Welcome to Big Health Tree, an online networking service.  This agreement describes the terms on which you may access and use our services.  The services offered by Big Health Tree include the Big Health Tree website at http://bighealthtree.com/ , (the "Big Health Tree Website"), the Big Health Tree Internet messaging service, the Big Health Tree personal networking community and any other features, content, or applications offered from time to time by Big Health Tree in connection with the Big Health Tree Website (collectively, the "Big Health Tree Services"). 

By accessing or using the Big Health Tree Website or other Big Health Tree services, you agree to be bound by the following terms and conditions and policies, including any future amendments (collectively, the "Terms of Use" or "Agreement"), whether or not you are a registered member of Big Health Tree.   

READ THESE TERMS OF USE:  THEY ARE IMPORTANT!  THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Big Health Tree SERVICES.

Nothing in these Terms of Use should be construed to confer any rights to third-party beneficiaries.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without further notice, without liability to you, any other member or any third-party.  If we do this, we will post the changes to the Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.  Your continued use of the Big Health Tree Services after any such changes constitutes your acceptance of the new Terms of Use.  If you do not agree to abide by these or any future Terms of Use, then please do not access or use (or continue to access or use) the Big Health Tree Services.  It is your responsibility to regularly check the Big Health Tree Website to determine if there have been changes to these Terms of Use and to carefully review such changes.

Eligibility / Use of Service

Your use of the Big Health Tree Services is governed by these Terms of Use.  Use of and membership in the Big Health Tree Services is void where prohibited.  You must be at least 13 years of age to use the Big Health Tree Services.  Any registration by, use of or access to the Big Health Tree Services by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms of Use.  By using the Big Health Tree Services, you represent and warrant that you are 13 years of age or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

Big Health Tree may terminate your membership, delete your profile and any content or information that you have posted on the Big Health Tree Services and/or prohibit you from using or accessing the Big Health Tree Services (or any portion, aspect or feature of the Big Health Tree Services, including the Big Health Tree Website) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13.

Big Health Tree reserves the right to refuse service without prior notice to anyone at any time for any or no reason.

Registration Data; Password and Account Security

In consideration of your use of the Big Health Tree Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Big Health Tree Website ("Registration Data"); (b) maintain the security of your password and identification, and not to disclose your password to any third-party; (c) maintain and promptly update the Registration Data, and any other information you provide to Big Health Tree, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, and are fully responsible for all activities that occur under your password or account with or without your knowledge.  If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated.  You agree to immediately notify Big Health Tree of any unauthorized use of your password or account or any other breach of security.  Big Health Tree cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Privacy Policy

By using or accessing the Big Health Tree Website or the Big Health Tree Services, you are consenting to have your personal data transferred to and processed in the United States and YOU ARE ASSENTING TO THE TERMS AND CONDITIONS OF Big Health Tree'S PRIVACY POLICY, WHICH IS LOCATED HERE, AND WHICH CONSTITUTES PART OF THIS AGREEMENT.

Links to Third-Party Websites and Content

The Big Health Tree Services may contain links to other websites that are not owned or controlled by Big Health Tree ("Third-Party Websites") as well as photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third-parties (the "Third-Party Content").  Big Health Tree has no control over, and assumes no responsibility for any Third-Party Websites accessed through the Big Health Tree Services, or any Third-party Content posted on the Big Health Tree Services, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third-Party Websites or the Third-Party Content.  Big Health Tree does not investigate, monitor, edit, or censor any Third-Party Websites or Third-Party Content.  Inclusion of or linking to any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by Big Health Tree.

We encourage you to be aware when you leave the Big Health Tree Services, and access any Third-Party Websites.  If you leave the Big Health Tree Services and access any Third-Party Websites, be mindful that our terms and policies no longer govern, and that you do so at your own risk.  You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites that you visit.

