Website Terms and Conditions
You should carefully read the following Website Terms and Conditions (also referred to as these "Terms"). By using our service(s) and/or this website at www.bigfootinvestments.com (this “Website”), which is owned and controlled by Lee Johnson Capital Management, LLC d/b/a BigFootInvestmentsTM (“BigFootInvestments”), you acknowledge and agree that you have read and accepted these Terms and will comply with all provisions set forth herein.
These Terms govern your use of the Website and all content, services, and products available at or through the Website. The Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other applicable operating rules and policies. If you do not agree to all the terms, conditions, obligations, and restrictions set forth in these Terms, do not access the Website or use any services. If these Terms are considered an offer by BigFootInvestments, acceptance is expressly limited to these provisions. The access rights granted to you under these Terms are non-transferable without the express written permission of BigFootInvestments. You are responsible for the actions of any other person who may utilize your access rights to the Website.
2.Grant of Access; Limitations on Use.
Subject to all restrictions and conditions of these Terms and any applicable License Agreement (as defined in Section 7 below), BigFootInvestments grants you the ability to access and use the Website for your internal business use. Do not copy, distribute, or otherwise share the Website or its contents except as necessary for your internal business uses as permitted herein and reasonable backup or archival purposes. Any use of the Website which is not in compliance with these Terms is prohibited. In the event you learn of any unauthorized use of the Website, you agree to use all reasonable efforts to terminate such unauthorized use and immediately notify BigFootInvestments in writing of such violation at CustomerService@bigfootinvestments.com. This Website is hosted in the United States. You consent to having any data and information you supply transferred to, and processed in, the United States.
3.Special Access Restrictions.
The Website is available only to individuals who are at least 18 years old. If you are not yet 18 years old, you must stop using the Website immediately or provide BigFootInvestments with written parental approval. Additionally, this Website prohibits all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the Website automatically. Intentional collection, harvesting, gathering, and/or storing the Website's content for the purpose of selling or distributing such information or for the purpose of sending unsolicited email or other unsolicited communications or solicitations is a violation of these Terms and expressly prohibited. Any Non-Human Visitors to this Website will be considered agents of the individual(s) who controls, authors, or otherwise makes use of them. Such individual(s) will be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website and took such unauthorized actions.
4.Your BigFootInvestments Account.
If you create an account with BigFootInvestments, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify BigFootInvestments in writing at CustomerService@bigfootinvestments.com of any unauthorized uses of your account or any other breaches of security. BigFootInvestments will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Certain features of the Website are not intended for public access, use, or display or for access or use by any party without a BigFootInvestments-issued user-name and password. You must protect and maintain the confidentiality of your password and user-name related to the Website. Transferring, sharing, or assigning passwords or user-names, except as expressly permitted by BigFootInvestments, is strictly prohibited.
As a result of your access and use of the Website, you may gain access to certain confidential and proprietary information of BigFootInvestments, which is deemed "Confidential Information" and which includes, without limitation, BigFootInvestments’ proprietary solutions, expertise, strategies, communications, processes, modules, portfolios, webinars, marketing materials, and all other information, data, content, and materials displayed or made available on the Website. Confidential Information does not include information that (a) is or becomes part of the public domain other than as a result of disclosure by you or as a result of an unauthorized or unlawful disclosure, or (b) was lawfully in your possession prior to disclosure of the same by BigFootInvestments. Except as otherwise expressly permitted by BigFootInvestments in writing, you must: (a) keep all Confidential Information confidential and not disclose or reveal any Confidential Information to any person or entity except on a need-to-know basis; (b) not use or copy Confidential Information made available on the Website for any purpose other than internal business use and backup or archival purposes as permitted herein; and (c) not modify, translate, publish, broadcast, transmit, transfer, distribute, perform, display, sell, or assign any Confidential Information, or prepare or develop any derivative works thereof. Upon BigFootInvestments’ request or the termination of your access rights to this Website for any reason, you must destroy or delete, as applicable, all copies of any Confidential Information in your possession or control and upon BigFootInvestments’ request, must certify in writing that all copies of Confidential Information have been destroyed or deleted.
6.Responsibility of Contributors of Outside Content.
“Outside Content” means any content made available on a Third Party Site (as defined below in Section 8) along with any comments, links, or other materials posted or made available on this Website by an independent third party (and not BigFootInvestments). If you own or operate a Third Party Site or make any material available on the Website, you are solely responsible for the accuracy and content of, and any harm resulting from, that Outside Content regardless of whether the Outside Content in question constitutes text, graphics, an audio file, computer software, or any other type of content. By making Outside Content available on this Website by any means or method, you represent and warrant that:
??you own the Outside Content and all proprietary or intellectual property rights therein, or you have express written authorization from the owner (and you have paid all related fees, if any) to grant BigFootInvestments the license to the Outside Content set forth in this Section 6.
