Get Indio Terms and Conditions | Website & Service Use Policy

Terms & Conditions

Last Updated: April 22, 2026

I. Agreement Between You and Big Rig

These are the Terms and Conditions of Use (“T&C’s”) supplementing the Work Order and Agreement (the “Agreement”) you entered into with Big Rig Media LLC, a California limited liability company (“Big Rig,” “us,” “we,” “our”). In the Agreement, you acknowledged and agreed that you are subject to these T&C’s. Please read these T&C’s carefully. Our Privacy Policy, which also governs your use of IndioApp, can be found at https://www.getindio.com/privacy-policy/ and is incorporated into these T&C’s by reference.

The Agreement provides for our provision to you of website development and hosting services, and/or 360 marketing data-driven digital advertising services and/or your subscription to the Indio® property management and booking engine software system commonly known as “IndioApp.” IndioApp is operated by us by permission of Enterstate LLC, a California limited liability company. These T&C’s constitute a legally binding agreement between you and us.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AND YOU FURTHER AGREE ON THE NON-ARBITRATIBILITY OF CONTEMPORANEOUS ARBITRATION CLAIMS INVOLVING SUBSTANTIALLY SIMILAR CLAIMS AND/OR LEGAL COUNSEL.

II. Website Development and Hosting

Additional Policies and Agreements

Use of the website development and hosting services (the “Web Services”) is also governed by the following policies, which are incorporated by reference. Additional terms may also apply to certain Web Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then a domain registration agreement will also apply to you and would be incorporated herein.

Account Eligibility

By registering for or using the Services, you represent and warrant to us as follows:

If you are an individual, you are eighteen (18) years of age or older. The Web Services are intended solely for users who are eighteen (18) years of age or older. Any registration, use of or access to the Web Services, by anyone under age eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party — i.e., you are registering a company to use the Web Services — you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Web Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct, and complete at all times.
Big Rig is not responsible for any lapse in the Web Services, including without limitation lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize https://www.getindio.com/my-account/ to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government-issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You are fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
You understand that the Web Services and any data you provide to Big Rig is hosted in the United States (U.S.) unless otherwise provided. If you access the Web Services from outside of the U.S., you are voluntarily transferring information (potentially including personally identifiable information) and content to the U.S., and you agree that our collection, use, storage, and sharing of your information and content is subject to the laws of the U.S. and not necessarily of the jurisdiction in which you are located.

Transfers

We will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge. Please contact https://www.getindio.com/get-started/ to receive a price quote. In no event will Big Rig be held liable for any lost or missing data or files resulting from a transfer to or from Big Rig. You are solely responsible for backing up your data in all circumstances.

Big Rig Content

Except for User Content (as defined below), all content made available through the Web Services, including images made available through website builder tools provided by us (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Web Services (collectively with the Licensed Images, “Big Rig Content”), are the property of Big Rig or its licensors. No Big Rig Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in the Agreement and these T&C’s. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any Big Rig Content.

To the extent necessary for you to use the Web Services as contemplated by the Agreement, you are granted a limited, revocable, non-sublicensable license to use the Big Rig Content solely in connection with the Web Services. You are prohibited from using any Licensed Images:

With pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights;
As a trademark, service mark, or logo; or
Portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model:
1. In connection with pornography, “adult videos,” adult entertainment venues, escort services, dating services, or the like;
2. In connection with the advertisement or promotion of tobacco products;
3. As endorsing a political party, candidate, elected official, or opinion;
4. As suffering from, or medicating for, a physical or mental ailment; or
5. Engaging in immoral or criminal activities.

Any use of Big Rig Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Web Services and any Big Rig Content. All rights to use Big Rig Content that are not expressly granted in the Agreement or these T&C’s are reserved by Big Rig and Big Rig’s licensors.

User Content

You may be able to upload, store, publish, display, and distribute information, text, photos, videos, emails, and other content on or through the Web Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Web Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Web Services, you represent and warrant to us that (1) you have all the necessary rights to post or distribute such User Content, and (2) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Web Services, you hereby grant to Big Rig a non-exclusive, royalty-free, worldwide right and license to: (1) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (2) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Big Rig does not acquire any right, title, or interest in or to the User Content, all of which shall remain solely with you.

Big Rig exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Big Rig’s computers, network hubs, and points of presence or the internet. Big Rig does not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including without limitation the removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Web Services without refund, if you violate the terms of the Agreement or these T&C’s. You hereby agree that Big Rig shall have no liability due to any corrective action that Big Rig may take.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

Compliance with Applicable Law

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email, and your use of the Web Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Web Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Web Services as further described in our Privacy Policy) and we make no representation that the Web Services are appropriate or available for use in other locations. Those who access the Web Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Web Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679 (“GDPR”), and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of the Agreement and these T&C’s. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using the Web Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth [insert link to data processing addendum] shall apply where you are a Controller subject to the GDPR.

Third Party Products and Services

Third Party Providers: Big Rig may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions, and special third party offers may be subject to additional restrictions and limitations imposed by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. Big Rig does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Big Rig is not an agent, representative, trustee, or fiduciary of you or the third party provider in any transaction.

Big Rig as Reseller or Licensor: Big Rig may act as a reseller or licensor of certain third party services, hardware, software, and equipment used in connection with the Services (“Non-Big Rig Products”). We are not responsible for any changes in the Web Services that cause any Non-Big Rig Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Big Rig Products sold, licensed, or provided by us to you will not be deemed a breach of our obligations under the Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Non-Big Rig Product are limited to those rights extended to you by the manufacturer of such Non-Big Rig Product. You are entitled to use any Non-Big Rig Product supplied by us only in connection with your use of the Web Services as permitted under the Agreement and these T&C’s. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Big Rig Product or to use it other than in connection with the Web Services. You shall not resell, transfer, export, or re-export any Non-Big Rig Product, or any technical data derived therefrom, in violation of any applicable law, rules, or regulations.

Third Party Websites: The Web Services may contain links to other websites that are not owned or controlled by Big Rig (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Web Services. Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, and Individuals)

The Web Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Web Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Web Services, you represent and warrant that you are not:

An individual, organization, or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People’s Republic, or the Luhansk People’s Republic regions of Ukraine);
Designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person;
Otherwise a prohibited party under U.S. Trade Laws; or
Engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license.

Unless otherwise provided with explicit written permission, Big Rig also does not register, and prohibits the use of the Web Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of the Agreement or your use of the Web Services.

