Thank you for using BigMama.ca. These Terms of Use set forth the policies, rules, and regulations that govern your use of the BigMama.ca website (the "Website" or "Site") and any related Big Mama products (the "Products") or services (the "Service(s)").
The Service is an online rental, purchase, and sale service through which Users can rent Products from Big Mama (delivered by Big Mama or a third party) for a specified period of time, can purchase Products from Big Mama (delivered by Big Mama or a third party), and can sell Products to Big Mama. Products include, but are not limited to, textbooks, study guides, lecture notes and incidental products.
To use the BigMama.ca Service you must be a resident of Canada with a valid Canadian address, you must have attained the age of majority in your province of residence and have a valid credit card.
Big Mama wants you to be completely happy with your rental or purchase. If you are not completely satisfied with any Product rented or purchased through Big Mama, you may return the Product for a full refund within thirty (30) days of the day your order shipped subject to the terms and conditions set forth in our Return Policy.
By using and/or visiting this Website (which includes all Content available through BigMama.ca and any successors to BigMama.ca and any entities controlled by Big Mama, all of which are collectively referred to as "BigMama.ca"), you signify your agreement with and consent to these terms and conditions (the "Agreement") and also consent to the terms of Big Mama's Privacy Policy the terms of which are incorporated into this Agreement by reference.
This Agreement describes the terms and conditions under which you may use the Site. This Agreement is a legally binding agreement between Big Mama Student Services Ltd. ("Big Mama") and you, the user of the Site (the "User").
If you use the Site as an employee of, on behalf of, or for the benefit of your employer or other entity, you represent to Big Mama that you have the power and authority to accept this Agreement on behalf of your employer or the other entity.
If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company or other entity, you may not use this Site and Big Mama is unwilling to grant you access to the Site.
Big Mama may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement.
By accessing the Site you acknowledge that you have read, understood and accept this Agreement. This Agreement was last revised on December 20, 2010.
If you do not agree to any of these terms or any part of this Agreement, then you may not use the BigMama.ca Website or the Service.
You must be at least of the age of majority or older in your province of residence. You agree to provide true, accurate, current and correct information about yourself. You also agree to maintain and update your information on your My Account page. If you do not access your account within two years, Big Mama has the right to cancel your account in its sole discretion.
You affirm that you are of the age of majority in your province and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with this Agreement.
As the Website is not intended for children under 13, if you are under 13 years of age, then please do not use the BigMama.Website cathere are lots of other great web sites for you. Talk to your parents about appropriate sites.
In this Agreement, "you" and "your" refer to each user or customer, and "we", "us" and "our" refer to Big Mama. This Agreement explains our obligations to you, and your obligations to us in relation to the Products and Services that you rent ("Rent" or "Rental"), use or purchase from Big Mama. This Agreement applies regardless of whether you have paid for such Rental or if you have received a free Rental as part of any promotion or other program.
During your rental period, all Products remain the full property of Big Mama. Your acceptance of the Product and payment of rental fees entitles you to use the property of Big Mama for a limited amount of time and binds you to our Terms of Use. At the end of the rental period, you exit out of the Terms of Use and lose all rights to the Product.
Big Mama guarantees that our Products will arrive to you in good condition. If you receive the wrong Product or a Product that is damaged, you must notify Customer Service immediately. Once you do, our 30 Day Satisfaction Guarantee gives you the option of choosing between getting a replacement book sent at no extra cost, or returning the book for a full refund, less shipping charges.
If you opt for a replacement, Big Mama will email you a free shipping label to return the damaged Product. To avoid being charged for keeping the original Product, the damaged Product must be sent back with the provided shipping label no later than 14 days after receiving the replacement Product.
Products are required to be kept in like-new condition. You are responsible for the damage to or loss of a Product and will be charged fees if damage is sustained. Damage includes without limitation: hand-writing, drawings, pictures, excessive highlighting, water damage, stains, torn pages, and/or any condition which renders the textbook unusable.
If a Product is returned to us damaged and rendered unusable, it will remain the property of Big Mama and you may be charged an amount up to the Replacement Fee for the book. For examples of like-new and damaged books and their corresponding damage fees, please refer to the descriptions below.
Light damage to the cover (markings on the inside or outside, or portions ripped off) or pages (medium to large creases, tears, stains, or liquid damage) is present.
