Because I value transparency so much, I want to make sure you understand what rights and legal boundaries you have when visiting the site, buying workshops + product, and reading my materials both here on the site and via social media.
BY VISITING BIGTOUGHGIRL.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
Copyright © 2017 by Big Tough Girl, LLC. All rights reserved. Updated December 11, 2017.
The terms “we”, “us”, “our”, “Big Tough Girl™” and “BTG” refers to BigToughGirl.com or Big Tough Girl™, as operated by Big Tough Girl, LLC. The term the “Site” refers to BigToughGirl.com and all associated websites connected with BigToughGirl.com. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site.
Big Tough Girl, LLC provides a website where users can read articles and purchase online classes, workshops, retreats, subscriptions, and related physical and digital products (the “Service”).
Use of BigToughGirl.com, including all materials presented herein and all online services provided by BigToughGirl.com, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not agree to these terms, you should stop using the Site and Service immediately.
CHANGES TO TERMS
We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective no earlier than fourteen (14) days after such modified Terms are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.
The Lowdown: We are super stoked that you are using BigToughGirl.com! By using our site, you agree to our terms. We might change our Terms periodically and we will post the updates here. You’re responsible for keeping up to date.
Our Programs, Products, Services, and program materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or program materials participant or user, including you. Nothing on the Site or Service is considered medical, legal or financial advice.
The Lowdown: The information presented here should not take the place of advice from a licensed attorney, therapist, accountant, doctor or other professional. None of the information here is intended to diagnose or treat any illness or condition. While we may share opinions and advice through the site and its services, results may vary and you should contact a professional in the relevant field if you have questions or concerns.
USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Please review our Privacy Notice, which governs your use of our Service.
All content included in or made available through the Site or Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BTG or its content suppliers and protected by United States and international copyright laws. If you object to an image of yours appearing on the Site, please email use at firstname.lastname@example.org with a link to said image and it will be promptly removed.
Lowdown: Don’t steal or improperly use content that belongs to us or our users. We respect IP rights and you should, too. Not all sharing is caring.
LICENSE AND ACCESS
Subject to and in accordance with these Terms and other guidelines or instructions we include in the Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to make personal, non-commercial use of the Service, including any Courses purchased by you. Your purchase of any Course entitles you only to view that Course in accordance with the foregoing license, and is not a purchase of the software or content constituting or included in the Course. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right hereunder to view any Courses you’ve purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void. You may print out a single physical copy of any course materials you purchase for your personal use.
Lowdown: Please don’t steal any of our content and try to sell it as your own. These materials took time and money to produce and we can only continue providing value like this if people are honest in agreeing to purchase terms. If you buy a course, only you can view it. You can’t “share” a login or materials with someone else. We can end your ability to access materials if you violate these terms. You can’t copy any of these materials onto your website or social media channel -- whether you are selling them or not. You cannot use these materials in your marketing or at a workshop, seminar, class, talk or training without prior express written permission. Thanks for investing in YOU - now allow us to keep on doing that for others. If you obtained workshop material from anywhere other than Big Tough Girl™ via www.BigToughGirl.com, you have a pirated copy and we would appreciate you letting us know so we can take steps to address it.
SYNDICATION (OR, SHARING MY WORK ON YOUR SITE)
I DO sometimes allow my posts and articles to be syndicated.Please contact me about syndicating by emailing : email@example.com.
You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your username and password, or the username and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, "frame," "mirror," "in-line link" to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party's intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by us; (ix) post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United States or any foreign jurisdiction; or (xii) take any action that we determine in our sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service
Lowdown: Don’t share your login information, post porn and other obscene stuff, embed sketchy links, tread on others’ property rights, or generally be a jerk. Please use your best judgment.
THIRD PARTY CONTENT
The Service may include social functions that allow users and other third parties to upload content onto the Service. The Service may also contain links and references to other third party services, websites, applications, and materials. We have no ownership or control over such third party content. We make no representations or warranties regarding, and do not sponsor or endorse, any third party content available on the Service. You understand and agree that we have no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements.
Lowdown: Third party links may take you off of BigToughGirl.com. Most of those links lead to something awesome, but we are not responsible if they don’t. If you share information with those third party sites or services, we may also get access to that information.
We try to describe products as accurately as possible, however the Site or Serivce may not be entirely accurate, current, or error-free. We may correct errors in pricing and descriptions and reserve the right to refuse or cancel any order with an incorrect price listing. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please. We would never, ever, want you left hanging.
If you’ve signed up for a month-to-month subscription with us, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period, but we will inform you of that ahead of time. Your subscription will start as soon as your credit card is successfully charged.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
CANCELLATIONS, REFUNDS & RETURNS.
All sales of digital products downloadable upon confirmation of purchase are final and non-refundable. All live online workshops, courses and trainings being given during a specific time period are final and non-refundable. If you’d like to cancel a monthly subscription you have with us, you can do so any time, and you will not be charged effective the following month. Any merchandise or physical product is eligible for returns or exchanges within 30 days or purchase with a valid receipt. Please contact firstname.lastname@example.org for more information or use the Contact form on the website.
RESERVATION OF RIGHTS
We reserve the right, but do not have the obligation, to monitor the content and transactions on or through the Service. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. We reserve the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
LOWDOWN: Think before you post. If you would never say it to someone’s face -- you probably shouldn’t be saying it here. If you violate our rules, we can restrict your access.
REFUSAL OF SERVICE.
Big Tough Girl, LLC reserves the right to refuse service to any order, person, or entity without obligation to assign reason for doing so.
Big Tough Girl, LLC reserves the right to limit the number of participants in any given online class or workshop. BTG may at any time change or discontinue any aspect or feature of the Site or Service.
MATERIAL YOU SUBMIT TO THE SITE.
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Big Tough Girl, LLC from any claim against BTG resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Big Tough Girl, LLC reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
LOWDOWN: Don’t post anything belonging to someone else.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS.
Big Tough Girl, LLC does not claim ownership of Material you supply to BTG. However, the act of posting Material to the site conveys an irrevocable, worldwide license to BTG to use and distribute the posted Material in connection with BTG’s website and any related BTG publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to BTG, you agree to hold BTG harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
LOWDOWN: If you post something on our website, then we can use it on this site or our connected media, including social media or printed materials.
LIMITATION OF LIABILITY.
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, BTG™ is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if BTG™ has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall BTG™’s cumulative liability to you exceed the total purchase price of the Service you have purchased from BTG™, and if no purchase has been made by you BTG™’s cumulative liability to you shall not exceed $100.
LOWDOWN: We work hard to provide you with an awesome service, but we’re not liable for these various things.
DISPUTE RESOLUTION WILL ONLY BE BY BINDING ARBITRATION. PLEASE read this section carefully.
Any dispute or claim relating in any way to your use of BTG or the Service, or to any products or services sold or distributed by it will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at:
Big Tough Girl, LLC
881 BAXTER DRIVE STE 100
South Jordan, UT 84095
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BTG will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
LOWDOWN: We’re not responsible for your use of the site. If you think we are, then let’s work it out within one year arbitration style under Utah State law.
Updated: December 11, 2017