Terms of Service

1. Acceptance of Terms

Welcome to FWPBIGTIME LLC ("FWP Bigtime," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FWPBIGTIME LLC governing your access to and use of our websites, platforms, digital products, and related services (collectively, the "Services").

By accessing, browsing, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of our Services.

We reserve the right to modify, amend, or update these Terms at any time and for any reason, with or without prior notice. Your continued use of the Services following any such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

• "Company," "we," "us," or "our" refers to FWPBIGTIME LLC, a limited liability company organized and existing under the laws of the State of Utah, with its principal office located at 500 S Oak Ln, Alpine, UT 84004-1710.
• "User," "you," or "your" refers to any individual or entity that accesses, browses, or uses our Services in any capacity.
• "Services" refers to all websites, applications, platforms, content, products, features, and services operated or provided by FWPBIGTIME LLC.
• "Content" refers to all text, images, graphics, video, audio, data, software, and other materials made available through the Services.
• "User Content" refers to any content, data, information, or materials that you submit, upload, post, or transmit through the Services.
• "Intellectual Property" refers to all patents, trademarks, service marks, trade names, copyrights, trade secrets, domain names, logos, and other intellectual property rights associated with the Services.

3. Eligibility

By using our Services, you represent and warrant that:

• You are at least 16 years of age, or the age of legal majority in your jurisdiction, whichever is greater
• You have the legal capacity and authority to enter into a binding agreement
• You are not barred from using the Services under any applicable law or regulation
• If you are accessing the Services on behalf of a business entity, you have the authority to bind that entity to these Terms
• Your use of the Services does not violate any applicable law, regulation, or obligation to any third party

We reserve the right to refuse service, terminate accounts, or restrict access to the Services at our sole discretion if we believe you do not meet any of the above eligibility requirements.

4. Description of Services

FWPBIGTIME LLC provides digital services, brand development, business consulting, creative design, digital marketing, and related solutions. The specific features, functionality, and scope of our Services may vary and are subject to change without prior notice.

4.1 Service Availability

We strive to maintain continuous availability of our Services but do not guarantee uninterrupted or error-free operation. Access to the Services may be limited due to scheduled maintenance, system updates, or circumstances beyond our reasonable control.

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

4.3 Scope of Engagement

Specific deliverables, timelines, scope of work, and performance standards for professional services shall be defined in separate service agreements, statements of work, or proposals executed between you and FWPBIGTIME LLC. In the event of a conflict between these Terms and any such separate agreement, the terms of the separate agreement shall control with respect to the subject matter thereof.

5. User Accounts

Certain features of our Services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your account credentials, including your password
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

We reserve the right to suspend or terminate your account at our sole discretion if we reasonably believe that any information provided is inaccurate, that your account has been compromised, or that you have violated these Terms.

6. Payment Terms

6.1 Fees and Charges

Certain aspects of the Services may require payment of fees. All applicable fees will be clearly disclosed prior to purchase or engagement. Prices are quoted in United States Dollars (USD) unless otherwise specified.

6.2 Payment Processing

Payments are processed through third-party payment processors. By providing your payment information, you authorize us and our payment processors to charge the applicable fees to your designated payment method. You represent and warrant that you are authorized to use the payment method you provide.

6.3 Refund Policy

Refund eligibility and procedures shall be determined in accordance with the specific terms of your service agreement or engagement contract. Unless otherwise specified, all sales are final, and no refunds will be issued for completed services or digital products. If you believe you are entitled to a refund, please contact us to discuss your situation.

6.4 Late Payments

Late payments may be subject to interest charges at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is less. You are responsible for all costs of collection, including reasonable attorneys' fees, incurred in collecting any past-due amounts.

6.5 Taxes

You are responsible for all applicable taxes, duties, and levies associated with your purchase or use of the Services, except for taxes based on our net income. We will collect and remit sales tax where legally required.

7. Intellectual Property

7.1 Ownership

All content, materials, features, functionality, and intellectual property associated with the Services are owned by or licensed to FWPBIGTIME LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or materials from the Services
• Use any data mining, robots, scraping, or similar data-gathering or extraction methods on the Services
• Download or cache content other than as expressly permitted
• Use the Services or any content therein for any commercial purpose not expressly authorized by us

7.3 Trademarks

FWPBIGTIME LLC, FWP Bigtime, and all related logos, product names, service names, slogans, and trade dress are trademarks or registered trademarks of FWPBIGTIME LLC. You may not use any of these marks without our prior written permission. All other trademarks not owned by us that appear on the Services are the property of their respective owners.

