PLEASE READ THE FOLLOWING
AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING
YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS
THAT MIGHT APPLY TO YOU.
Welcome to Team National, and thank you for visiting
www.bign.com website. This Agreement sets forth the legal terms
and conditions of your use of the Team National website and various
related sites and services. Your use of this website is subject
to your compliance with all the terms, conditions, and notices contained
or referenced in this Agreement, as well as any other written agreement
Acceptance of Terms.
Team National, Inc. ("Team National" or "we", "us", "our") provides
access to the Team National website, located at
www.bign.com, (the "website") subject to your acceptance of
this website User Agreement ("Agreement"). BY CLICKING ON THE "I
AGREE" BUTTON OR OTHERWISE USING THE
http://www.bign.com WEBSITE, YOU AGREE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. If you agree, click on the "I AGREE" button on the registration
page. If you click "I AGREE" without actually reading or printing
this license agreement, you will nevertheless be legally bound.
If you do not agree to be bound by the terms of this Agreement,
you will not be able to proceed with the registration process which
will enable you to purchase products or services on our site.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THIS
SITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE,
OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE
ON OR THROUGH THIS WEBSITE, IS TO STOP USING THIS WEBSITE AND THE
APPLICABLE PRODUCTS, SERVICES, CONTENT OR INFORMATION.
When using a particular feature of the website, you may also be
subject to any posted guidelines, rules, terms of service, acceptable
use policies, privacy policies, or other contractual provision as
noted. Team National may update this Agreement from time to time
without prior notice to you. We encourage you to review this Agreement
periodically for any updates or change.
IF YOU ARE AN INDEPENDENT MARKETING DIRECTOR, (IMD) YOU ARE BOUND
BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR DIRECTOR AGREEMENT
AND THE POLICIES AND PROCEDURES.
You represent and warrant that you are at least 18 years old and
are of sufficient legal age to use the website and to enter into
the binding legal obligations you may incur as a result of use of
the website. You agree to be financially responsible for any liability
you may incur as a result of using the website.
Access and Passwords.
As part of our
registration process you may have selected a particular username
and password that will entitle you to enter password protected areas
of the website. By registering, you agree that all information provided
in the registration process is true and accurate and that you will
maintain and update this information as required in order to keep
it current, complete, and accurate. You agree that you are the only
individual entitled to access the site using your username or password,
and you agree not to permit others to access the site under your
sign up information. You may not assign or otherwise transfer your
account to any other person or entity. If you lose your username
or password our system can quickly generate you a new one. Just
click the "forgot password" link on the sign in page.
Use of the website.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. You understand that Team National cannot and does
not guarantee or warrant that files available for downloading from
the website will be free of infection or viruses, worms, Trojan
horses, time bombs, cancelbots or other computer programming routines
that are intended to intercept or expropriate any system, data or
personal information, or to damage, detrimentally interfere with
any system. You are responsible for implementing sufficient firewalls,
virus protections and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the website for the reconstruction of any lost data.
Directors and users agree that they are solely responsible for the
content or information Directors and users publish, post or display
on the website, or transmit to other Directors and users.
You agree to use the Service in a manner consistent with any and
all applicable laws and regulations that you will not post any transmissions
constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any
local, state, national or international law. You agree that you
will not post on the website, or transmit to other Directors and
users or employees, any defamatory, inaccurate, abusive, obscene,
profane, offensive sexually oriented, threatening, harassing, racially
offensive, or illegal material, comments, suggestions, photos, or
any material that infringes or violates another party's rights (including,
but not limited to, intellectual property rights, and rights of
privacy and publicity). Please notify us of any material contained
on the website that you believe infringes these rules by sending
an email to
You will not engage in advertising to, or solicitation of, other
Directors and users to buy or sell any products or services through
the website. You will not transmit any chain letters, spam or junk
email to other Directors and users.