Account Security and Big Rig Systems

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Web Services, including all related equipment, networks, and network devices are provided only for authorized customer use. Big Rig may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. By using the Web Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Big Rig may, at its discretion, request documentation to prove that your access to a third party network or system is authorized.

Any account which causes us to receive an abuse report may be terminated and/or have access to the Web Services suspended. If you do not remove malicious content from your account after being notified by Big Rig of an issue, we reserve the right to leave access to the Web Services disabled.

Big Rig reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law, or for technical or other reasons without notice.

HIPAA Disclaimer

We are not “HIPAA compliant.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Web Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Big Rig does not control or monitor the information or data you store on, or transmit through, the Web Services. We specifically disclaim any representation or warranty that the Web Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Web Services for such purposes. Storing and permitting access to “protected health information” is a material violation of these T&C’s, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Big Rig is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact https://www.getindio.com/support-learning/submit-a-ticket/.

Compatibility with the Web Services

You agree to cooperate fully with Big Rig in connection with Big Rig’s provision of the Web Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Web Services. To the extent that the performance of any of our obligations under the Agreement may depend upon your performance of your obligations, Big Rig is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Big Rig to provide the Web Services, which may be changed by us from time to time in our sole discretion.

You are solely responsible for backing up all User Content, including but not limited to, any User Websites. Big Rig does not back up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information

Prepayment: It is your responsibility to ensure that your payment information is up to date, and that all payments are made on time. You agree to pay for the Web Services in advance of the time period during which such services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Auto-renewal: Unless otherwise provided, you agree that until and unless you notify Big Rig of your desire to cancel the Web Services, you will be billed on an automatically recurring basis to prevent any disruption to your use of the Web Services, using your credit card or other billing information on file with us. In the event that the payment method expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal.

Taxes: Listed fees for the Web Services do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Failure to Pay: If you fail to pay the fees due for the Web Services, we may suspend or terminate your services and pursue any collection costs incurred by us, including without limitation any arbitration and legal fees and our reasonable attorneys’ fees. If any payment method fails, Big Rig may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or termination of the Services. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment, we do not automatically reactivate the dedicated servers. Contact Big Rig directly after you make a late payment to reactivate the dedicated server.

Domain Payments: It is solely your responsibility to notify Big Rig’s billing department by calling (866) 524-4744 or by using the ticketing system at help@bigrigmedia.net after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Big Rig is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed fifteen (15) days before the renew date.

Fraud: It is a violation of the Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Big Rig may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies.

Invoice Disputes: You have ninety (90) days to dispute any charge or payment processed by Big Rig. After that dispute period passes, you will be deemed to have agreed to the charge or payment. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

Payment Card Industry Security Standard Disclaimer: Big Rig complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Big Rig does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

Domain Renewals

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify our billing department by calling (866) 524-4744 or by using the help desk and creating a ticket at help@bigrigmedia.net to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Termination

Big Rig may terminate your access to the Web Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that:

You fail to pay any fees due hereunder;
You violate the terms and conditions of the Agreement or these T&C’s;
Your conduct may harm Big Rig or others, cause Big Rig or others to incur liability, or disrupt Big Rig’s business operations (as determined by us in our sole discretion);
You are abusive toward our staff in any manner; or
For any other lawful reason, including to comply with applicable law, or as otherwise specified in the Agreement.

In such event, Big Rig will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

Suspended Accounts

We reserve the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days, which will result in the loss of all data stored on the account.

Resource Usage

(A) Shared Hosting

Acceptable Use Policy. Disk space is intended for use in accordance with our Acceptable Use Policy located [insert link to acceptable use policy] and limited to web files, active email, and User Website content only. Shared hosting space may not be used for storage, including without limitation, of media, emails, as offsite storage of electronic files, or FTP hosts. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space, and other resources that may be caused by a violation of these T&C’s or the Acceptable Use Policy. We may, in our sole discretion, terminate access to the Web Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of these T&C’s.
Plan Limits. Big Rig may, in its sole discretion, terminate access to the Web Services, apply additional fees, or remove/delete User Content for those User accounts that exceed the limit(s) of the User’s current plan. To avoid service interruption, we may automatically upgrade your account to a higher tier plan at an additional fee if you exceed the limit(s) of your current plan.
Excessive Server Resources. Use of Big Rig resources must be consistent with a shared hosting environment and must otherwise comply with these T&C’s. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (in excess of 5000 database tables) or an excessive database size (in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event that you exceed these amounts, Big Rig may request that you reduce the number of files/inodes, database tables, or total databases to ensure optimal server performance. We reserve the right to terminate your account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Web Services.
Bandwidth Usage. With the exception of resellers, shared servers are not limited in their bandwidth allowance. Resellers are subject to the terms of the plan they purchased and usage information can be viewed in the control panel.

(B) Virtual Private Servers (VPS) and Dedicated Servers Usage

Dedicated and VPS usage is limited by the resources allocated to the specific plan you purchased.

(C) cPanel Accounts

Big Rig reserves the right to restrict the number of cPanel accounts and/or terminate any excessive cPanel accounts as determined in our sole discretion. Customers who exceed Big Rig’s limit for cPanel accounts may be charged for additional cPanel accounts.

Reseller Terms and Client Responsibility

Resellers shall ensure that each of their clients complies with the Agreement and these T&C’s. Resellers are responsible for supporting their clients. Big Rig does not provide support to clients of resellers. If a reseller’s client contacts Big Rig, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Big Rig will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement. We are not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify us from and against any and all claims made by any user arising from the reseller’s acts or omissions. Big Rig reserves the right to revise our reseller program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by us. Resellers in our reseller program assume all responsibility for billing and technical support for each of the users signed up by the reseller.

Shared (Non-Reseller Accounts)

Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

Dedicated Servers

Big Rig reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. We reserve the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. We are not liable for any loss of data resulting from such deletion.

Email Marketing

If you elect to use the email marketing feature (“Email Marketing”), your use of Email Marketing shall be governed by the terms and conditions of use of the Email Marketing provider you choose (the “Email Marketing Terms”). To the extent there is any conflict between the Email Marketing Terms and this Agreement, the Email Marketing Terms shall control solely with respect to your use of Email Marketing.

