Terms of Use
The following Terms of Use contain the rules and conditions that govern your use of the BigTracker website (i.e. bigtracker.com, bqool.com and other related websites where this agreement appears) (the “Site”). By using or visiting the Site, you expressly agree to: (i) be bound by these Terms of Use, the Terms of Service, any additional terms and conditions that may be applicable to certain areas of the Site, content, or transactions, and all policies posted on the Site (collectively the “Agreement”), and (ii) abide by the Agreement and all applicable laws and regulations governing the Site. BQool Inc. (“Big Tracker”) reserves the right to modify the Agreement at any time, effective immediately upon posting on the Site. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. If you violate the Agreement, BigTracker may terminate your use of the Site, bar you from future use of the Site, cancel your order, and/or take appropriate legal action against you. You may review the most current version of the Terms of Use at any time at: www.bigtracker.com.

Use of Site

BigTracker offers products, services, and other features to you when you visit or shop at the Site (the “Service”). You may use the Site, and the information, writings, images, audio, video, and/or other works that you see, hear, or otherwise experience on the Site (the “Content”), to learn about BigTracker’s Service. No right, title, or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BigTracker retains complete ownership of all interest and intellectual property rights in all Content. BigTracker reserves the right to modify any Content or Service. Your use of the Site after such modification shall constitute your consent to such changes in the Content or Service. Except as expressly authorized by the Agreement, you may not use, alter, copy, distribute, or transmit any Content, or create a derivative work from any Content obtained from the Site.

Copyright

The Site and all Content are protected by U.S. and foreign copyright laws, and belong exclusively to BigTracker. You may download and reprint Content for your personal or business use, but you may not manipulate or alter in any way any images or other Content.

Trademarks

BigTracker owns rights in its name and logos, which may not be used without BigTracker’s written authorization. All other trademarks that appear on the Site are the property of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Site without the express permission of the trademark owner, except as permitted by applicable law.

Links to Third Party Websites

Links on the Site to any third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and may be subject to all terms and policies applicable to those websites. Such links do not constitute or imply an endorsement, sponsorship, affiliation, or recommendation by BigTracker of the third party, the third party website, or the information contained therein. BigTracker is not responsible or liable for any such website, the content thereon, or the availability thereof.

Linking to this Site

If you would like to link to the Site, you must first obtain BigTracker’s written consent. Unless specifically authorized by BigTracker, you may not “deep link” to the Site, i.e. create a link to this Site that bypasses the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other website or webpage.

Downloading Files

Big Tracker cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs.

Software

Any software available for download via the Site is the copyrighted work of BigTracker and/or its licensors. Use of such software is governed by the terms of the end-user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the applicable end-user license agreement.

Disclaimer of Warranties

BigTracker makes no express or implied warranties, representations, or endorsements whatsoever with respect to the Site, Content, or Service. BigTracker expressly disclaims all warranties of any kind(express, implied, statutory, or otherwise) to the fullest extent permitted by applicable law, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Site, Content, Service, and any product or service furnished or to be furnished via the Site. BigTracker does not warrant that the functions performed by the Site or Service will be uninterrupted, timely, secure, error-free, or virus-free or that defects in the Site or Service will be corrected. BigTracker does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The Site, Service, and Content are provided on an “as is” and “as available” basis. You agree that your use of the Site, Service, and Content are at your sole risk.

Limitation of Liability

In no event will BigTracker be liable for any damages, including, but not limited to, any direct, incidental, consequential, special, exemplary, or other indirect damages arising out of or related to: (i) the use of or inability to use the Site, Service, or Content;(ii) any transaction conducted through or facilitated by the Site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Site, Service, and/or Content; (iv) unauthorized access to or alteration of your transmissions or data; or (v) any other matter relating to the Site, Service, or Content, even if BigTracker has been advised of the possibility of such damages. If you are dissatisfied with the Site, Service, Content, or Agreement, your sole and exclusive remedy is to discontinue using the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, BigTracker’s liability is limited and warranties are disclaimed to the fullest extent permitted by law, and BigTracker’s liability for all claims, actions, proceedings, losses, liabilities or costs (including legal expenses) sustained, incurred or suffered by you shall, in no event, exceed US$100.00.

Indemnification

You understand and agree that you are personally responsible for your activity and behavior on the Site. You agree to indemnify, defend, and hold harmless BigTracker(and its employees, officers, directors, agents, shareholders, representatives, affiliates, parents, subsidiaries, related entities, predecessors, successors)and any third party service providers to BigTracker and/or the Site or of Service or Content from and against all claims, causes of action, disputes, demands, complaints, losses, expenses, penalties, damages (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), costs, and attorney’s fees, resulting from or arising out of your use, misuse, or inability to use the Site, Service, or Content, any violation by you of the Agreement, or your Submission (as defined below).

User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with rights of third parties.

Unsolicited Idea Submission Policy

BigTracker and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. The sole purpose of this policy is to avoid potential misunderstandings or disputes when BigTracker’s business activities, including products, services, or marketing strategies might seem coincidentally similar with one or more of the unsolicited ideas offered to us.
Please do not send your unsolicited ideas to BigTracker or anyone at BigTracker. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission, the following terms shall apply to your submissions:
(i) Your idea will automatically and irrevocably become the property of BigTracker, without any compensation to you; (ii) BigTracker will have no obligation to return your idea to you or respond to you in any way; (iii) BigTracker will have no obligation to keep your idea confidential; and (iv) BigTracker may use your idea worldwide for any purpose whatsoever, including giving your idea to others. However, BigTracker does welcome your feedback to improve its customer service. Feedback can be provided through the listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section below.

User Supplied Information

For all user supplied information (“Submission”), you guarantee, represent, and warrant to BigTracker that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity. Submissions containing your private information will be maintained in accordance with our Privacy Policy.

Violation of the Agreement

You understand and agree that in BigTracker’s sole discretion, and without prior notice, BigTracker may terminate your access to the Site, cancel your order, or exercise any other remedy available if BigTracker believes that your use is inconsistent with the Agreement or has violated the rights of BigTracker, another user, or the law. You agree that monetary damages may not provide a sufficient remedy to BigTracker for a violation of the Agreement and you agree BigTracker shall be entitled to injunctive or other equitable relief for any such violations.

General Provisions

  • The Agreement constitutes the entire agreement between you and BigTracker with respect to the subject matter hereof. No waiver by BigTracker of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  • The Content may contain errors or inaccuracies and may not be complete or current. BigTracker therefore reserves the right, but does not assume the obligation, to monitor and correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice.
  • The Agreement is governed by the laws of the Republic of China. If there is any dispute about or involving the Site, Content, or Agreement, by using the Site, you agree: (i) that the dispute will be governed by the laws of the Republic of China without regard to its conflict of law provisions; (ii) to submit to the personal jurisdiction of the courts located in the Republic of China; (iii) to venue exclusively in the courts located in the Republic of China; and (iv) not to commence any suit, action, or other proceeding other than the courts of the Republic of China, and waive to the fullest extent permitted by law, any claim that any such suit, action, or proceeding is brought in an inconvenient forum.
  • If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect.