Terms and Conditions
Thank you for choosing BIGplans. By registering on this site or otherwise using the BIGplans website and/or mobile applications, (the “Services”), or accessing any content or material that is made available by BIGplans, You, as a Client, are entering into a binding contract with BIGplans. As a Client on BIGplans, working with one of our Independent Coaches, You acknowledge that you have read and understood this Agreement and agree to be bound by it. If you don’t agree with (or cannot comply with) this Agreement, please do not complete a registration on BIGplans.
Please read this Agreement thoroughly. The Agreement include information about future amendments to the Agreement, a class action waiver, and resolution of disputes by arbitration instead of in a courtroom setting.
BIGPLANS OFFER ITS CLIENTS THE ABILITY TO MATCH THEIR CONCERNS AND ISSUES TO THE BEST SUITED PRE-SCREENED COACH WITH THE PROPER SKILL SET AND BACKGROUND.
DISCLAIMER OF LIABILITY
BIGplans does not employ the Coaches matched through this site. Coaches act as INDEPENDENT CONTRACTORS to BIGplans. BIGplans carefully screens applicants and insists on evidence of the applicant’s credentials. The Coaches are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or wrongdoing of any Coach.
While BIGplans does research and verify certain documents of the Coaches practicing through the BIGplans technology, we do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any Coach. Client’s relationship relating to the Coach services is strictly with the Coach.
Payment for use of BIGplans is used to compensate BIGplans for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage. The Independent Coaches practicing through BIGplans also pay for use of the BIGplans technology and for administrative fees. Part of your payment, accounted for separately, is remitted to the Coach for the services provided to You.
Any link (including a hyperlink, button or referral device of any kind) used on BIGplans or on the mobile BIGplans Application is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to BIGplans. BIGplans does not endorse the content on any third-party websites. BIGplans is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. BIGplans does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Client’s use of third-party websites is at Client’s own risk and subject to the terms and conditions of use for such websites.
Modifications, Termination, Interruption and Disruptions to BIGplans
Client confirms and acknowledges that BIGplans may modify, suspend, disrupt or discontinue BIGplans or any part of the BIGplans.com website or the use of the mobile applications, whether to all Clients or to Client specifically, at any time with or without notice. Client agrees and acknowledges that BIGplans will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. The BIGplans technology is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. BIGplans does not guarantee that the website or mobile applications will be uninterrupted or that it will be secure, consistent, timely or error-free.
Forbidden Uses of BIGplans
All Clients expressly agree not to post any material that:
Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
Infringes on the copyright or any other proprietary right of a third party;
Would invade the privacy of any other person;
Is intended to advertise to or solicit others without our express permission;
Constitutes charity solicitations, chain letters or pyramid schemes;
Contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or
Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);
Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or
Interfere with another Client’s use and enjoyment of the website.
Age Requirements, Password, Email, Texting and Honesty Policy for BIGplans
General Legal Terms
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
This Agreement shall be interpreted only in accordance with the laws of the State of Florida.
This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Class Action Waiver
Where permitted under applicable law, BIGplans and Client agree that each may bring claims against the other only in its corporate or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both BIGplans and Client agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Client and BIGplans agree that any dispute, claim, or controversy between you and BIGplans relating in any way to this Agreement or to Your use of BIGplans Services (whether based in contract, tort, malpractice, negligence, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be resolved by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. There is no Judge or Jury, but instead an appointed Arbitrator, usually with an experienced background in the area of the dispute. There may be more limited discovery than in court. An Arbitrator can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief to anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.
Either Client or BIGplans may demand and/or file arbitration proceedings. Arbitration between Client and BIGplans will be settled under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”). Arbitration will take place at a location to be agreed upon in Fort Lauderdale, Florida provided that if the claim is for $10,000 or less, Client may request that the arbitration to be conducted be based on documents submitted to the Arbitrator or through a non-appearance based telephonic hearing; or by an in-person hearing as established by the AAA Rules. Client arbitration fees and costs will be limited to the fees set forth in the AAA’s Consumer Rules with the remainder paid by BIGplans.
Any arbitration must be commenced by filing a demand for arbitration within one calendar year after the date the party asserting the claim first knows or reasonably should know of the basis of the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Any Client who intends to seek arbitration must first send a written notice of the dispute to BIGplans by certified mail or Overnight Express mail (signature required) to the address listed on the BIGplans website.
In the event that BIGplans makes any future change to this arbitration provision (other than a change to the BIGplans address for Service), Client may reject any such change by sending us written notice within 30 days of the change and canceling your subscription to the Site with the same notice period.
If this Arbitration clause is found to be unenforceable in part or in the entirety, then the entirety of this Clause shall be null and void and, in such case, the Client and BIGplans agree that the exclusive jurisdiction and venue of New York hall govern any claim arising out of or related to the Agreement.
UNLESS OTHERWISE EXPRESSED, BIGPLANS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Agreement notice was last updated on February 24th, 2017 and is deemed effective as of this date.