This document was last updated on November 12, 2009.

This Terms of Use Agreement sets forth the standards of use of the BIGHARDHAT online service. This service is owned and operated by BIGHARDHAT, INC. By using the BIGHARDHAT website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the BIGHARDHAT website. Your continued use of the service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service
   

   BIGHARDHAT, INC. is providing Member with an online resource for advertising and locating services. Member must (1) provide all equipment necessary for their own Internet connection, including computer and modem, (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties
   

   The site is provided by BIGHARDHAT, INC. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, BIGHARDHAT, INC. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. BIGHARDHAT, INC. shall have no liability for any interruptions in the use of this website. BIGHARDHAT, INC. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties and therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability
   

   BIGHARDHAT, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BIGHARDHAT, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BIGHARDHAT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification
   

   Member agrees to indemnify and hold BIGHARDHAT, INC., its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property, or any other right of any person or entity.

5. Registered Members
   

   All Registered Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities that occur under their account, whether authorized or not authorized. Member agrees to notify BIGHARDHAT, INC. of any unauthorized use of Member's account or any other breach of security known or that should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service beyond advertisement of Member's own services without the express written consent of BIGHARDHAT, INC. Member understands that inactive accounts may be deleted without notice after 60 days of inactivity.

6. Content
   

   All text, images, and other materials ("Content") posted on this website are the sole responsibility of the person from which the Content originated. BIGHARDHAT, INC. does not control and is not responsible for Content available through this Service. By using this Service you may be exposed to Content that is misleading, objectionable, or inaccurate. You agree to evaluate and bear all risks associated with the use of the Content, that Content may be unreliable, and that under no circumstances will BIGHARDHAT, INC. be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content. BIGHARDHAT, INC. reserves the right to delete any Content for violating the Terms of Use or for any other reason.

7. Modifications and Interruption to Service
   

   BIGHARDHAT, INC. reserves the right to modify or discontinue the Service with or without notice to the Member. BIGHARDHAT, INC. shall not be liable to Member or any third party should BIGHARDHAT, INC. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BIGHARDHAT, INC. does not guarantee continuous, uninterrupted, or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites
   

   Our website may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

9. Governing Jurisdiction of the Courts in the State of Delaware
   

   Our website is operated and provided in the State of Delaware. As such, we are subject to the laws of the State of Delaware, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Delaware.

10. Compliance with Laws
    

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. In addition, member agrees to not use service in any way directly or indirectly that:

    • is deceptive, libelous, misleading, illegal, or indecent.
    • violates any international, federal, state, or local employment laws.
    • discriminates based on race, color, religion, sex, national origin, disability, age, immigration status, or sexual orientation.
    
    
11. Notification of Claimed Copyright Infringement
    

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BIGHARDHAT, INC. designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

    BIGHARDHAT, INC.
    Attn: BIGHARDHAT Copyright Agent
    1800 Oak Park Blvd.
    Pleasant Hill, CA 94523
    E-Mail: copyrights@BIGHARDHAT.org
    

12. Other Terms
    

    If any provision of this Terms of Use Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BIGHARDHAT, INC., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.