??you have fully complied with any third-party licenses relating to the Outside Content and have done all things necessary to successfully pass through to end-users any required terms.
??the Outside Content (and any downloading, copying, and use thereof) does not infringe any party’s proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights.
??the Outside Content is not deceptive, obscene, libelous, defamatory, hateful, or discriminatory; does not violate the privacy or publicity rights of any third party; and does not otherwise violate any applicable law, rule, or regulation.
??the Outside Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content.
??the Outside Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
??with respect to Third Party Sites, the site is not named in a manner that misleads end-users as to the Third Party Site’s ownership. For example, your Third Party Site's URL or name is not the name of a person other than yourself or company other than your own.
??you will not describe or assign keywords to your Third Party Site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others and BigFootInvestments is entitled to change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BigFootInvestments to be positioned for possible liability.
??you have, in the case of Outside Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by BigFootInvestments or otherwise.
By making Outside Content available on the Website as described above, you grant BigFootInvestments a worldwide, royalty-free, non-exclusive, sub-licensable license to copy, display, use, reproduce, modify, adapt, transmit and publish the Outside Content in any form or media, and create derivative works thereof in connection with BigFootInvestments’ display, distribution, and promotion of this Website and for all other commercial, promotional, and editorial purposes in connection with BigFootInvestments’ business. Outside Content will be transmitted to, and stored on, BigFootInvestments’ servers in the United States. If you delete Outside Content and advise BigFootInvestments in writing at CustomerService@bigfootinvestments.com, BigFootInvestments will use reasonable efforts to remove said Outside Content from the Website (generally within five (5) business days), but you acknowledge that caching and/or other references to the Outside Content may not be made immediately unavailable. BigFootInvestments and this Website are not an archive; storage of the Outside Content is your responsibility. BigFootInvestments will have no liability for any loss, damage, or corruption of Outside Content. Without limiting any of BigFootInvestments’ other rights or remedies, BigFootInvestments has the right (though not the obligation), in its sole discretion, to reject, edit, remove, and/or verify any Outside Content.
7.Fees and Payment.
Fees and payment terms for the BigFootInvestments services are set forth in the applicable BigFootInvestments License Agreement (the “License Agreement”).
8.Responsibility of Website Visitors; Disclaimers Concerning Third Party Sites and Outside Content.
“Third Party Site” means any site, content, or service offered at or linked from this Website and such site, content, or service is owned, offered, or made available by an independent third party (and not BigFootInvestments). BigFootInvestments has no obligation to review any Outside Content or Third Party Site posted to or made available on the Website and BigFootInvestments is not responsible for the Outside Content’s or Third Party Site’s use or effects. BigFootInvestments does not endorse the Outside Content or any Third Party Site, nor does BigFootInvestments represent that such material is accurate, useful, or beneficial. BigFootInvestments expressly disclaims any representations or warranties of any kind with respect to ANY Outside Content or ANY Third Party Sites including WITHOUT LIMITATION any warranties of non-infringement, merchantability, or fitness for a particular purpose. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user who finds Outside Content or a Third Party Site that is offensive, indecent, or otherwise objectionable, or that contains technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such issues to BigFootInvestments in writing at CustomerService@bigfootinvestments.com. Anyone who discovers Outside Content or a Third Party Site that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated, must report the same to BigFootInvestments in writing at CustomerService@bigfootinvestments.com. BigFootInvestments expressly disclaims any responsibility for any direct or indirect damages, harm, or liability (financial or otherwise) resulting from the use of, or reliance on, Outside Content or Third Party Sites, or from any downloading of Outside Content. Third Party Sites may have their own website terms and conditions to which you will be subject when you visit, access, or use those Third Party Sites.
9.Digital Millennium Copyright Act Notice.
A person who is a copyright owner or an agent thereof and believes that any Outside Content or other content on the Website infringes upon the owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act, as it may be amended from time to time ("DMCA") by providing BigFootInvestments’ Copyright Agent (designated below) with the following information in writing (see 17 U.S.C. 512 for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (i.e., the complaining party); (2) 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; (3) 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 BigFootInvestments to locate the material; (4) Information reasonably sufficient to permit BigFootInvestments to contact the complaining party, such as an address, telephone number, and, if available, an email address; (5) 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 (6) A statement that the information in the notification is accurate and under penalty of perjury, that the party submitting the notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. BigFootInvestments’ designated Copyright Agent to receive notifications of claimed infringement is: Patti Johnson, address:6300 Ridglea Pl, Ste 1020 Fort Worth, TX 76116, email: CustomerService@bigfootinvestments.com, fax:817-738-9056. If the copyright owner or agent thereof fails to comply with all of the requirements of this Section 9 and any other requirements set forth in the DMCA, the DMCA notice may not be valid.
10.Digital Millennium Copyright Act Counter-Notice.
