Terms of Service

1. Agreement Between You and BigLinx.com. The following terms and conditions (the "Terms and Conditions") apply to all visitors to or users of this Web site. By accessing this Web site, the user acknowledges acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, BigLinx and its affiliates, reserve the right to seek all remedies available by law and in equity for such violations. BigLinx.com is a technology platform owned and operated by BigLinx. All references to "BigLinx.com", "we", or "us" include BigLinx and its affiliates.

2. General Use Provisions; and Copyright. All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of BigLinx.com and/or its vendors or suppliers. All Materials herein and all BigLinx.com software are proprietary to BigLinx.com and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of BigLinx.com.

3. Limited License. BigLinx.com hereby authorizes you to view, copy, download and print the Materials available on this Web site, provided that: (1) the Materials are used solely for personal purposes; (2) the Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of BigLinx.com.

4. Trademarks. The trademarks, trade names and service marks (the "Marks") displayed on this Web site are the property of BigLinx.com or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of BigLinx.com or such third party which may own the Mark. The following list of Marks owned by BigLinx.com is not exhaustive, and BigLinx.com may own other Marks not included here: BigLinx.com and BigLinx.

5. Compliance with Laws; Export Controls. You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

6. Devices. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the BigLinx.com site or any listing or transaction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

7. No Unlawful or Prohibited Use. As a condition of your use of this Web site, you warrant to BigLinx.com that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web site in any way prohibited by these terms, conditions and notices.

8. Links to Third-Party Web Sites. This Web site contains links to Web sites operated by parties other than BigLinx.com. Such hyperlinks are provided as part of the service or for reference only. BigLinx.com does not control such Web sites and is not responsible for their contents. BigLinx.com's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access or exchange links  with any of the third party sites linked to this Web site or by using any BigLinx services, you do so entirely at your own risk.

9. General Disclaimer. Although BigLinx.com has attempted to provide accurate information on the Web site, BigLinx.com assumes no responsibility for the accuracy of the information. All information provided on this Web site is provided "as is" with all faults without warranty of any kind, either express or implied. BigLinx.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.

10. Limitation on Liability. Neither BigLinx.com nor any of its directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Web site or any BigLinx.com product, or damages from the use of or reliance on the information present on this Web site, even if BigLinx.com has been advised of the possibility of such damages.

11. Modification of the Web Site. BigLinx.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. BigLinx.com may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice.

12. Modification of These Terms of Use. BigLinx.com reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to any actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

13. Severability. 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.

14. General. This agreement is governed by the laws of the State of Hawaii, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in Honolulu County, Hawaii, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

15. Services Not Provided. In connection with your use of BigLinx.com's website and/or services, you acknowledge and agree as follows:

1. BigLinx.com does not evaluate the websites that use its services;
2. BigLinx.com is not undertaking any, and has no obligation to evaluate the quality, applicability or legality content the sites that use its service;
3. BigLinx.com is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this website;
4. BigLinx.com does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations, and all information obtained on this website must be verified independently;
5. BigLinx.com may make changes to its services and this website at any time and without notifying you or receiving your consent; and
6. While BigLinx.com complies with state and federal laws, BigLinx.com does not monitor the content of the sites linked within the Web site and/or transmissions of information within the Web site and thus assumes no liability for any users failures to comply with such laws.