7.4 Copyright Infringement (DMCA)

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied or used in a manner that constitutes copyright infringement, please submit a notification to our designated agent in accordance with the Digital Millennium Copyright Act (DMCA).

8. User Content

8.1 Responsibility

You are solely responsible for any User Content that you submit, upload, post, or transmit through the Services. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to submit such User Content and to grant us the rights described in these Terms.

8.2 License Grant

By submitting User Content through the Services, you grant FWPBIGTIME LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing the Services and promoting our business.

8.3 Prohibited Content

You agree not to submit User Content that:

• Is unlawful, defamatory, obscene, pornographic, vulgar, offensive, threatening, abusive, harassing, or hateful
• Infringes upon any patent, trademark, trade secret, copyright, or other intellectual property right of any party
• Contains software viruses, malware, or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
• Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity
• Contains unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation
• Violates any applicable law, regulation, or these Terms

8.4 Right to Remove

We reserve the right, but have no obligation, to monitor, review, or remove any User Content at our sole discretion and for any reason, including but not limited to violations of these Terms.

9. Prohibited Conduct

In connection with your use of the Services, you agree that you will not:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services
• Use any robot, spider, scraper, or other automated means to access the Services without our express written permission
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack
• Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network
• Circumvent, disable, or otherwise interfere with any security-related features of the Services
• Use the Services to collect or harvest any personally identifiable information from other users
• Use the Services for any illegal or unauthorized purpose or engage in any activity that violates any applicable law or regulation
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission

10. Privacy

Your privacy is important to us. Our collection, use, disclosure, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the practices described in our Privacy Policy. Please review our Privacy Policy at privacy.html to understand our data handling practices.

11. Third-Party Links and Services

Our Services may contain links to third-party websites, resources, tools, plugins, services, or applications that are not owned or controlled by FWPBIGTIME LLC. Such links are provided for convenience and informational purposes only.

We do not endorse, warrant, or assume responsibility for the content, privacy policies, practices, or availability of any third-party websites or services. Your interactions with any third-party websites or services are solely between you and the applicable third party. We encourage you to review the terms of service and privacy policies of any third-party services you visit.

12. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

FWPBIGTIME LLC DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE
• ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED
• THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FWPBIGTIME LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any other matter relating to the Services

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to defend, indemnify, and hold harmless FWPBIGTIME LLC, its directors, officers, employees, agents, partners, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

• Your use of and access to the Services
• Your violation of any provision of these Terms
• Your violation of any third-party right, including any intellectual property right, privacy right, or proprietary right
• Any User Content you submit, upload, post, or transmit through the Services
• Your violation of any applicable law, rule, or regulation

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

15. Termination

15.1 Termination by You

You may terminate your use of the Services at any time by ceasing to access the Services and, if applicable, deleting your account in accordance with the instructions provided through the Services.

15.2 Termination by Us

We may terminate or suspend your access to the Services at any time, with or without cause, and with or without prior notice, in our sole discretion. Without limiting the foregoing, we may terminate or suspend your access if we reasonably believe that you have violated these Terms or any applicable law.

15.3 Effect of Termination

Upon termination of your access to the Services:

• Your right to use the Services will immediately cease
• We may delete or deactivate your account and all related information and files
• All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services by contacting us at serve@fwbigtime.hair. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within this period, either party may proceed as set forth below.

16.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation, the dispute shall be resolved exclusively through binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Salt Lake City, Utah, and the language of the arbitration shall be English.

16.3 Class Action Waiver

YOU AND FWPBIGTIME LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

16.4 Jury Trial Waiver

BY AGREEING TO THESE TERMS, YOU AND FWPBIGTIME LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

17. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts located in Salt Lake County, Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Changes to These Terms

We reserve the right to modify, amend, or replace these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice through the Services or by sending an email to the address associated with your account.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Services and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

20. Waiver

No waiver by FWPBIGTIME LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be null and void. We may freely assign, transfer, or delegate our rights and obligations under these Terms without restriction and without notice to you.

Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

22. Entire Agreement

These Terms, together with the Privacy Policy and any service agreements, statements of work, or proposals executed between you and FWPBIGTIME LLC, constitute the entire agreement between you and FWPBIGTIME LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

23. Contact Us

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us:

FWPBIGTIME LLC
Attn: Legal Department
500 S Oak Ln
Alpine, UT 84004-1710
United States

Email: serve@fwbigtime.hair
Phone: +1 (984) 334-2604
Website: www.fwbigtime.hair