By using any services ("Service") of Big Lobby, Inc. ("Big Lobby"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Account Terms
Contact Information
You must provide your full legal name, a valid email address, and a phone number at which you can be reached.
Profile
You must keep your Merchant Profile information up-to-date and accurate at all times. Big Lobby may, but has no obligation to, screen, modify, reject, or remove any information on your Merchant Profile containing what we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, unclear, inaccurate, or otherwise objectionable.
Illegal use
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Deals and Rewards
Community reward
All Big Lobby Merchants must offer and honor a Community reward at all times.
Responsibility
You are responsible for all Deals and/or Rewards posted under your account (even when Deals and/or Rewards are posted by others who have access to your account or accounts under your account).
Honoring Deals
You are obligated to honor any and all Deals and/or Rewards you offer through Big Lobby to any and all Big Lobby members that are entitled to those Deals and/or Rewards. Big Lobby reserves the right to automatically suspend or terminate your Service if we in our sole discretion determine you have not honored a Deal and/or Rewards as obligated.
Restrictions
Any and all Deal and/or Reward restrictions must be listed in the "Title", "Description", or "Restrictions" field of the Deal and/or Rewards depending on which type of Deal and/or Reward you are running. Big Lobby reserves the right to automatically suspend or terminate your Service if we in our sole discretion determine you have added unlisted restrictions to a Deal and/or Reward.
Modification
You may not modify a Deal and/or Reward once it is has been posted. Big Lobby may, but has no obligation to, agree to modify your Deal and/or Reward upon request.
Cancellation
You may cancel any Deal and/or Reward at any time but must honor that Deal and/or Reward for any and all Big Lobby members who gain access to the Deal and/or Reward prior to cancellation.
Screening
Big Lobby may, but has no obligation to, screen, modify, reject, or remove Deals and/or Rewards containing what we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, unclear, or otherwise objectionable content.
Subscriptions
Subscriptions
Big Lobby offers a number of Subscriptions packages ("Subscriptions").
Fees
All Subscriptions are billed in advance on a monthly or annual basis.
Acceptable cancellation
To cancel your Subscription you must login to your account, navigate to the "Settings" page, select the "Cancel Subscription" link, and press "Confirm" when asked to confirm the cancellation. If you do not complete the process as described then your Subscription will not be cancelled. A phone call or email request to cancel your Subscription is not considered cancellation.
Cancellation during the Minimum Period
Some Big Lobby Subscriptions require a Minimum Period. If you cancel your Subscription during the Minimum Period, then your cancellation will immediately take effect and you will immediately be charged a one time fee equal to all remaining payments due during the Minimum Period plus a penalty of two hundred and fifty dollars ($250.00).
Access after cancellation
Access to transaction records, customer profiles, and reports will be deleted immediately upon Subscription cancellation. Access cannot be restored after cancellation.
Promotions
Promotions
Big Lobby charges for some one-time promotions ("Promotions").
Fees
All Promotions are billed two (2) business days after they are no longer available to additional Big Lobby members. Charges are based solely on Big Lobby measurements unless otherwise agreed to in writing.
Payment Method, Refunds, and Termination
Payment method
A valid credit card is required for all paying accounts. It is your responsibility to notify Big Lobby if your credit card has changed or has expired and to make appropriate changes or your service may be suspended or terminated.
Authorization
You are authorizing Big Lobby to charge your credit card all applicable fees incurred by you or on your behalf in connection with your use of Big Lobby.
Fees, taxes, and levies
All fees are exclusive of all taxes, levies, or duties imposed by taxing authority, and you shall be responsible for payment of all such taxes, levies, or duties excluding only United States (federal or state) taxes.
Refunds
To the fullest extend permitted by law, refunds (if any) will be done at the sole discretion of Big Lobby.
Termination
Big Lobby, 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 for any reason at any time. In the event Big Lobby suspends or terminates your account for violation of these Terms of Service you will not be entitled to any return of any fees paid with respect to the terminated service. Big Lobby reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service, Prices, or Terms of Service
Service
Big Lobby reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason with or without notice at any time and from time to time.
Prices
Prices of all Services are subject to change upon thirty (30) days notice from Big Lobby. Such notice may be provided at any time by posting the changes to the Big Lobby website (biglobby.com) or the Service itself.
Terms of Service
Big Lobby reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.biglobby.com/term-of-service.
Liability
Big Lobby shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
General Conditions
Age Restrictions
You must be 13 years or older to use the Service.
As-is
Big Lobby services are provided by Big Lobby on an "as is" and "as available" basis. You expressly agree that your use of Big Lobby is at your sole risk. To the full extent permissible by applicable law, Big Lobby disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Big Lobby does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected.
Third party vendors
You understand that Big Lobby uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Reproduction
You agree not to modify, adapt, hack, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Big Lobby.
Abuse
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Big Lobby customer, employee, member, or officer will result in immediate account termination.
Content transmissions
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Damages
You expressly understand and agree that Big Lobby 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 Big Lobby has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
The conditions, covenants, and agreements contained in this Terms of Service shall inure to the benefit of Big Lobby, its subsidiaries, affiliates, successors, or assigns.
Headings
The headings and section titles in the Terms of Service are for convenience only and have non legal or contractual effect.
Applicable law
By using Big Lobby, you agree that the laws of the United States and, specifically, those of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Big Lobby or its affiliates. Any judicial action or proceeding arising out of or in connection with this Terms of Service shall be brought in the state of Illinois.
Entire agreement
The failure of Big Lobby to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Big Lobby and govern your use of the Service, superseding any prior agreements between you and Big Lobby (including, but not limited to, any prior versions of the Terms of Service).
Questions
Questions about the Terms of Service can be directed to the Big Lobby corporate office at (815) 456-4466.