Intellectual Property Rights

The content on the Big Health Tree Services, except all Member Submissions (as defined below), including without limitation, the text, graphics, photos, sounds, music, videos, interactive features, software, scripts, and the like, and their selection and arrangement ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Big Health Tree, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  All content on the Big Health Tree Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, downloaded, posted, sold, licensed, or otherwise exploited for any other purposes whatsoever, in any form or by any means, without the prior written consent of the respective owners.  Big Health Tree reserves all rights not expressly granted in and to the Big Health Tree Services and the Content.  You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Member Submissions of third-parties obtained through the Big Health Tree Services for any commercial purposes.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security related features of the Big Health Tree Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Big Health Tree Services or the Content therein.  Any use of Content other than as specifically authorized herein, without the prior written consent of the respective owners, is strictly prohibited.  Be aware that unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.  Nothing herein shall be construed as conferring any license to the intellectual property rights of any third-party, whether by estoppel, implication or otherwise.

Except as expressly authorized by Big Health Tree, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Big Health Tree's proprietary information.  "Big Health Tree" is a trademark of Red McCombs Media.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.  Big Health Tree'S COPYRIGHT POLICY, WHICH IS LOCATED HERE, CONSTITUTES PART OF THIS AGREEMENT.

Member Submissions

The Big Health Tree Services may now or in the future permit the posting, uploading, publishing or displaying (hereinafter "posting") of videos, text, information, articles, messages, comments, music and other content submitted by you and other users ("Member Submissions") and the hosting, sharing, and/or publishing of such Member Submissions.  You understand that whether or not such Member Submissions are published, Big Health Tree does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them.

By your posting of any Member Submission to any part of the Big Health Tree Services, you affirm, represent, and/or warrant that:

                (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Big Health Tree to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Big Health Tree Services and these Terms of Use;

                 (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Member Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Member Submissions in the manner contemplated by the Big Health Tree Services and these Terms of Use; and

                (iii) you grant, and represent and warrant that you have the right to grant, to Big Health Tree a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Submissions in connection with the Big Health Tree Services and Big Health Tree's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Big Health Tree Services (and derivative works thereof) in any media formats and through any media channels.  (That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.)  You also hereby grant each Big Health Tree member a non-exclusive license to access your Member Submissions through the Big Health Tree Services (including the Big Health Tree Website), and to use, reproduce, distribute, prepare derivative works of, display and perform such Member Submissions as permitted through the functionality of the Big Health Tree Services and under these Terms of Use.  You may remove your Member Submissions from the Big Health Tree Services at any time, and the foregoing license granted by you terminates once you remove or delete your Member Submission from the Big Health Tree Services. 

By your submission of any Member Submission to any part of the Big Health Tree Services, you further agree that you will not:

                (i) submit material or Content that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material and to grant Big Health Tree all of the license rights granted herein;

                (ii) publish falsehoods or misrepresentations that could damage or disparage Big Health Tree or any third-party;

                (iii) submit material or content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

                (iv) post advertisements or solicitations of business; or

                (v) impersonate another person.

User Conduct

The Big Health Tree Services (including the Big Health Tree Website) are available for your personal, non-commercial use only.  You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Big Health Tree Services will violate or infringe upon the rights of any third-party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  You further agree not to harvest or collect email addresses or other contact information of users from the Big Health Tree Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.  Additionally, you agree not to use automated scripts to collect information from the Big Health Tree Services for any purpose.  You further agree that you will not use the Big Health Tree Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Big Health Tree Services.  In addition, you agree not to use the Big Health Tree Services or the Big Health Tree Website to:

• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one member account, register for a member account on behalf of an individual other than yourself, or register for a member account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "spim," "chain letters," "pyramid schemes," or any other form of solicitation. In order to protect our members from such advertising or solicitation, Big Health Tree reserves the right to restrict the number of emails and messages which a member may send to other members in any 24-hour period to a number which Big Health Tree deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Big Health Tree Services, you acknowledge that you will have caused substantial harm to Big Health Tree, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Big Health Tree for each such unsolicited email or other unsolicited communication you send through the Big Health Tree Services;
• interfere with, disrupt, impair or create an undue burden on the Big Health Tree Services or the networks or services connected to the Big Health Tree Services;
• upload, post, transmit, share, store or otherwise make publicly available on the Big Health Tree Services any private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share 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;
• intimidate, harass or abuse another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video, or links to pirated music or video files;
• use or attempt to use another's account, service or system without authorization from the Big Health Tree, or create a false identity on the Big Health Tree Services.
• use the Big Health Tree Services in a manner inconsistent with any applicable laws or regulations
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Big Health Tree, is objectionable or which restricts or inhibits any other person from using or enjoying the Big Health Tree Services, or which may expose Big Health Tree or its users to any harm or liability of any type.

Big Health Tree does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and Big Health Tree expressly disclaims any and all liability in connection with Member Submissions.  Big Health Tree does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Big Health Tree will remove Content and Member Submissions if properly notified that such Content or Member Submission infringes on another's intellectual property rights, in accordance with Big Health Tree's Copyright Policy, which can be accessed by clicking here,  Big Health Tree reserves the right to remove Content and Member Submissions without prior notice at anytime and for any reason.  Big Health Tree will also terminate a user's access to the Big Health Tree Services, if they are determined to be a repeat infringer.  A repeat infringer is a member who has been notified of infringing activity more than twice and/or has had a Member Submission removed from the Big Health Tree Website more than twice.  Big Health Tree also reserves the right to decide whether Content or a Member Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  Big Health Tree may remove such Member Submissions and/or terminate a member's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

You understand that when using the Big Health Tree Services, you will be exposed to Member Submissions from a variety of sources, and that Big Health Tree is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions.  You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Big Health Tree with respect thereto, and agree to indemnify and hold Big Health Tree, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents, harmless to the fullest extent allowed by law regarding all matters related to your use of the Big Health Tree Services.

Big Health Tree permits you to link to materials on the Big Health Tree Website for personal, non-commercial purposes only.  Big Health Tree reserves the right to discontinue any aspect of the Big Health Tree Services at any time.

Copyright Information and Complaints

Big Health Tree's Copyright Policy can be accessed by clicking here.

If you are a copyright owner or an agent thereof and believe that any Member Submission or other Content on the Big Health Tree Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

                (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

                (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

                (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

                (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

                (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

                (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Big Health Tree's designated Copyright Agent to receive notifications of claimed infringement may be reached at: copyright@bighealthtree.com . For clarity, only DMCA notices should go to the Big Health Tree's designated Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Big Health Tree customer service , which you can contact by clicking here.  You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Disputes Among Big Health Tree Members

You are solely responsible for your interactions with other Big Health Tree members.  Big Health Tree reserves the right, but has no obligation or duty, to monitor disputes between you and other users or members.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Big Health Tree SERVICES, INCLUDING THE Big Health Tree WEBSITE, SHALL BE AT YOUR SOLE RISK.  THE Big Health Tree SERVICES, Big Health Tree WEBSITE AND CONTENT ARE PROVIDED "AS IS."  TO THE FULLEST EXTENT PERMITTED BY LAW, Big Health Tree, ITS SUBSIDIARIES, PARENTS AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Big Health Tree SERVICES AND YOUR USE THEREOF.  Big Health Tree MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Big Health Tree SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE Big Health Tree SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Big Health Tree SERVICES OR Big Health Tree WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Big Health Tree SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Big Health Tree SERVICES OR Big Health Tree'S SERVERS BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 Big Health Tree SERVICES.  Big Health Tree DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE Big Health Tree SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Big Health Tree WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Big Health Tree, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents, are not responsible or liable in any manner for any Member Submissions or Third-Party Content posted, uploaded, or displayed on the Big Health Tree Website or in connection with the Big Health Tree Services, whether submitted or caused by users of the Big Health Tree Services or by any of the equipment or programming associated with or utilized in the Big Health Tree Services.  Although we provide rules for user conduct and submissions, we do not control and are not responsible for what members post on the Big Health Tree Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Big Health Tree Services or in connection with any Member Submissions or Third-party Content.  Big Health Tree, its parent company, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents, are not responsible for the conduct, whether online or offline, of any user of the Big Health Tree Services.