Logo Creation

If you elect to use a logo creation service to create a logo or design for your use, you acknowledge that logo creation services use certain elements, including colors, fonts, icons, and other designs, that are also made available to other users and, as such, any logo created may be similar or identical to logos created by other users who use logo creation services. LOGOS CREATED BY YOU OR BY US ON YOUR BEHALF USING A LOGO CREATION SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND WE MAKE NO WARRANTIES THAT THE LOGOS DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. It is your responsibility to determine (1) whether any logo created via a logo creation service is subject to any third party rights and (2) whether you may use and/or register your logo as a trademark. You may not assign or resell your created logo to any third party, and you may not challenge the use or registration of any other logo created on behalf of another User.

Plugins

If you install or use plugins on your hosting account (including, for example, Automattic’s Jetpack), you also acknowledge and agree to (1) the terms of service which apply to your use of all those products and services; and (2) the privacy policy of the plugin provider, including without limitation, the provider’s collection of data practices as described therein.

Third Party Email

Your use of any third-party email service (including, for example, Titan) shall be subject to all terms and policies of that service provider.

Price Change

Big Rig reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review your Big Rig billing information, including notices sent or posted by us.

Limitation of Liability

BIG RIG SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL AN “INDEMNIFIED PARTY” (AS DEFINED UNDER THE HEADING “INDEMNIFICATION” BELOW) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE WEB SERVICES, EVEN IF BIG RIG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIG RIG’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIG RIG FOR THE WEB SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE AGREEMENT, THESE T&C’S OR OUT OF THE WEB SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, BIG RIG’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY LAW.

Disclaimer

You acknowledge and agree that any use of the Web Services, including any information or content obtained through the Web Services, is entirely at your own risk. You further acknowledge and agree that Big Rig exercises no control over, and accepts no responsibility for, the content of the information passing through our host computers, network hubs, and points of presence or the internet.

Backups and Data Loss

Your use of the Web Services is at your sole risk. Big Rig makes and stores backups of shared and reseller accounts pursuant to its disaster recovery policy. Big Rig reserves the right to charge a restoration fee if you request copies of the backups. Big Rig does not maintain backups of dedicated accounts. You are solely responsible for backing up all User Content, including any User Websites off of our servers. This is an affirmative duty, even if you purchase or have third party products, such as CodeGuard. Big Rig is not responsible for the loss of any User Content.

Any shared account using more than 20 GB of disk space will be removed from our off-site backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

Limited Warranty

THE WEB SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, BIG RIG AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “BIG RIG PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE BIG RIG PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE WEB SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE WEB SERVICES. THE BIG RIG PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE WEB SERVICES. NO ADVICE OR INFORMATION GIVEN BY BIG RIG OR ITS REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. BIG RIG DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE WEB SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. BIG RIG DOES NOT WARRANT THAT THE WEB SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY WEB SERVICE OR BIG RIG IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THE AGREEMENT.

Disclosure to Law Enforcement

Big Rig may disclose user information to law enforcement agencies without further consent or notification to the user upon such agencies’ lawful request, as determined by us in our sole discretion. We cooperate fully with law enforcement agencies.

Changes to the Agreement, These T&C’s, or the Web Services

Big Rig may modify, add, or delete portions of the Agreement or these T&C’s at any time. If we make significant changes, we will post a notice on the Site for at least thirty (30) days after the changes are posted and will indicate the date of the last revision at the bottom of the Agreement and these T&C’s. Any revisions to the Agreement or these T&C’s will become effective when posted unless otherwise provided. You agree to any modification by continuing to use the Web Services after the effective date of any such modification. Big Rig reserves the right to modify, change, or discontinue any aspect of the Web Services at any time.

Additional Terms

If your Agreement calls for your use of a virtual private server, you are bound by the Virtual Private Server Terms of Service Addendum located at [insert link to virtual private server TOS addendum]. If your Agreement calls for Big Rig to register a domain on your behalf, you are bound by the Domain Registration Agreement located at [insert link to domain registration agreement].

III. 360 Marketing Data-Driven Digital Advertising Services

If you have purchased our 360 marketing data-driven digital advertising services (the “Marketing Services”), we provide you with:

Access to a web-based platform with tools for building, managing, and hosting your marketing assets using Google Ads, Meta platform ads, TikTok ads, mountain/streaming services ads, Bing ads, print ads, billboard ads, and all other advertising materials;
The ability to send emails and SMS messages to your mailing lists hosted at the Big Rig platform, as well as an ability to create landing pages or microsites, social media messaging, and obtain customer information through use of web forms;
Customer service;
Additional features (add-ons), if ordered and paid separately by you; and
Access to free templates, which you may use for the purpose of creating landing pages and sending emails via the Big Rig platform.

You may use these Marketing Services to transmit SMS messages and send emails (“Transactions”) only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Subscribers”). In order to use these Services and manage your email or SMS marketing campaigns, you must create an individual account on the Big Rig platform. The account may be accessed only with the use of your login credentials. We reserve the right to reject your subscription for any or no reason as long as it is not an unlawful reason.

You may also use the service to create, manage, and update Personalized URLs (PURLs) and landing pages and host them on our servers. Within the Landing Page Creator you may, among other things, create unlimited landing pages, integrate them either with PURLs or sub-domains provided by us or with your own domain, post various content, integrate with social media and other websites, and use our editor to fill out your landing page. We cannot and do not verify or check whether the domain name selected by you or the use of a given domain name infringes third party’s rights. We recommend you verify whether the selected domain name or its use infringes third party’s rights. You should be aware that Big Rig may be ordered by a court or other public authority to cancel, modify, or transfer the domain name chosen by you. You should also be aware that if we are sued or threatened with lawsuit in connection with the use of your domain name, we may turn to you to hold us harmless and to indemnify us.

You expressly agree that the quality of a streamed media file might differ from the uploaded stream, in order to conform and adapt to standards of transferring data, connecting networks, or devices.

You may upgrade your account plan at any time. If you make such a request during a pre-paid service period, a part of the fee (for the unused service period) will be credited towards your new fee.

We reserve the right to update, improve, and expand the Marketing Services. In addition, we may modify, replace, refuse access to, suspend, or discontinue providing the Marketing Services, or change the prices for the next service period in our sole discretion with no liability to us.

Technical Requirements

The Marketing Services will operate with the latest official version of Mozilla Firefox, Google Chrome, and Safari web browsers. In order to use the Marketing Services, it is necessary that you have a device that allows you access to the internet, have an email and a website browser installed with “cookies” and JavaScript enabled.

