Terms of Use

1. RESTRICTION ON USE

The content and information displayed on this Web Site is the property of Thinking Big. You may view and download the materials at this Web Site only for your personal, non-commercial 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 available on the Web Site. When using the content of the Web Site you may not in any way imply that you are affiliated with Thinking Big. The downloading, reproduction, or retransmission of the content on the Web Site, other than for non-commercial individual use, is strictly prohibited.

2. LINKS TO THINKING BIG WEB SITE

If you would like to link to the Thinking Big Web Site, you must comply with the following guidelines:

• Your site must not present false information about Thinking Big products or services.
• Do not present the link to the Thinking Big Web Site in any way suggests that Thinking Big has any relationship or affiliation with your site or endorses your site, products or services.

3. LINKS FROM THINKING BIG WEB SITE

Thinking Big expressly disclaims any liability for the content of other web sites that may be accessed through links on this Web Site.

4. INTELLECTUAL PROPERTY RIGHTS

This Web Site, all content on it, and all materials downloadable from this Web Site are owned by Thinking Big and its licensors and are protected by copyright and other intellectual property laws and international treaties.

5. WARRANTIES AND LIMITATION OF LIABILITY; TERMINATION

The Thinking Big web site and all content within is provided on an “as is” and “as available” basis without any 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. In no event shall Thinking Big be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available on this Web Site. Your sole and exclusive remedy shall be for you to discontinue your use of the Web Site. Any material downloaded or otherwise obtained through this Web Site is done at your own risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or use of any such material. Thinking Big shall not be liable for any damages or injury resulting from your access to, or inability to access, this Web Site, or from any virus, bugs, tampering, omission, interruption, deletion, defect, delay, computer line failure, or any other technical malfunction related to this Web Site.

6. PRIVACY AND INFORMATION

We believe the privacy of all our users is important. Please review our privacy policy relating to the collection and use of your personal information.

7. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Thinking Big Designated Agent, as follows: Name of Agent Designated to Receive Notification of Claimed Infringement: Full Address of Designated Agent to Which Notification Should be Sent: Telephone Number of Designated Agent: Facsimile Number of Designated Agent: Email Address of Designated Agent: To be effective, the Notification must include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 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 permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. GENERAL

Thinking Big reserves the right to change or amend these Terms of Use at any time without prior notice. Any rights not expressly granted herein are reserved.

These Terms of Use shall be governed by the laws of Canada, without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. For questions regarding these Terms of Use please e-mail Thinking Big at [email protected].