BigWake.com ("BigWake") provides this Terms and Conditions of Service agreement to you as a user of BigWake. By using BigWake, you are indicating your willingness to be bound by all of the terms in this agreement. If you do not wish to be bound by this agreement, do not use BigWake.

We may change the terms and conditions of this agreement at any time and without prior notice to you, but such changes will be effective only when they are posted to this site. You agree to be bound by all of the terms of this and all future agreements, as long as you use BigWake.

By registering to become a member of BigWake ("Member"), you agree that all information provided by you in the registration is true and accurate. To become a Member, you must provide the information requested in the registration form. To see BigWake's privacy policy, click here.

Children under the age of 13 are not allowed to become Members of BigWake at this time. To review our Children's Privacy Policy, click here.

Members may only maintain one active registration with BigWake. By accepting this agreement, you certify that you have no other registration with BigWake.

BigWake reserves the right to modify or discontinue BigWake at any time without notice to you.

Member Conduct

You agree to use BigWake for lawful purposes only. You may not use, or allow others to use, your BigWake membership, either directly or indirectly, to:

• Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing or defamatory;
• Post or transmit any matter that you do not have a right to transmit under law (such as copyright) or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Harass or threaten any Member of BigWake or any other person or entity;
• Harm minors in any way;
• Post, transmit, promote, link to or facilitate the distribution of any content that can be construed as libel, slander, harassment, hate speech, obscenity, pornography or cruelty to animals;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including the forging of headers or other manipulation of identifiers in order to disguise the origin of any content;
• Post, transmit or facilitate the transmission of statements that are intentionally false or misleading;
• Post, transmit or facilitate the transmission of chain letters or pyramid schemes;
• Post, transmit or facilitate the transmission of any unsolicited advertising, promotional materials or other forms of solicitation;
• Offer, sell or purchase any registered or unregistered securities;
• Violate any software license agreement;
• Violate any applicable local, state, national, international or foreign law or regulation;
• Post or otherwise transmit software viruses or other computer code, files or programs designed to inhibit the functionality of computer software, hardware, or telecommunications equipment;
• Collect or store personal data about other users;
• Engage in unapproved commercial activity;
• Send unsolicited email ("spam")

Member Provided Content

You understand that all information, text, messages, articles and any other material provided by Members ("Member Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Member Content originated. This means that you, not BigWake, are entirely responsible for the content you upload, post or otherwise transmit. BigWake does not control the Member Content that is posted and therefore does not guarantee the accuracy or integrity of the Member Content. In addition, you acknowledge that you may be exposed to content that is offensive or objectionable to you.

BigWake's Rights Regarding Member Content

BigWake does not claim ownership of the Member Content you place on BigWake. By placing content on BigWake you grant BigWake an unlimited license to republish, reproduce, modify and adapt the Member Content for the purpose of administering and promoting BigWake. BigWake will only republish such posts in context, and will not republish them for advertising purposes without your permission.

While BigWake does not and cannot review all transmissions by Members in the forum, you acknowledge that BigWake reserves the right to, and may from time to time, monitor any and all information transmitted or received through BigWake. BigWake, at its sole discretion and without further notice to you, may review, remove or prohibit the transmission or receipt of any information which BigWake deems inappropriate or that violates any term or condition of this agreement.

To see BigWake's notice and take down procedure for copyright violations, click here.

BigWake Content

BigWake Content is defined as any information, data, text, messages, articles, software, photos, video, graphics, music, sounds and any other material or services that is found on BigWake.com, excluding Member Provided Content. By accepting this agreement, you agree that all BigWake Content is the sole property of BigWake and may not be reproduced without prior written consent of BigWake. All BigWake Content herein is protected under US and international copyright, trademark and other laws and is intended for the personal use only of the Members. You may not modify, publish, retransmit, participate in the transfer or sale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any of the BigWake Content in any way, except that you may make one copy for your personal use.

Links

BigWake or other parties or Members may provide links to other Internet sites or resources. You acknowledge that BigWake is not responsible for the availability of, and does not endorse or assume responsibility for, any content, products or other materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites.

BigWake Advertising

You acknowledge that BigWake has the right to advertise and post promotions on BigWake. You acknowledge that you may not advertise or post promotions on BigWake without express permission from BigWake.

Indemnity

You agree to indemnify, defend and hold harmless BigWake from and against any claim, liability, cost, damage or loss it may incur (including, without limitation, attorneys fees) as a result of (i) your use of Member Content or BigWake Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this agreement; and (iv) any violation by you of the rights of others; (v) your use of products purchased or promoted on this site.

Trademarks

You agree that you will not display or use the BigWake trademarks in any manner whatsoever without the prior written permission of BigWake.

No Resale of Services

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes the service provided by the BigWake web site or its use or access.

