Terms of Use Agreement
& Privacy Policy
for LifeInTheBigO.com
General
This LifeInTheBigO.com website (the "Service") is owned and operated by LifeInTheBigO, LLC, contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. As part of our Service, LifeInTheBigO.com agrees to provide you with information and other computer services subject to these Terms of Use. You agree to use the Service in accordance with these Terms of Use. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Use. Because the Web is an evolving medium, we may need to change these Terms of Use or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Use on this website. By continuing to use the Service after we post any such changes, you accept the Terms of Use, as modified.
License to LifeInTheBigO.com
By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting LifeInTheBigO.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Privacy
The following privacy policy governs our online collection of information from you. This privacy policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means; for example, at a live event, via telephone, or through the mail. We may collect and store information, personal or otherwise, that you voluntarily supply to us online as part of the Service. We also collect and store information that is generated automatically as users navigate online through the Service. Unless you inform us otherwise, LifeInTheBigO.com reserves the right to use, and to disclose to third parties, information collected from you while you are using the Service (e.g., your name and e-mail address) for a variety of reasons and purposes, such as providing users with information about products and services. If you do not wish to be included in such uses, you must send an e-mail or a letter to us requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third party vendors.
In addition, please keep in mind that whenever you voluntarily disclose personal information online, for example on message boards, through email, or in chat areas, that information can be collected and used by others besides LifeInTheBigO.com. LifeInTheBigO.com cannot be responsible for any unauthorized third party use of information that you disclose online.
We use "cookies" in a limited way to help deliver advertisements and to identify unique browsers that visit us and to track usage throughout our site. Some of our business affiliates and advertisers use cookies, which can be used to tell when your computer has contacted a web site. Because we do not control the privacy policies of our business affiliates, advertisers or any other sites to which we may provide hyperlinks, you should check the privacy policy of the site you are visiting if you have any concerns about that site's use of cookies or about that site's use of your information.
We also make some content, products and services available through our Service through cooperative relationships with third party providers, where the brands of our provider partner appear prominently on the Service. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider directly for more information.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we, some or all of our assets, or one or more of our websites is acquired by another company, information on our users may be among the transferred assets.
Children's Privacy Statement for LifeInTheBigO.com
This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.
Questions on Privacy
If you have any questions about the children's privacy statement, the privacy practices of LifeInTheBigO.com, or your dealings with LifeInTheBigO.com, you can contact:
LifeInTheBigO.com
PO Box 2399
Owensboro, KY 42304-2399
privacy@LifeInTheBigO.com
270-683-0797
Disclaimers
This Service includes links and pointers to Internet sites, content and services provided by third parties. LifeInTheBigO.com's linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither LifeInTheBigO.com, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by LifeInTheBigO.com. The materials, information, products and services offered on or through the Service and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, LifeInTheBigO.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. LifeInTheBigO.com does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
LifeInTheBigO.com does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not LifeInTheBigO.com) assume the entire cost of all necessary maintenance, repair or correction.
The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Any stock market related financial news may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Online Commerce
In addition, LifeInTheBigO.com may allow you to purchase many different types of products and services online that are provided by third parties. LifeInTheBigO.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the LifeInTheBigO.com or on a site linked to by LifeInTheBigO.com, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. LifeInTheBigO.com has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant website directly. You release LifeInTheBigO.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through LifeInTheBigO.com.
When you purchase products or services on or through the LifeInTheBigO.com, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to LifeInTheBigO.com or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
Use of Company Directories
The information contained in any company directories that may be provided on the Service is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will LifeInTheBigO.com or its suppliers be liable in any way with regard to such information.
Interactive Features
This Service may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to LifeInTheBigO.com and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user - you alone are responsible for the material you post. LifeInTheBigO.com does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:
Registration
To use certain features of the Service, you must register with LifeInTheBigO.com on the form provided. You agree...
Passwords
To use certain features of the Service, you will need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. LifeInTheBigO.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Copyright and Intellectual Property Rights
All website and software materials, including, without limitation, the LifeInTheBigO.com logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright (C) 2006 LifeInTheBigO.com, LLC. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of LifeInTheBigO.com or the respective copyright owner.
LifeInTheBigO.com Rights include rights to (a) the Service developed and provided by LifeInTheBigO.com; and (b) all software associated with the Service. The LifeInTheBigO.com Rights do not include third-party content used as part of Service, including the content of uploaded media appearing on the Service.
LifeInTheBigO.com grants you a limited license to make personal use only of the Service. Such grant does not include, without limitation:
You may not use, frame or utilize framing techniques to enclose any LifeInTheBigO.com trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without LifeInTheBigO.com's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a LifeInTheBigO.com name, trademark or product name without LifeInTheBigO.com express written consent.