The cover is noticeably damaged or missing. Pages are stained, missing, illegible, or otherwise warped. There is heavy writing and/or highlighting throughout the book. Any other case that renders the book unusable will also result in a major damage fee.
Where a Product is part of a bundled package (common examples include, without limitation, textbook and study guide packages, anthologies, and multi-volume sets) damage to or loss of one portion of the bundled package will constitute Major Damage to or loss of the entire Product and the Replacement Fee will apply.
Except as otherwise provided in this Agreement, you agree that we may, without notice to you:
and that the revisions or changes will apply to any Rentals or purchases or sales of Products or Services you subsequently make through BigMama.ca. It is therefore important that you review these Terms of Use regularly to ensure you are aware of any changes.
This Website and the Service may contain links to or from other sites on the Internet that are owned and operated by third parties, including third parties with whom Big Mama has a contractual or strategic relationship. You acknowledge that Big Mama is not responsible for the operation of or content located on or available through any such site. Your use of such third party sites, and products and services available through such sites, is governed by the terms applicable to such third party sites.
We hate spam and consider your privacy to be of the utmost importance. Our personal information practices are governed by our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy on our Website at (www.BigMama.ca) to understand our practices.
We and our affiliates may also use (but will not disclose) your email to promote and market additional goods, services and special offers to you that we believe will be of interest. You can elect not to receive such information by exercising the opt-out shown at the time your email address is requested.
We may collect your information, such as Rental or purchase history, and aggregate it with other data for statistical purposes, and share such aggregated data with our affiliates. However, you will not be identified by such aggregate data.
ALL PRODUCTS AND SERVICES RENTED, SOLD OR PROVIDED FROM OUR BIG MAMA WAREHOUSES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS (INCLUDING THE CONTENT OF SUCH PRODUCTS), SERVICES AND THE BIG MAMA WEBSITES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE HAVE NO RESPONSIBILITY FOR ANY PATENT OR LATENT DEFECTS IN ANY PRODUCTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT PROVIDED BY OR THOUGH OUR BIG MAMA WEBSITES OR FOR ANY CONTENT IN ANY PRODUCT RENTED OR SOLD FROM OUR BIG MAMA WAREHOUSES, OR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN OUR SEVICE(S). IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR BIG MAMA WEBSITES IS ACCURATE COMPLETE OR CURRENT.
IN NO EVENT SHALL WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS AND ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING FOR LOSS OF USE, DATA OR PROFITS, OR DAMAGE TO EQUIPMENT, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS (INCLUDING THE CONTENT OF SUCH PRODUCTS), SERVICES OR THE BIG MAMA WEBSITES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE.
THE TOTAL AGGREGATE LIABILITY, IF ANY, OF US, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS OR ASSIGNS, FOR ANY AND ALL LOSSES OR DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCTS (INCLUDING THE CONTENT Of SUCH PRODUCTS), SERVICES OR THE BIG MAMA WEBSITES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR BREACH OF CONTRACT, DAMAGES FOR INJURIES TO PERSONS (INCLUDING DEATH) OR PROPERTY, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY, IS LIMITED TO THE RENTAL FEE. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS YOUR EXCLUSIVE REMEDY.
You agree that the terms and conditions of this Agreement are severable. If any term or condition is declared invalid or unenforceable by a court of competent jurisdiction, that term or condition will be deemed to be invalid only to the extent of such invalidity or unenforceability, and the remaining part, and all other terms and conditions of the Agreement, will remain in full force and effect.
You agree that this Agreement and any agreement incorporated by reference is the complete and exclusive agreement between you and Big Mama regarding the subject matter herein and supersedes all prior agreements, representations and undertakings, whether established by custom, practice, policy or precedent. There are no understandings, inducements, commitments, conditions, representations or warranties of any kind, whether direct, indirect, collateral, express or implied, oral or written, other than as set out in this Agreement. This Agreement may only be modified in writing signed by our authorized representative. These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Big Mama signs them or not.
You may not assign this Agreement, or any rights or obligations, to any person. We may assign this Agreement, and any rights or obligations, to any person at any time, with or without notice to you.
All notices to be provided by either party to this Agreement to the other shall be in writing and shall be validly given if sent by email, personal or courier delivery or by ordinary mail as follows:
Any notice sent by email shall be deemed to have been received upon receipt, by personal or courier delivery on the date of delivery, and by post on the 5th calendar day after mailing.