Registration and Use of the Marketing Services

Upon successful account registration, you subscribe to the Marketing Services and agree to:

Observe these T&C’s or their amended versions and any other policy developed, published, and formulated by Big Rig in connection with the Marketing Services;
Maintain and promptly update your contact details so that they are as current, complete, and accurate as possible;
Send or stream through the Marketing Services only such materials that you have full rights to use and publish on the internet;
Conform to the rules relating to sending out emails, in particular, commercial emails and the processing of personal data which are in force in the country of your residence;
Remove or quarantine all data and information of any person who has previously stated verbally and/or in writing that he or she does not wish to receive electronic communications made by or on behalf of you;
Maintain the control and secrecy of login credentials provided to you; and
Receive commercial information about Big Rig products and services.

Media Marketing

As stated in the Agreement, Big Rig is not responsible for the results obtained by you through your use of the Marketing Services, and does not guarantee any level of search engine optimization success. The Marketing Services involve media buys on marketing auction platforms where ad availability can be exhausted well before the end of a campaign day based on budgets and other factors with the result that a planned ad may not find an available slot. The Marketing Services use marketing platforms that now use artificial intelligence for platform management, which may autonomously change approved images or scrape the internet to add their own images. Those events are beyond our control. We do offer Marketing Services reporting to you, but caution you that reporting can be inaccurate due to user’s cookie blocking or privacy settings.

Payments

You are obliged to pay in due time all fees for the use of the Marketing Services described in the Agreement. Where appropriate, tax on goods and services will be added to the payment price in accordance with currently effective rates.

You must pay fees using a credit card or ACH payments in the form of a recurring payment in advance of the service period. If the recurring payment is unsuccessful at the payment point, we will retry to complete the payment transaction in the following days and, if the completion of the transaction is unsuccessful, we will terminate the Marketing Services. We are not responsible for any fees charged by credit card issuers or financial institutions.

We will issue an invoice within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. For settlement purposes it is assumed that a month has 30 days and a year has 360 days.

Marketing Content

All and any information, data, text, graphics, logos, video, software, music, or other materials that you post, upload, transmit, stream, or otherwise make available on your landing page(s) or email(s) with the use of these Services, or that your visitor uploads, posts, or streams (“Marketing Content”) are your sole responsibility. This includes also any links to other websites or resources or other third party services that you use. We do not claim ownership of the Marketing Content and you retain all right, title, and interest in and to your landing page content. You agree to have us present your emails, landing pages, and campaign results in our marketing materials, including case studies.

If you post, upload, transmit, stream, or otherwise make available third party content, you are obliged to strictly adhere to such third party’s terms and conditions of service or license. If you share your Marketing Content through third party’s websites or emails you are obliged to comply both with these T&C’s and the terms of service established by third parties whose service you use to share your Marketing Content.

Prohibited Practices, Content, and Industries

You are not allowed to use the Marketing Services in a manner that, either intentionally or unintentionally, violates any applicable local, state, national, or international laws, good industry practice, these T&C’s, or any copyright or other right of a third party.

You represent and warrant that the owners of the phone numbers you provide to Big Rig, to which outbound messages are transmitted through the Marketing Services, have consented or otherwise opted in to the receipt of such messages and broadcasts. You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through the Marketing Services and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Marketing Services and the Site.

You agree to familiarize yourself with and abide by all applicable local, state, national, and international laws and regulations, and you are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through the Marketing Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Services by visiting the following websites:

The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (https://www.donotcall.gov), and various state laws, rules, and regulations place restrictions on certain types of phone calls and text messages. Big Rig is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts, and campaigns prior to using the Marketing Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

Practices that are strictly prohibited include:

Sending spam or otherwise unsolicited messages in violation of applicable laws;
Sending messages to any purchased or rented email lists, or any third party lists whatsoever;
Incorporating into emails any texts, photos, graphics, logos, software, articles, musical works, and videos or other content that infringes into third persons’ copyright and/or rights related to copyright, trademark, patents, trade secret, or other proprietary right of any third party;
Sending or storing materials that are obscene, threatening, abusive, harassing, defamatory, libelous, slanderous, deceptive, fraudulent, invasive of another person’s privacy, tortious, or otherwise violate applicable law or Big Rig’s rules or policies;
Associating any content streamed through the Marketing Services with pornography, adult-related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;
Sending or storing material containing harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spyware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
Modifying, reproducing, duplicating, copying, displaying, sublicensing, selling, creating derivative works from, exploiting, or otherwise using any portion of the Marketing Services, except as specifically provided and allowed by us;
Using the Marketing Services contrary to their primary purpose, especially for hacking or to solicit passwords, personal identifying information, or credit card data for unlawful or phishing purposes, especially by making automated use of the system, such as using scripts, bots, spiders, or scrapers; and
Undertaking any other activity that in our opinion interferes with or is (or may be) harmful to our business, reputation, goodwill, or the ability of other customers to effectively use the Marketing Services.

There are some industries that send certain types of content resulting in higher-than-normal bounce rates and abuse complaints, which may affect the deliverability of Big Rig’s platform. Therefore, you understand and accept that, as far as your business practices are concerned, you are not allowed to use the Marketing Services to stream, disclose, engage, and/or offer to sell, either directly or indirectly, any goods or services connected with such high-risk industries. Our customers are not allowed to use the Marketing Services to stream, disclose, engage, and/or offer to sell, either directly or indirectly, any goods or services that:

Victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, political opinion, gender, sexual orientation, race, ethnicity, age, or disability;
Violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti-discrimination, or false advertising;
Offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
Are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;
Are associated with the sale of any controlled drug that requires a prescription from a licensed practitioner; or any over-the-counter drug, or non-prescription drugs;
Are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers, or filters;
Are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons;
Market for:
- Nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
- Alcohol of any kind;
- Drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
- Medical services, medical aid, medical assistance, medicines;
- Video lotteries, cylindrical games, card games, dicing, and automated games;
Use the Marketing Services to call on minors directly to purchase products or services;
Encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed through the Marketing Services;
Take advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers, or other persons;
Unreasonably show minors in dangerous situations;
Use the Marketing Services to affect the subconscious of a recipient;
Add, remove, or modify the identifying header information, in an attempt to deceive or mislead the recipient; or
Impersonate or attempt to impersonate any person or entity (including any of our employees or representatives) or service by using forged headers or other identifying information such as name, nickname, domain name, or email address. The use of anonymous re-mailers or nicknames does not constitute impersonation.

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Marketing Services, or to surreptitiously intercept any system, data, or personal information from the Marketing Services nor any website owned or controlled by Big Rig. You may not take any action that imposes unreasonable or disproportionately large load on the website network or other service infrastructure.

Customer Service

We provide customer service via email, live chat, or phone. When requesting customer service or submitting a complaint, you should provide at least your account name. We do not reply or take any action based on “anonymous” support requests. Customer service contact details are available at the Site and within your account under “Support.” Most customer service inquiries are responded to within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint.

Refunds

We do not issue refunds, even if you cancel your account immediately after your credit card or ACH payment account is charged for the new billing period. For example, if we charge your credit card on August 10th, and you cancel your account on August 15th, you are still responsible for paying for the entire year if the Agreement is for an annual plan. No subsequent charges are applied to your credit card, but the amounts already charged are not refunded. We treat all customers equally, so we do not make exceptions to this policy.

Customer Relationship Management (CRM)

A. Accessing Big Rig CRM

You will be able to access Big Rig CRM by using your account established following your entering into the Agreement.

B. Accessing Third Party Applications Integrated with Big Rig CRM

Many third party applications (hereinafter “Third Party Application(s)”) are or may be integrated with Big Rig CRM. Big Rig will also be integrating more Third Party Applications with Big Rig CRM. In addition, you may also integrate any other Third Party Application with Big Rig CRM by using the API if such Third Party Application allows such integration. Access and use of Third Party Applications may require acceptance of third party terms of service and privacy policies applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading, understanding, and complying with the Third Party Terms before accessing or using any Third Party Application.

C. Email Policy

We advocate genuine use of email. We are responsible to keep our system free from illegal activities. To ensure better deliverability for our customers and to maintain our reputation, emails sent via Big Rig CRM will be monitored using automated tools. In case of violation of our terms, we may block emails from your account or even terminate your service.

D. Telephony Functionality

In connection with your use of telephony functionality, as part of Big Rig CRM, you understand and agree: (i) that you may be required to provide additional information, as mandated by the concerned regulatory authorities, for purchasing telephone number(s); (ii) that you are solely responsible for complying with all applicable laws in all jurisdictions governing your use of the telephony functionality; (iii) that the telephony functionality is not intended to support or carry emergency calls to any emergency services; and (iv) to indemnify, defend, and hold Big Rig harmless from and against any third party claim arising from any of the foregoing.

E. Short Message Service (SMS) System Notification Functionality

By using our SMS System Notification functionality, you agree to the following:

You will receive notifications regarding your upcoming tasks, meetings, calls, appointments, etc., via SMS to the primary contact number associated with your Big Rig CRM account (“SMS System Notifications”).
The frequency of such SMS System Notifications depends on the notification preference set within your Big Rig CRM account.
You have the option to stop receiving SMS System Notifications by modifying your preference within your Big Rig CRM account.
Additionally, if you are from the US region: (a) you have the option to opt out from receiving SMS System Notifications by replying “STOP” to the mobile number from which the SMS System Notifications are received, and (b) you can reply “HELP” to the mobile number from which you receive the SMS System Notifications to get additional information. Standard SMS charges may apply for such responses to SMS System Notifications.
You acknowledge that neither Big Rig nor the network service providers are responsible or liable for any delays or failures in the message delivery.
To receive additional information about the SMS System Notifications, you can write to help@bigrigmedia.net.

F. Usage Limits for Big Rig CRM

Big Rig may prescribe usage limits in the Agreement. You must make sure that your usage is within the prescribed usage limits in order to avail uninterrupted service. You understand that Big Rig may restrict an activity if you reach the usage limit corresponding to such activity.

G. Terms for Use of API

Technical Skill. Integration of Big Rig CRM with Third Party Applications using APIs provided by Big Rig requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that you use the services of technically skilled persons for the integration. You agree that Big Rig is not liable for any loss and corruption of data caused due to errors or defects in the integration. You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that Big Rig will not be liable for the consequences of accessing or using any unexposed functionality of the API.
API Deprecation. Big Rig, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version. In both cases, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter “Deprecated Version”). When Big Rig decides to deprecate the current version of the API, you will be informed about such deprecation through a service announcement. For a period of six months following announcement of deprecation (hereinafter the “Deprecation Period”), Big Rig will use commercially reasonable efforts to support the Deprecated Version. You understand that Big Rig is not obliged to provide the features of the newer version in the Deprecated Version. Big Rig, in its discretion, may cease supporting the Deprecated Version during the Deprecation Period if Big Rig is required to do so by law, you have breached any provision of these T&C’s, or Big Rig determines that supporting the API is likely to result in a security risk to Big Rig.
API Usage Limits. Big Rig may prescribe usage limits, including limits on the number of calls, number of records per call, bandwidth usage, and frequency of calls. You are required to adhere to the usage limits prescribed by Big Rig in order to avail uninterrupted service. You understand that Big Rig may restrict an activity if you reach the usage limit corresponding to such activity and that an API call may either fail or be partially executed if the usage limits are reached before or during an API call.

IV. IndioApp

General Use

Site Overview. We offer a digital platform that enables you to book accommodations at RV resorts, campgrounds, and other vendors and partners (“Parks”). Big Rig operates IndioApp on behalf of Enterstate LLC, the developer of the app. You acknowledge that we have the right, but do not have any obligation, to monitor the use of IndioApp and verify information provided by the Parks. For example, we may review, disable access to, remove, or edit content to:

Operate, secure, and improve IndioApp (including for fraud prevention, risk assessment, investigation, and customer support purposes);
Ensure users’ compliance with these T&C’s;
Comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body;
Address content that we determine is harmful or objectionable;
Take actions set out in these T&C’s; and
Maintain and enforce any quality or eligibility criteria.

Eligibility. IndioApp is not intended for children under the age of thirteen (13) and you must be at least eighteen (18) years of age or older to access and/or use IndioApp. By accessing and/or using IndioApp, you represent and warrant that you are at least 18 years of age. No one under the age of 18 may use IndioApp, or provide any information on IndioApp or to us. The Children’s Online Privacy Protection Act requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of 13. Big Rig does not knowingly collect or solicit information from children under the age of 13. If we learn we have collected personal information from a child under the age of 13, we will delete the information. If you think someone under the age of 13 has provided us with personal information, please contact us at help@bigrigmedia.net.

