Terms
of Use
Welcome to The Big Cats.com. The Big Cats and its affiliates provide their services
to you subject to the following conditions.
If you visit or shop at The Big Cats.com, you accept these conditions.
Please read them carefully. In addition, when you use any current or future service
or visit or purchase from any business affiliated with The Big Cats, whether or
not included in the thebigcats.com Web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
By accessing our website, you, the user, agree to the terms and conditions
we set out here. These terms and conditions may change at our discretion any time,
and without notice. All orders and purchases made through this site are also governed
by these terms and conditions.
Use of and orders placed on this website are governed by the laws and the courts
of the State of Iowa, and by the applicable laws of the USA. The user is also
responsible for complying with these laws. The United Nations Convention on Contracts
for the International Sale of Goods will not apply.
We may correct errors or inaccuracies and change or update information on this
website at any time without notice, including prices and item availability. All
prices listed are in US dollars and all charges will be processed in US dollars.
All prices listed on this site are subject to confirmation. You agree to pay all
charges payable for your order. We reserve the right to limit the quantity of
items that you may purchase. We also reserve the right to cancel orders at our
discretion.
We will use commercially reasonable efforts to deliver items as quickly as
possible, and within any time indicated. However, we are not responsible for delivery
delays beyond our control. We will endeavor to notify users if delivery is delayed.
All items are delivered by a third party, and delivery is governed by their shipping
contracts. We reserve the right not to ship to certain addresses.
Electronic Communications
When you visit The Big Cats or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your account
or password. The Big Cats does sell products for children, but it sells them to
adults, who can purchase with a credit card. If you are under 18, you may use
The Big Cats only with involvement of a parent or guardian. The Big Cats and its
affiliates reserve the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from The Big Cats are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
Copyright Considerations
All textual and graphic content on this site, its organization and presentation,
and our organization and domain name are our property, or otherwise licensed by
The Big Cats, and are therefore copyrighted by us in aggregate as well as individually,
unless the copyright is held by others as stated on the site. The materials on
this site may not be copied, reproduced, posted, or republished in any way. They
may be downloaded, displayed, or printed by the user for non-commercial and lawful
personal use only. Otherwise, the republication or use of these materials on any
other website without prior written consent from us is prohibited, and all rights
are reserved.
The trademarks, logos, and service marks displayed on this site are registered
and unregistered trademarks of The Big Cats and others, and so your own use of
them is prohibited.
Images of people used on this site are used with permission or in accordance
with applicable law. Reuse of them without permission may violate the privacy
and publication rights of those persons.
Using Linked Content
This site provides links to other websites. All those sites are independent from
The Big Cats, and therefore we have no control over, and no liability for, those
websites or their contents, or their use. We provide these links for your convenience,
and you decide to access them at your own risk.
User-Provided Content
By submitting content, users warrant that they have full right and authority to
submit that content, and that they have sole copyright and proprietary right over
that content. Users may not contribute, post or transmit unlawful, defamatory,
or threatening material, that which would constitute or encourage criminal offenses,
or violate any law. We reserve the right not to publish, or to remove, any content
we deem inappropriate for any reason whatsoever.
Our Liability
This website should be accessed and used at your own risk. Though reasonable efforts
have been made to ensure the website is current and contains no inaccuracies or
errors, no guarantees are made that the website's content will be error-free,
accurate, complete or current at all or any times. When a mistake is noticed,
we will correct it as soon as possible and make reasonable efforts to notify affected
users. This may mean that orders not yet shipped may be cancelled.
We are not responsible for lost, incomplete, illegible, misdirected or stolen
messages or mail, unavailable connections, failed, incomplete, garbled, or delayed
transmissions, online failures, hardware, software, or other technical malfunctions
or disturbances, whether or not these circumstances affect, disrupt, or corrupt
communications.
The Big Cats and its Directors, Officers, employees, or contractors are not
liable for any damages arising out of or related to access to or use of our site,
or sites we link to, whether or not these damages are foreseeable and whether
or not we have been advised of the possibility, including, without limitation,
direct, indirect, special, consequential, incidental or punitive damages.
THIS SITE IS PROVIDED BY THE BIG CATS ON AN "AS IS" AND "AS
AVAILABLE" BASIS. THE BIG CATS MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BIG CATS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE BIG CATS DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE BIG CATS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
This agreement between The Big Cats and you, the user, supersedes all prior
agreements and understandings pertaining to this subject matter.
Privacy & The Big Cats
Your consent to the use of the personal information you provide to The Big Cats
is outlined in our Privacy Policy.
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