www.thebigprintcompany.com IS OWNED AND OPERATED BY The Big Print Company, LLC. BY VISITING, USING AND/OR REGISTERING WITH www.thebigprintcompany.com ("SITE"), YOU (REFERRED TO HEREAFTER AS "YOU", "YOUR" OR "USER") AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS & CONDITIONS" or “TERMS”). PLEASE READ AND CAREFULLY REVIEW THESE TERMS & CONDITIONS, AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DIGITAL ROOM LLC (TOGETHER WITH ITS AFFILIATES HEREAFTER ALSO REFERRED TO BY THE BRAND NAME OF THIS SITE, “www.thebigprintcompany.com” AS WELL AS "WE", "US", OR "OUR") AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. YOU SHOULD PAY ATTENTION TO THE ARBITRATION PROVISION SET FORTH BELOW WHICH, EXCEPT AND TO THE EXTENT PROHIBITED BY LAW, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST DIGITAL ROOM LLC. OR ITS AFFILIATES ON AN INDIVIDUAL BASIS, RATHER THAN RESOLVING DISPUTES BY JURY TRIALS OR CLASS ACTIONS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, PLEASE DO NOT USE THE SITE OR ANY SERVICES OFFERED OR ACCESSED THROUGH THE SITE. IF YOU (OR THE BUSINESS ENTITY WHOM YOU REPRESENT OR ARE ACTING ON BEHALF) HAVE A SEPARATE AGREEMENT WITH, www.thebigprintcompany.com, THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS & CONDITIONS.
- Copyright Notice. You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of The Big Print Company, its licensees, and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Except where expressly provided otherwise by us, nothing made available to users via the Site may be construed to confer any license or ownership right in or materials published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms & Conditions are expressly reserved by us.
- Corporate Identification and Trademarks. "The Big Print Company" and any and all other marks appearing on this Site are trademarks of Digital Room, LLC. in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Digital Room, LLC.'s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. Digital Room, LLC. prohibits the use of Trademarks as a "hot" link on, or to, any other website unless establishment of such a link is pre-approved by Digital Room, LLC. in writing.
- User Conduct & Eligibility. You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
As a condition of your use of certain services offered through the Site, you may be required to register an account with us and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.) You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
Account Security: You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
Minimum Age. The Site and its services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or its service by anyone under 18 years of age is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 years old or older.
- We expressly reserve the right, in our sole discretion, to terminate a User's access to any or all areas of the Site due to any act that would constitute a violation of these Terms & Conditions.Use Restrictions. You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by The Big Print Company. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without The Big Print Company's prior written consent is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms & Conditions:Collecting information about the Site or users of the Site without our written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent.
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
Accessing or using the Site for competitive purposes;
Disguising the origin of information transmitted to, from, or through the Site.
Impersonating another person;
Distributing viruses or other harmful computer code;
Allowing any other person or entity to impersonate you to access or use the Site;
Using the Site for any purpose in violation of local, state, national, international laws
Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.
- Linking to the Site. Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
- Copyright. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials appearing on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (d) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Optional Tools. We may provide you with access to third-party tools which we are under no obligation to control, monitor, correct or to provide, make available, support or ensure the continued availability of such third-party tools. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranty of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. The third-party service provider is solely responsible for the performance of its third-party tools, as well as for any claims or warranties in relation to it.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.
- Links to Third-Party Websites. From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
- Privacy. You confirm that you have read, understood and agree to the The Big Print Company Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by The Big Print Company, its affiliates, third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the The Big Print Company Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by The Big Print Company in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).
- DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The Big Print Company DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
- LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIGITAL ROOM, LLC. - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR PRODUCTS OR SERVICES SOLD THEREON OR FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM The Big Print Company, WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO The Big Print Company FOR THE REQUEST.
- Indemnification. You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, (E) any image or content being reproduced as part of your order; (F) any alleged or actual infringement, misappropriation or violation of intellectual property rights by any image, content or other materials provided by You in connection with the Site, and (G) circumstances where user uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in The Big Print Company's sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the user or user's employees which may occur as a result of any mailing service including mailing list rentals. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
- Third Parties. If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms & Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto. The Big Print Company may sublicense the rights that you grant it in this Section to a third-party subcontractor only for purposes of operating the Site, providing the product and services, processing your order, and producing and shipping your products.
- User Social Media Content License. The Big Print Company may reach out to social media users to seek their permission to feature our favorite social media content including photos, text, graphics, audio, video, location information, comments and other materials from such social media sites (“User Social Media Content”) on our Site and promotional materials. If you choose to allow us to use your User Social Media Content, you agree to the following User content license:
You hereby grant to The Big Print Company a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Social Media Content including photos, text, graphics, audio, video, location information, comments and other materials from social media sites in any manner to be determined in The Big Print Company discretion, including but not limited to on webpages and social media pages operated by The Big Print Company, e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Big Print Company may use, display, produce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Social Media Content in any manner in our sole discretion, with no obligation to you whatsoever.
You grant The Big Print Company the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Social Media Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Social Media Content, (ii) you own all rights in and to your User Social Media Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Social Media Content, (iii) you are not a minor, (iv) The Big Print Company’s use of your User Social Media Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Social Media Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You acknowledge and agree that You will make no monetary or other claim against The Big Print Company for the use of the User Social Media Content. You waive the right of prior approval for the use of the User Social Media Content. You acknowledge and release The Big Print Company and its assigns, licensees, and successors from all claims that may arise regarding the use of the User Social Media Content including, but not limited to, any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. The Big Print Company is permitted though not obligated, to include your name as a credit in connection with the use of the User Social Media Content.
- User Comments, Feedback and Other Submissions. All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of The Big Print Company. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
- Termination. The Big Print Company reserves the right to terminate your account and access to the Site and its services at any time. Termination by The Big Print Company may include removal of access to the service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site..
- Amendments to Terms & Conditions. The Big Print Company reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms & Conditions at any time. You agree that we may modify the Terms & Conditions and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.
- Changes to the Site. We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that The Big Print Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
- Miscellaneous. The captions in these Terms & Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms & Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms & Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms & Conditions, and the remainder of the Terms & Conditions shall continue in full force and effect. The failure by either you or The Big Print Company to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms & Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms & Conditions regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms & Conditions.
- Entire Agreement. These Terms & Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
- Governing Law & Exclusive Venue for Disputes Not Subject to Arbitration. The internal laws of the State of California shall govern the performance of these Terms & Conditions, without regard to such state's conflicts of laws principles. To the extent any claim, cause of action, or request for relief is not subject to arbitration as described below, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Los Angeles in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Notice for Users in California Only. This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
- Dispute Resolution and Binding Arbitration. Please read this section carefully. It affects your rights.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, PURCHASE FROM The Big Print Company, OR THE SALE OF PRODUCTS OR SERVICES BY The Big Print Company, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. This arbitration provision shall survive termination of these Terms & Conditions and the termination of your The Big Print Company account.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- Notices. Except as explicitly stated otherwise, any notices shall be given by email to The Big Print Company at [email protected] or to you at the email address you provide to The Big Print Company. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
- How do I contact The Big Print Company?
Our website postal address:
The Big Print Company
507 S Spring St
Fulton, MS 38843
E-mail Address: [email protected] or by telephone at 1-662-409-2077.