1. ACCEPTANCE OF TERMS

Bigdoghub.com LLC. ("Bigdoghub") welcomes you. Bigdoghub provides the Bigdoghub services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Bigdoghub Services, you accept and agree to be bound by the terms and provision of the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS.

1. DESCRIPTION OF BIGDOGHUB SERVICES

Bigdoghub provides users with access to employment resources including, without limitation, various communications tools, Q/A sections on job postings, member resumes, job search services, and personalized content. You also understand and agree that the Bigdoghub may include advertisements and that these advertisements are necessary for Bigdoghub to provide the Bigdoghub services. You also understand and agree that the Bigdoghub services may include certain communications from Bigdoghub, such as service announcements, administrative messages and the Bigdoghub newsletter, and that these communications are considered part of Bigdoghub membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Bigdoghub services, including the release of new Bigdoghub properties, shall be subject to the TOS. You understand and agree that the Bigdoghub services is provided "AS-IS" and that Bigdoghub assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Bigdoghub services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Bigdoghub services.
You understand that the technical processing and transmission of the Bigdoghub services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

1. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Bigdoghub services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Bigdoghub services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Bigdoghub service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bigdoghub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bigdoghub has the right to suspend or terminate your account and refuse any and all current or future use of the Bigdoghub services (or any portion thereof).

1. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Bigdoghub service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to; (a) immediately notify Bigdoghub of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Bigdoghub cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

1. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, Q/As, videos, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the member. This means that you, and not Bigdoghub, are entirely responsible for all Content that you upload, post, answer, email, transmit or otherwise make available via the Bigdoghub services. Bigdoghub does not control the Content posted via the Bigdoghub services and, as such, does not guarantee the accuracy, integrity or quality of such Content. We are not liable and you agree not to hold us liable for any questions asked by user companies.  You understand that by using the Bigdoghub services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bigdoghub be liable in any way for any questions asked or answers offered by user employers or representatives of employers, content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Bigdoghub services.
You agree to not use the Bigdoghub services to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Bigdoghub official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Bigdoghub service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Bigdoghub services or servers or networks connected to the Bigdoghub services, or disobey any requirements, procedures, policies or regulations of networks connected to the Bigdoghub services, including using any device, software or routine to bypass our robot exclusion headers;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
12. "stalk" or otherwise harass another; and/or
13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a. through m. above.

You acknowledge that Bigdoghub may or may not pre-screen Content, but that Bigdoghub and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Bigdoghub services. Without limiting the foregoing, Bigdoghub and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Bigdoghub or submitted to Bigdoghub, including, without limitation, information in Bigdoghub question and answer areas and in all other parts of the Bigdoghub services.
You acknowledge, consent and agree that Bigdoghub may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Bigdoghub, its users and the public.
You understand that the Bigdoghub services and software embodied within the Bigdoghub services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Bigdoghub and/or content providers who provide content to the Bigdoghub services. You may not attempt to override or circumvent any of the usage rules embedded into the Bigdoghub services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Bigdoghub services, in whole or in part, is strictly prohibited.

1. INTERSTATE NATURE OF COMMUNICATIONS ON BIGDOGHUB NETWORK

When you register with Bigdoghub, you acknowledge that in using the Bigdoghub services to send electronic communications (including but not limited to email and question and answers for resumes and job postings), you will be causing communications to be sent through Bigdoghub's computer networks, portions of which are located in Texas. As a result, and also as a result of Bigdoghub's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

1. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE BIGDOGHUB SERVICES

Bigdoghub does not claim ownership of Content you submit or make available for inclusion on the Bigdoghub services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Bigdoghub services, you grant Bigdoghub the following worldwide, royalty-free and non-exclusive license(s), as applicable:

1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Bigdoghub Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Bigdoghub services solely for the purposes of providing and promoting the specific Bigdoghub Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Bigdoghub services and will terminate at the time you remove, or Bigdoghub removes, such Content from the Bigdoghub services.
2. With respect to photos, questions and answers, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Bigdoghub services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Bigdoghub services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Bigdoghub services and will terminate at the time you remove, or Bigdoghub removes, such Content from the Bigdoghub services.
3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Bigdoghub services other than Bigdoghub Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

1. INDEMNITY

You agree to indemnify and hold Bigdoghub and its subsidiaries, all user companies, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, respond to, transmit, modify or otherwise make available through the Bigdoghub services, your use of the Bigdoghub services, your connection to the Bigdoghub services, your violation of the TOS, or your violation of any rights of another.

1. NO COMMERCIAL REUSE OF BIGDOGHUB SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Bigdoghub services (including content, advertisements, software and your Bigdoghub ID).

1. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Bigdoghub may establish general practices and limits concerning use of the Bigdoghub services, including, without limitation, the maximum number of days that email messages, question and answer postings or other uploaded Content will be retained by the Bigdoghub services, the maximum number of email messages that may be sent from or received by an account on the Bigdoghub services, the maximum size of any email message that may be sent from or received by an account on the Bigdoghub services, the maximum disk space that will be allotted on Bigdoghub's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Bigdoghub services in a given period of time. You agree that Bigdoghub has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Bigdoghub services. You acknowledge that Bigdoghub reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Bigdoghub reserves the right to modify these general practices and limits from time to time.
Bigdoghub questions and answers on postings and resumes, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Bigdoghub accounts located on Bigdoghub servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Bigdoghub too. Your agreement to this TOS constitutes your consent to allow Bigdoghub to store these communications on its servers.

1. MODIFICATIONS TO BIGDOGHUB SERVICES

Bigdoghub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Bigdoghub services (or any part thereof) with or without notice. You agree that Bigdoghub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Bigdoghub services (or any part thereof).

1. TERMINATION

You may terminate your Bigdoghub account, any associated email address and access to the Bigdoghub services by submitting such termination request to Bigdoghub.
You agree that Bigdoghub may, without prior notice, immediately terminate, limit your access to, or suspend your Bigdoghub account, any associated email address, and access to the Bigdoghub services. Cause for such termination, limitation of access or suspension shall include, but not be limited to:  (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) discontinuance or material modification to the Bigdoghub services (or any part thereof); (d) unexpected technical or security issues or problems; (e) extended periods of inactivity; (f) engagement by you in fraudulent or illegal activities; and/or (g) nonpayment of any fees owed by you in connection with the Bigdoghub services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Bigdoghub's sole discretion and that Bigdoghub shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Bigdoghub services.
Termination of your Bigdoghub account includes any or all of the following: (a) removal of access to all or part of the offerings within the Bigdoghub services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Bigdoghub services.

1. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Bigdoghub services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that Bigdoghub shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Bigdoghub services.

1. LINKS

The Bigdoghub services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Bigdoghub is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bigdoghub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with use of or reliance on, any such Content, goods or services available on or through any such site or resource.

1. BIGDOGHUB’S PROPRIETARY RIGHTS

You acknowledge and agree that the Bigdoghub services and any necessary software used in connection with the Bigdoghub services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Bigdoghub services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Bigdoghub or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Bigdoghub services, such Content or the Software, in whole or in part.
Bigdoghub grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Bigdoghub services. You agree not to access the Bigdoghub services by any means other than through the interface that is provided by Bigdoghub for use in accessing the Bigdoghub services.

1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE BIGDOGHUB SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE BIGDOGHUB SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGDOGHUB AND ITS SUBSIDIARIES, AFFILIATES, USER COMPANIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
2. BIGDOGHUB AND ITS SUBSIDIARIES, AFFILIATES, USER COMPANIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE BIGDOGHUB SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE BIGDOGHUB SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BIGDOGHUB SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BIGDOGHUB SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BIGDOGHUB SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIGDOGHUB OR THROUGH OR FROM THE BIGDOGHUB SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS; and
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE BIGDOGHUB SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE BIGDOGHUB SERVICE. IMMEDIATELY DISCONTINUE USE OF THE BIGDOGHUB SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE BIGDOGHUB SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIGDOGHUB AND ITS SUBSIDIARIES, USER COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 BIGDOGHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE BIGDOGHUB SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BIGDOGHUB SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE BIGDOGHUB SERVICE.

1. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE AND BELOW LIMITATIONS MAY NOT APPLY TO YOU.

1. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

1. NOTICE

Bigdoghub may provide you with notices, including those regarding changes to the TOS, by, but not limited to, email, regular mail, SMS, MMS, text message, postings on the Bigdoghub services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Bigdoghub services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Bigdoghub services in an authorized manner.

1. TRADEMARK INFORMATION

You agree that all of Bigdoghub’s trademarks, trade names, service marks and other Bigdoghub logos and brand features, and product and service names are trademarks and the property of Bigdoghub Inc. (the "Bigdoghub Marks"). Without Bigdoghub's prior permission, you agree not to display or use in any manner the Bigdoghub Marks.

1. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Bigdoghub and governs your use of the Bigdoghub services, superseding any prior version of this TOS between you and Bigdoghub with respect to the Bigdoghub services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bigdoghub services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Bigdoghub each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Bigdoghub, shall be brought exclusively in the courts located in the county of Bexar, Texas. You and Bigdoghub agree to submit to the personal jurisdiction of the courts located within the county of Bexar, Texas.
Waiver and Severability of Terms. The failure of Bigdoghub to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Bigdoghub account is non-transferable and any rights to your Bigdoghub ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Bigdoghub services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.

1. VIOLATIONS

Please report any violations of the TOS to: info@bigdoghub.com.
Last updated March 13, 2009