BigTreetop Company
Terms of Use

THIS IS A TERMS OF USE AGREEMENT (“AGREEMENT”) BY AND BETWEEN BIGTREETOP, INC. AND YOU (“YOU” OR “CUSTOMER”).  PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE SERVICE. BY CHECKING THE BOX NEXT TO THE "I AGREE" TEXT ALONGSIDE THE LINK TO THIS DOCUMENT AND PROCEEDING TO REGISTER, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT ON BEHALF OF YOURSELF PERSONALLY OR THE ENTITY BY WHICH YOU ARE EMPLOYED AS SET FORTH IN THE REGISTRATION INFORMATION PROVIDED TO BIGTREETOP AND ARE REPRESENTING AND WARRANTING THAT YOU HAVE ADEQUATE LEGAL POWER AND CAPACITY TO ENTER INTO THIS AGREEMENT AND ARE AUTHORIZED TO BIND THE ENTITY BY WHICH YOU ARE EMPLOYED.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OR DO NOT UNDERSTAND THESE TERMS, YOU MUST NOT REGISTER TO USE THE BIGTREETOP SERVICE.

The following terms and conditions ("Terms of Service") govern your use of all services located under the domain BigTreetop.com ( "the BigTreetop Service").

The BigTreetop Service belongs to and is provided by BigTreetop Company ("BigTreetop"). By using the BigTreetop Service, you are agreeing to be legally bound by these Terms of Service. If at any time you are not willing to be bound by all of these Terms of Service, then you must not use the BigTreetop Service.

BigTreetop has complete discretion to update and change these Terms of Service from time to time, and to change the scope or features of the BigTreetop Service from time to time. Although BigTreetop will use reasonable efforts to notify you of changes when commercially practical, we reserve the right to make such changes without notice. If you continue to use the BigTreetop Service after any such changes, with or without notice, you will be considered to have consented to them.

You can always review the most current version of the Terms of Use at http://bigtreetop.com/terms.html.

• Eligibility
  If you are age 13 or older, you may access the BigTreetop Service. However, until you reach 18 years old (or the legal age to form a binding contract in the place where you live, if that age is not 18), then your use of the BigTreetop Service must be under the supervision of your parent or guardian who has agreed to the Terms of Service. If you do not qualify in one of these ways, you may not use the Service.

• Registration and Security
  In order to use or access some of the BigTreetop Service, you may be required to register with BigTreetop and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide BigTreetop with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. BigTreetop reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the BigTreetop Service shall be for your personal use only. You agree to (a) immediately notify BigTreetop of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.  BigTreetop can refuse registration of, or cancel an account in its discretion, at any time.

• Use of the Site/Services by Members
  Using your account, you may access and participate in the BigTreetop Service, including viewing, posting, sharing, commenting, rating, and friending on the BigTreetop Service. You may not copy or distribute any portion of the BigTreetop Site and/or BigTreetop Service for any purpose not authorized above without the express written permission of BigTreetop. BigTreetop does not control the Content posted by third parties via the BigTreetop Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the BigTreetop Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BigTReetop be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the BigTreetop Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

• BigTreetop Ownership
  BigTreetop alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the BigTreetop Technology, Software, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, BigTreetop Technology, Software or Intellectual Property owned by BigTreetop to Customer. The BigTreetop name, the BigTreetop logo, and the product names associated with the Service are trademarks of BigTreetop or third parties, and no right or license is granted to use them.  Customer shall not use the trademarks, service marks, logos, brand source distinctions and trade names of BigTreeTop without BigTreeTop’s prior written consent.
  
  Upon reasonable notice to Customer, BigTreeTop shall have the right to inspect Customer’s use of the BigTreetop Service and audit Customer’s relevant records to verify its compliance with the terms of this Agreement. The BigTreetop Service contains valuable trade secrets and proprietary know-how that belongs to BigTreeTop and its licensors and it is made available to Customer in strict confidence.  ANY USE OR DISCLOSURE OF THE SOFTWARE OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES OTHER THAN IN STRICT ACCORDANCE WITH THIS AGREEMENT IS PROHIBITED AND MAY BE ACTIONABLE AS A VIOLATION OF BIGTREETOP’S OR ITS LICENSORS’ PROPRIETARY RIGHTS.
  
