A REALLY BIG LIFE, LLC – TERMS OF USE

This website and related services (collectively, the “Site”) are provided subject to this Terms of Use. Please read the following information carefully. Your continued use of the Site will indicate your agreement to be bound by the terms and conditions set forth below. If you do not agree to these Terms of Use, promptly exit and cease use of the Site. These Terms of Use constitute the entire agreement between the Company and you pertaining to the subject matter hereof. In its sole discretion, the Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current terms of use so you are aware of any such revisions to which you are bound.

SECTION 1 – ACCEPTANCE

THIS TERMS OF USE (“TERMS OF USE”) IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, TRIAL USER, VISITOR, OR AGGREGATOR) (“YOU” AND “YOUR”) AND A REALLY BIG LIFE, LLC (THE “COMPANY”). BY USING THE SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS OF USE, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SITE.

SECTION 2 – OWNERSHIP OF THE SITE AND RESTRICTIONS ON ITS USE

The Site and any materials made available for download are the property of the Company. The Site is protected by United States and international copyright, trademark, and patent laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by the Company, including the provision of services or products to the Company, or in connection with a business relationship with the Company. You may not frame, utilize framing techniques to enclose, or deep link to, any name, trademark, logo, Content, or other proprietary information (including images, text, page layout, or form) of the Company without the Company’s express written consent.

The Company hereby grants you a non-exclusive, non-transferable license to use the Site solely for your personal, non-commercial use (except with regard to your use of inherent functionality provided through the Site). As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Content.

You may not use automated systems (e.g., robots, spiders, etc.) to access or “harvest” information from the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site.

Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by the Company and its affiliates.

SECTION 3 – CONFIDENTIAL INFORMATION

You acknowledge that the Site and Content include information which is confidential and proprietary to the Company (“Confidential Information”). Confidential Information includes Content or information marked as “Confidential” or with a similar label, as well as any other Content or information which you know, or reasonably should know, is confidential or proprietary to the Company. If you are not sure whether Content is Confidential Information, contact an authorized Company representative for clarification and do not disclose such Content to any third party until you receive such clarification. You agree to keep all such Confidential Information strictly confidential and to not disclose any such Confidential Information to any third party without the advance written consent of the Company. You agree to treat all Confidential Information with the same care and caution as you would treat your own Confidential Information.

SECTION 4 – ACCURACY AND INTEGRITY OF INFORMATION

Although the Company attempts to ensure the integrity and accurateness of the Site, the Company makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. Any information, Content, service, function, or feature contained on the Site may be discontinued, changed, or updated at any time with or without notice. Additionally, the Company shall have no responsibility or liability for information or Content posted to the Site from any third party.

SECTION 5 – ACCESS TO SITE

In the event access to the Site or a portion thereof requires a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as on file with the Company. You agree to protect the confidentiality of your user ID and password, not to share or disclose your user ID or password to any third party, and to promptly notify the Company in the event you become aware your user ID or password may have been disclosed to an unauthorized third party or otherwise compromised. YOUR ACCESS TO THE SITE MAY BE REVOKED BY THE COMPANY AT ANY TIME WITH OR WITHOUT CAUSE.

SECTION 6 – INDEMNIFICATION

You agree to defend, indemnify, and hold the Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your use or access of the Site, or any breach of these Terms of Use.
This Section 6 does not apply to third party claims arising from the Company’s own gross negligence or willful misconduct.

SECTION 7 – SUBMISSIONS / UPLOADS TO THE SITE

If you submit, upload, post, or transmit any information or Content to the Site (“Submissions”), you agree not to submit, upload, post, or transmit (a) anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful component.

The Company and its affiliates shall have a perpetual license to sublicense, use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote Submissions in any way and in any commercial or non-commercial medium or form, with or without charge. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption. You agree to defend, indemnify, and hold the Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by the Company arising out of any Submissions you submit, upload, post, transmit, or allow to be posted to the Site.

SECTION 8 – NO DUTY TO MONITOR

You agree that the Company is not liable for Content that is provided by others. The Company has no duty to screen or monitor Content that you or other users may submit, upload, post, transmit, or allow to be posted, but the Company does have the right to refuse to post or edit submitted Content. The Company reserves the right to remove any Content for any reason at any time.

SECTION 9 – INFRINGEMENT NOTICES

As provided in the Digital Millennium Copyright Act (“DMCA”), the Company has designated the following individual for notification of potential copyright infringement regarding the Site:

ELISABETH OLYVIA NORTON

6402 ODANA

MADISON, WI 53719

If you believe any content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

A physical or electronic signature of the copyright owner or authorized agent;

Identification of the copyrighted work(s) claimed to have been infringed;

Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information regarding how the Company may contact you (e.g., mailing address, telephone number, e-mail address);

A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SECTION 10 – DISCLAIMER OF WARRANTIES

The COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. The Site, including any content or information contained within it, or any Site-related service, is provided “as is” and “as available

,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, title/non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. The Company specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the Site. The Company does not warrant the accuracy, completeness, timeliness, or availability of the information obtained through the Site.

You assume total responsibility and risk for your use of the Site and hyperlinked websites. The Company does not warrant that content or information contained within the Site will be free of viruses, worms, trojan horses, or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that the Company shall not be liable for any cost or damage arising directly or indirectly from your use of the Site, content, or information contained within the Site. You assume total responsibility and risk for your use of the Site and the internet.

SECTION 11 – LIMITATION OF LIABILITY REGARDING USE OF SITE

The Company and its officers, directors, employees, agents, owners, affiliates, vendors, licensors, dealers, and any third parties mentioned on the Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Site, content, or information contained within the Site, and any hyperlinked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and hyperlinked websites is to stop using the Site and those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SECTION 12 – LINKS TO OTHER SITES

The Company makes no representations whatsoever about any other website that you may access through the Site. When you access a non-Company website, please understand that it is independent from the Company, and that the Company has no control over the content on that website. In addition, a hyperlink to a non-Company website does not mean that the Company endorses or accepts any responsibility for the content or the use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of viruses, worms, trojan horses, and other destructive programming. If you decide to use or access any of the third party websites linked to the Site, you do this entirely at your own risk.

SECTION 13 – AGE OF USERS

Children under the age of eighteen (18) may not use the Site without supervision of their parent or legal guardian, and children under the age of thirteen (13) may not use the Site under any circumstances. If the Company becomes aware that a child under the age of eighteen has provided or attempted to provide the Company with personal information, the Company will use reasonable efforts to remove the information permanently from its files.

If you are under the age of eighteen but at least thirteen years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of thirteen and eighteen, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.

SECTION 14 – ELECTRONIC DELIVERY STATEMENT AND YOUR CONSENT

You agree that the Company may provide to you notices and other information concerning the Company or the Site electronically, including notice to any e-mail address that you may provide.

SECTION 15 – INTERNATIONAL USE

The Company makes no representation that Content on the Site is appropriate or available for use in locations outside the United States. If you choose to access the Site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

SECTION 16 – PRIVACY POLICY

Information that you provide or that the Company collects about you and your organization, in connection with your access to and use of the Site, is subject to the Company’s Privacy Policy https://www.areallybiglife.com/privacy-policy, the terms of which are incorporated herein by reference. Your use of the Site signifies your continuing consent to the Company’s Privacy Policy.

SECTION 17 – FINAL PROVISIONS

The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice.

In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions are severable and shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Site.

The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. You agree to pay and be responsible for all sales taxes, use taxes, value added taxes, and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of Content or the Site.

In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Wisconsin in accordance with Wisconsin law. Any cause of action brought by you against the Company or the Company’s affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time.