TERMS OF USE

The following Terms of Use describe your rights and responsibilities when using the TabCorral Software website. You can also review our Privacy Policy,which outlines how we handle any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at tabcorral.com, and all linked pages (the “Site”), are owned and operated by Big Horizon Software, LLC. (“BHS”), a Montana limited liability company, and available for use by you under the Terms of Use described below (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. WHEN YOU REGISTER FOR A USER ACCOUNT YOU WILL ALSO BE ASKED TO ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS OF USE BY CLICKING “I ACCEPT” BEFORE YOUR REGISTRATION WILL BE COMPLETE. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU Should not use the site or any Services INCLUDING SERVICES that Require Registration. BHS’ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS without modification; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY BHS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

BHS reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. BHS will notify you of any material change by posting an announcement on the Site and attempting to contact each of the registered users via the email address provided at the time of registration. What constitutes a “material change” will be determined at BHS’ sole discretion. You shall be responsible for reviewing and becoming familiar with the most current version of these Terms of Use. Use of the Site or Services by you following such notification constitutes your acceptance of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use and any other software license provided by BHS, BHS may provide certain services and content, as described more fully on the Site (“Services”). Services shall include, but not be limited to, the hosting of user’s web page groups (the “TabCorrals”) created using the TabCorral™ software and any other service and content BHS performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, information, data, graphics, photographs, images, illustrations, software, also known as the “Content”). BHS may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any software feature. BHS may also impose limits or restrictions on certain features and Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS

You may browse the Site and public TabCorrals without registering with BHS. However, as a condition to using the Site to share your TabCorrals with others, to view private TabCorrals and/or use certain other Services, you are required to register with BHS and select a password and screen name (“User ID”). You shall provide BHS with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your BHS account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a third party; or (iii) use a name that is otherwise offensive, vulgar or obscene. Each registration is for your personal use only and may not be made on behalf of any other person or entity. BHS does not permit multiple users to access the Site or Services through a single User ID. You are solely and exclusively responsible for preventing such unauthorized use and maintaining the confidentiality of your BHS password. BHS reserves the right to refuse registration of, or cancel a User ID in its discretion. You must be 13 years or older to access the Site or use the Services. If you do not so qualify, do not attempt to register for or use the Services.

5. LIMITED LICENSE AND USER CONDUCT

All rights, title and interest including all intellectual property rights in and to the Site, the Services and BHS Content, including but not limited to the software available on the Site and the software used to provide the Services are exclusively owned by BHS, its vendors or its licensors. By registering to use the Site and additional Services provided only to registered users, you are granted a non-transferable, non-exclusive, non-sublicensable, revocable, worldwide right and license to use the Site and TabCorral™ software services available on the Site subject to the terms and conditions of this license (the “Limited License”). You are permitted to use the software made available on the Site multiple times in order to publish and share your Groups using the TabCorral™ software, provided however, that you must pay a subscription fee to publish and share private TabCorrals or to publish and share more than two public TabCorrals. TabCorrals shared with the public via the Site may be viewed at any time by anyone and may be accessed and viewed by unregistered users of the Site. TabCorrals shared only with a group of persons selected by you may only be viewed by those persons, however each individual must be a registered user of the Site in order to view the your privately shared TabCorrals.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by BHS.

By way of example, and not as a limitation, you agree not to:

