REPRESENTATIONS AND WARRANTIES
You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use The Big Burrito website, along with all related expenses, fees, and other costs.
Information provided on this site is provided on an “AS IS” basis, and carries no express or implied warranties as to accuracy, timeliness, delivery, content errors, omissions, or infringement that the content will meet your requirements or that use and/or operation of the site will be uninterrupted and error-free. We make no warranties, either express or implied, including, but not limited to, any warranty of merchantability or fitness for a particular purpose.
We are not liable for any damages or injury caused by or related to, including but not limited to, any reliance on the site’s content, any performance failure, error, omission, interruption, defect, delay in operation of transmission, computer virus, failure to store any user communications or personalization settings or line failure, nor are we liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials or content on this site.
The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
THE BIG BURRITO RESPONSIBILITIES
You agree to use The Big Burrito website for lawful purposes only, and not use it to: upload, post, e-mail, or otherwise transmit any content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethically, or otherwise objectionable, or that encourages conduct that would violate any law, or which, without The Big Burrito prior written approval, contains advertising or any solicitation with respect to The Big Burrito products or services; misrepresent your affiliation with a person or entity; manipulate identifiers in order to disguise the origin of any Content transmitted through The Big Burrito website; upload, post, e-mail or otherwise transmit any Content that you do not have a legal right to transmit; upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, e-mail or otherwise transmit 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; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; interfere with or disrupt The Big Burrito servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to The Big Burrito website; collect or store personal data about other users.
TRADEMARK AND COPYRIGHT RIGHTS
The text, copy, illustrations, designs, drawings, software, photos, video, graphics, music, sound, and all other creative works, and the entire contents of The Big Burrito website, including its overall “look and feel” are protected under the United States copyright laws.
No such parts from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the site’s materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or their use for any other purpose is a violation of The Big Burrito copyright and other proprietary rights.
You shall not upload, post, or otherwise make available on The Big Burrito website any material or creative works protected by copyright, or any trademark or other proprietary right without the prior written permission of the owner(s) of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
The trademarks and service marks used herein are the property of The Big Burrito and are licensed to The Big Burrito affiliates and franchisees.
Ideas, Content or Information Provided to thebigburrito.com
All remarks, suggestions, material, works, ideas, graphics, or other information or content communicated to us through this site (“Submission”) will be subject to the following terms:
We will not be required to treat any submission as confidential. We will not incur any liability as a result of any similarities to any submission that may subsequently appear on The Big Burrito website or other materials. We will be entitled to use the submission or any derivative of it for any commercial or other purpose without compensation to you or any other person.
You agree that you are responsible for any submission you submit, including its legality, reliability, originality, and copyright. We do not claim ownership of the submissions. However, by providing the submission you are granting us, The Big Burrito affiliated companies business partners and licensees a worldwide, perpetual, royalty-free right to use the submissions in connection with all aspects of the operation and promotion of their Internet businesses, including but not limited to the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat them. You agree that no compensation is owed with respect to any such use of the submissions by us or The Big Burrito licensees or business partners. We are under no obligation to post or use anything you provide, and we may remove it at any time at The Big Burrito discretion. You warrant and represent that you own or otherwise control all the rights to the submission, that they do not violate any law, regulation, or any right of any third party and are not designed to or will not in any way have effect on us, other users or any computer, network, software or hardware.
These Terms will be governed and interpreted pursuant to the laws of the State of Michigan, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree to indemnify and hold us, The Big Burrito subsidiaries, affiliates, officers, agents, co-branders and other partners and employees, harmless from any claim, cause of action, or demand, including all attorneys’ fees, made by any third-party due to or arising out of any information, creative works, materials or other content you submit, post to or transmit through The Big Burrito website; your use of The Big Burrito website, your violation of or failure to adhere to the Terms, or your interaction with any third party on the Internet.