Terms & Conditions
- Your Consent and Use of the Site
- Third Party Links
- Termination and Denial of Access
- Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
- Site Contents and Intellectual Property Rights
- Release and Indemnification
- Prohibited Uses
- Modifications to the Site or Services
- Disclaimer of Warranties and Limitation of Liabilities
- Complaints or Concerns
- Choice of Law, Arbitration, and Venue
- Cancelation Policy
We may from time to time change or modify the terms and conditions that govern your use of our Site and Services and this Agreement. Your use of our Site and Services following any such change constitutes your agreement to follow, and be bound by, the terms and conditions as changed. Big Country may terminate your right to, and deny you access to, this Site, or remove any material you may have posted on the Site, if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Big Country undertakes no obligation to police, supervise, or monitor materials posted to this Site by you or other third parties.
Use of this Site is limited to persons over the age of thirteen (13). This Site is not directed to children under 13 years old. The policy of Big Country, as the operator of this Site, is NOT to knowingly collect any personal information from children under 13, including "individually identifiable information," as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you must leave the Site without providing any information about yourself. Any access to, or use of, this Site or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using this Site and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site, Services and this Agreement. By using the Site and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Q: Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
Your submission of such information and material shall further constitute an assignment to Big Country of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation. By posting content to any public area of the Site, you automatically grant and represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site and Services (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Big Country Auto Accessories or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Site are granted to you under any circumstances and Big Country reserves and retains all intellectual property rights in, and to, the Site and its Contents. Linking or framing to this Site, or any of its Contents, is prohibited without the prior written permission of Big Country.
Except as expressly noted herein, 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 or copying (including electronic copying or downloading) of the Site and Contents without Big Country's express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Site or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO, OR OTHERWISE INTERACT WITH, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE BIG COUNTRY AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH, SUCH DISPUTE AND/OR YOUR USE OF THE SITE AND/OR SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BIG COUNTRY, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE, THE SITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER, USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU, OR ON YOUR BEHALF, OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
WITH THE EXCEPTION OF THE LIMITED AND EXPRESS WARRANTIES SET FORTH IN OUR PRODUCT WARRANTY POLICY, ALL USE OF THIS SITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN, OR PROVIDED AT, OR PURCHASED FROM, THIS SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED IN, OR PROVIDED AT, THIS SITE, IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR SITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THIS SITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN, OR REFERENCED AT, THIS SITE. LIKEWISE, BIG COUNTRY DOES NOT WARRANT THE ACCURACY OF THIRD-PARTY CONTENT CONTAINED WITHIN, OR REFERRED TO AT, THIS SITE, INCLUDING REFERENCE BY ANY LINKS TO THIRD-PARTY WEBSITES. BIG COUNTRY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
UNDER NO CIRCUMSTANCES SHALL BIG COUNTRY OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF BIG COUNTRY FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS SITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT, OR FROM, THIS SITE, OR OTHERWISE RELATING TO YOUR USE OF THIS SITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO BIG COUNTRY FOR USE OF THIS SITE, PRODUCTS OR SERVICES.
This Agreement and any claim or controversy relating to or arising from the use of this Site or Services, including, but not limited to, any purchases or other transactions made or entered into at this Site, any information, content, products, services or promotions herein contained or provided from this Site, or any functionality, software, or programming contained or provided at, or from, this Site (hereafter, "Claims"), shall be governed by the laws of the State of Texas without regard to principles of conflicts of law and, as applicable, the laws of the United States of America. All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of our choice located in Texas. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award shall be conducted in the Superior Court of the State of Texas, in and for the County of Webb or, where applicable, the federal District Court sitting in the County of Webb, State of Texas. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Webb County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE SITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Last Updated: October 2021