Terms of Use

BIGFOURTH GLOBAL ADVERTISING LTD (“Big Fourth”) provides the website located at www.bigfourth.com (“bigfourth.com”), all the content under this domain, certain related software, and it’s services to you subject to the following terms and conditions. By using Big Fourth you agree to be bound be the latest amended versions of this Agreement and Big Fourth’s Privacy and Security Policy (see “Modifications” below).

SECTION 1: ACCEPTING THE TERMS

Big Fourth optimizes, caches, alters, monetizes, collects data, and serves your website to end users. Services include but are not limited to analytics tools, reporting and optimization tools and services. By using the information, tools, features and functionality located on Big Fourth.com, through any Big Fourth APIs, or through any software or other websites that interface with Big Fourth.com or its APIs, (collectively the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the Big Fourth.com website) or you are a “Member” (meaning you have registered with Big Fourth). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.

SECTION 2: COPYRIGHTS

All content included on Big Fourth.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Big Fourth and protected by United States and international copyright laws. Reproduction of the content of Big Fourth.com without the written permission of Big Fourth is prohibited.

SECTION 3: TRADEMARKS AND SERVICEMARKS

Big Fourth, the Big Fourth logo, and other Big Fourth graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Big Fourth or its subsidiaries. Big Fourth’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Big Fourth’s, in any manner without Big Fourth’s permission. All other trademarks not owned by Big Fourth or its subsidiaries that appear on Big Fourth.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Big Fourth or its subsidiaries.

SECTION 4: LICENSE TO ACCESS BIGFOURTH.COM AND SERVICES AND AVAILABILITY

In consideration for accessing bigfourth.com and the Service, Big Fourth grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of Big Fourth. This license does not allow resale of Big Fourth’s services without Big Fourth’s written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of bigfourth.com without express written consent of Big Fourth. You may not use any meta tags or any other “hidden text” utilizing Big Fourth’s name or trademarks without the express written consent of Big Fourth. Any unauthorized use automatically terminates the permission or license granted by Big Fourth and may incur legal liabilities for any damages. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of Big Fourth’s proprietary graphics or trademarks as part of the link without express written permission.

BIG FOURTH MAKES NO GUARANTEE REGARDING THE LEVEL OF PAGEVIEWS OR AD IMPRESSIONS OR CLICKS OR THE AMOUNT OF PAYMENT MADE TO YOU UNDER THIS AGREEMENT. IN ADDITION, FOR THE AVOIDANCE OF DOUBT, BIG FOURTH DOES NOT GUARANTEE THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR DURING ANY DOWN TIME (i) CAUSED BY OUTAGES TO ANY PUBLIC INTERNET BACKBONES (ii) CAUSED BY ANY FAILURES OF YOUR EQUIPMENT, SYSTEMS OR SERVICES, (iii) FOR PREVIOUSLY SCHEDULED MAINTENANCE (iv) CAUSED BY A TECHNICAL ERROR, CODING ERROR, UPDATES, MAINTENANCE AND REPAIR (v) RELATING TO EVENTS BEYOND BIG FOURTH’S CONTROL SUCH AS STRIKES, RIOTS, INSURRECTION, FIRES, FLOODS, EXPLOSIONS, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, NATURAL DISASTERS OR INTERUPTIONS TO INTERNET SERVICES IN AN AREA WHERE BIG FOURTH OR YOUR SERVERS ARE LOCATED OR CO-LOCATED. BIG FOURTH RESERVES THE RIGHT TO SUSPEND OR INTERRUPT ACCESS TO THE SERVICE OR PORTIONS OF OUR WEBSITE, AT ANY TIME, WITH OR WITHOUT NOTICE.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, or disassemble the Service or any software made available to you through bigfourth.com, bigfourth.net or it’s related services, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

SECTION 5: ACCOUNTS AND PASSWORDS

YOU MAY ONLY HAVE ONE BIG FOURTH ACCOUNT. If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Big Fourth reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to bigfourth.com and the Big Fourth Service.