Searchable Features. IndioApp provides ways for you to find accommodations at various Parks. You can search IndioApp using criteria like the type of property, travel dates, and destination. Search results are based on their relevance to your search and other applicable criteria. However, we do not guarantee that you will be able to match your specific needs with any third party found through the Site, or that such third parties are able or willing to complete your request.

No Guarantees or Endorsements. We make no guarantees, warranties, or representations regarding the Parks listed on IndioApp. We do not endorse or recommend the services of any particular Park. We do not independently verify their representations about their property, nor validate any reviews. It is entirely up to you to evaluate their qualifications, and to enter into an agreement with them, and we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of IndioApp.

Booking. When you make a reservation, you agree to pay all the fees and/or stated charges related to your reservation, including without limitation, service fees and/or taxes. When you make a reservation, you are forming an agreement directly with the applicable Park. Any specific rules, regulations, and policies (“Rules”) identified in the listing or during the checkout form a part of your agreement with the Park. You are responsible for confirming that you, and anyone you invite, meet and comply with the Rules. You are responsible for providing the Park with any information that may impact your ability to use the Park.

Cancellation; Modification. In general, if you cancel a reservation, the amount refunded to you is determined by the applicable Park’s cancellation policy that applies to your reservation. Any additional service fee charged to you may be refunded pursuant to the cancellation policy presented in the applicable listing. Both you and each Park are responsible for any modifications made to your reservation, and you agree to pay any applicable fees related to such reservation modification.

Payment. Your payment is processed by the applicable Park. You acknowledge and agree that you will be liable for all fines, chargebacks, refunds, and other expenses incurred in the enforcement of any third-party provider agreements and further agree to reimburse us and/or the relevant Park(s), as applicable, for any and all fines, chargebacks, refunds, and other expenses incurred related thereto.

Use of Services and Availability. Use of IndioApp is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable. We retain the right, in our sole and absolute discretion, to deny service and/or access to and/or use of IndioApp to anyone at any time and for any reason without liability. While we use reasonable efforts to keep IndioApp accessible, it may be unavailable from time to time. You understand and agree that there may be interruptions to IndioApp and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control, for which we will bear no responsibility.

Errors, Inaccuracies, Omissions, and Performance. Occasionally there may be information on IndioApp that contains typographical errors, inaccuracies, and/or omissions that may relate to services, estimates, rates, costs, local customs, contact information, address, and events. We reserve the right to: (a) correct any errors, inaccuracies, and/or omissions; and/or (b) make changes to content, descriptions, and/or other information without obligation to issue any notice of such changes, except as prohibited by law.

User Verification. We may, in our sole discretion, verify a user’s identity prior to allowing such user to access and/or use IndioApp. We may, without liability, refuse to process any booking, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud, and/or known and/or potential violations of the law and/or these T&C’s. You understand that IndioApp acts only as a platform that provides users with the ability to search and book Park accommodations. We do not verify the information and/or the qualifications of organizations, vendors, and/or other users of IndioApp, nor do we evaluate or control in any ongoing manner exchanges between users. Any reviews, opinions, or statements expressed by a user are those of the user alone, are not to be attributed to us, and we do not take on any liability related thereto. We cannot and do not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality, and/or applicability of anything said, written, posted, displayed, and/or otherwise made available by any user on and/or in relation to IndioApp.

Proprietary Rights and Limited License to Use IndioApp

Ownership. IndioApp, any content and/or service on IndioApp, and the infrastructure used to provide IndioApp are proprietary to us, our affiliates, and/or our licensors. By using IndioApp and accepting these T&C’s, Big Rig grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use IndioApp for the purpose of browsing its content, inquiring about and/or purchasing any of the products or services offered, participating in an interactive area hosted on IndioApp, or for any other purpose clearly stated on IndioApp, all in accordance with these T&C’s and any additional terms and policies set forth by us. Neither these T&C’s nor your use of IndioApp conveys and/or grants to you any rights: (a) in or related to IndioApp except for as expressly set forth herein; and (b) to use or reference in any manner our names, logos, product and service names, trademarks, or service marks or those of our licensors.

Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics, and/or any other content on IndioApp, as well as the organization and layout of IndioApp, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Big Rig and Enterstate and/or its third-party providers reserve all right, title, and interest in and to IndioApp and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Materials Provided to Us or Posted on IndioApp. Please carefully choose the information that you post on, through, and/or in connection with IndioApp. You may provide, post, and/or upload photographs, images, advice, content, information (including personally identifiable information), video, audio, sounds, descriptions, comments, reviews, responses, posts, messages, receipts, and/or any other material (“Your Content”) submitted or transmitted through IndioApp and/or communication facilities that may be offered on, through, and/or in connection with IndioApp from time to time. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, and/or reliability. You also represent that you own, and/or have the necessary permissions to use and authorize use of, Your Content as described in these T&C’s. You hereby grant Big Rig, its affiliated companies, third-party service providers, and sublicensees a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use, copy, distribute, transmit, publicly display, reproduce, edit, and/or reformat Your Content in order to provide IndioApp and related products and/or services. You further hereby irrevocably grant the Parks and other users the right to access and/or use Your Content in connection with their use of IndioApp in accordance with these T&C’s. You shall not imply that Your Content is in any way sponsored and/or endorsed by us.

Feedback. If you provide us (in a direct mail, email, and/or otherwise) with any feedback, suggestions, improvements, enhancement requests, corrections, ratings and reviews, recommendations, feature requests, and/or other feedback provided by you or others relating to IndioApp (“Feedback”), then you will own this material; however, you grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback and material. We have no obligation to review any Feedback and may use and/or redistribute Feedback for any purpose without restriction in its sole and absolute discretion.

Modification of These T&C’s

We reserve the right to change the terms, conditions, and notices under which IndioApp is offered, including but not limited to the charges associated with the use of IndioApp. If we make changes and/or modifications that affect your access to and/or use of IndioApp, we will provide a notice of such changes only by posting the updated T&C’s on IndioApp and we will change the “last updated” date set forth above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your use of IndioApp following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the app after the effective date of the changes. Please revisit these T&C’s regularly to ensure that you stay informed of any changes.

