Terms of Use

Effective Date of Current Version: [5/14/2025]

YOU SHOULD READ THESE TERMS CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS. THESE TERMS ARE A LEGALLY-BINDING AGREEMENT THAT CONTAINS IMPORTANT TERMS THAT ARE BINDING ON YOU, INCLUDING YOUR AGREEMENT TO ARBITRATE DISPUTES, YOUR PROMISE TO INDEMNIFY US FOR CERTAIN HARMS, YOUR CONSENT TO PERSONAL JURISDICTION IN THE STATE OF GEORGIA, U.S.A., YOUR RELEASE OF CERTAIN CLAIMS AND LIABILITIES AGAINST US, AND YOUR WAIVER OF YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AGAINST US.

Acceptance of the Terms
These BIG Website Terms of Use (including all of our other terms and policies referenced herein, these “Website Terms”) constitute a legal agreement between you and Bunnell Idea Group, Inc. (“BIG”, “we”, “us”, or “our”), regardless of your corporate form or if you are an individual, and it governs your access to and use of our website located at www.bunnellideagroup.com (including any content and/or functionality offered or made available on or through such website) (the “Website”), whether your access or use is as a guest or as a registered user.

This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with BIG and meet all of the foregoing eligibility requirements.

BY USING THE WEBSITE (OR BY CLICKING TO INDICATE THAT YOU ACCEPT OR AGREE TO THE WEBSITE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU), YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE WEBSITE TERMS, WHICH INCLUDE OUR PRIVACY POLICY AND ANY “ADDITIONAL TERMS” (DESCRIBED BELOW), EACH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS OR IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT WITH US, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Changes to the Website Terms
We may revise and update these Website Terms from time to time in our sole discretion. In such case, we will provide notice of such changes (either on the Website or to the contact information you have given us through the Website). Changes become effective when posted (unless we specify a different, later effective date), and apply on a prospective basis only to all access to and use of the Website thereafter. For purposes of certainty, however, any changes to the Section titled “GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION” will not apply to any disputes of which the parties have actual notice on or before the date the change becomes effective.

Your continued use of the Website following the effective date of revised Website Terms means that you accept and agree to the changes.

Additional Terms
From time to time, additional terms may apply to certain content or functionality offered or made available on or through the Website, and you may be required to agree separately to these additional terms before accessing or using such content or functionality. These additional terms do not replace these Website Terms; instead, these additional terms become part of these Website Terms and are governed by, and subject to, the Website Terms. However, in the event of any conflict between these Website Terms and such additional terms, the additional terms will control, but only with respect to the content or functionality that is the subject of such additional terms.

Accessing the Website and Account Security
We reserve the right to discontinue, withdraw, or amend this Website, and any content and/or functionality we offer or make available on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

making all arrangements necessary for you to have access to and use the Website (for example, necessary computer equipment and software, and an internet connection), and
ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is kept correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, information you provide through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our account or security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security affecting your username or password or the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Website Terms.

Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BIG, its licensors, or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Website Terms permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of our Website or any content or functionality offered or made available on or through the Website, except where we have specifically given permission to do so in these Website Terms or otherwise in writing (including where we may give such permission directly on the Website).

For content that we make available for you to print or download, you may make one copy for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide “sharing to social media” or similar social media features with given content or functionality, you may take such actions as are enabled by such features.

You must not, without our prior permission in writing:

modify, or create or use excerpts from, copies of any content offered or made available on or through the Website; or
delete or alter any copyright, trademark, or other proprietary rights notices from copies of content offered or made available on or through the Website.

You must not access or use for any commercial purposes any part of the Website or any content offered or made available on or through the Website. If you wish to make any use of such content other than that set out in this section, please address your request to: contact@bunnellideagroup.com.

If you use or provide any other person with access to any part of the Website or content in breach of the Website Terms, your right to use the Website and any content will stop immediately and you must, at our option, return or destroy any copies of the content you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BIG. Any use of the Website not expressly permitted by these Website Terms is a breach of these Website Terms and may violate copyright, trademark, and other laws.