LifeInTheBigO.com does not claim any ownership or copyright in any of the content, including any text, data, information,images,photographs, music, sound, video, or other material, that you upload, transmit or store in your LifeInTheBigO.com account.
LifeInTheBigO.com respects the intellectual property rights of others, and requires that the people who use the LifeInTheBigO.com Service do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
Copyright
LifeInTheBigO.com
PO Box 2399
Owensboro, KY 42304-2399
After receiving a claim of infringement, LifeInTheBigO.com will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, LifeInTheBigO.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. LifeInTheBigO.com will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, LifeInTheBigO.com will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, LifeInTheBigO.com will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless LifeInTheBigO.com's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the LifeInTheBigO.com system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
Trademarks
LifeInTheBigO.com, the LifeInTheBigO.com logo and the products and services described in this Service, including without limitation LifeInTheBigO.com are either trademarks or registered trademarks of LifeInTheBigO.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LifeInTheBigO.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of LifeInTheBigO.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LifeInTheBigO.com. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Content
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not LifeInTheBigO.com, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the LifeInTheBigO.com Service. No user shall transmit Content or otherwise conduct or participate in any activities on LifeInTheBigO.com Sites that, in the judgment of LifeInTheBigO.com, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
LifeInTheBigO.com reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, LifeInTheBigO.com shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. LifeInTheBigO.com, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by LifeInTheBigO.com to protect the rights, property, or personal safety of LifeInTheBigO.com Services' users and the public. LifeInTheBigO.com does not control the Content posted to the LifeInTheBigO.com Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LifeInTheBigO.com be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via LifeInTheBigO.com Services.
Each user, by using LifeInTheBigO.com Services, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
User Conduct
In using this Service, you agree:
Forums and Interactive Areas
This Service includes discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
LifeInTheBigO.com takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
LifeInTheBigO.com reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless LifeInTheBigO.com and its affiliates and parties with whom LifeInTheBigO.com has contracted for purposes of hosting or maintaining this Service from all claims based upon communications made or materials posted by others or the use by third parties of this Service.
Account Inactivity
After a period of inactivity, LifeInTheBigO.com reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
Termination and Cancellation
LifeInTheBigO.com may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
Except as set forth above or unless LifeInTheBigO.com has previously canceled or terminated your use of the Services (in which case subsequent notice by LifeInTheBigO.com shall not be required), if you have provided an alternate email address, LifeInTheBigO.com will notify you via email of any such termination or cancellation, which shall be effective immediately upon LifeInTheBigO.com's delivery of such notice.
Certain Sections of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
Linking
You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray LifeInTheBigO.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a LifeInTheBigO.com logo or other proprietary graphic or trademark of LifeInTheBigO.com to link to this Site without the express written permission of LifeInTheBigO.com. This limited right may be revoked at any time.
LifeInTheBigO.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of LifeInTheBigO.com and LifeInTheBigO.com is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. LifeInTheBigO.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by LifeInTheBigO.com of the site or any information contained therein. When leaving the LifeInTheBigO.com site, you should be aware that LifeInTheBigO.com's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Disclaimers of Warranties
The products, offerings, content and materials on this website are provided "as is" and without warranties of any kind, either express or implied. LifeInTheBigO.com disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.
Neither LifeInTheBigO.com, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
Neither LifeInTheBigO.com, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in this website in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement.
No Resale of Service
You agree not to sell, resell, or offer for any commercial purposes, any portion of the LifeInTheBigO.com Service, use of the LifeInTheBigO.com Service, or access to the LifeInTheBigO.com Service.
LifeInTheBigO.com may terminate a user's account in LifeInTheBigO.com's absolute discretion and for any reason. LifeInTheBigO.com is especially likely to terminate for reasons that include, but are not limited to, the following:
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Violations
Please report any violations of the Terms (except for claims of intellectual property infringement) to privacy@LifeInTheBigO.com.
Classified Advertising
When you submit a classified ad for publication on LifeInTheBigO.com, you agree that the advertisement as it appears on LifeInTheBigO.com becomes the property of LifeInTheBigO.com and you assign all ownership interest in the advertisement as it appears on the Service under copyright law or otherwise to LifeInTheBigO.com. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. LifeInTheBigO.com reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity
All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall LifeInTheBigO.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, LifeInTheBigO.com materials, products, or services, or third party materials, products, or services made available through the Service, or any part of the Service, even if LifeInTheBigO.com is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of LifeInTheBigO.com, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that LifeInTheBigO.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any LifeInTheBigO.com materials, products, or services, or with any of LifeInTheBigO.com's terms and conditions, your sole and exclusive remedy is to discontinue using the Service.
Termination
LifeInTheBigO.com may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.
Other
This agreement constitutes the entire agreement between LifeInTheBigO.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Use, these Terms of Use shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions were last modified on September 1, 2007.
Methods of Contact