Last Modified, March 24, 2017
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE, AND ANY OF ITS PAGES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS OF USE AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE IMMEDIATELY.
Welcome to voicebig.com. The voicebig.com website (the “Site”) is comprised of various web pages operated by Voice Big, LLC (“Voice Big, LLC”). Voicebig.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of voicebig.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
Use of Website
Voice Big, LLC reserves the right to refuse you access to this Site or any of our resources or suspend your access at any time for any reason in our sole discretion. If we become aware that you have been using the Site in an unauthorized way, we may block or suspend your access to the Site and may pursue any and all legal claims against you for such unauthorized use.
You agree to indemnify and hold us harmless from any liability, loss, claim and expense including attorney’s fees, related to your violation of these Terms or your use of the services, products, or information made available through the Site.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, the liability, indemnification, arbitration, and jurisdiction sections contained herein below.
The following uses of the Site — along with all other prohibited or unauthorized uses of this Site and its services as outlined in these Terms — are expressly unauthorized, prohibited, and forbidden:
- Gathering, monitoring, or copying any content on this Site by using any crawler, spyware, engine, robot, “bot,” spider, device, extraction tool, software, or any other utility, automatic device, or manual process of any kind without our express permission.
- Attempting to circumvent Site security in any way, hacking or attempting to breach any part of the website, including the content management system and source code, and/or posting any unauthorized material to the pages of the Site or the databases that power it.
- Uploading or submitting any data or information containing viruses, trojans, worms, malware, or any other computer code, corrupt file, or program designed to interfere with this Site or its use, or the use of any software, hardware, networks, servers or other equipment.
- Submitting any content in such a volume as to disrupt use of this Site or submitting any text or files that may interfere with the performance of this Site in any way.
- Attempting to use this Site for any purposes other than those intended by Voice Big, LLC, as determined in our sole discretion.
Voice Big, LLC reserves the right to modify or terminate this Site or any service available on this Site, any link, platform, widget or feature used by this Site, and your access to this Site, in whole or in part, at any time whatsoever.
Modification of Site Policies
Visiting voicebig.com or sending emails to Voice Big, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Voice Big, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Voice Big, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links, Social Media Features, and Widgets
Use of Third Party Sites and Organizations
Certain services made available via voicebig.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the voicebig.com domain, you hereby acknowledge and consent that Voice Big, LLC may share such information and data with any third party with whom Voice Big, LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of voicebig.com users and customers.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software or code used on or as part of the Site, is the property of Voice Big, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Conditions of User Non-Exclusive, Non-Transferable, Revocable License
You are granted a non-exclusive, non-transferable, revocable license to access and use voicebig.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Voice Big, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Voice Big, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Voice Big, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Voice Big, LLC does not grant you any licenses, express or implied, to the intellectual property of Voice Big, LLC or our licensors except as expressly authorized by these Terms.
Voice Big, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Use of Communication Services
The Site 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 or electronic device; 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.
Voice Big, LLC has no obligation to monitor the Communication Services. However, Voice Big, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Voice Big, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Voice Big, LLC 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 Voice Big, LLC’s sole discretion.
Always use caution when giving out any personally identifying information in any Communication Service. Voice Big, LLC does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Voice Big, LLC 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 Voice Big, LLC spokespersons, and their views do not necessarily reflect those of Voice Big, LLC.
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 upload the materials.
Materials Provided to Voicebig.com or Posted on any Voice Big, LLC Web Page
Voice Big, LLC does not claim ownership of the materials you provide to voicebig.com (including feedback and suggestions) or post, upload, input or submit to any Voice Big, LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Voice Big, LLC, our affiliated companies and contractors, and necessary sublicensees 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. Voice Big, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Voice Big, LLC’s 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 Submission.
Third Party Accounts
You will be able to connect your Voice Big, LLC account to third party accounts. By connecting your Voice Big, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by Voice Big, LLC from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Voice Big, LLC Content accessed through voicebig.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VOICE BIG, LLC, ITS SUPPLIERS, AND ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VOICE BIG, LLC, ITS SUPPLIERS, AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE 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. VOICE BIG, LLC, ITS SUPPLIERS, AND ITS AFFILIATES 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 VOICE BIG, LLC, ITS SUPPLIERS, AND ITS AFFILIATES 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VOICE BIG, LLC, ITS SUPPLIERS, AND ITS AFFILIATES HAVE 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 SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify, defend and hold harmless Voice Big, LLC, its suppliers, affiliates, contractors, and partners, and all owners, managers, members, officers, directors, employees, agents, and third parties of or affiliated with Voice Big, LLC and its suppliers, affiliates, contractors, and partners for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Voice Big, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Voice Big, LLC in asserting any available defenses.
ARBITRATION FOR DISPUTES
PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU EXERCISE THE RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION, PROVIDED THAT EITHER YOU OR WE MAY BRING A CLAIM IN SMALL CLAIMS COURT. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND VOICE BIG, LLC AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.