Any provision of this Agreement, which expressly or by its nature survives termination or completion of this Agreement, including Sections 4, 5, 6, 7, 8 and 12, and all releases, indemnities, waivers and disclaimers, shall survive such termination or completion of this Agreement until they are satisfied or by their nature expire.
You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of British Columbia, Canada, excluding its conflicts of law rules.
You and we each submit to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the Province of British Columbia.
You agree that any action, suit or application will be brought and heard in Vancouver, British Columbia, Canada and hereby waive any argument you may have that such location is not convenient for you.
The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties aux pr&eactue;sentes confirment leur volont&eactue; que cette convention, de même que tous les documents, y compris tout avis, qui y rattachent, soient r&eactue;dig&eactue;s en langue anglaise.
You may change your contact information at any time by visiting your My Account page.
As a User, you agree to pay a Rental Fee, shipping fees, any applicable tax and any other charges you may incur in connection with your use of Big Mama Products. You also agree that we are permitted to charge your credit card a Replacement Fee, any applicable tax and any other charges you may incur in connection with your use of BigMama.ca.
All fees and charges are non-refundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
We will bill your credit card for the amount of your BigMama.ca orders and any ancillary fees until your account is suspended or you terminate your account with us and all Outstanding Rentals are returned to Big Mama. "Outstanding Rentals" are those rentals listed as currently out to you on your Bigmama.ca Account Page. In the event you fail to pay your Rental Fee, any other applicable fees, any applicable tax and any other charges you may incur in connection with your use of BigMama.ca, Big Mama may take all remedies against you to collect such fees owed and may recover from you all costs and expenses incurred by Big Mama to collect such fees, including reasonable lawyer's fees and expenses and such fees and expenses as are incurred by Big Mama personnel in the collection of such fees.
You agree that your failure to abide by any provision of this Agreement may be considered by Big Mama to be a material breach of this Agreement and that we may provide to you a written notice to the last e-mail address for you on record with BigMama.ca describing this breach to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to Big Mama, that you have not breached this Agreement, Big Mama may suspend your account and rental privileges without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
Big Mama respects and protects the intellectual property rights associated with the Products. Accordingly, and notwithstanding the foregoing, Big Mama will charge you the List Price of the Products if Big Mama becomes aware, as determined in its sole discretion, that you have copied, reproduced or altered the Products in a manner that violates this Agreement.
Upon cancellation of your account, you will be given ten (10) business days to return any outstanding rentals. Failure to return such rentals will result in your credit card being charged the List Price for such items.
Big Mama uses UPS Ground Service pre-paid, to deliver Products to and to receive Products from you. Return shipping fees are paid by Big Mama. Actual delivery times may vary depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order, and (iv) circumstances impacting delivery by UPS. We will send you an email letting you know when we have shipped your Products and the anticipated time of delivery. Please use the tracking number shown in the Order Confirmation email sent to you to follow up on the delivery of your order. Big Mama is not responsible for delayed or misdirected parcels.
You acknowledge that all Products are the property of Big Mama unless purchased by you. You may not copy or alter any rented Product in any way. You acknowledge that Big Mama has no right to grant a license or any intellectual property right whatsoever in the work embodied in any rented Products.
You agree to limit your use of all rented Products to using the Products in a private, non-commercial manner. You acknowledge that it is your sole responsibility to obtain all required permission(s) from the owner(s) of the copyright if you choose to use or authorize the use of the work embodied in any rented Product in a manner other than a private, non-commercial use.
Product Rental requests are fulfilled Monday to Friday during regular business hours. We will send you a confirmation email when we send you a Product or when you return a Product. You can view your current rental items by visiting your My Account page.
Occasionally you may misplace a rented Product. If you have lost a Product, you must report it lost to Big Mama as soon as possible. Big Mama will charge you the Replacement Fee for the Product and continue providing future rentals on an ongoing basis. Should you refuse to pay the Replacement Fee for the Product which you have lost, Big Mama may suspend or cancel your rental privileges in its sole discretion and take such steps as necessary to recover the cost of the lost Product, including, but not limited to, the institution of legal proceedings against you. Refusing to pay for a Product which you have lost will be considered a material breach of this Agreement.