SECTION 6: ADVERTISING AND PAYMENT

If you designate another entity to be your representative, then that representative shall be (“Payee”). In all other cases you are the (“Payee”)

You understand and agree that Big Fourth will place advertisements or ad network code on your website. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to Payee shall be sent by Big Fourth within approximately thirty five (35) days after the end of each calendar month that you utilize the Big Fourth Service and your balance is $20 or more. In the event the Agreement is terminated, Big Fourth shall pay Payee’s earned balance to Payee within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by you (following Big Fourth’s receipt of your written request, including by email, to terminate the Agreement) or by Big Fourth. In no event, however, shall Big Fourth make payments for any earned balance less than $10. However, in the event that Big Fourth is investigating your account for violations of these terms, Big Fourth may withhold payment for up to (90) days while the investigation is pending and Big Fourth is awaiting confirmation from ad networks of valid traffic and revenue. Notwithstanding the foregoing, Big Fourth shall not be liable for any payment based on: (a) any amounts which result from invalid queries, invalid Referral Events, or invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by Big Fourth, including without limitation through any clicks or impressions (i) originating from Your IP addresses or computers under Your control, (ii) solicited by payment of money, false representation, or request for end users to click on Ads, or (iii) solicited by payment of money, false representation, or any illegal or otherwise invalid request for end users to complete referral events; (b) ads delivered to end users whose browsers have JavaScript disabled; (c) ads benefiting charitable organizations and other placeholder or transparent ads that Big Fourth may deliver; or (d) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by you for any applicable pay period. Big Fourth reserves the right to withhold payment or charge back Payee’s account due to any of the foregoing or any breach of this agreement by you, pending Big Fourths’ reasonable investigation of any of the foregoing or any breach of this Agreement by you, or in the event that an advertiser or ad network whose ads are displayed in connection with your site defaults on payment for such ads to Big Fourth. All revenue amounts shown in the Big Fourth publisher area, including but not limited to your dashboard, Earnings section, Advanced Reporting and reported via the reporting API are estimated and are subject to change at any time. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program. Big Fourth may change its pricing and/or payment structure at any time. If you dispute any payment, you must notify Big Fourth in writing within thirty (30) days of any such payment; failure to so notify Big Fourth shall result in the waiver by you of any claim relating to any such disputed payment. Payee shall receive a payment of 90% (or other agreed upon amount) of the Net Revenue generated from the advertisements placed on your website for your benefit (“Your Website Ads”), less any adjustments for fraud, invalid traffic, traffic quality, website quality, click-fraud, bigfourth improvement metrics and/or advertiser or ad network charge-backs, in each case as determined by Big Fourth. (“Net Revenue”) is 100% of the total amount paid by advertisers or ad networks to Big Fourth originating from Your Website Ads, less any charges or fees related to the acquisition, targeting, delivery and serving of ads or pageviews. By way of example, charges or fees may include items such as ad server fees, third party data fees, etc. Payment shall be calculated solely based on records maintained by Big Fourth. No other measurements or statistics of any kind shall be accepted by Big Fourth or have any effect under this Agreement. The payments made under this Agreement are for use by Payee and you only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Properties managed by You that require separate payments) unless expressly authorized in writing by Big Fourth (including by electronic mail).

You may NOT click on ads on your own website or cause, solicit or encourage others to click on ads on your website.

Participation in Services is subject to your acceptance and continued compliance with this agreement and with the Google Adsense Advertising Policies outlined at https://www.google.com/adsense/policies. You agree that Big Fourth is not, and can not, under any circumstances be held responsible for the removal or banning of your site by Google Adsense or any other online advertising program.

You authorize Big Fourth to represent you and/or act as an agent on your behalf in dealings with ad networks. Big Fourth may represent your website’s inventory, setup your website and domain(s) and complete other such actions in order to get approved and to get ads running from such network.

Big Fourth may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in an Big Fourth product or page including such which have been created by users unless stated otherwise.

You acknowledge that the use of Big Fourth Services may, under certain circumstances, raise or lower the cost of your ad serving, web hosting, analytics or other third-party services. Big Fourth is in no way responsible for any change in costs associated with the Service.

