Terms of Service

Updated: January 14, 2020
Terms of Service Agreement

The Bigfoot Owners Club International BOCI (“BO-CHEE”) is an I.R.S authorized member benefit non-profit corporation 501(c)(7) for Bigfoot Owners.

This Terms of Service Agreement ("Agreement") sets forth the terms of your use of the BOCI Website. By using the Website, you signify that you unconditionally agree to be bound by this Agreement and that you will comply with all state and federal laws and regulations. You further agree to comply with all local laws and rules regarding online conduct and acceptable content. If you do not agree to be bound by this Agreement, you must discontinue your use of the Website immediately.

We reserve the right to modify this Agreement at any time without giving prior notice to you. Therefore, you should regularly review this Agreement in order to determine the current terms of use. Any modification of the Agreement becomes effective upon its posting on the website. Your continued use of the Website signifies that you agree to be bound by the Agreement as modified.

Member Conduct

You hereby agree to refrain from engaging in any inappropriate conduct when using the Website. Inappropriate conduct will not be tolerated and may result in the termination of member privileges. Inappropriate conduct is any conduct deemed by the BOCI Website Administrator to be harmful to the online community, including, but not limited to the following:

  • posting any content deemed by us to be obscene, sexually explicit, vulgar, threatening, harassing, or abusive;
  • posting content containing nudity or violence;
  • soliciting personal information from anyone under 18 years of age;
  • providing a hyperlink to any website containing nudity or violence;
  • soliciting or promoting any criminal activity;
  • posting content which promotes hatred of any race, ethnicity, sex, gender, or religion;
  • transmitting unsolicited email to BOCI or any member;
  • impersonating any person or entity;
  • posting advertisements or any other form of commercial solicitation without express authorization from BOCI;
  • infringing the intellectual property rights of any third party, including copyright, trademark, patent, privacy, publicity or other personal or proprietary rights;
  • posting any defamatory or otherwise false information; and
  • posting or transmitting computer viruses or any other malicious software.

We assume no responsibility to monitor the BOCI forums but may do so at our discretion. Member posted content may be removed from the Website at any time without prior notice.

Hyperlinked Website

The Website may contain hyperlinks to other websites. If you leave the BOCI Website via a hyperlink, you do so at your own risk. We do not investigate the accuracy of content posted on such hyperlinked Websites, nor monitor them in any way. We do not endorse or approve the opinions expressed on any hyperlinked website and we are not responsible for the accuracy of the information provided therein. You should take precautionary steps to ensure that you are protected from harmful viruses, worms, Trojan horses, and other malicious software that may be contained in such hyperlinked Website.

Content Posted By Members

By posting content on the Website you warrant that you are the creator and owner of the posted content, or that you have obtained prior written consent to post said content from a third party owner. When posting content originating from any third party, you agree to conspicuously post the name of said third party adjacent to said posted content.

Procedure for Notifying BOCI of Copyright Infringement

Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact us and provide the following information:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Information describing where the allegedly infringing material is located on the BOCI Website.
  4. Your address, telephone number, and email address.
  5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.

Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.

Disclaimers

THE WEBSITE IS PROVIDED BY BOCI ON AN "AS IS" BASIS. BOCI MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OF THE CONTENT APPEARING ON THE WEBSITE OR ANY HYPERLINKED WEBSITE. BOCI DOES NOT ENDORSE THE OPINIONS EXPRESSED ON THE WEBSITE. BOCI IS NOT RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY MEMBER OF THE WEBSITE. BOCI MAKES NO WARRANTIES OR REPRESENTIONS OF ANY KIND CONCERNING THE GOODS OR SERVICES WHICH ARE ADVERTISED ON THE WEBSITE. BOCI IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY THE DOWNLOADING OF SOFTWARE OR OTHER MATERIALS BY ANY USER OF THE WEBSITE. BOCI IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED TO ANY COMPUTER OR ONLINE SYSTEM RESULTING FROM USE OF THE WEBSITE.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL BOCI, NOR ANY OF ITS MEMBERS, DIRECTORS OR AGENTS BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR COMPUTER MALFUNCTION RELATED TO OR ARISING OUT OF THE USE OF THE WEBSITE OR ANY HYPERLINKED WEBSITE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOCI BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THAT WHICH HAS BEEN PAID, IF ANY, BY YOU TO BOCI.

Indemnification

You agree to indemnify and hold harmless, BOCI, its members, directors and agents, from and against any and all claims, damages, and expenses, including reasonable attorney's fees, arising from your use of the Website.

Other

This Agreement constitutes the final agreement between you and BOCI, superseding all prior agreements. By using the BOCI Website, you agree to be bound by the Agreement. If any provision of this agreement is found to be void or unenforceable, that provision which is void or unenforceable shall be replaced with a valid provision which comes closest to fulfilling the purposes of this Agreement. The failure of BOCI to enforce a provision of the Agreement does not constitute a waiver of any provision of the Agreement. You agree that the laws of the State of California, without regard to conflicts of law provisions, will govern this Agreement and any dispute arising between you and BOCI. Any action brought against BOCI, its members, directors, or agents related to the use of the Website, must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts. Furthermore, BOCI or you may demand that any dispute between you and BOCI be submitted to confidential arbitration in California and will be conducted under the procedures of the American Arbitration Association. Please contact us at info@bigfootowners.com if you have any questions concerning this Agreement.

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