
Terms and Conditions
Effective Date: March 01, 2018
Welcome to BigDaddyBusinessPlans, the best and first website on the planet to offer Superior pre-campaign and post campaign funding metrics, along with a host of other services for the sector. The BigDaddyBusinessPlans website and its associated content (collectively “Website”) are owned by BigDaddyBusinessPlans, LLC (“BigDaddyBusinessPlans”). BigDaddyBusinessPlans provides you with a limited license to use the Website subject to the terms contained within this Terms of Use Agreement (“Agreement”).
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.
BIGDADDYBUSINESSPLANS RESERVES THE RIGHT TO SUSPEND, REPLACE, MODIFY, AMEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT BIGDADDYBUSINESSPLANS REPLACES, MODIFIES, OR AMENDS THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE ABOVE WILL CONSTITUTE YOUR MANIFESTATION OF ASSENT TO AND AGREEMENT WITH ANY REPLACEMENT, MODIFICATION, OR AMENDMENT CONTAINED WITHIN THIS AGREEMENT.
1. Purpose
BigDaddyBusinessPlans’ purpose is to connect the five main stakeholders in the process: startups, investors, broker dealers, platforms, and service providers. We assist the above stakeholders in engaging in the process by compiling data and information from projects and people around the world. Our tools allow stakeholders to manage and improve financial conditions by giving them access to valuable data and the opportunity to make valuable connections within their fields.
2. Warranties
By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity or third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity and bind that third party or business entity to the terms of this Agreement.
You warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
3. Limited License to Use the Website
You acknowledge and agree that the Website is the property of BigDaddyBusinessPlans and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You agree that your use of the Website is limited by the license granted under the terms of this Agreement. You expressly agree that you will not use the Website in any manner not expressly granted through this Agreement.
BigDaddyBusinessPlans provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to BigDaddyBusinessPlans.
You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website. Additionally, you are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of BigDaddyBusinessPlans. The foregoing prohibition on crawling or aggregating does not apply to search engines that appropriately comply with BigDaddyBusinessPlans’ robots.txt file.
4. Privacy Policy
BigDaddyBusinessPlans hereby incorporates its Privacy Policy by reference as if fully restated herein.
5. Ownership of Intellectual Property
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by BigDaddyBusinessPlans, including, but not limited to, BIGDADDYBUSINESSPLANS, are common law or registered trademarks owned by or licensed to BigDaddyBusinessPlans. You are expressly prohibited from using the trademarks of BigDaddyBusinessPlans to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of BigDaddyBusinessPlans in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are property of their respective owners.
6. User Generated Content
BigDaddyBusinessPlans may provide you with the ability to upload or transmit user-generated content to or through the Website, including, but not limited to, text, images, comments, feedback, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User Generated Content”). Except as expressly stated in this Agreement, you own all rights in and to your User Generated Content.
When you submit User Generated Content to the Website, you grant BigDaddyBusinessPlans a non-exclusive, irrevocable, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website. These purposes may include providing you or third parties with access to and use of the Website, backing up or archiving the Website, and selling or transferring the Website to a third party. In submitting User Generated Content to the Website, you agree to waive all moral rights in or to your User Generated Content across the world, whether you have or have not asserted moral rights. You also agree to waive all rights of publicity or privacy in or to your User Generated Content.
You warrant that you have adequate right, title, and interest in and to all User Generated Content that you submit to the Website. You warrant that your User Generated Content will not violate the terms of this Agreement, the rights of third parties (including intellectual property rights or other personal or proprietary rights), or any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international.
7. Member Accounts
BigDaddyBusinessPlans may require you to register an account with the Website in order to obtain access to additional features or areas of the Website (“Member Account”). You are expressly prohibited form sharing your Member Account information with others and you agree that you will provide BigDaddyBusinessPlans will accurate, complete, current, and relevant information when registering your Member Account.
You understand and agree that you are responsible for the security of your Member Account and BigDaddyBusinessPlans will not be held liable or responsible for any unauthorized access to your Member Account. In the event your Member Account is accessed without your authorization, you agree that you will immediately provide notice to BigDaddyBusinessPlans. By creating a Member Account, you agree that BigDaddyBusinessPlans may use the contact information that you provide to contact you. BigDaddyBusinessPlans reserves the right to accept, reject, modify, suspend, or delete your Member Account at any time, for any reason, and within its sole and absolute discretion.
8. Payment
BigDaddyBusinessPlans offers paid subscription plans. If you select a paid subscription plan (“Paid Services”), you hereby agree to complete the required payments, including any associated fees and required taxes, as they become due, whether on a one-time, monthly, annual, or other basis. If you provide credit card information to be billed periodically in the future, you agree to ensure the credit card so authorized is valid with a valid expiration date. If BigDaddyBusinessPlans is required to institute any collection proceedings, including but not limited to judicial remedies for nonpayment, you will be responsible for and agree to reimburse BigDaddyBusinessPlans for all costs of collection. Your access to Paid Services is contingent upon your timely payment of dues and your failure to pay may result in the termination of your Member Account and/or access to Paid Services. Payment must be made in a form acceptable to BigDaddyBusinessPlans and by making a payment, you agree BigDaddyBusinessPlans may store your payment information. Associated fees and or service charges may be incurred depending on the type of payment you select. You agree to pay for the duration of your subscription period, during which you may cancel by emailingsubscriptions@BigDaddyBusinessPlans.com does not provide refunds for Paid Services, including for dissatisfaction of any type and BigDaddyBusinessPlans does not guarantee any results. You agree that you will not initiate any chargebacks against BigDaddyBusinessPlans unless approved in writing. You understand and agree that you will be responsible for any costs or fees, including attorneys’ fees, associated with any unauthorized chargebacks or in the event BigDaddyBusinessPlans must collect payment from you. Any disputes as to payment must be brought to BigDaddyBusinessPlans’ attention in writing within thirty (30) days or will otherwise be barred.
