Terms Of Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF AT ANY TIME YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.
Disclaimer of Warranties
BigHoller Disclaims All Warranties (Please Read this Carefully). BigHoller is providing the Service to you "AS IS" without warranty of any kind. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BigHoller EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND BIGHOLLER'S PERFORMANCE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BIGHOLLER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
BigHoller's Liability to You is Limited (Please Read this Carefully). You understand and acknowledge that the Service may contain errors, design flaws, or other problems, and that use of the Service may result in unpredictable damage or loss to you, including without limitation unexpected results or loss of data. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIGHOLLER BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY BIGHOLLER. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Without limiting the foregoing, in no event will BigHoller’s aggregate liability to you relating to or arising out of this Agreement, whether in contract, tort or otherwise, exceed the total amounts paid by you to BigHoller for your use of the Service as set forth herein.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between BigHoller and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
BigHoller may, in its sole discretion and without prior notice: (a) revise the terms and conditions of this Agreement (including any online policy); (b) revise its billing rates and other fees; and (c) modify the Service at any time, including the right to terminate with or without notice, without liability to you, any other user or any third party. BigHoller will post any such revision or modification to the Site, and the revision or modification will be effective immediately upon such posting. You agree to review this Agreement and the online policies as posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use Service following notice of any revision, you agree to abide by any such revision.
Please review these Terms of Service from time to time so that you will be apprised of any changes.