Trademarks
The BIG name, the BIG logo, GROWBIG®, and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of BIG or its affiliates. You must not use such marks without the prior written permission of BIG. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses, Activities, or Materials

You may use the Website only for lawful purposes and in accordance with these Website Terms. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation, and to not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm BIG or users of the Website, or expose us or them to liability.

Without limiting anything else in these Website Terms, you agree not to:

use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the content on the Website.
use any manual process to monitor or copy any of the content on the Website, or for any other purpose not expressly authorized in these Website Terms, without our prior written consent; or
attempt to gain unauthorized access to, interfere with, damage, disrupt, or impair the security of any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, or otherwise attempt to interfere with the proper working of the Website.

We reserve the right to, at any time, suspend or terminate your account or your use of the Website, or refuse, delete, remove or disable access to any information or materials (including your User Content as defined elsewhere in these Website Terms), without any liability to you, where required by applicable law, rule or regulation, or if we determine that it does not comply (or that you are not complying) in all respects with these Website Terms, or if we determine, in our sole discretion, that the information or materials is unacceptable to us or could lead to liability on our part to any third party. Without limiting any other term in these Website Terms, you specifically agree that you will not use the Website or any content or functionality offered or made available on or through the Website in connection with any activities, or provide us with any information, or materials (including your User Content as defined elsewhere in these Website Terms), that meets any of the following criteria, as determined in our sole discretion:

is defamatory, harassing, indecent, obscene, offensive, false or misleading, threatening, abusive, invasive of privacy or hateful;
promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age;
does not comply (or whose processing, storage, transmission, receipt, offering, sale, import, export or transport does not comply) with all applicable laws, rules and regulations, promotes any illegal activity, or advocates, promotes or assists any unlawful act;
misrepresents your identity or your affiliation with or endorsement by any person or organization (including BIG);
infringes or violates (or may be alleged to infringe or violate) any right of a third party (including intellectual property rights, contract rights, or privacy, publicity or other personal rights);
is subject to, or would subject us to, data privacy, import/export or other legal obligations or regulations anywhere in the world with respect to such information or material or any goods or services to which such information relates; or
is confidential or proprietary to a third party (unless you can demonstrate to our satisfaction that you have obtained all necessary rights and consents to provide the same to us and to grant us the rights described under “User Content” below).

User Content
The Website may, currently or in the future, contain or provide interactive features or functionalities (collectively, “Interactive Services”) that allow users to submit, post, publish, display, or transmit content (including without limitation queries or other requests for information) (collectively, “User Content”) to the Website, to BIG, or to other users or other persons on or through the Website.

All User Content that you provide to us to or through the Website must comply with these Website Terms.

You agree that any User Content that you provide to us to or through the Website will be considered non-confidential. By providing any User Content to us to or through the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual, irrevocable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such content for any purpose (subject to the Website Terms and any applicable terms of our Privacy Policy This license you give us will survive any termination of these Website Terms.

You represent and warrant that:

you own or control all rights in and to your User Content and have the right to grant the licenses described above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
all of your User Content does and will comply with these Website Terms.

You understand and acknowledge that you are responsible for any User Content you provide to us to or through the Website, and you, not BIG, have full responsibility for such User Content, including its legality, reliability, accuracy, completeness, and appropriateness.

We are not responsible for, and you agree we will not be liable to you or to any third party for, the content or accuracy of any User Content provided by you or any other user of the Website.