If you believe that your Outside Content that was removed pursuant to a DMCA notice provided under Section 9 above (or to which access was disabled) is not infringing or that you have proper authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the applicable Outside Content, you may send a counter-notice containing the following information to BigFootInvestments’ Copyright Agent: (1) your physical or electronic signature; (2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Tarrant County, Texas and a statement that you will accept service of process from the complaining party who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, BigFootInvestments may send a copy of the counter-notice to the complaining party informing that person that BigFootInvestments may replace the removed content or cease disabling it in ten (10) business days. Unless BigFootInvestments’ Copyright Agent receives notice from the copyright owner that he/she has filed an action seeking a court order against you, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days after receipt of the counter-notice, at BigFootInvestments’ sole discretion.
As between you and BigFootInvestments, all right, title, and interest in and to the Website, its source code and all legally protectable elements, derivative works, modifications, and enhancements thereto (including all authorized copies made by you), are the sole property of BigFootInvestments (except certain applications that may have been licensed from, or provided by, third parties including applicable Outside Content or Third Party Sites). BigFootInvestments, the BigFootInvestments domain, the BigFootInvestments logo, and all other trademarks, service marks, graphics, and logos used in connection with BigFootInvestments and/or the Website are the sole and exclusive property of BigFootInvestments or BigFootInvestments' licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. All rights not expressly granted to you in these Terms are retained by BigFootInvestments and any applicable third-party licensors. BigFootInvestments may, in its discretion, remove, modify, disable, discontinue, or update the Website, or any portion thereof, at any time.
BigFootInvestments reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of, or access to, the Website following the posting of any changes to these Terms constitutes acceptance of those changes. BigFootInvestments may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services, and resources). Such new features and/or services will be subject to the then-current Terms.
In addition to the parties’ termination rights set forth in the License Agreement, BigFootInvestments may terminate your access to all or any part of the Website at any time if BigFootInvestments suspects or has reason to believe that you are in violation of these Terms or the License Agreement. Upon termination, all provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14.Disclaimer of Warranties.
The Website and all Content thereon is provided 'as is'. BigFootInvestments makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, security, confidentiality, or non-infringement of intellectual property, or other violation of rights. there is no warranty by BigFootInvestments that the website will meet your requirements or that the operation of the website will be UNINTERRUPTED or error free. BigFootInvestments does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the Website or any Outside Content or THIRD PARTY SITE.
15.Limitation of Liability.
IN NO EVENT WILL BIGFOOTINVESTMENTS OR ITS SUPPLIERS OR LICENSORS OR ANY INDIVIDUALS ASSOCIATED WITH THOSE ENTITIES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR YOUR USE OF, OR RELIANCE ON, THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THE OUTSIDE CONTENT OR ANY THIRD PARTY SITE) UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OR DAMAGED DATA, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA) EVEN IF BIGFOOTINVESTMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABSOLUTE LIABILITY OF BIGFOOTINVESTMENTS IN CONNECTION WITH THESE TERMS AND YOUR USE OF, OR RELIANCE ON, THIS WEBSITE WILL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY YOU TO BIGFOOTINVESTMENTS UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ALLEGED CLAIM OR DAMAGE. THE FOREGOING WILL NOT APPLY TO THE EXTENT PROHIBITED BY NON-WAIVABLE APPLICABLE LAW. BIGFOOTINVESTMENTS WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL.
16.General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with these Terms, the License Agreement (if applicable), and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify, defend, and hold harmless BigFootInvestments, its contractors and its licensors, and their respective directors, officers, employees, and agents from and against any and all liabilities, actions, claims, demands, and other losses or costs of any type sustained or incurred by BigFootInvestments, including without limitation reasonable attorneys’ fees and court costs, arising from, or related to, your Outside Content (if applicable), your Third Party Site (if applicable), your breach of these Terms or a warranty contained herein, or any other act or omission by you.
18.Applicable Law and Jurisdiction.
Each party agrees that any suit, action, or proceeding brought by such party against the other in connection with, or arising from, these Terms or your use of, or reliance on, the Website will be governed by the law of the State of Texas, excluding any provisions on conflicts of law. You consent to the exclusive venue and jurisdiction of federal and state courts within Tarrant County, Texas.
19.Entire Agreement; Severability.
These Terms constitute the entire agreement between the parties concerning the subject matter hereof and supersede all previous communications, understandings, and agreements, whether oral or written, between the parties. Notwithstanding the foregoing, you acknowledge that other written agreements between you (and/or your employer) and BigFootInvestments may exist (for example, the License Agreement) and you and BigFootInvestments acknowledge that these agreements will remain in full force and effect. In the event of any conflict between these Terms and the provisions of the License Agreement, the terms of the License Agreement will control. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable or invalid, the remainder of these Terms will continue in full force and effect.
20.Records of Visitor Use and Abuse.
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. You agree not to use this address for any reason.
YOU AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY or SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE and SUBSEQUENT BREACH OF THESE TERMS.