Big Country Navigator provides its content on this website (the “Site”) and mobile applications (the “App”) which enable users to locate resources including food banks, medical centers, and shelters (the “Services”) subject to the following terms and conditions (the “Terms”). Big Country Navigator may amend the Terms from time to time. Amendments will be effective upon Big Country Navigator’s posting of such updated Terms at this location. Your continued use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
1. The Services
License.
Subject to compliance with these Terms, Big Country Navigator grants you a limited, non-exclusive, nonsublicensable, revocable, non-transferable license to: (i) access and use the Site, or the App on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related information that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressely granted herein are reserved Big Country Navigator
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Big Country Navigator; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership.
The Services and all rights therein are and shall remain Big Country Navigator's property or the property of Big Country Navigator's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Big Country Navigator's company names, logos, product and service names, trademarks or services marks or those of Big Country Navigator's licensors.
Copyrights.
All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof is the exclusive property of Big Country Navigator or its licensors and is protected by U.S. copyright laws. All rights not expressly granted are reserved.
2. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." Big Country Navigator DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Big Country Navigator MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Big Country Navigator DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
Big Country Navigator SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF Big Country Navigator, EVEN IF Big Country Navigator HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE Big Country Navigator SITE, APP, OR ANY INFROMATION CONTAINED ON IT IS AT YOUR OWN RISK.
Big Country Navigator SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. Big Country Navigator SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Big Country Navigator'S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Big Country Navigator’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON Big Country Navigator’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold Big Country Navigator and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; or (ii) your breach or violation of any of these Terms.
3. General
Privacy Policy
In accordance with the terms of Big Country Navigator.org's Privacy Policy, Big Country Navigator respect's the privacy of its Users. Big Country Navigator recommends users read its Privacy Policy, available in the main menu, before using the website or app.
Governing Law; Jurisdiction.
These Terms are governed by the laws of the State of Pennsylvania without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of Pennsylvania.