Agreement to Arbitrate. You and we agree that any Dispute, except as provided below, will be resolved by arbitration. This arbitration agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C.S. § 1 et seq. and the substantive law of the State of South Dakota (without applying its choice-of-law rules).
Arbitration Defined. “Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present or future), based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability or scope of this arbitration agreement. For purposes of this arbitration provision, the terms “you” and “your” include your heirs, guardian, personal representative or trustee in bankruptcy. The terms “we,” “our,” and “us” include voicebig.com, Voice Big, LLC and our employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors and assigns, as well as our marketing, servicing and collection representatives and agents.
Choice of Arbitrator. The party filing an arbitration must choose either of the following arbitration firms for initiating and pursuing an arbitration: the American Arbitration Association or JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.). If you claim you have a Dispute with us, but you do not initiate an arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:
American Arbitration Association
335 Madison Avenue, Floor 10
New York, NY 10017-4605
1920 Main Street, Suite 300
Irvine, CA 92614
The policies and procedures of the selected arbitration firm will apply provided that these are consistent with this arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this agreement will apply. If neither arbitration firm listed in this arbitration agreement is available to resolve the Dispute, you and we may each select a local arbitrator. The local arbitrators selected by you and us shall then agree upon the selection of another arbitrator who will hear and resolve the Dispute. The arbitrator selected to resolve the Dispute must be an attorney with at least 10 years of experience, retired judge, or arbitrator registered and in good standing with an arbitration association and arbitrate pursuant to such arbitrator’s rules applicable to consumer disputes. Notwithstanding the foregoing, no party or local arbitrator may select an arbitrator who refuses to enforce an arbitration agreement containing a class-action waiver, because you and we have in this arbitration agreement waived any right to arbitrate a dispute on a class-action, representative-action, or consolidated basis.
What Arbitration Costs. If you initiate the arbitration, you will be responsible for all of your filing fees and other costs or fees. If you cannot afford to pay, we may pay this in our discretion. If we initiate the arbitration, we will pay the filing fee and any costs or fees charged by the arbitrator. Unless prohibited by law, the arbitrator may award fees, costs and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.
Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted in Sioux Falls, South Dakota.
Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party, except that you and we agree that the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving the individual disputes between you and us. The validity, effect, and enforce-ability of this waiver of class action lawsuit and class-wide arbitration are to be determined solely by a court of competent jurisdiction and not by the arbitration firm or arbitrator. If the court, or an arbitration firm or arbitrator, refuses to enforce the class-wide arbitration waiver or otherwise refuses to enforce this arbitration agreement, you and we agree that the Dispute will proceed in court and will be decided by a judge, sitting without a jury, under applicable court rules and procedures.
Small Claims Court. Notwithstanding any other provisions of these terms and conditions, including any provision of this arbitration agreement, all parties, including related third parties, shall retain the right to seek adjudication in a small claims court for disputes within the scope of such court’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims court, shall be resolved by binding arbitration. Any appeal of a judgment from a small claims court shall be resolved by binding arbitration de novo (i.e., upon a fresh review of the facts.)
Applicable Law and Judicial Review. The arbitrator will apply applicable federal and South Dakota substantive law and the terms of this arbitration agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator will make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award will be supported by substantial evidence and must be consistent with this arbitration agreement and applicable law or may be set aside by a court upon judicial review. Either party may seek judicial review of the arbitrator’s decision according to applicable law.
Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Voice Big, LLC agree otherwise, 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.
Other Provisions. This arbitration provision will survive: (i) termination or changes in the voicebig.com Terms, including this arbitration agreement, or the relationship between you and Voice Big, LLC concerning this Site; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your voicebig.com membership to any other person or entity.
Governing Law, Venue and Jurisdiction
In the event any Dispute is not subject to arbitration, you consent to be subject to the jurisdiction and venue of the Circuit Court located in Grant County, South Dakota, and agree that such court shall be the sole and exclusive jurisdiction and venue of all Disputes that are not subject to arbitration.
No Agency, Joint Venture, Employment, or Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Voice Big, LLC as a result of this agreement or use of the Site. You agree that Voice Big, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Voice Big, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Voice Big, LLC with respect to such use.
If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason whatsoever, that provision shall be severed and the rest of these Terms shall remain valid and in full force and effect, and a provision as similar in terms as may be valid and enforceable shall be used in lieu of such provision. Voice Big, LLC’s failure to exercise or enforce any right or provisions of these Terms shall not constitute a waiver of such right or provision.
Entire Agreement and Headings
Unless otherwise specified herein, these Terms reflect the entire agreement between you and Voice Big, LLC about access to this Site or use of this Site and supersede and replace all prior or contemporaneous understandings or agreements of any type regarding this subject matter. Notwithstanding the foregoing, any additional terms and conditions provided with any service or product you obtain through the Site will also govern your use of that service or product. The headings in this agreement are provided solely for your convenience and have no legal or contractual effect. 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 written in English.
How to Contact Us
If you have any questions about these Terms, or if you want to opt out of any future communications from us, please contact us as follows:
Voice Big, LLC
PO Box 826
Summit, South Dakota 57266