Terms of Use

WEBSITE TERMS OF USE

The Big Ten Conference, Inc., including its subsidiaries and affiliates (collectively, the “Conference”), requires all visitors to this website and all other websites and domains owned and operated by the Conference on the world wide web (collectively, the “Website”) to adhere to the following terms and conditions:

By accessing and/or using the Website and the information, content, forms, photographs, graphics, videos, software, or other products or services available by or through the Website (the “Content”), You acknowledge that You have read, understood, and agree to be bound by these Terms of Use (the “Terms”), and that, to the extent applicable, the Terms supplement Your existing account agreement(s), if any, with the Conference. Please read the following terms and conditions carefully.

Parties

As used herein, the term “You” and “Your” shall mean You, individually, and each other party on whose behalf You may use the Website at any time. All references to “We”, “Us” or “Our” shall refer to the Conference. The Website is operated by The Big Ten Conference, Inc.

Usage and Proprietary Rights

All right, title, and interest in this Website and the Content is the exclusive property of the Conference, except as otherwise expressly stated. We grant You, for the term of these Terms, a personal, limited, non-exclusive, revocable (at any time), non-transferable and non-sublicenseable license to access the Website and the Content subject to these Terms. You have no ownership rights in the Content, which is owned by Us or Our licensors, and is protected under copyright, trademark, and other intellectual property or applicable laws. You receive no copyright or any other intellectual property right in or to the Content, except to the extent expressly provided in the license above. You may use the Content only for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, sublicense, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content, including, but not limited to, any information, software, products or services obtained from the Website, except for the purposes expressly provided herein, without Our prior written approval. You acknowledge that We may provide certain portions of the Content under license from Third Party Providers, and You agree to comply with any additional restrictions on Your usage that We may communicate to You from time to time, or that are otherwise the subject of an agreement between You and such licensors. We retain exclusive control over the Content, and reserve the right, at any time and in Our sole discretion, without prior notice to You, to: (a) change, suspend or discontinue all or a portion of the Content; (b) impose limits on, restrict or terminate Your access to all or a portion of the Content; or (c) terminate Your license at any time and for any reason. You agree that We may monitor Your use of the Content, consistent with our Privacy Notice.

Restricted Content

All trademarks, service marks, slogans, logos, trade dress and other identifiers (collectively, the “Marks”) displayed on the Website are the property of the Conference, or their respective Mark holders. The names of other companies and third-party products or services mentioned on the Website may be the trademarks or service marks of their respective Mark holders and are used by the Conference consistent with such third-party Mark holder(s)’s rights. The Marks are protected by U.S. and foreign trademark laws, which may include common law rights and relevant statutes. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the express written permission of the Conference or such other party that may own the marks.

Copyright Notifications

Pursuant to Section 512(c)(2) of the Copyright Act, the Conference designates the following agent to receive notifications of claimed infringement:

Copyright Infringement Committee Contact Information

5440 Park Pl

Rosemont, IL 60018

Attn: Copyright Infringement copyright@bigten.org

+1 (847) 737-8688All other notices or inquiries can be directed to privacy@bigten.org 

Additional Terms

Certain sections of Our Website or other pages accessible from Our Website may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, You agree to be bound by those terms and conditions. In the event of a conflict, those additional terms and conditions will govern Your use of those sections or pages. You may be asked to execute supplemental agreements before You are permitted to access or use certain features or functionality within the Website and/or such sections or pages (each, a “Supplemental Agreement”). In the case of any Supplemental Agreements presented to You through Our Website which require your consent, You authorize Us to rely upon “checks” or “clicks” in designated locations that are attributable to Your password or login credentials as Your consent to the terms of such Supplemental Agreements. These Terms are in addition to any Supplemental Agreement and are not intended to supersede or modify any such Supplemental Agreement.

Unauthorized Use

Unauthorized use of the Website, Content, or Our systems, including, but not limited to, unauthorized entry into Our systems, misuse of passwords or misuse of any other information, is strictly prohibited. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Website may be subject to prosecution. You may not use the Website or the Content in any manner that could damage, disable, overburden, or impair any or Our Website, Content, or services, or otherwise interfere with any other party’s use and enjoyment of the Website or the Content. You shall not introduce, nor permit any person to introduce into the Website or Content, any code or malicious or hidden mechanisms that would impair the operation of the Website or Content, or of Our computers, networks, or other devices or software. The Conference prohibits caching, unauthorized hypertext links to the Website, and the framing of any Content available on the Website. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other websites linked to Our Website.

Third Party Links

Certain links may let You leave the Conference Website. The linked websites are not under the control of the Conference and We are not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. The Conference is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement, investigation, verification, or monitoring by Us of such third-party website.

Change to Terms and Conditions

We reserve the right to add, delete, or otherwise modify the Terms (or any Supplemental Agreements) at any time without notice to You. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” link located at the bottom of this Website. Any continued use of the Website after such additions, deletions or modifications shall be deemed to constitute acceptance by You of the additions, deletions, or modifications.