SECTION 7: YOUR CONTENT AND COPYRIGHTS

You retain full copyrights in any of your materials served through Big Fourth. You acknowledge that Big Fourth will modify the content of your site, including but not limited to changing the layout, colors, removing content and adding content. Big Fourth is not responsible for any search engine ranking changes or other traffic changes to your site. You hereby grant to Big Fourth a nonexclusive, worldwide license (a) to sell (if you authorize Big Fourth to do so on your behalf), deliver, publish, republish, display, distribute; (b) to reproduce and store the content on Big Fourth’s computers and servers, and make back-ups of the content for disaster recovery purposes; (c) to reformat, edit, display, market, transmit, distribute, and otherwise digitally make available to end users all or any portion of the content for download, access, and viewing on a portable electronic device, making any modifications as needed to optimize how the content is displayed on a portable electronic device; and (d) to display excerpts of the content for marketing purposes. Big Fourth retains full copyrights to all website layouts created by Big Fourth. Should you discontinue Services, you agree that you will not utilize, copy or attempt to copy the layouts or modifications made to your site by Big Fourth, however you will retain full copyrights of all of your original website content. You hereby agree that if you shall notify Big Fourth if you have any legal obligations to show specific content or advertisements on your site and that you hold You agree to indemnify and hold Big Fourth, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of the removal or failure to display such content or advertisements.

SECTION 8: DEVICE APPLICATIONS

You acknowledge and agree that, if you opt in, Big Fourth will create native applications for device platforms such as iOS and/or Android. The application will be the sole property of Big Fourth Inc. and you grant Big Fourth a nonexclusive license to reproduce and store your content on such applications. Mobile applications will only update their content if you have Big Fourth enabled for mobile and tablet devices and showing at least 50% Big Fourth versions. If you choose to discontinue the Big Fourth service, turn off mobile or tablet or to show less than 50% Big Fourth version on those platforms, the content in your application may stop updating. However, due to the nature of applications, users that have already installed such application will continue to have access to the outdated content and new users may install the applications using application stores such as the Apple App store, Google Play or similar. If you would like the application removed from those stores, please notify us in writing and we notify the participating app stores.

SECTION 9: RECORDS OF BIGFOURTH.COM VISITOR USE AND ABUSE

As a visitor to bigfourth.com and a user of the Big Fourth Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.

SECTION 10: PRIVACY & GDPR

Details of Big Fourth’s privacy policy and compliance with the General Data Protection Regulation can be found in the Privacy and GDPR tabs of this page.

SECTION 11: LIMITATION ON CACHING

You acknowledge that Big Fourth’s Service is offered as a platform to optimize, cache and serve web pages and websites and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose of optimizing, hosting and serving web pages as viewed through a web browser or other application and the Hypertext Markup Language (HTML) protocol or other equivalent technology. Big Fourth’s Service is also a shared web caching service, which means a number of customers’ websites are cached from the same server. To ensure that Big Fourth’s Service is reliable and available for the greatest number of users, a customer’s usage cannot adversely affect the performance of other customers’ sites. Additionally, the purpose of Big Fourth’s Service is to proxy web content, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at Big Fourth’s sole discretion, you are deemed to have violated this SECTION, or if Big Fourth, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Big Fourth’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Big Fourth may suspend or terminate your account without notice to or liability to you.

SECTION 12: INVESTIGATION

Big Fourth reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted the benefit of Big Fourth and/or Big Fourth’s partners, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Big Fourth’s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, Big Fourth may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against Big Fourth for such action, including but not limited to any disruption to your website. You acknowledge that Big Fourth may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complainants who have filed complaints with us.

SECTION 13: INDEMNITY

You agree to indemnify and hold Big Fourth, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

SECTION 14: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

BIGFOURTH.COM, THE BIG FOURTH SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY BIG FOURTH ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIG FOURTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BIGFOURTH.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON BIGFOURTH.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF BIGFOURTH.COM, THE BIG FOURTH SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIG FOURTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BIG FOURTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF BIGFOURTH.COM, THE BIG FOURTH SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BIG FOURTH MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT BIGFOURTH.COM, THE BIG FOURTH SERVICE, ANY DOWNLOADABLE SOFTWARE, THE BIG FOURTH SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIG FOURTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BIGFOURTH.COM, THE BIG FOURTH SERVICE, OR BIG FOURTH DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BIG FOURTH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE REMOVAL, TERMINATION OR TERMINATION OF SERVICE FROM ANY THIRD PARTY SERVICE USED ON YOUR WEBSITE OR IN CONJUNCTION WITH THE BIG FOURTH SERVICE, INCLUDING BUT NOT LIMITED TO SEARCH ENGINES (SUCH AS Google, Bing, Yahoo), AD NETWORKS OR EXCHANGES (Such as Google Adsense, ValueClick, InfoLinks).