The Big Health Tree Services may be temporarily unavailable from time to time for maintenance or other reasons.  Big Health Tree assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.  Big Health Tree is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Big Health Tree Services.  Under no circumstances will Big Health Tree be responsible for any loss or damage, including any loss or damage to any Member Submissions or personal injury or death, resulting from anyone's use of the Big Health Tree Services, any Member Submission or Third-Party Content posted on or through the Big Health Tree Services or transmitted to users of the Big Health Tree Services, or any interactions between users of the Big Health Tree Services, whether online or offline.

Governing Law; Venue and Jurisdiction

By visiting or using the Big Health Tree Website and/or the Big Health Tree Service, you agree that the substantive laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Big Health Tree or any of its subsidiaries, parents or affiliates.  With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Austin, Travis County, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Austin, Travis County, Texas. 

Arbitration

YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE Big Health Tree SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE Big Health Tree WEBSITE AND/OR THE Big Health Tree SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules").  The location of the arbitration shall be in Austin, Texas, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes).  If such costs are determined to be excessive in a consumer dispute, Big Health Tree will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable.  The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE Big Health Tree SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.  In no event shall any claim, action or proceeding by you related in any way to the Big Health Tree Website and/or the Big Health Tree Services (including your visit to or use of the Big Health Tree Website and/or the Big Health Tree Services) be instituted more than three (3) year after the cause of action arose.

Limitation of Liability

IN NO EVENT SHALL Big Health Tree, ITS SUBSIDIARIES, PARENTS OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOST PROFITS OR LOST DATA, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Big Health Tree SERVICES (INCLUDING THE Big Health Tree WEBSITE), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Big Health Tree SERVICES (INCLUDING THE Big Health Tree WEBSITE), (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Big Health Tree SERVICES (INCLUDING THE Big Health Tree WEBSITE) BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Big Health Tree SERVICES (INCLUDING THE Big Health Tree WEBSITE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Big Health Tree IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Big Health Tree SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Big Health Tree Services are controlled and offered by Big Health Tree from its facilities in the United States of America.  Big Health Tree makes no representations that the Big Health Tree Services are appropriate or available for use in other locations.  Those who access or use the Big Health Tree Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Big Health Tree, ITS SUBSIDIARIES, PARENTS OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD-PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE Big Health Tree SERVICES (INCLUDING THE Big Health Tree WEBSITE) OR ANY OF THE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE Big Health Tree SERVICES (INCLUDING THE Big Health Tree WEBSITE), EVEN IF Big Health Tree IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Big Health Tree'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Big Health Tree FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL Big Health Tree'S LIABILITY TO YOU EXCEED 00.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO Big Health Tree FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Big Health Tree, REGARDLESS OF THE CAUSE OF ACTION.

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 MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify and hold harmless Big Health Tree, its subsidiaries, parents and affiliates, and each of their officers, directors, partners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Big Health Tree Website or other Big Health Tree Services; (ii) your violation of any term of these Terms of Use or of any applicable law; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third-party.  This defense and indemnification obligation will survive these Terms of Use and your use of the Big Health Tree Services.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Big Health Tree without restriction.

General Terms

You agree that: (i) the Big Health Tree Services shall be deemed solely based in Texas; and (ii) the Big Health Tree Website shall be deemed a passive website that does not give rise to personal jurisdiction over Big Health Tree, either specific or general, in jurisdictions other than Texas.  These Terms of Use shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles.  These Terms of Use, together with the Privacy Policy, which is located here, and any other legal notices published by Big Health Tree on the Big Health Tree Services, shall constitute the entire agreement between you and Big Health Tree concerning the Big Health Tree Services.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Big Health Tree's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  Big Health Tree reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.  Your use of the Big Health Tree Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.