  
• Restrictions
  You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your internal business use. Unauthorized use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited. You agree not to reverse engineer the Service, or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third-party.
  
  You also agree that you shall not (and you agree not to allow any third party to):
  
  
• remove any copyright, trademark or other proprietary rights notices contained in or on the BigTreetop Site and/or BigTreetop Service or in or on any Content or other material obtained via the BigTreetop Site and/or BigTreetop Service;
• use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the BigTreetop Site and/or BigTreetop Service;
• access, retrieve or index any portion of the BigTreetop Site and/or BigTreetop Service for purposes of constructing or populating a searchable database of business reviews;
• collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other BigTreetop users or members;
• reformat or frame any portion of the web pages that are part of the BigTreetop Site and/or BigTreetop Service;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit unwanted electronic communications such as "spam" to other users or members of the BigTreetop Site and/or BigTreetop Service or otherwise interfere with other user's or member's enjoyment of the BigTreetop Site and/or BigTreetop Service;
• transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• use of the BigTreetop Site or BigTreetop Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
• copy or store any Content offered on the BigTreetop Site for other than your own use;
• use any device, software or routine that interferes with the proper working of the BigTreetop Site and/or BigTreetop Service, or otherwise attempt to interfere with the proper working of the BigTreetop Site and/or BigTreetop Service;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• use the BigTreetop Service in a timesharing arrangement nor encumber, rent, lease, transmit, distribute or transfer the BigTreetop Service to any third party for any purpose without BigTreeTop's prior written consent;
• disclose results of benchmark or other performance tests run on the BigTreetop Service without BigTreeTop's prior written consent. 
• use the BigTreetop Site and/ or BigTreetop Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
  
  
• Content Submitted to BigTreetop
  BigTreetop does not claim ownership of the Content you place on your BigTreetop Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the BigTreetop website or otherwise through the Service, you:
  
  
  • represent and warrant to BigTreetop that you own or otherwise control all rights to such Content and that disclosure and use of such content by BigTreetop (including without limitation, publishing content at the BigTreetop website) will not infringe or violate the rights of any third party; and
  • grant to BigTreetop, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Content in any form for the purpose of providing the Services and/or new Services, including without limitation, any concepts, ideas or know-how embodied therein; and
  • agrees that, in addition to viewing the Content on the BigTreetop Service, in the future parties may also be able to access and use the Content on the BigTreetop Service or its Aggregated Data, as defined below, for certain other purposes through the use of BigTreetop's application programming interfaces ("APIs").
  • acknowledge that the Content may not be treated confidentially.
  
  You agree not to provide BigTreetop with any confidential or proprietary information that you desire or are required to keep secret. You acknowledge that BigTreetop does not pre-screen Content, but that BigTreetop and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, BigTreetop and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

• Use of Aggregated Data by BigTreetop
  Customer agrees that BigTreetop owns and may disclose and publish Aggregate Data on an Aggregate Basis (as defined below) to any party through any means, including without limitation through press releases, advertising or similar communications. For this purpose Customer acknowledges and agrees that BigTreetop shall own and administer a security key to access the Subscription Data.  “Aggregate Basis” means that BigTreetop combines parts of information collected or processed from Customers that does not contain Customer’s name with other information from any or all other BigTreetop customers using the BigTreetop Service in a manner that does not disclose any individually identifiable information about individual Customers.  Notwithstanding the foregoing and any other provisions of this Agreement, in the event that BigTreetop permits a third party to host the BigTreetop Service, Customer shall permit BigTreetop to provide all of the Subscription Data to such a third party, provided that such third party agrees to the restrictions contained in this Section.
  
