non-transferable.
Payment Processors
We use third-party payment processors (collectively, “Payment Processors”) to process your payments for the Paid Offerings. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to the Agreement. We are not responsible for errors made by the Payment Processors. By choosing to obtain Paid Offerings, you agree to pay, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Offerings in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. The fees associated with your purchases will appear on your Payment Method statement through the identifier: SP BYLR LLC BIG A CAL.
Current Information Required
You must provide current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made through your account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOUR PAYMENT METHOD FOR ANY USE OF PAID OFFERINGS UNTIL YOU HAVE TERMINATED YOUR PAID OFFERINGS AS SET FORTH ABOVE.
Change in Amount Authorized
If the amount to be charged to your Payment Method varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
General Billing Terms
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service. Failure to use the Paid Offerings does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of BAC in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), BAC reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Paid Offerings after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. BAC’s authorization to provide and bill for Paid Offerings is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. BAC’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures
Interactions. To the extent applicable, Users are solely responsible for their interactions with other Users and third parties. Because BAC is not involved in User interactions, except as set forth in these Terms and Conditions, in the event that you have a dispute with one or more Users and/or other third-party, you hereby release BAC from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
Interactive Services. (a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post comments, and engage in other interactive communication, by and through the Site Offerings. In connection with the Interactive Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services. BAC reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that BAC deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which BAC believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose BAC to harm, damage to reputation or liability. Notwithstanding the foregoing, BAC undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties. BAC shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with your use of the Interactive Services and other of the Site Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses, or any confidential information of any third party; (ii) display any audio files, text, photographs, videos, or other images containing confidential information; (iii) display any audio files, text, photographs, videos, or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam, or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by BAC, without BAC’s specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings; (xi) post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark, or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt the Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote, or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs, and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the Site without BAC’s prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Site Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site Offerings or any software used in or in connection with Site Offerings. BAC reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
Third Party Websites, Mobile Applications, and Social Media Pages. The Site Offerings may contain links to other websites, Social Media Pages, and mobile applications on the Internet (“Third Party Sites”) that are owned and operated by third parties and affiliated companies, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Materials”). The Third Party Sites are hosted and made available on third party websites by third party entities and affiliated companies. You understand and agree that BAC shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Third Party Sites. The Third Party Materials are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Materials posted on, available through or installed from the Site, including the content, accuracy, appropriateness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Materials. The inclusion of any link does not imply endorsement by BAC of the applicable Third Party Site or any association with the Third Party Site’s operators. Because BAC has no control over such Third Party Sites and/or resources, each User agrees that BAC is not responsible or liable for the availability or the operation of such external Third Party Sites, for any material located on or available from or through any such Third Party Sites or for the protection of any User’s data privacy by third parties. Each User further agrees that BAC shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such Third Party Site. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Materials, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site. The Site may contain links to the various BAC Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms, and conditions. You understand and agree that BAC shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
Newsletters. The Site provides Users with an opportunity to apply to receive Newsletters from time-to-time, which may feature short stories, information pertaining to various Site Offerings and other Content provided by Mr. Jesse Itzler and BAC. To register for the Newsletters, Users must submit their e-mail address at the Site.
Promotions. From time-to-time, BAC may make certain Promotions available to Users. By providing true and accurate information in connection with the applicable Promotion entry form(s) and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, entries for the chance to win prizes in the applicable Promotion(s). You understand and agree that BAC shall not be liable to any User or any third-party for any claim in connection with your participation in any of the Promotions.
Representations and Warranties. Each User hereby represents and warrants to BAC as follows: (a) the Agreement constitutes such User’s legal, valid, and binding obligation which is fully enforceable against such User in accordance with its terms; and (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Site Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement.
Indemnification. Each User agrees to indemnify, defend and hold the Covered Parties, their respective members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User and/or third party; (b) User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) User’s improper and/or unauthorized use of the Site Offerings. The provisions of this Section are for the benefit of the Covered Parties, their respective owners, parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. BAC may terminate this license at any time for any reason. Unless otherwise expressly authorized by BAC, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by BAC. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by BAC. Each User further agrees to indemnify and hold BAC harmless for that User’s failure to comply with this Section. BAC reserves any rights not explicitly granted in the Agreement.
Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks, patents and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.
The trademarks, logos, images and service marks (“Trademarks”) displayed on this Site are the property of BAC or other third parties. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Users are not permitted to use these Trademarks without the prior written consent of BAC or such third parties which may own the Trademarks. Any request for permission to publicly use the trademarks of BAC must be made in writing and must be approved and acknowledged by BAC.
Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and BAC will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COVERED PARTIES MAKE NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO REALIZE ANY PERSONAL IMPROVEMENT, EDUCATIONAL, HEALTH, EXERCISE AND/OR WELLNESS BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BAC WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE COVERED PARTIES OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COVERED PARTIES SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE OR OTHER SITE OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE PAGES VISITED, TIME SPENT ON EACH SITE PAGE, NAVIGATION PATH THROUGH THE SITE, AND/OR ANY ACTION TAKEN ON THE SITE, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (E) THE FAILURE TO REALIZE ANY PERSONAL IMPROVEMENT, EDUCATIONAL, HEALTH, DIETARY, EXERCISE, AND/OR WELLNESS BENEFIT; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES THE COVERED PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF THE COVERED PARTIES, COLLECTIELY, TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COVERED PARTY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND THE COVERED PARTIES. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS THE STATE OF NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY SET FORTH ABOVE AND IN SUCH JURISDICTIONS THE LIABILITY OF THE COVERED PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Intellectual Property/Copyright Policy.
(a) BAC and all of BAC’s graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks, service marks or trade dress of BAC in the United States and/or other countries and may not be used, including as part of trademarks, service marks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion in the marketplace and may not be copied, imitated or used, in whole or in part, without BAC’s prior written permission.
(b) BAC reserves the right to terminate any User’s access to the Site Offerings where such User infringes upon third-party copyrights or trademark rights.
Editing, Deleting and Modification. BAC reserves the right in its sole discretion to edit and/or delete any documents, information, Merchandise, or Content appearing on the Site.
Submissions, Uploads, Copyrights and Copyright Agents (DMCA Policy)
(a) By using the Site Offerings and/or uploading any material to the Site (“Uploaded Content”), you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media that you upload does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
(b) By uploading, publishing, modifying or displaying Uploaded Content to any part of the Site Offerings or our Site, you automatically grant, and you represent and warrant that you have the right and all necessary licenses to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute the Uploaded Content for any purpose on or in connection with the Site Offerings or our Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, the Uploaded Content, and to grant and authorize sublicenses of the foregoing. You also grant each User of the Site Offerings and our Site a non-exclusive license to access the Uploaded Content through the Site Offerings or the Site, and to use, reproduce, distribute, display and perform the Uploaded Content as permitted through the functionality of the Site Offerings and/or the Site and under the Agreement.
(c) WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT REFUND OR PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS TO THE SITE OFFERINGS AND/OR SITE AT ANY TIME FOR ANY REASON WITHOUT NOTICE.
(d) If you believe the Site Offerings or our Site contain(s) content that infringes upon your rights, please notify us immediately. We respect the intellectual property rights of others, and we ask that our Users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the content to be removed, please provide our Copyright Agent with the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(ii) An identification of the copyrighted work that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Site;
(iv) Your address, telephone number, and if available, e-mail address;
(v) A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
Via email at: info@bigasscalender.com; by U.S. Mail at: 1710 Redi Rd., Suite 100, Cumming, GA 30340; or by telephone at 888-926-4544.
(e) Counter Filing. Pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content. If you are the content provider, and you feel you must submit a counter notification regarding content that has been removed from our Site, you must submit — in writing — a counter notification that must include the following:
(i) Your physical or electronic signature;
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, in the District of Columbia, and that you will accept service of process from the person who provided notification under this Section, or an agent of such person.
(v) Send the notice: By e-mail to: info@bigasscalender.com
Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your content and or activity is not infringing upon the copyrights of others. If you are not sure if your content and or activity infringes on the copyrights of others, we advise you to consult with an attorney. You may find a sample counter claim form here: EFF.org
Use of User Information. All material submitted by Users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please click here.
Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Atlanta, Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia (without regard to conflict of law principles) and any proceeding arising in connection with the Agreement may only be brought under the statutes and common law of the State of New York. The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between you and BAC and/or any Covered Party including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before JAMS in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that BAC reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against BAC that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The applicable Covered Party(ies) named in the arbitration proceeding (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the Named Parties provide you with a Final Settlement Offer and you do not accept it, or the Named Parties cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) first provide BAC with proof that you accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the applicable Named Parties will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the applicable Named Parties will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Parties may have a right to an award of attorneys’ fees and expenses if they prevail in arbitration, the Named Parties will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, and other than where BAC requires same as set forth above, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any Covered Entity and/or BAC (including their respective employees, officers, directors, members, representatives and/or assigns). You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that BAC and/or any Covered Entity incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and any Contest Rules, insofar as an applicable Promotion is concerned, the Contest Rules shall govern. BAC’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. BAC may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Contact Us. If you have any questions about the Agreement and/or the Site Offerings, you may email us as at: info@bigasscalender.com; by U.S. Mail at: 1710 Redi Rd., Suite 100, Cumming, GA 30340; or by telephone at 888-926-4544.
California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Communications. By purchasing any of our products, you agree to receive certain electronic communications from BAC, subject applicable to law. You agree that any notice, agreement, disclosure or other communication that BAC sends you electronically will satisfy any legal communications requirements, including that such communications be in writing.