You will not harvest or collect personal information about other
Directors and users whether or not for commercial purposes, without
their express consent. You will not use any robot, spider, site
search/retrieval application, or other manual or automatic device
or process to retrieve, index, "data mine", or in any way reproduce
or circumvent the navigational structure or presentation of the
website or its contents. You will not "frame" or "mirror" any part
of the website, without our prior written authorization. You also
shall not use metatags or code or other devices containing any reference
to Team National or the website in order to direct any person to
any other website for any purpose. You will not modify, adapt, sub-license,
translate, sell, reverse engineer, decipher, de-compile or otherwise
disassemble any portion of the website or any software used on or
for the website or cause others to do so.
You will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights.
We reserve the right to terminate or restrict your access to the
website if, in our opinion, your use of the website may violate
any laws, infringe upon another person's rights or violate the terms
of this Agreement.
Links to Other websites.
Team National expends great efforts to provide only high quality
web resources that are valuable and appropriate. However, because
Team National does not have control over the changing nature of
content on sites that are listed in its links, Team National lists
third party sites for use at the user's risk and explicitly disclaims
any responsibility for the accuracy, content, or availability of
information the resources may contain. Subsequently, Team National
does not warrant or guarantee that information from a listed site
will not contain material that is inaccurate, or which some individuals
may deem inappropriate or objectionable.
The contents of the website, such as text, graphics, logos, audio
clips, video, photographs, software, and other information (the
"Content") is the property of Team National and/or its affiliates
or partners, and is protected by federal and international copyright
and trademark laws, or other proprietary rights. These rights are
protected in all forms, media and technologies existing now or hereinafter
developed. You may print and download portions of material from
the different areas of the website solely for your personal non-commercial
use or your non-commercial use or as otherwise permitted in writing.
No portion of the Content may be reprinted, republished, modified,
or distributed in any form without the express written permission
of Team National, unless otherwise noted. Certain content may be
licensed from third parties and all such third party content and
all intellectual property rights related to the content belong to
the respective third parties. You may not remove, alter or modify
any copyright, trademark or other intellectual property or proprietary
notice or legend contained on the website or the Content. Any rights
not expressly granted by this Agreement or any applicable end-user
license agreements are reserved by Team National.
Team National, the logo, and all product and service names, company
names, and other logos, unless otherwise noted, are trademarks and/or
trade dress of Team National, Inc., The use or misuse of any Marks
or any other materials contained on the website, without the prior
written permission of their owner, is expressly prohibited. Nothing
contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent or trademark
of Team National or any third party.
ANY UNAUTHORISED USE OF ANY MATERIALS CONTAINED ON THIS WEBSITE
MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY
AND PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES.
Limitation of Liability.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN
THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEAM NATIONAL
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION,
TEAM NATIONAL DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA
THIS WEBSITE IS CURRENT, COMPLETE, OR ERROR-FREE. SOME STATES/PROVINCES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
OR OTHERWISE, SHALL TEAM NATIONAL, IT'S SUBSIDIARIES, AFFILIATED
ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR
ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE
TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL
DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE,
THE COMMUNITY OR CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING
THERETO EVEN IF TEAM NATIONAL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE
AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE,
THEN TEAM NATIONAL'S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE
EXTENT PERMITTED BY APPLICABLE LAW.
Account and Password.
You are solely responsible for all activities within your account
under your password and Team National identification number. Your
password should be treated with care and should not be disclosed
to anyone. You cannot use your password or anyone else's password
for any unauthorized purpose. You indemnify Team National and its
staff from all claims and liabilities made by a third party resulting
from all activities incurred within your account.
In consideration of your use of the website you agree to: (i) provide
true, accurate, and current and complete information about yourself
or your organization as prompted by the website (the "registration
information"); and (ii) maintain and update the Registration Information
to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, we may suspend or
terminate your account and decline to permit your continued use
of the website and future access to the website.
You agree to indemnify, defend and hold Team National and its affiliates,
subsidiaries officers, directors, employees and agents harmless
from and against any and all claims, demands, actions, costs, liabilities,
losses and damages of any kind (including actual attorneys' fees)
resulting from (i) your use, misuse or abuse of the website, (ii)
your use or purchase of services or goods provided through the website,
or (iii) your breach of any provision of this Agreement. You will
cooperate as fully as reasonably required in Team National's defense
of any claim. Team National reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event
settle any matter without the written consent of Team National.
