Terms of Service
By using the BQool website (i.e. bqool.com, bigzata.com and other related websites where this agreement appears)(the “Site”), creating or using an account on the Site (“Account”), and/or accessing or using any products, services, or other features offered to you when you visit or shop at the Site (“Service”), you expressly agree to: (i) be bound by these terms of service (“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. BQool Inc. (“BQool”) reserves the right to modify the Terms of Service from time to time without notice. Any new features that augment or enhance the Account or Service, including the release of new tools and resources, shall be subject to the Agreement. Your use of the Site, Account, or Service after any such change or modification shall constitute your consent to such changes and/or the Agreement as modified. You can review the most current version of the Terms of Service at any time at: www.bqool.com.
Account Creation and Usage
- You must be a human to create, maintain, or use an account on this Site. Accounts registered by “bots” or other automate methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- An upgrade from any free trial account to any paying plan will end your free trial.You will be billed for your first month (monthly subscription) or first year (annual subscription) immediately upon upgrading.
- All fees are non-refundable (irrespective of actual usage). Fees are billed in advance on a monthly basis (monthly subscription) or annually basis (annual subscription) and must be paid in U.S. dollars via credit card. There will be no refunds or credits for partial months of service (monthly subscription), partial year of service (annual subscription), upgrade/downgrade refunds, refunds for days in which an account was unused (monthly subscription), or refunds for months in which an account was unused (annual subscription). No exceptions will be made.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Account or Service for any illegal or unauthorized purpose. You must not, in using the Account or Service, violate any applicable laws (including, but not limited to, intellectual property laws).
Payment, Refunds, Upgrading, and Downgrading
- You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by clicking on the Cancel button at the Current Subscriptions tab after you are logged into your Account.
- Your profile and all materials uploaded to your Account (“User Content”) will be deleted from the Account upon cancellation. This information cannot be recovered once your Account is cancelled.
- If you cancel your Account prior to the end of the month (monthly subscription) or prior to the end of the year (annual subscription) and you have fully paid all fees due and owing, the cancellation will take effect and you will not be charged again.
- BQool, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Account, User Content, or any other Service, for any reason at any time. Such termination of the Account will result in the deactivation or deletion of your Account, access to your Account, and the forfeiture and relinquishment of all User Content.
Modifications to the Account and Prices
- BQool reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Account or any Service with or without notice.
- Prices of all Accounts are subject to change upon 30 days’ written notice from BQool. Such notice may be provided at any time by posting the change on the Site.
- BQool shall not be liable for any modification, price change, suspension, or discontinuance of the Account or Service.
Copyright and Content Ownership
- All User Content posted on the Site must comply with applicable copyright laws.
- Subject to the foregoing Account Cancellation and Termination provisions, your User Content remains yours. However, by adding Authorized Users to your Account, you agree to allow others to view and share your User Content.
- BQool does not pre-screen User Content, but BQool and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Account or Site.
- The look and feel of the Site is copyrighted. BQool reserves all rights. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from BQool.
Limitation of Liability and Risk
- The exclusions and limitations on our liability for provision of the Account or Services under these Terms of Service do not apply in the case of: (i) the tort of deceit or fraud; (ii) death or personal injury cause by negligence; (iii) any liability to the extent that the same may not be excluded or limited as a matter of applicable law.
- In no event will BQool be liable for any loss or damages, including, but not limited to, any direct, indirect, consequential, special, exemplary, or other indirect damages arising out of or related to the Account, any Service, the Site, these Terms of Service, or the Agreement, even if such BQool has been advised of the possibility of such loss or damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the foregoing limitation may not apply to you. In such states, BQool’s maximum liability for all claims, actions, proceedings, losses, liabilities or costs (including legal expenses) sustained, incurred or suffered by you shall be limited for all such claims in aggregate to an amount equal to one hundred percent (100%) of the total fees paid by you to BQool under these Terms of Service in the twelve (12) consecutive months preceding the most recent claim.
- You agree that your use of the Account is at your sole risk. The Account is provided on an “as is” and “as available” basis.
- You understand that BQool uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Account and consent to the sharing of your personal information by BQool with these third party vendors for Account purposes.
- You must not modify, adapt, or hack the Account or modify another website so as to falsely imply that it is associated with the Service, BQool, or any other BQool service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or a access to the Service without the express written permission by BQool.
- BQool may remove content and Accounts containing content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property rights, these Terms of Service, or the Agreement.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any BQool Account holder, user, customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of information within or via your Account, including your content, may be transferred unencrypted and involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devise.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- BQool does not warrant that: (i) the Account or Service will meet your specific requirements;(ii) the Service or Account access will be uninterrupted, timely, secure, or error-free;(iii) the results that may be obtained from the use of the Service will be accurate or reliable;(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site or Account will meet your expectations; and (v) any errors in the Account or Service will be corrected.
- You understand and expressly agree that BQool shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BQool has been advised of the possibility of such damages), resulting from or relating to: (i) the use or the inability to use the Account, Service, or Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained from the Site, or via messages received or transactions entered into, through, or from the Site or Account; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; (v) or any other matter relating to the Site.
- The Agreement constitutes the entire agreement between you and BQool and governs your use of the Account, superseding any prior agreement between you and BQool (including, but not limited to, any prior versions of the Terms of Service).The failure of BQool to exercise or enforce any right or provision of the Terms of Service or Agreement shall not constitute a waiver of such right or provision.
- If any suit, action, or other proceeding is instituted to interpret, enforce, or rescind any provisions of the Agreement or to resolve any dispute about or involving the Site, Account, Service, Content, or Agreement, the prevailing party will be entitled to recover its reasonable attorney’s fees and costs incurred in the prosecution or defense of such suit, action, or proceeding.
- 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.