Occasionally rented Products may be stolen in transit. Big Mama treats reports of such incidents very seriously, and requires completion of a Stolen Product Form, to assist authorities in investigating such incidents and to minimize future occurrences. A copy of this form will be provided to UPS and to police authorities for investigation. In cases where Products have been reported stolen, Big Mama reserves the right to suspend service until a Stolen Product Form has been completed, whereupon Big Mama may, in its sole discretion, resume service and send a replacement of the Stolen Product, discontinue service indefinitely, or cancel your account and charge you the Replacement Fee for any Product that is stolen. Big Mama will contact you to discuss this before charging your credit card.
Big Mama offers a selection of new and used Products for sale. At this time, Big Mama cannot accept orders by telephone, fax or e-mail. All orders must be placed online using a valid credit card. Sorry — Big Mama does not currently sell to non-Canadian residents or ship Products outside of Canada and does not accept alternate methods of payment.
Big Mama uses UPS to ship all Products via ground service. Actual delivery times may vary depending on (i) our inventory availability, (ii) your delivery address, (iii) when you place your order, and (iv) circumstances impacting delivery by UPS. We will send you an email letting you know when we have shipped your Product and the anticipated time of delivery. Big Mama is not responsible for delayed or misdirected parcels.
In the event the List Price of the Product (plus applicable taxes and any other charges you incur) cannot be collected with the credit card information you have provided, or in the event of non-payment, reversal of payment or charge back by a credit card company or other payment provider, Big Mama may take all remedies against you to collect such fees owed and may recover from you all reasonable costs and expenses incurred by Big Mama to collect such fees, including reasonable lawyer's fees and expenses and such fees and expenses incurred by Big Mama personnel in the collection of such fees.
Big Mama wants you to be completely happy with your purchase. If you are not completely satisfied with any new Product purchased through Big Mama, you may return the Product for a full refund within thirty (30) days of the day your order shipped subject to the terms and conditions set forth in our Return Policy.
The advertisements on this website are invitations to participate in the Big Mama rental program by signing up and submitting your orders, and are not offers to sell or rent Products. Your fully and properly completed and submitted order constitutes your offer to rent Products, and your submitted order shall be deemed accepted by Big Mama only upon Big Mama providing an order acceptance notice to your email address.
By accessing this Website or sending electronic mail to BigMama.ca you are communicating with Big Mama electronically and by doing so, you agree to receive communications from Big Mama electronically, including any notice required to be provided pursuant to this Agreement.
Intellectual Property RightsThe content on this Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Big Mama, subject to copyright and other intellectual property rights under Canadian, United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Big Mama reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the BigMama.ca Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BigMama.ca Website or the Content therein.
This Website and the Service are owned and operated by Big Mama. Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, bibliographic information, icons, and book cover images, as well as the selection, assembly and arrangement thereof, are the sole property of Big Mama and its licensors. You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website or through the Service and for no other purpose. In addition, you will not view, copy, or procure content or information from this website by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by Big Mama under separate written agreement. No materials from this Website or the Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Big Mama's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
If you want to report claims of intellectual property rights infringement to Big Mama, please contact us using the Contact Us page of this Website.
Portions of the bibliographic content included in the bigmama.ca Website and the Big Mama Service are supplied by Books In Print®. Copyright 2010 R.R. Bowker LLC. All rights reserved. All rights in images of books or other publications are reserved by the original copyright owners.
Limitations on UseUnless otherwise specified, all content on the BigMama.ca Website is for your personal and non-commercial use and we grant you a limited license to access the BigMama.ca Website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the BigMama.ca Website without our express written permission. Any unauthorized use of this website or its contents will terminate the limited license granted by us.
DisclaimersTHE MATERIALS, INFORMATION AND SERVICES PROVIDED AT THIS WEBSITE AND THROUGH THE BIG MAMA PROGRAMS DESCRIBED HEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND BIG MAMA, EXCEPT AS OTHERWISE PROHIBITED BY LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
BIG MAMA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON OR AVAILABLE THROUGH THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OR AVAILBLE THROUGH THE BIGMAMA.CA WEBSITE OR ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED OR MADE AVAILABLE HEREIN, OR FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE BIG MAMA TAKES GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS UNLESS OTHERWISE INDICATED. BIG MAMA RESERVES THE RIGHT TO LIMIT QUANTITIES.
Warranty DisclaimerYOU AGREE THAT YOUR USE OF THE BIGMAMA.CA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIG MAMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF THE WEBSITE. BIG MAMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIGMAMA.CA WEBSITE.
BIG MAMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BIGMAMA.CA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIG MAMA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of LiabilityIn no event shall Big Mama, its affiliates and/or parent, or any of their officers, directors, employees, agents or shareholders or other third parties identified at this website be liable to any party for any special, direct, indirect, incidental or consequential damages of any kind, or any damages whatsoever, including without limitation, damages resulting from loss of use, data or profits or business interruption, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use, inability to use, or the results of use of this website, any websites linked to this site, or the materials or information or services contained or available herein, whether based on warranty, contract, tort, statute or any other legal theory. If your use of the materials, information or services from this website results in the requirement to service, repair or correct equipment or data, you assume all costs and risks.
IN NO EVENT SHALL BIG MAMA, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIGMAMA.CA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BIG MAMA, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL BIG MAMA, ITS AFFILIATES AND/OR PARENT, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS BE LIABLE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FORMORE THAN TWENTY NINE CANADIAN DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
IndemnityYou agree to release, indemnify and hold Big Mama, its affiliates and/or parent, or any of their officers, directors, employees, agents or shareholders and assigns (in this section, also referred to as "we") harmless from all liabilities, claims, damages, costs and expenses, including reasonable lawyer's fees and expenses, relating to or arising from your membership or use of your membership or any Big Mama services. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by Big Mama to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your membership or use of your membership or any services offered by Big Mama, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all reasonable lawyer fees and expenses incurred by us with respect to such response.
You agree to defend, indemnify and hold harmless Big Mama, its affiliates and/or parent, or any of their officers, directors, employees, agents or shareholders and assigns against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer's fees) arising from: (i) your use of and access to the BigMama.ca Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the BigMama.ca Website
Copyright and Trade MarksCopyright © 2010 Big Mama Student Services Ltd. All rights reserved. All content on the BigMama.ca Website, including without limitation trademarks, graphics, text, logos, video clips and software remain the property of Big Mama Inc. or its suppliers and is protected by Canadian and international intellectual property laws. Any infringement of the rights in such a property will be protected by enforcement through the courts if necessary.
Right to Suspend by Big MamaBig Mama reserves the right, at any time, to suspend or terminate the account of any User with or without reason in Big Mama's sole discretion.
MiscellaneousThe Website is controlled and offered by Big Mama from its facilities in British Columbia, Canada. Big Mama makes no representations that the BigMama.ca Website is appropriate or available for use in other locations. Those who access or use the BigMama.ca Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.
This website is administered from the offices of Big Mama Student Services Ltd. in Vancouver, British Columbia, Canada. Access to the materials or services from territories where the contents of this website are illegal is prohibited. You may not use or export or re-export the materials or services at this website or any copy or adaptation in violation of any applicable laws or regulations including, but not limited to, Canadian and United States export laws and regulations. Access to this website is on your initiative at your risk and you are responsible for compliance with all applicable local laws.
The Agreement set out herein is governed by and will be construed in accordance with the laws of the Province of British Columbia and federal laws of Canada, as applicable, without giving effect to any principles of conflicts of laws. You agree that any and all actions, suits, claims or applications relating in any way to this Agreement or to any services offered by Big Mama will be brought and heard in Vancouver, British Columbia. Any claim or dispute between you and Big Mama that arises in whole or in part from the BigMama.ca Website shall be decided exclusively by a court of competent jurisdiction located in Vancouver, British Columbia, Canada.
You agree that:
This Agreement, together with the Privacy Notice and any other legal notices published by Big Mama on the Website, shall constitute the entire agreement between you and Big Mama concerning the BigMama.ca Website. YOU AND BIG MAMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIGMAMA.CA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Big Mama's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Big Mama reserves the right to amend this Agreement at any time and without notice. It is your responsibility to review this Agreement for any changes.
Your use of the BigMama.ca Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
You are authorized to view the materials on this website for personal, informational and non-commercial uses only. Reproduction without the express written permission of Big Mama is strictly prohibited. Unauthorized use of any materials at this website may violate copyright, trade-mark and other laws. If you breach any of this Agreement and legal restrictions, your authorization to use this website automatically terminates.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Big Mama without restriction.
Copyright © 2012 Big Mama Student Services Ltd. All Rights Reserved.