Customer Product Guarantee.
At Team National we stand behind our
products with a money back guarantee. If you are dissatisfied with
your purchase just return it to Team National within 30 days for
commissionable products, and 30 days for non-commissionable products,
and we will refund the cost of the product with appropriate offsets.
Dicks Special Seasoning is non-refundable as 100% of the proceeds
go to charity.
Commissionable products are defined as: Any private label product
sold by Team National Products Inc. that is eligible for commission
in the Team National Product Program. Any commissionable product
postmarked within 30 days of the purchase date received by Team
National Returns in resalable condition is eligible for replacement,
exchange or refund minus a 5% processing fee. No shipping and handling
will be refunded nor will return shipping be paid by Team National
for exchanges or replacements. Any packages returned to Team National
as undeliverable or unable to forward will be put into stock and
no refund will be issued. Any packages returned to Team National
as refused will be automatically refunded minus a 5% processing
fee. Any item being returned for a refund must have an accompanying
invoice to verify generation of the sale at Team Nationals home
office in Davie FL. Any items purchased at a local or regional event
must be refunded, replaced or exchanged by the individual(s) hosting
the event. Any items purchased from the Arkansas showroom must be
returned to the Team National home office in Davie FL for refund,
exchange or replacement.
Any commissionable product received by Team National Returns postmarked
within 30 days of the purchase date and in non-resalable condition
will be eligible for refund in the form of BigN Bucks, minus a 5%
Any commissionable product received by Team National returns that
is not postmarked within thirty days of the original purchase date
is not eligible for refund, replacement or exchange, regardless
of the ability to resell the product. All return shipping costs
will be incurred by the customer.
Non-commissionable products are defined as: Any product sold by
Team National Products Inc. that is not eligible for commission
in the Team National Product Program.
Apparel items are eligible for return, refund or exchange if received
by Team National Refunds in a package post marked within 30 days
of the original purchase date of the item being returned. In order
to be eligible for refund, replacement or exchange the apparel item
must be returned in the condition in which it was received by the
customer. If the items have been laundered, or altered in any way
they will not be eligible for refund, replacement or exchange.
Any apparel item received by Team National Returns in a package
post marked after thirty days from the original purchase date will
not be eligible for refund, replacement or exchange. All return
shipping fees will be incurred by the customer. there will be a
5% processing fee charged against any refund or exchange.
Training tools are eligible for return refund or exchange if returned
back to Team National in a package post marked within 30 days of
the original date of sale. All return shipping fees will be incurred
by the customer. and there will be a 5% restocking fee charged against
the refund or exchange.
Training tools sent back for refund or exchange after 30 days of
original purchase date, but not exceeding 1 year (12 months) may
be refunded minus a 5% restocking fee in Big N Bucks, only if the
version of the tools sent in for refund is current. Team National
will not refund out dated training tools nor will Team National
issue refunds on any training tools that have been purchased in
excess of 1 year (12 months) prior to the date returned.
Any claims of missing or damaged items and lost shipments or any
other order exception must be made within 30 days of the original
purchase date. The only exception to this rule is an order purchased
at a National convention in which case the claim must be made at
the convention. Claims for convention purchases will not be accepted
after the last day of the convention.
For IMDs, your user license includes a revocable right to access
and use certain trade secret, confidential, and proprietary business
information, which includes, without limitation, geneology information,
i.e., information compiled by Team National that discloses or relates
to all or part of the downline or upline within the IMD's sales
organization, including, without limitation, IMD lists, and all
IMD contact and business performance information. You acknowledge
that Team National is the exclusive owner of all such confidential
information and agree to maintain all confidential information in
strictest confidence and to use it only as authorized by Team National.
You agree not to compile, organize, access, create lists of, or
otherwise use confidential information except as authorized by Team
National under the IMD Policies and Procedures, as amended.
Linking and Framing Policy.