Practices Regarding Use and Storage of Data

BigWake may place limits on the use and storage of data on our site. For example, BigWake may limit the length of time that messages or postings can remain on the site, or set limits regarding maximum or minimum levels of activity. You agree that BigWake will not be responsible or liable for the deletion of messages, postings or content on the BigWake site, and agree that BigWake reserves the right to terminate accounts that are inactive for an extended period of time without notice. BigWake reserves the right to change our practices regarding the use and storage of data on BigWake at anytime without notice to users.

Terms of Sale

This statement contains the terms and conditions governing your purchases from BigWake. Acceptance of these terms prior to purchase creates a legally enforceable contract between you ("Customer") and BigWake.

Customer hereby warrants that it is over eighteen years of age, is a resident of the United States and has the full legal authority to enter into all transactions required to make purchases from BigWake, including credit card transactions.

All items ordered from BigWake are subject to availability and are only available for acquisition and shipment in the U.S. BigWake reserve the right to reject any and all orders. Products displayed on this site may be out-of-stock or discontinued, and prices of products displayed on this site are subject to change. BigWake will inform Customer of such changes as BigWake becomes aware of them. Although BigWake has made every effort to display and describe the likeness of each product as accurately as possible, it is possible that the displayed likeness of the products will depend upon the manufacturer's available graphic image as well as the monitor of the Customer. BigWake cannot guarantee that the site or the Customer's monitor will accurately portray the likeness of the products.

Customer is required to purchase a boating safety package prior to boating, as required by Customer's state's law. Customer acknowledges it is responsible for full compliance with all state boating laws and state safety regulations. Customer is responsible for obtaining insurance as required by state law. Any and all warranties on boats and other products purchased from BigWake are provided directly to Customer from the manufacturer of such boat or product, and BigWake does not provide any product warranties of any kind (see Disclaimer of Warranties, below).

All quoted shipping and delivery times are estimations only and are subject to change at any time. BigWake will notify and update customer should scheduling changes occur. All boats are shipped via ground transportation. Other purchases are shipped via ground transportation. Risk of loss shall shift to buyer upon delivery to stated destination point. Subject to applicable law, BigWake reserves the right to deliver items acquired as part of Customer's order at different times in the event that they are not available for shipment at the same time. BigWake also reserves the right to limit the quantity of any items that may be obtained by Customer through this site.

Prices displayed on this site are quoted in U.S. dollars. Customer must pay all sales tax on purchases. Sales tax, shipping costs, rigging fees and any prepping requested by Customer upon ordering shall be incorporated into the purchase price. BigWake or its financing partner or affiliate shall pay sales tax, register title and file all necessary liens. Where required, Customer hereby grants BigWake's affiliate a limited power of attorney for the sole purpose of paying sales tax and registering title in Customer's name.

Customers who finance their purchase through BigWake's financing partner are required to make a ten percent (10%) deposit at the time the boat is ordered from the manufacturer. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT THIS DEPOSIT IS NON-REFUNDABLE, SUBJECT ONLY TO BIGWAKE'S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. In order to prevent fraud, BigWake shall collect personal information from Customer at the time the non-refundable deposit is made (such as mother's maiden name), for credit card verification purposes only. To review our privacy policy, click here. Customers who pay full sales price at the time of purchase may be eligible to receive a coupon redeemable for boating or related products. Such coupons cannot be substituted for cash or discounts on purchase amounts. BigWake guarantees the availability of coupons and similar promotions only if currently offered on BigWake.

Disclaimer of Warranties

You acknowledge that BigWake expressly disclaims all warranties of any kind, whether express or implied, regarding the completeness, accuracy, non-infringement, merchantability or fitness of the content found herein for any particular purpose, including any and all warranties of any kind for products purchased or promoted on BigWake. You agree that BigWake will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of BigWake or products purchased or promoted on BigWake. This includes, but is not limited to, loss or injury caused in whole or in part by contingencies beyond BigWake's control in procuring, compiling, interpreting, reporting or delivering any portion of BigWake.

All information provided on BigWake is to be used on an "as is, with all faults" basis. BigWake makes no claims or representations with regard to the accuracy, completeness or truth of any material contained herein. Further, BigWake makes no warranty that service will be uninterrupted, timely, secure or error-free, or that the quality of any services, information, or other material will meet your expectations.

Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.

DISCLAIMER OF LIABILITY

You acknowledge that BigWake will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages based in tort, personal injury or strict liability causes of action, damages for loss of profits, goodwill, use, data or other intangible losses (even if BigWake has been advised of the possibility of such damages), resulting from or related to the use or inability to use BigWake or products purchased or promoted on BigWake. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.

Miscellaneous

If any provision in this Agreement is invalid or unenforceable under applicable law, it will be enforced to the furthest extent possible and the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Oregon (except with respect to choice of law), as if the Agreement were a contract wholly entered into and wholly performed in Multnomah County, Oregon. Any dispute, controversy or claim arising out of or relating to this Agreement will be resolved exclusively in the federal or state courts located in Portland, Oregon and you hereby consent to the jurisdiction and venue of such courts.

BY USING BIGWAKE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.