Your use of the Big Ox Web Site is conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Big Ox Web Site constitutes your agreement to all such terms, conditions, and notices. Additionally, the Big Ox Web Site may contain additional terms that govern particular features or offers (for example, sweepstakes or affiliate programs) ("Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Big Ox website, then these terms shall control.
Use of Site; Personal and Non-Commercial Use Limitation:
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without the express written approval of a senior officer of the Big Ox management team.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Big Ox or to purchase Big Ox products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Big Ox is strictly prohibited.
Impersonation of others, including a Big Ox employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks:
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Big Ox. The collective work includes works that are licensed to Big Ox. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Big Ox, or other respective owners that have granted Big Ox the right and license to use such Marks.
In the event a Big Ox product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Big Ox shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. Big Ox shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Big Ox shall issue a credit to your credit card account in the amount of the incorrect price.
User Participation (assumes the use of message boards, etc):
Comments, Feedback and Other Submissions:
We welcome your comments and feedback regarding our Site and our products. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Big Ox using this Site or otherwise (collectively, "Comments") are not confidential and will become and remain Big Ox's property. The disclosure, submission or offer of any Comments will constitute an assignment to Big Ox of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
User Message Boards:
Big Ox may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, message boards or other user forums, and the content of any such Communications. Big Ox, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Links to Other Websites and Services:
This Site may include links to other Internet sites maintained by third parties ('Linked Sites'). Big Ox provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Big Ox of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Big Ox Site. Linked Sites are not under the control of Big Ox and Big Ox is not responsible for the contents of any Linked Site.
Each claim or statement about the effectiveness of Big Ox products and/or each claim or statement comparing the effectiveness of Big Ox products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Disclaimer, Limitation of Liability and Indemnity:
Denial of Access:
Our Customer Service Specialists are ready to assist you and address your concerns. If you have any questions or concerns regarding how Big ox manages, accesses or uses your personal information, please write us at ...
In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products purchased from Big Ox through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to: Big Ox O2, General Counsel, 583 Ridge Road, Watchung, NJ 07069. You agree that the arbitration will be conducted by either the American Arbitration Association ('AAA'), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services ('JAMS'), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's or JAMS' applicable rules. Big Ox will not seek attorneys' fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in the county where you live or at another mutually agreed location.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BIG OX WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Site Policies, Modification and Severability: