Terms of Use

AGREEMENT BETWEEN USER AND Big Oak Products

The Big Oak Products websites are comprised of various web pages operated by Big Oak Products (www.bigoakproducts.com or other sites under the operation and control of Big Oak Products).

The Big Oak Products websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of the Big Oak Products websites constitutes your agreement to all such terms, conditions, and notices.
This Agreement forms a legally binding contract between you and us. By using or visiting any of the Services, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide by and comply with this Agreement.  If you access our Services from a foreign country or are a resident of a foreign country, you understand, acknowledge and agree that our Services are exclusively governed by the laws of the United States of America. You also agree to waive any claims of non-compliance that may arise under your own national laws.
PLEASE DO NOT USE OUR SERVICES IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS – YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ONCE YOU ARE ON OUR SERVICES THIS AGREEMENT APPLIES.
MODIFICATION OF THESE TERMS OF USE

Big Oak Products reserves the right to change the terms, conditions, and notices under which, the Big Oak Products website is offered, including but not limited to the charges associated with the use of the Big Oak Products website.

LINKS TO THIRD PARTY SITES

The Big Oak Products websites may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Big Oak Products and Big Oak Products is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Big Oak Products is not responsible for webcasting or any other form of transmission received from any Linked Site.  Big Oak Products is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Big Oak Products of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Big Oak Products websites, you warrant to Big Oak Products that you will not use the Big Oak Products websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Big Oak Products websites in any manner which could damage, disable, overburden, or impair the Big Oak Products website or interfere with any other party’s use and enjoyment of the Big Oak Products websites.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Big Oak Products websites.

USE OF COMMUNICATION SERVICES

The Big Oak Products websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.  By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Big Oak Products has no obligation to monitor the Communication Services.  However, Big Oak Products reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  Big Oak Products reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Big Oak Products reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Big Oak Products’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  Big Oak Products does not control or endorse the content, messages or information found in any Communication Service and, therefore, Big Oak Products specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized Big Oak Products spokespersons, and their views do not necessarily reflect those of Big Oak Products.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Big Oak Products OR POSTED AT ANY Big Oak Products WEBSITE

Big Oak Products does not claim ownership of the materials you provide to Big Oak Products (including feedback and suggestions) or post, upload, input or submit to any Big Oak Products websites or its associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission you are granting Big Oak Products, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.  Big Oak Products is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Big Oak Products sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Big Oak Products WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  Big Oak Products AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Big Oak Products WEBSITES AT ANY TIME.  ADVICE RECEIVED VIA THE Big Oak Products WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Big Oak Products AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Big Oak Products WEBSITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  Big Oak Products AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Big Oak Products AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Big Oak Products WEBSITES, WITH THE DELAY OR INABILITY TO USE THE Big Oak Products WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Big Oak Products WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE Big Oak Products WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Big Oak Products OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Big Oak Products WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Big Oak Products WEBSITES.
Warranty Disclaimer. WE REALLY HOPE YOU ENJOY OUR PRODUCTS AND SERVICES AND WE ALSO HOPE THE SERVICES WILL FUNCTION PROPERLY.  HOWEVER, YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR ACCESSING OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Big Oak Products AFFILIATES, AND THE MEMBERS, OWNERS,  EMPLOYEES, ADVERTISERS, OPERATIONAL SERVICE PROVIDERS, REPRESENTATIVES, OR SUCCESSORS AND ASSIGNS OF EACH, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, AND ASSUMES TO THE MAXIMUM EXTENT PERMITTED BY LAW NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION THAT IS NOT SUBMITTED USING A SECURED TRANSMISSION; (D) INTERRUPTION OR THE CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (F) ERRORS OR OMISSIONS ON OUR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, NOR DO WE WARRANT, ENDORSE, OR GUARANTEE THAT OUR SERVICES, OR ANY ASPECT OF OUR SERVICES INCLUDING SOFTWARE OR APPLICATIONS, ARE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE. ADDITIONALLY, WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SERVICE CONTACT: jim@bigoakproducts.com

TERMINATION/ACCESS RESTRICTION

Big Oak Products reserves the right, in its sole discretion, to terminate your access to the Big Oak Products websites and the related services or any portion thereof at any time, without notice.  GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Ozaukee County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of the Big Oak Products websites.  Use of the Big Oak Products websites are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Big Oak Products as a result of this agreement or use of the Big Oak Products websites.  Big Oak Products’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Big Oak Products’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Big Oak Products websites or information provided to or gathered by Big Oak Products with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.  Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Big Oak Products with respect to the Big Oak Products websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Big Oak Products with respect to the Big Oak Products websites.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the Big Oak Products website are: Copyright 2012 by Big Oak Products and Shay Jay, LLC and/or its suppliers.  All rights reserved.

Everything on or used in connection with our Services, including but not limited to text, images, graphics, photographs, logos, audio and video content, software including the selection, composition and arrangement of such content  with the exception of User Generated Content is owned by us, licensors, vendors or suppliers that provide or perform services on our behalf, to help serve you better and to perform functions in order to support our businesses and operations , or advertisers, sponsors or promotional partners. This means that you cannot use the content without permission.
Here’s what permission you do have to use the content. You may only use the content online for purposes of visiting and using our services, and only for your own personal, non-commercial use. This means that you may not download any of our content, give copies to your friends, display the content publicly, or charge anything for it (these are only meant to be examples and are not an exhaustive list of things you can’t do with our content). Also, you may not use (or encourage someone else to use) the content to construct any kind of database, create or provide content for your own website or mobile device, or post our content on any Facebook page, Twitter account or any other social network platform or third party website unless we provide our permission through “Like” and “Share” buttons or via similar sharing mechanisms, or by written consent.  Big Oak Products Affiliates, our licensors, operational service providers, and advertisers retain exclusive rights in any content that are not expressly provided to you in this Agreement.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

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 under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Your Copyrighted Work and DMCA Notice of Infringement.
Just as we require Users to respect our copyrights, and those of Big Oak Products affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced or posted on our services without authorization in a way that constitutes copyright infringement, please see our Privacy Policy for instructions on how to notify our Designated Agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)) or to submit a counter-notification.