Monitoring and Enforcement; Termination
We have the rights to:

remove or refuse to post any User Content for any or no reason in our sole discretion;
take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Website Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for BIG;
disclose your identity or other information about you to any third party who claims that your User Content violates their rights, including their intellectual property rights or their right to privacy;
take appropriate legal action, including without limitation, referral to law enforcement, for any suspected illegal or unauthorized use of the Website; or
terminate or suspend your access to all or part of the Website for any violation of these Website Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through the Website. YOU WAIVE AND HOLD HARMLESS BIG AND ITS AFFILIATES, LICENSEES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, COURT ORDERS OR INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review User Content before it is posted on the Website and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. To the fullest extent allowed by applicable law, we will have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information
Any content or functionality offered or made available on or through the Website is made available solely for general information or entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of any content or functionality offered or made available on or through the Website, and we disclaim all liability and responsibility arising from any reliance you place on any such content or functionality. Any reliance you place on such content or functionality is strictly at your own risk.

This Website may include User Content and/or other content provided by third parties, including content provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by BIG, are solely the opinions and the responsibility of the person or entity providing those content. Content provided by third parties does not necessarily reflect the opinion of BIG. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the content on the Website may be out of date at any given time, and we are under no obligation to update such content.

Information About You and Your Visits to the Website
Information we collect from or about you on this Website is subject to our Privacy Policy. You represent to us that you have read the Privacy Policy and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes, if applicable, links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents, behavior, privacy practices, or data security of those other sites or resources and you agree that we will have no responsibility or liability for them or for any loss or damage that may arise out of or in connection with your use of them. If you decide to access any of the third-party websites or resources linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites or resources (including any applicable data privacy or security policies of such sites). Such third-party terms and conditions and policies are not part of these Website Terms between you and us.

Geographic Restrictions
The owner of the Website is based in the State of Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content or functionality is accessible or appropriate outside of the United States or is compliant with any laws, rules, or regulations of any jurisdiction or governmental authority outside the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website or any content and/or functionality we offer or make available on or through the Website from outside the United States, or if you provide any information to us through the Website from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with any applicable non-United States laws, rules, or regulations.

Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND ANY CONTENT AND FUNCTIONALITIES OFFERED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK, AND ALL OF THE FOREGOING ARE PROVIDED STRICTLY ON AN “AS IS”, “WITH ALL FLAWS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIG NOR ANY PERSON ASSOCIATED WITH BIG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT OR FUNCTIONALITIES OFFERED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BIG NOR ANYONE ASSOCIATED WITH BIG REPRESENTS OR WARRANTS THAT THE WEBSITE OR ANY CONTENT OR FUNCTIONALITIES OFFERED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, CONTENT, FUNCTIONALITIES OR THE COMPUTING FACILITIES THAT MAKE THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY CONTENT OR FUNCTIONALITIES OFFERED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BIG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BIG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, OR ANY CONTENT OR FUNCTIONALITIES OFFERED OR MADE AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless BIG, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Website Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website other than as expressly authorized in these Website Terms, or your use of any information obtained from or through the Website. However, this section does not require you to indemnify us against our own gross negligence or willful misconduct.

GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED. THIS SECTION AND ITS SUBSECTIONS WILL SURVIVE TERMINATION OF THESE WEBSITE TERMS FOR ANY REASON.

