IMPRINT: BIGELOW WEBSITE INNOVATION (BWI) GMBH
The publisher, editor and owner of bigelow.ch is:
Daniel R. Bigelow (Canadian/Swiss) Sigriswilstrasse 159, 3655 Sigriswil, Switzerland Office tel: 033 535 52 72 Mobile tel: 078 634 73 84 Email: daniel@bigelow.ch
The purpose of the company is to provide the following services:
Details of the company can be found in the Bern Commercial Registrar.
Stock images are supplied to BWI under license by StockPhotoSecrets
AGREEMENT BETWEEN THE USER OF THIS WEBSITE AND BWI GMBH
The BWI Website is comprised of various Web pages operated by BWI.
The BWI Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BWI Website constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
BWI reserves the right to change the terms, conditions, and notices under which the BWI Website is offered, including but not limited to the charges associated with the use of the BWI Website.
LINKS TO THIRD PARTY SITES
The BWI Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of BWI and BWI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BWI is not responsible for webcasting or any other form of transmission received from any Linked Site. BWI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BWI of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BWI Website, you warrant to BWI that you will not use the BWI Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BWI Website in any manner which could damage, disable, overburden, or impair the BWI Website or interfere with any other party's use and enjoyment of the BWI Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BWI Websites.
USE OF COMMUNICATION SERVICES
The BWI Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
BWI has no obligation to monitor the Communication Services. However, BWI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BWI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BWI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BWI's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BWI does not control or endorse the content, messages or information found in any Communication Service and, therefore, BWI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BWI spokespersons, and their views do not necessarily reflect those of BWI.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BWI GMBH
BWI does not claim ownership of the materials you provide to BWI (including feedback and suggestions) or post, upload, input or submit to any BWI Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BWI, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BWI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BWI's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the BWI Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. BWI and/or its suppliers may make improvements and/or changes in the BWI Website at any time. Advice received via the BWI Website should not be relied upon for personal, medical, legal or financial decisions; you should consult an appropriate professional for specific advice tailored to your situation.
BWI and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the BWI Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. BWI and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall BWI and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the BWI Website, with the delay or inability to use the BWI Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the BWI Website, or otherwise arising out of the use of the BWI Website, whether based on contract, tort, negligence, strict liability or otherwise, even if BWI or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the BWI Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the BWI web site.
TERMINATION/ACCESS RESTRICTION
BWI reserves the right, in its sole discretion, to terminate your access to the BWI Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the canton of Bern, Switzerland and you hereby consent to the exclusive jurisdiction and venue of courts in Bern, Switzerland in all disputes arising out of or relating to the use of the BWI Website. Use of the BWI Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BWI as a result of this agreement or use of the BWI Website. BWI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BWI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BWI Website or information provided to or gathered by BWI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BWI with respect to the BWI Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BWI with respect to the BWI Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the BWI Website are Copyright by BWI GmbH and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE IN THE CASE OF A LEGAL DISPUTE
Jurisdiction for the client and the BWI GmbH is the domicile of BWI GmbH. The latter, however, is entitled to sue the customer's domicile. All legal disputes are governed by Swiss law.