1. use the Site or the Services to abuse, harass, threaten, impersonate or intimidate other users, including but not limited to posting or transmitting, any Content or groups of websites that are infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
2. use the Site or the Services for any illegal or unauthorized purpose, including any violation of the laws of your jurisdiction. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
3. attempt to obtain password, account, or private information from any user;
4. use the Site or the Services to create or send SPAM email, invalid or nonexistent domain names, or other means of deceptive addressing; or unsolicited telephone calls or facsimile transmissions;
5. copy, print, republish, display, distribute, transmit, sell, rent, lease, loan, make modifications, adaptations, compilations or other derivative works or otherwise make available in any form or by any means all or any portion of the Site or any Content retrieved therefrom, other than as permitted under the Limited License or any other software license expressly granted by BHS;
6. use the Site, the Services or any Content to develop, or use as a component of, any information, storage and retrieval system, database, or similar resource that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription;
7. remove, change or obscure any copyright notice or other proprietary notice or terms of use contained on the Site;
8. remove, decompile, disassemble or reverse engineer any Site software (including any software used to offer the Services or any software available for download from the Site) or use any network monitoring or discovery software to determine the Site architecture;
9. use any robot, spider, scraper or other automated means to access the Site for any purpose without the express prior written consent of an authorized officer of BHS;
10. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
11. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
12. bypass any measures we may use to prevent or restrict access to the Site;
13. attempt to impersonate another user or person;
14. sell, share or otherwise transfer your User ID and password; or
15. export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

BHS may remove any Content and terminate or suspend user accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: support@tabcorral.com. You are solely responsible for your interactions with other users of the Site. BHS reserves the right, but has no obligation, to monitor the Site and your use of the Site.

6. SUBSCRIPTION FEES AND PAYMENT.

Certain Services may only be available to users by paid subscription, including but not limited to the ability of a user to share private TabCorrals or to share more than two public TabCorrals. The current monthly subscription fee is posted on the Site. The rates are exclusive of all federal, state and local sales and use taxes and of any present or future property tax or similar charge. BHS reserves the right to change the subscription fee at any time. BHS will attempt to give notice of the changes to subscription fees to registered users by email sent to the email provided at the time of registration or as updated by the user. New subscription fees will go into effect 30 days after posting of the new fees on the Site or notice is provided to the users, whichever is earlier; provided however, that the rate increase will not apply to months pre-purchased by the user in discounted blocks. Subscription fees are automatically renewed monthly unless the user cancels the subscription or his/her rights to access the Site or Services have been terminated or revoked by BHS. The user may cancel the subscription at any time by through the termination option available on the website for registered users. SUBSCRIPTION FEES ARE NONREFUNDABLE. BHS uses a third party to collect and process payments made through the Site. These third parties may have access to your information but have not been given authority from BHS to sell, disseminate or disclose such information.

BHS accepts credit card payments for the Services from those cards posted on the Tab Corral Pro order form. The user shall provide BHS a valid credit card and shall authorize the Company to charge the user’s credit card for the subscription fee which will be charged monthly, unless the user prepays for a block of months at a discounted rate for up to twelve months. If, at anytime, a credit card is declined, BHS may, but shall not be obligated to attempt to contact the user via the contact information provided by the user. The user shall be responsible for providing an alternative credit card or other acceptable form of payment within 10 business days after receiving notice from BHS that a credit card has been declined. Failure to do so shall result in suspension of the user’s account and any TabCorrals published by the user. If BHS is unable to contact the user via the contact information provided, BHS may suspend the user’s account and any TabCorrals published by the user immediately with no further obligations or liability. User shall pay any outstanding subscription fees in full prior to the Services being reinstated. Upon receipt of payment within 15 days from the date due, BHS will restore the user’s account and any published TabCorrals. BHS may permanently block the user’s account or terminate or remove all privately shared TabCorrals and any publicly shared TabCorrals in excess of two if user fails to pay the subscription fee.

7. CONTENT SUBMITTED OR MADE AVAILABLE ON THE SERVICE

By creating and posting Content, such as TabCorrals, or notes or comments to TabCorrals, on the Site, you warrant that you own all rights to the Content and hereby grant to BHS a nonexclusive, world wide, royalty free, all rights paid, perpetual, nonrevocable, transferrable, sublicensable license to copy, reproduce, publish, display publicly, transfer, modify, distribute, and create derivative works of the Content for the purpose of providing the Services or for any other purpose deemed by BHS reasonable in its business. To clarify, the above does not apply to the Content on external sites included in your TabCorrals.