Your Email Address and Data; Communications; Our Privacy Policy; Data Transmittal

Account. You may establish an account through IndioApp. Your account may require you to provide contact information and other forms of authentication as determined by us in our sole and absolute discretion. You agree to maintain the confidentiality of your logon, ID, and password information, and you are responsible and liable for all transactions and activities related to your account. When setting up an account, you are required to (a) abide by all applicable laws, rules, and regulations, as well as indicate agreement to these T&C’s, (b) provide contact information, and (c) submit any other form of authentication required during the enrollment process, as determined by us in our sole and absolute discretion. If you establish an account with us, you agree to provide true, accurate, and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using IndioApp. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by us in our sole and absolute discretion. You understand and agree that we shall have no responsibility for any incident arising out of, or related to, your account settings and/or authorized users within your account. Your account is non-transferable and may not be sold, combined, and/or otherwise shared with any other person. If you violate any of these limitations and/or these T&C’s, we may terminate your account immediately.

Privacy; Email Communication. When you provide your email address, name, or other information to us in connection with your use or access to IndioApp, any service or tool provided on IndioApp, or otherwise, you agree to allow IndioApp and its affiliated websites to add your email address, name, or other information provided to our database of users. You may receive one or more promotional emails or physical mailings from us. You are welcome to opt not to receive such promotional materials from IndioApp at any time. Please review our Privacy Policy for more information regarding our data collection practices and safeguards, and how to opt not to receive such emails.

When accessing and/or using the app, you are communicating with us electronically, and consent to receive communications from us electronically. We will communicate with you by posting notices on IndioApp or by email if you provide your email address to us. You acknowledge and agree that all agreements, notices, disclosures, and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SMS, Data Charges, and Mobile Phones

SMS Text Service. You authorize Big Rig and its affiliates, vendors, and/or partners to send calls or text messages, including messages that may originate from an automatic dialer to the mobile phone number provided. Through this program you will receive communications on your mobile device. By opting in for text messaging service, you, the user, agree to these T&C’s as well as our Privacy Policy as it pertains to specific usage of text messaging service. You are not required to consent to receive marketing messages or required to agree to the receipt of such messages as a condition of reserving any property and/or purchasing any goods or services. You may revoke your consent to receive SMS messages at any time by replying “STOP.” Your carrier’s standard messaging rates apply to your entry or submission message, our confirmation, and all subsequent SMS correspondence. We do not charge for any content. However, downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All carrier charges are billed by and payable to your mobile service provider. Message and data rates may apply. By subscribing, you consent to receiving both transactional and promotional messages using automated technology. You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.

Data Charges. Data obtained from you in connection with this SMS service only includes your cell phone number, your carrier’s name, and the date, time, and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services or programs you request from us, and to otherwise operate, develop, and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in these T&C’s. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.

Links to Third Party Sites

IndioApp may contain advertisements and/or links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are 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. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We are not responsible for the contents, availability, or policies of any website or application accessed via a Linked Site, and have made no attempt to verify any information contained at such Linked Sites. Furthermore, we are not a party to or responsible for any access, use, or transactions you may engage in with third parties at such Linked Sites (including without limitation the purchase of third-party products and/or services), even if you learn of such parties from us. If you click on Linked Sites, you do so at your own risk and you acknowledge and agree that we are not liable for any claims and/or damages related thereto. We encourage you to be aware when leaving IndioApp and to read the terms and conditions and privacy notice of each Linked Site that you visit. We reserve the right to terminate any Linked Site at any time in our sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity, legality, and/or otherwise of any materials and/or information contained on such Linked Sites, as well as any products and/or services purchased through such Linked Sites.

No Unlawful or Prohibited Use

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

User Safety; Use of Communication Services; Prohibited Conduct

User Safety and Communication. We encourage safe communication and interaction through IndioApp. IndioApp 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. 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. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and/or to remove any materials in our sole discretion. Further, we reserve 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 our sole discretion. We may terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Personal Information Shared. You should exercise your best judgment when posting or sharing your personal information on the internet. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages, or information found in any Communication Service and, therefore, we specifically disclaim 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 Rig spokespersons, and their views do not necessarily reflect ours.

Prohibited Conduct. You agree that when you use IndioApp, including the Communication Service, you will not do or permit any of the following:

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 or publicity) unless you own or control the rights thereto or have received all necessary consents;
Upload or post anything that contains software viruses, worms, corrupted files, or any other harmful code, 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 email addresses, without their consent;
Create a false identity on IndioApp, misrepresent your identity, create an account for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape IndioApp or otherwise copy or data from IndioApp;
Override any security feature or bypass or circumvent any access controls or use limits of IndioApp;
Copy, use, disclose, or distribute any information obtained from IndioApp, whether directly or through third parties (such as search engines), without our consent;
Disclose information that you do not have the express consent to disclose such as confidential information of others;
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
Violate our intellectual property or other rights, including, without limitation, (a) copying or distributing our technology, unless it is released under open source licenses; and/or (b) using our trademarks in any business name, email, coding, or URL or script;
Copy any Big Rig API for use elsewhere or reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code from IndioApp or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by us without our express consent;
Rent, lease, loan, trade, sell/re-sell, or otherwise use, even if not monetized, data or content from or through IndioApp or the services provided on IndioApp, without our express written consent;
Use bots or other automated methods to access IndioApp or the services provided on IndioApp, add or download data or other information, or send or redirect messages;
Monitor IndioApp’s availability, performance, or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of IndioApp or the services provided on IndioApp;
Overlay or otherwise modify the services provided on IndioApp or their appearance (such as by inserting elements into the services provided on the Site or removing, covering, or obscuring an advertisement related to the services provided on IndioApp); or
Violate any applicable laws or regulations.

Liability; Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH INDIOAPP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BIG RIG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO INDIOAPP AT ANY TIME. ADVICE RECEIVED VIA INDIOAPP 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 RIG 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 INDIOAPP 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 RIG 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 RIG 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 INDIOAPP, WITH THE DELAY OR INABILITY TO USE INDIOAPP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH INDIOAPP, OR OTHERWISE ARISING OUT OF THE USE OF INDIOAPP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ENTERSTATE 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 INDIOAPP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING INDIOAPP.

Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to IndioApp and the related services or any portion thereof at any time, without notice. Upon termination, you agree to immediately discontinue use of IndioApp and/or related services that were promoted through IndioApp, and must provide a certified statement indicating compliance with this provision upon our request. If you violate, or if we have grounds to suspect that you violated, these T&C’s and/or other use parameters included on IndioApp, we reserve the right to suspend and/or terminate your access and/or account, and/or refuse your use of IndioApp (or any portion thereof) at any time.