• Code of Conduct
  BigTreetop has the right, but not the obligation, to remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the BigTreetop Service. BigTreetop also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such Content.
  
  BigTreetop will use common sense and business sense regarding allowable Content on the BigTreetop Service. Examples of unacceptable Content or behavior on the BigTReetop Service include

• abuse, harassment, threats, flaming or intimidation of any person or organization
• engaging in or contributing to any illegal activity or activity that violates others' rights
• use of derogatory, discriminatory or excessively graphic language
• providing information that is false, misleading or inaccurate
• implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
• disclosing personal or proprietary information of another person or organization
  
  
• Contests and Illegal Lotteries
  Federal and state laws prohibit illegal lotteries which contain three elements. A prize,  an element of chance and consideration (“Illegal Lottery”).  You acknowledge and agree that you shall not run, promote or engage in an Illegal Lottery on or through your use of the Service.  You further acknowledge and agree that you understand federal and state laws regulating sweepstakes and contests are complex and that BigTreetop shall not at any time provide you with any legal advice concerning the foregoing.  If you do wish to run, promote or engage in a contest or other online promotion on or through your use of the Service (“Contest”), you must immediately hire your own lawyer admitted to practice in the United States and in good standing, well-versed in such area of the law, and obtain a legal opinion that such Contest does not and shall not constitute an Illegal Lottery.  If such legal opinion is obtained, you must then comply with all applicable state and federal laws at your sole cost and expense PRIOR to running, promoting or engaging in such Content on or through your use of the Service.
  
  
• Copyright Dispute
  BigTreetop respects the intellectual property of others, and we expect our users to do the same. BigTreetop has no responsibility for content on other web sites that you may find or access when using BigTreetop's products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the BigTreetop Terms of Service, govern your use of that material.
  
  It is BigTreetop's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of BigTreetop and/or others.
  
  
• Notice for Claims of Intellectual Property Violations and Agent for Notice
  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide BigTreetop's Copyright Agent with the following information:
  
  
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a specific description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a specific description of where the material that you claim is infringing is located on the BigTreetop site, with enough detail that we may find it on the web site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

BigTreetop's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows.  By email: administrativesupport@bigtreetop.com.

• Privacy
  BigTreetop's privacy policy may be viewed at http://bigtreetop.com/privacy.html.  BigTreetop reserves the right to modify its privacy policy in its reasonable discretion from time to time.

• Venue Only
  If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the BigTreetop Service, such activity is solely between you and the applicable third party. BigTreetop shall have no liability, obligation or responsibility for any such activity. You hereby release BigTreetop from all claims arising from such activity.
  
  
• Term
  These Terms of Service will remain in full force and effect while you use the BigTreetop Service. Those terms that can continue to operate after you stop using the BigTreetop Service (including without limitation your Content license to BigTReetop and the General Terms in this Section), will survive after you stop using the BigTreetop Service.
  
  
• Indemnification
  You agree to indemnify and hold BigTreetop, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the BigTreetop Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the BigTreetop Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
  
  
• Disclaimer of Warranties
  THE BIGTREETOP SERVICE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE BIGTREETOP SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE BIGTREETOP SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIGTREETOP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, BIGTREETOP AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE BIGTREETOP SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BIGTREETOP DOES NOT WARRANT THAT THE BIGTREETOP SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BIGTREETOP SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BIGTREETOP OR THE BIGTREETOP SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
  
  
• Limitation of Liability
  BIGTREETOP AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIGTREETOP'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO BIGTREETOP FOR THE BIGTREETOP SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
  
  
•  General
  These Terms of Use (including the Privacy Policy) are the entire agreement between BigTreetop and you regarding the BigTreetop Service. Any dispute arising from or related to these Terms of Use will be governed by the laws of the State of Massachusetts without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in Boston, Massachusetts, and you agree to the personal jurisdiction of those courts for such purposes. The failure of BigTreetop to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGTREETOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• BIGTREETOP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIGTREETOP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.