GOVERNING LAW. THESE WEBSITE TERMS WILL BE DEEMED TO HAVE BEEN MADE AND ENTERED INTO IN ATLANTA, GEORGIA, U.S.A. THESE WEBSITE TERMS AND ANY CLAIM, ACTION, SUIT, PROCEEDING OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH, OR RELATING IN ANY WAY TO, THESE WEBSITE TERMS OR YOUR USE OF THE WEBSITE (EACH A “DISPUTE” FOR PURPOSES OF THIS SECTION AND ITS SUBSECTIONS) WILL IN ALL RESPECTS BE GOVERNED BY, AND INTERPRETED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF THE STATE OF GEORGIA (EXCLUDING ITS PRINCIPLES REGARDING CONFLICTS OF LAWS) AND APPLICABLE FEDERAL LAWS OF THE UNITED STATES OF AMERICA.
AGREEMENT TO ARBITRATE. YOU AND WE AGREE THAT ANY DISPUTE (INCLUDING QUESTIONS OF ARBITRABILITY) WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AND ONLY SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
THE ARBITRATION WILL BE ADMINISTERED BY HENNING MEDIATION & ARBITRATION SERVICE, INC. (“HMA”) IN ACCORDANCE WITH ITS RULES. MORE INFORMATION ABOUT HMA AND ITS RULES CAN BE FOUND AT HENNINGMEDIATION.COM. THE ARBITRATION HEARING AND ALL PROCEEDINGS IN CONNECTION THEREWITH WILL TAKE PLACE IN ATLANTA, GEORGIA, U.S.A.; HOWEVER, EITHER YOU OR WE CAN CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE OR VIDEOCONFERENCE IF PERMITTED BY HMA’S RULES. THE ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR SELECTED BY YOU AND US FROM HMA’S PANEL OF ARBITRATORS, OR, IF YOU AND WE ARE UNABLE TO AGREE ON THE SELECTION, BY AN ARBITRATOR APPOINTED BY HMA. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON BOTH YOU AND US, AND ANY AWARD THEREON MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION, INCLUDING PURSUANT TO THE UNITED STATES CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (WHERE APPLICABLE). EACH OF YOU AND US WILL BEAR OUR OWN FEES AND EXPENSES OF ARBITRATION AND PARTICIPATING IN SUCH ARBITRATION, AND ALL FEES AND EXPENSES OF THE ARBITRATOR WILL BE DIVIDED EQUALLY BETWEEN YOU AND US, UNLESS OTHERWISE AGREED IN WRITING BY YOU AND US OR AWARDED BY THE ARBITRATOR.
THIS AGREEMENT TO ARBITRATE WILL NOT BE DEEMED TO PROHIBIT YOU OR US FROM APPLYING TO ANY COURT OF COMPETENT JURISDICTION, FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF ONLY, BUT ALL OTHER RELIEF SOUGHT, AND ALL OTHER DISPUTES, WILL REMAIN SUBJECT TO THIS AGREEMENT TO ARBITRATE.
WAIVER OF CLASS ACTION. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR RIGHTS TO BRING CLAIMS AGAINST THE OTHER AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. YOU AND WE AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
JUDICIAL FORUM FOR LEGAL DISPUTES; CONSENT TO JURISDICTION. IN THE EVENT THAT THE AGREEMENT TO ARBITRATE ABOVE IS FOUND NOT TO APPLY TO YOU OR TO A PARTICULAR DISPUTE AS A RESULT OF A DECISION BY THE ARBITRATOR OR A COURT ORDER, THEN, UNLESS YOU AND WE AGREE OTHERWISE, ANY DISPUTE THAT IS NOT SUBJECT TO THE AGREEMENT TO ARBITRATE MUST BE RESOLVED EXCLUSIVELY BY AND IN THE COURTS LOCATED IN FULTON COUNTY, GEORGIA OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION. EACH OF YOU AND US HEREBY IRREVOCABLY SUBMITS TO THE PERSONAL JURISDICTION AND EXCLUSIVE VENUE OF COURTS LOCATED IN FULTON COUNTY, GEORGIA OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION, FOR THE PURPOSE OF LITIGATING SUCH DISPUTES, AND EACH OF YOU AND US WAIVES LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS AS A DEFENSE. HOWEVER, THE TERMS OF THE SECTION TITLED “WAIVER OF CLASS ACTION” WILL CONTINUE TO APPLY TO SUCH LITIGATION.
LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THESE WEBSITE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by BIG of any term or condition set out in these Website Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BIG to assert a right or provision under these Website Terms shall not constitute a waiver of such right or provision.

If any provision of these Website Terms is held by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be ineffective only to the extent of such invalidity, illegality, or unenforceability so that the remainder of that provision and all remaining provisions of these Website Terms will be valid and enforceable to the fullest extent permitted by applicable law.

Entire Agreement
The Website Terms, including our Privacy Policy and any additional terms that may apply to certain content or functionality offered or made available on or through the Website, constitute the sole and entire agreement between you and BIG regarding the Website and such content or functionality, and these Website Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and/or such content or functionality.