Terms and Conditions
BBM Leads Service is a service provided by Big Bamboo Marketing LLC of Culpeper, Virginia. These terms and conditions (hereinafter referred to as TERMS) govern your access and use of all BigBambooMarketing.com services so please read them carefully before using the services.
By using the services you agree to be bound by these Terms in their entirety.
If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case YOU and YOUR will refer to that organization.
You may use the BBM Leads Service only in compliance with these Terms. You may use the BBM Leads Service only if you have the power to form a contract with Big Bamboo Marketing LLC and are not barred under any applicable laws from doing so. The BBM Leads Service may continue to change over time as we refine and add more features. We may stop, suspend, or modify the BBM Leads Service at any time without prior notice to you. We may also remove any content from our BBM Leads Service at our discretion.
Security
You are responsible for safeguarding the password that you use to access the BBM Leads Service and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Big Bamboo Marketing LLC of any unauthorized use of your account.
Your Responsibilities
Files and other content in the BBM Leads Service may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Big Bamboo Marketing LLC, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the BBM Leads Service. You must not upload spyware or any other malicious software to the Service.
You, and not Big Bamboo Marketing LLC, are responsible for maintaining and protecting your account.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
THE SERVICES ARE PROVIDED AS-IS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Big Bamboo Marketing LLC will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the BBM Leads Service. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIG BAMBOO MARKETING LLC, ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Termination
You can stop using our BBM Leads Service any time. We reserve the right to suspend or end the BBM Leads Service at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the BBM Leads Service in any way that would cause us legal liability or disrupt others’ use of the BBM Leads Service. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to Big Bamboo Marketing LLC relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the BBM Leads Service on a pro-rated basis.
Jurisdiction
THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY UNITED STATES LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF VIRGINIA, US AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Big Bamboo Marketing LLC with respect to the BBM Leads Service, and supersede and replace any other agreements, terms and conditions applicable to the BBM Leads Service. These Terms create no third party beneficiary rights. Big Bamboo Marketing LLC’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Big Bamboo Marketing LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the BBM Leads Service. Big Bamboo Marketing LLC and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Fees
All charges payable by you for the BigBambooMarketing.com BBM Leads Service shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the BigBambooMarketing.com BBM Leads Service. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the BigBambooMarketing.com BBM Leads Service. Big Bamboo Marketing LLC will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance and in the case of subscription payments, your contract will automatically renew on its anniversary month, at which point fees for the following month become payable. If you choose to pay by credit or debit card then you authorize Big Bamboo Marketing LLC to debit your account renewal fees from your card. If you wish to cancel your contract with Big Bamboo Marketing LLC, you must do so in writing before the renewal of your contract.
All fees paid to us are non-refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Intellectual Property
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The technology we use to provide the BBM Leads Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Big Bamboo Marketing LLC trademarks, logos, domain names, or other brand features.