SECTION 15: TERMINATION

Big Fourth’s policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that Big Fourth may, under certain circumstances and without prior notice, immediately terminate your Big Fourth account, any associated email address, and access to bigfourth.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Big Fourth’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with bigfourth.com and associated Services. Further, you agree that all terminations for cause shall be made in Big Fourth’s sole discretion and that Big Fourth shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to Big Fourth set forth in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.

SECTION 16: DMCA & ABUSE REPORTS

Big Fourth is a pass-through network and, at most, caches content for a limited period in order to improve network performance. Big Fourth automatically removes content from our caches within seven days of when it has been removed from our customer’s origin web server. Big Fourth is not a hosting provider and has no way of removing abusive content on third party hosting services. Individuals or copyright holders concerned with content served through Big Fourth’s network may submit a complaint for investigation to: Report Abuse. Big Fourth does not accept abuse complaints submitted over the telephone. If you would prefer not to use our complaint submission form, you may mail your complaint to:

BIGFOURTH GLOBAL ADVERTISING LTD

Address : 7 Coronation Road, Dephna House, Launchese #105, London, United Kingdom NW10 7PQ

Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity. By submitting a complaint, you acknowledge that, at Big Fourth’s sole discretion, copies of the complaint may be provided to the Big Fourth user, the user’s hosting provider, posted on Big Fourth’s website, and/or provided to third party services such as ChillingEffects.org.

SECTION 17: MODIFICATIONS

Big Fourth may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on bigfourth.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

SECTION 18: LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because Big Fourth has no control over such sites and resources, you acknowledge and agree that Big Fourth is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Big Fourth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.

SECTION 19: PUBLICITY AND CONFIDENTIALITY

Big Fourth shall be permitted to identify you as a customer, to use your website’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the Big Fourth’s web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes. Big Fourth may utilize information gathered from the Mediation App and the Adsense Certified Program (“Mediation Information”) for it’s own purposes and for providing generalized statistics and optimizations. Big Fourth may not disclose Mediation Information to any third-party other than authorized third parties. Authorized parties may include app developers, industry partners, channel partners and investment partners – provided that they have a privacy and non-disclosure agreement in place with Big Fourth. You may not disclose or cause to be disclose, Big Fourth Confidential Information without Big Fourth’s prior written consent. “Big Fourth Confidential Information” include without limitation: (a) all Big Fourth software, technology programming, specifications, materials, guidelines and documentation relating to the Big Fourth Service; (b) rpmv, cpms, click-through rates or other statistics relating to your site’s performance in Big Fourth Service; (c) screenshots, pictures, drawings or other representations or descriptions of Big Fourth Service, including the entire Big Fourth publisher area, reporting area, setting pages and (d) any other information designated in writing by Big Fourth as “Confidential” or an equivalent designation. However, you may disclose the amount of Big Fourth’s gross payments to you from the Service.

SECTION 20: NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.

SECTION 21: WAIVER

The failure of Big Fourth to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

SECTION 22: SEVERABILITY OF TERMS

If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

SECTION 23: NON-TRANSFERABILITY OF ACCOUNTS

You agree that your Big Fourth account is non-transferable except with the written consent of Big Fourth.

SECTION 24: TIME LIMITATIONS FOR CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of bigfourth.com must be filed within one year after such claim or cause of action arose or be forever barred.

SECTION 25: APPLICABLE LAW

By visiting bigfourth.com, you agree that the laws of the United States and, specifically, those of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Big Fourth or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in San Diego County, California, USA.

SECTION 26: ARBITRATION

In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding. Any controversy or dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved as provided above shall be resolved by arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) and judgment upon the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The arbitration tribunal shall consist of a single arbitrator mutually agreed by the parties, or in the absence of such agreement within thirty (30) calendar days from the first referral of the dispute to the AAA, designated by the AAA. The place of arbitration shall be San Diego, California, U.S.A., unless the parties shall have agreed to another location within fifteen (15) calendar days from the first referral of the dispute to the AAA. The arbitral award shall be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award. The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.

SECTION 27: VERSIONS

The authoritative version of Big Fourth’s Terms of Service is available at: bigfourth.com/terms. While translations of these terms may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of bigfourth.com, the Big Fourth Service, and any Big Fourth Downloadable Software.

SECTION 28: HEADINGS

The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.