Use Outside Defined Area

Please be aware that IndioApp is subject to United States laws, including laws governing privacy and security of your information. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship, or otherwise) the publication or availability of IndioApp and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on IndioApp. Those who choose to access IndioApp from other locations do so at their own risk and are responsible for compliance with applicable local laws. These T&C’s are written in English. To the extent any translated version of these T&C’s conflicts with the English version, the English version controls. In the event you are using IndioApp outside of the United States, you agree as follows: (a) you consent to having your personal data transferred to and processed in the United States; (b) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of ‘Specially Designated Nationals,’ you will not engage in commercial activities on IndioApp (such as advertising or payments); and/or (c) you will not use IndioApp if you are prohibited from receiving products, services, or software originating from the United States.

California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about us must be mailed to 10153 1/2 Riverside Dr Suite 119, Toluca Lake, CA 91602. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

V. Miscellaneous

Independent Contractor

Big Rig and you are independent contractors and nothing contained in the Agreement or these T&C’s places Big Rig and you in the relationship of principal and agent, partners, or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to the Agreement (including its formation), these T&C’s, or your use of the Web Services, Marketing Services, or the IndioApp, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Entire Agreement

Unless otherwise specified herein, the Agreement and these T&C’s constitute the entire agreement between you and Big Rig and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Big Rig with respect to the Web Services, Marketing Services, or the IndioApp. A printed version of these T&C’s and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these T&C’s 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 of the parties that these T&C’s and all related documents be drawn up in English. If any part of the Agreement or these T&C’s is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, 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 and these T&C’s shall continue in effect.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to:

Your use of the Web Services, the Marketing Services, or the IndioApp;
Any breach or violation by you of the Agreement or these T&C’s;
Your content (including without limitation claims related to intellectual property infringement);
Your violation of any law and/or the rights of a third party; and/or
Fraud you commit and/or your intentional misconduct and/or negligence.

Without limiting the generality of your indemnification obligations set forth in the preceding paragraph or your obligations set forth elsewhere in these T&C’s, in the event your payment method is flagged for “suspicious activity” — e.g., “suspicious payment,” “ad account suspension,” or “payment method rejection” — by platforms you access through us or we access on your behalf — e.g., by Google or Facebook — you will also indemnify or reimburse us, as applicable, for all ads spend, fees, and damages incurred by us due to your invalid payment method, faulty card, or previous account violations.

The terms of this section shall survive any termination of the Agreement.

Disputes/Arbitration

Informal Dispute Resolution. We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns outside a formal judicial or arbitrative forum. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us a reasonable opportunity to resolve any disputes or claims relating in any way to the Web Services, the Marketing Services, or the IndioApp, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy by contacting Big Rig Customer Support via email at help@bigrigmedia.net. In the course of the dispute resolution process, you must reasonably cooperate with the dispute resolution process by disclosing all facts and documents supporting your claim, responding promptly to our communications, and being available for at least one meet and confer conference among your and our legal counsel prior to your filing any formal claim. If you do not reasonably cooperate with the dispute resolution process, you agree to pay all of our costs and legal fees and expenses incurred in any related judicial or arbitrative procedure unless you obtain a specific ruling from the judge or arbitrator that you either did reasonably cooperate with the dispute resolution process or were not contractually or statutorily required to reasonably cooperate with the dispute resolution process. If we are not able to resolve your dispute within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting us within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted these T&C’s). To do so, you must write us at 10153 1/2 Riverside Dr Suite 119, Toluca Lake, CA 91602, Attn: Arbitration Opt-Out. If you opt out, neither you nor Big Rig can require the other to participate in an arbitration proceeding.
Arbitration. By using the Web Services, the Marketing Services or the IndioApp, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of the Agreement, these T&C’s or your use of the Web Services, the Marketing Services or the IndioApp. The arbitration will be conducted before a single arbitrator chosen by Big Rig and will be held at the AAA location chosen by Big Rig in Riverside County, California. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these T&C’s. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions and awards rendered by the arbitrator will be binding and final on all parties. An arbitration decision may be confirmed by any court with competent jurisdiction. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Big Rig alone. Claims may not be joined or consolidated unless agreed to in writing by all parties, and no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Big Rig in violation of this paragraph, you agree to pay Big Rig’s costs and attorneys’ fees and expenses incurred in connection with our enforcement of this paragraph.
No Mass Arbitration. If you are part of any group of 25 or more persons or entities seeking to arbitrate against us contemporaneously and engaging the same or coordinated counsel, you may not arbitrate against us and will be required to proceed against us in court as described in the lead-in Judicial Forum for Non-Arbitrable Claims below.

Exceptions to Agreement to Arbitrate. Notwithstanding anything herein to the contrary, either you and/or Big Rig may assert claims, if it qualifies, in small claims court in Riverside County, California, and Big Rig may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of IndioApp, breach of Big Rig’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial Forum for Non-Arbitrable Claims. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Big Rig agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the federal or state courts of Riverside County, California. Both you and Big Rig consent to the foregoing venue and jurisdiction.

Trademark Notices

Other Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Notices and Procedures 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 us at 10153 1/2 Riverside Dr Suite 119, Toluca Lake, CA 91602.

Headings

The headings herein are for convenience only and are not deemed interpretive of the Agreement or these T&C’s.

Waiver

No failure or delay by you or Big Rig to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of the Agreement or these T&C’s by any party to the Agreement shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer the Agreement or any of your rights or obligations thereunder without the prior written consent of Big Rig. Any attempted assignment in violation of this prohibition shall be null and void and of no force or effect whatsoever. Big Rig may assign our rights and obligations under the Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without your consent. The Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under the Agreement (other than failure to make payments when due for Web Services actually provided) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, pandemics or government responses thereto, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in the Agreement or these T&C’s, nothing therein or herein is intended, nor shall anything therein or herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions set forth in the Agreement or these T&C’s as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of the Agreement or these T&C’s with respect to its products or services against you as if it were a party to this Agreement.

Release; Indemnification

In addition to your recognizing that Big Rig is not a party to any contract between users, you hereby release us, our affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another user, whether it be at law or in equity that exist as of the time you enter or otherwise agree to these T&C’s. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the products and/or services provided to user and/or Big Rig and requests for refunds based upon disputes.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

This release will not apply to a claim that we failed to meet our obligations under the Agreement or these T&C’s.

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