This website may contain links to other websites operated by third
parties. The linked sites are not under our control and we are not
responsible for their content. Such links do not imply our endorsement
or guarantee of the products, information, or recommendations provided
by any third party site. The third party site may have a privacy
policy different from ours and may provide less security than this
website. We disclaim all liability with regard to your access to
such linked websites. We provide links to other sites as a service
to users, and access to any other sites linked to this website is
at your own risk.
You may not link to or from our website
with any other website, unless expressly given permission by Team
Acceptable and Lawful Use of the website.
Any information provided to Team National in connection with use
of the website: (a) shall not be false, inaccurate or misleading;
(b) shall not be obscene or indecent; (c) shall not contain any
viruses, Trojan horses, worms, time bombs, or other computer programming
routines that are intended to intercept or expropriate any system,
data or personal information, or to damage, detrimentally interfere
with any system.; (d) shall not infringe on any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (e) shall not be defamatory, libelous,
unlawfully threatening or harassing; and (f) shall not create liability
for Team National or cause us to lose the services of our Internet
service providers or other suppliers.
You agree not to interfere or take action that results in interference
with or disruption of the website or servers or networks connected
to this website. You agree not to attempt to gain unauthorized access
to other computer systems or networks connected to this website.
Team National strictly prohibits the sending of unsolicited bulk
email (spam). Spam is defined for this purpose as sending messages
similar in content to any persons, entities, newsgroups, forums,
email lists, or other groups or lists unless prior consent has been
obtained from the email recipient or unless there is a preexisting
business or personal relationship with the email recipient. Team
National also prohibits using false headers in emails or falsifying,
forging or altering the origin of any email in connection with Team
National, and/or its products and services. Team National prohibits
engaging in any of the foregoing activities by using the service
of another provider, remailer service, or otherwise. If you or anyone
you know is "spammed" by someone who is selling or describing Team
National’s products and services, please contact us promptly so
that we make take appropriate action.
Governing Law, Jurisdiction and Venue.
This Agreement and access to the website shall be governed by and
construed in accordance with the law of the state of Florida, exclusive
of its choice of law rules and matters affecting copyrights, trademarks
and patents under U.S. federal law. You hereby irrevocably and unconditionally
consent to submit to the exclusive jurisdiction of the courts of
the state of Florida and of the United States of America located
in Florida for any litigation arising out of or relating to use
of the website or purchases of services made through the website
(and agree not to commence any litigation relating thereto except
in such courts). You hereby irrevocably and unconditionally waive
any objection to the laying of venue of any such litigation in the
courts of the state of Florida and agree not to plead or claim in
any court in the state of Florida that such litigation brought therein
has been brought in an inconvenient forum.
No delay or omission by either party hereto to exercise any right
or power occurring upon any noncompliance or default by the other
party with respect to any of the terms of this Agreement shall impair
any such right or power or be construed to be a waiver thereof.
The terms and conditions of this Agreement may be waived or amended
only in writing and only by the party that is entitled to the benefits
of the term(s) or condition(s) being waived or amended. Unless stated
otherwise, all remedies provided for in this Agreement shall be
cumulative and in addition to and not in lieu of any other remedies
available to either party at law, in equity, or otherwise.
In the event that one or more portions of this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable
in any respect, such validity, illegality or unenforceability shall
not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience
of reference and are not to be used as an aid in the interpretation
of this Agreement.
You may not assign your rights or delegate your responsibilities
hereunder without the express written permission of Team National,
except pursuant to the sale of your business, or all or substantially
all of its assets. Team National may, at any time, assign its rights
or delegate its obligations hereunder without notice to you.
Third Party Beneficiary Rights.
No person not a party to this Agreement is intended to be a beneficiary
of this Agreement, and no person not a party to this Agreement shall
have any right to enforce any term of this Agreement.
We reserve the right, in our sole discretion, to change these Terms
at any time. Updated versions of the Terms will be posted here on
our website and are effective immediately. The date of the newest
version is posted below. Please check back frequently, especially
before you use our website, to see if these Terms have changed.
Continued use of the website after any changes to the Terms constitutes
your consent to such changes.
If you have any concerns about the website or these Terms, please
send an e-mail , or call 800-227-6030. We will make every reasonable
effort to address your concerns and remedy any problems you bring
to our attention.