Third party content may appear on the Site or may be accessible via links from the Site or TabCorrals created by users. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, infringing content, or profanity in the content on any third party site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

8. COPYRIGHT COMPLAINTS

It is the policy of BHS to terminate registration of any user who repeatedly infringes the copyrights of others and to expeditiously remove or disable access to the alleged infringing material if BHS is given proper notice of the infringement or infringing conduct by the copyright owner. If you believe any materials on the Site (e.g., content, images, text, etc.) infringe your copyright, you may request removal of those materials from our Site by contacting our designated copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
2. 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 us to locate the material;
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to this Site is:

Big Horizon Software LLC

Attn: Big Horizon Software Designated Agent

P.O. Box 370

Florence, MT 59833

E-mail: support@tabcorral.com

Phone: (406) 273-7786

Fax: (406) 273-7890

9. PRIVACY POLICY

BHS’s current privacy policy is available on our website home page and by clicking the following link: Privacy Policy (the “Privacy Policy”), which is incorporated in these Terms of Use by this reference.

10. INDEMNITY

You agree to indemnify and hold BHS and its affiliates, business partners, officers, managers, members, employees, representatives and agents harmless from any loss, liability, claim, demand, damage, or expense (including actual legal fees) asserted by any third party relating in any way to your use of this Site, the Services or any breach of these Terms of Use. BHS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. This indemnity obligation survives the term of any Services provided to or used by you or the termination of these Terms of Use.

11. WARRANTY DISCLAIMERS

THE SITE, SERVICES AND CONTENT ACCESSED BY USER FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM VIRUSES AND NONINFRINGEMENT). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

WE AND OUR EMPLOYEES, AGENTS, Representatives, and affiliates HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR EMPLOYEES, AGENTS, Representatives, And AFFILIATES ARE NOT LIABLE FOR ANY LOST PROFITS, INDIRECT, SPECIAL, INCIDENTAL, PUNATIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

HOWEVER, THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

You acknowledge that BHS has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BHS from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. BHS makes no representations concerning any content contained in or accessed through the Site or Services, and BHS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.

12. TERMINATION

BHS may terminate or suspend any and all Services and your BHS account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your BHS account, you may simply discontinue using the Services and terminate the account through the termination feature on the website for registered users. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. TECHNICAL SUPPORT AND FORCE MAJEURE

During the term of the provision of Services, BHS will provide its active users with commercially reasonable technical support relating to the use of the Services via the Site. This support is available via email at support@tabcorral.com. BHS is not responsible for providing any technical support with respect to the Services or the Site to unregistered users. There will be no credits, reductions, or setoff against the fees charged for the Services for any downtime or interruption of the Services or unavailability of the Site.

In no event shall BHS be liable for any delays, failures or interruptions in the Services or access to the Site resulting from war, riots, labor difficulties, fire, natural disaster or adverse weather conditions, actions or decrees of governmental bodies, power outages, communications lines failures, interruptions to internet service or disruption of any telecommunication systems or any other event beyond the reasonable control of BHS. Users shall notify BHS immediately of any Service interruptions. BHS shall further not be responsible for or provide credit for mistakes, omissions, interruptions, delays, errors, or defects in the Services caused by the negligence or willful act of a user or user’s equipment. BHS shall not be liable if changes in operation, procedures, or services require modification or alteration of the user’s equipment or render the same obsolete or otherwise affect its performance.

14. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind BHS in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with BHS’s prior written consent. BHS may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

The Terms of Use shall be governed by and construed in accordance with the laws of the state of Montana, as if made within Montana between two residents thereof, and the parties submit to the exclusive jurisdiction of the state courts in Missoula County, Montana located in Missoula, Montana. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use.

15. TRADEMARKS

“bighorizonsoftware.com”, Big Horizon®, Big Horizon Software®, eCorral®, eCorral® Personal Edition, eCorral® Online, TabCorral™, TabCorral Pro™, and TabNotes™ and other BHS graphics, logos, designs, page headers, button icons, scripts, and service names are our trademarks, registered trademarks or trade dress. BHS’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Other product and company names mentioned on the Site may be trademarks of their respective owners.