9. Trial Period
All BigDaddyBusinessPlans Paid Services are for a period of fourteen (14) days (“Trial Period”). When selecting a BigDaddyBusinessPlans’ Paid Service, you will be required to provide valid credit card payment information. Your credit card will not be billed during the Trial Period. However, if you do not cancel your Paid Service within the Trial Period, you agree BigDaddyBusinessPlans will charge your credit card consistent with the Paid Service and payment scheduled you selected.
10. Cancellation
You may cancel your Paid Services subscription by clicking subscriptions@BigDaddyBusinessPlans.comYou agree that there is a thirty (30) day notification period before any cancellation will be completed, including for Paid Services.
11. Creating a Project
BigDaddyBusinessPlanspermits business to host information about their campaign and details regarding their business and business plan. While Website is not itself a funding portal, businesses may list their project on BigDaddyBusinessPlans for greater visibility and to build connections with other stakeholders. Further, BigDaddyBusinessPlans permits businesses to build a business plan. Other stakeholders are also permitted to submit User Generated Content. You agree and understand the information submitted through the Website falls under the terms and conditions of this Agreement and the Privacy Policy, where is incorporated herein in full.
12. Acceptable Uses
You agree that you will not use the Website in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:
a. Transmitting unsolicited commercial email messages to users of the Website;
b. Imposing a disproportionate load on the Website or its server infrastructure, whether through a denial of service attack or otherwise;
c. Attempting to interfere with the operation of the Website;
d. Circumventing the Website’s technological protection or security mechanisms;
e. Using a spider, scraper, or other automated technology to access the Website;
f. Attempting to gain access to the personal, personally identifiable, or payment information of a user of the Website, other than that specifically disclosed through the Website;
g. Harassing a user of the Website;
h. Posting or transmitting content through the Website that is harassing, threatens or encourages bodily harm, constitutes hate speech, or advocates for the destruction of property;
i. Posting or transmitting content through the Website that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;
j. Posting or transmitting content through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
k. Posting or transmitting content through the Website that is obscene, lewd, lascivious, or otherwise illegal.
13. Copyright Policy
The BigDaddyBusinessPlans Website and its associated content is © 2014 BigDaddyBusinessPlans, LLC.
If you believe that a user the BigDaddyBusinessPlans Website has infringed upon your copyright rights, you may provide BigDaddyBusinessPlans with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with this section, BigDaddyBusinessPlans will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
a. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b. Specific identification of the copyrighted works alleged to have been infringed;
c. The location of the copyrighted works on the BigDaddyBusinessPlans Website;
d. Your contact information, such as an address, telephone number, fax number, or email address;
e. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
f. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a user of the Website that believes that content that you have posted to the Website and that is subject to a notice of copyright infringement is non-infringing, then you may submit a counter-notification under the Digital Millennium Copyright Act. This counter-notification must contain the following:
a. Identification of the specific materials that have been removed from the Website;
b. Your contact information, such as an address, telephone, fax number, or email address;
c. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
d. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the United States, that you consent to the jurisdiction of the federal courts located in New York, New York;
e. A statement that you will accept service of process from the notifying party; and
f. Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to BigDaddyBusinessPlans at copyright@BigDaddyBusinessPlans.com.
14. BigDaddyBusinessPlans as Service Provider
You understand and agree that BigDaddyBusinessPlans provides the Website as a service and will not be held liable for and takes no responsibility for any transactions entered into by and between users of the Website. BigDaddyBusinessPlans makes no warranties or representations as to the quality, non-infringement, accuracy, or safety of Projects and Project descriptions listed on the Website. You understand and agree that BigDaddyBusinessPlans is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that BigDaddyBusinessPlans cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though BigDaddyBusinessPlans may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content.
15. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT BIGDADDYBUSINESSPLANS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT BIGDADDYBUSINESSPLANS’ LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.
16. Indemnification
You agree to indemnify, defend, and hold harmless BigDaddyBusinessPlans, its officers, shareholders, members, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, claims, charges, or liabilities, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website; (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend BigDaddyBusinessPlans will not provide you with the ability to control BigDaddyBusinessPlans defense, and BigDaddyBusinessPlans reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
17. Arbitration
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD INMIAMI LAKES, FLORIDA AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN MIAMI LAKES, FLORIDAFOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN MIAMI LAKES, FLORIDA. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF FLORIDA AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.
18. Force Majeure
BigDaddyBusinessPlans will not be responsible for any delay or failure in the performance of the Website arising out of any cause beyond BigDaddyBusinessPlans’ control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
19. Survivability
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend BigDaddyBusinessPlans.
20. Severability
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
21. Interpretation
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
22. Waiver and Integration
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.