Representations and Warranties

You represent and warrant, each time You access the Website or use the Content, that: (a) You have the power and authority to enter into and perform Your obligations under these Terms and these Terms are Your legal, valid, binding, and enforceable obligation; (b) You are providing your informed consent and agree to be bound by the terms of these Terms; and (c) You shall only use the Website and the Content in accordance with these Terms, any applicable Supplemental Agreement and applicable law.

Disclaimer of Warranties

THE SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. ALTHOUGH THE CONFERENCE TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE WEBSITE, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. THE CONFERENCE RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANYTIME AND WITHOUT NOTICE. NEITHER WE NOR ANY THIRD-PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES: (A) WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT; OR (B) THAT THE CONTENT SHALL BE UNINTERRUPTED OR ERROR FREE. FURTHER, WE AND ANY THIRD-PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE CONTENT. YOU ASSUME THE ENTIRE RISK TO THE USE OF THE WEBSITE AND THE CONTENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE BIG TEN CONFERENCE, INC., ITS AFFILIATES, SUBSIDIARIES, MEMBER INSTITUTIONS, CONTROLLING BODIES, INCLUDING THEIR THIRD PARTY PROVIDERS, CONTRACTORS, TECHNOLOGY OR CONTENT PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, OFFICIALS, OR EMPLOYEES (COLLECTIVELY, THE “CONFERENCE PARTIES”) HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL, STATUTORY, OR PUNITIVE (TOGETHER, “COSTS”), ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OR THE PERFORMANCE OR BREACH OF THESE TERMS, THE PRIVACY NOTICE, YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO ACCESS THE CONTENT, OR FOR ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICE MADE AVAILABLE TO YOU VIA THE WEBSITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY CONFERENCE PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY CONFERENCE PARTY, INCLUDING ANY THIRD-PARTY PROVIDER OF SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE ACCOUNT SERVICE, SUPPLEMENTAL AGREEMENT, OR ANY OTHER AGREEMENT BETWEEN YOU AND ANY CONFERENCE PARTY. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

Your Indemnification Obligations

You agree to defend, indemnify, and hold the Conference, including its directors, officers, employees, and agents, and all other Conference Parties, harmless from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Website, or its Content, by You or any party on Your behalf.

Disputes

These Terms shall be governed by, and construed in accordance with, Illinois law without giving effect to principles of conflict of law. Any party bringing legal action or proceeding against the other for any dispute or controversy between the parties arising out of or relating to these Terms, the Website, the Content, or the use thereof, agrees that prior to filing any lawsuit relating to any claim hereunder, You agree to first send a detailed notice (a “Claim Notice”) to the Conference by email at privacy@bigten.org. Your Claim Notice must contain all of the following information: (1) Your full name; (2) Your address; (3) Your telephone number; (4) Your email address; (5) information sufficient for the Conference to identify any transaction at issue (e.g., any communications or documentation between you and the Conference or any affiliate, subsidiary, member institution, controlling bodies, including their third party providers, contractors, technology or content providers, or any of their respective officers, directors, owners, agents, officials, or employees; and (6) a detailed description of your claim, including the nature and basis of your claim(s), and the nature and basis of any relief you are seeking, including a calculation and justification for such calculation. You must personally sign the Claim Notice. In the event the Conference has a dispute with You, it will first send a Claim Notice to your email address on file with the Conference, which Claim Notice will include, among other things, a detailed description of your claim, including the nature and basis of your claim(s), and the nature and basis of any relief you are seeking, including a calculation and justification for such calculation.

You and the Conference agree to negotiate in good faith for a period of at least 60 days from the date of the Claim Notice, in an effort to resolve the claim without undue cost or delay in a formal proceeding. In the event the Conference requests a telephone conference in an effort to resolve the dispute You (and Your counsel, if you are represented by counsel) agree to personally participate in good faith. Compliance with and completion of this mandatory dispute resolution process is a condition precedent to filing any lawsuit, and you agree that the Conference shall be entitled to immediate dismissal with prejudice of any claims asserted by you if you fail to follow this process or, if the court shall elect, any lawsuit may be enjoined unless or until such time as you have completed this dispute resolution process. Notwithstanding the foregoing, the statute of limitations shall be tolled while the parties engage in this process. In the event You and the Conference are unable to resolve any such dispute, either You or the Conference may bring a legal action or proceeding in: (i) the United States District Court for the Northern District of Illinois; or (ii) the Cook County Circuit Court, if there is no federal subject matter jurisdiction, and You agree that such courts shall have exclusive personal jurisdiction.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE CONFERENCE AGREE THAT ANY AND ALL CLAIMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR REPRESENTATIVE ACTION. NEITHER YOU NOR THE CONFERENCE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS/CONSUMERS OR BRING OR PARTICIPATE IN, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY LAWSUIT OR OTHER DISPUTE RESOLUTION PROCEDURE. YOU AND THE CONFERENCE EXPRESSLY WAIVE EACH OF YOUR RESPECTIVE RIGHTS TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A class basis.

Injunctive Relief

You acknowledge that any violation of the terms of these Terms, or misuse of the Website or the Content, or infringement of any Mark may cause the Conference irreparable harm, the amount of which may be difficult to ascertain, and therefore You agree that the Conference shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as the Conference deems appropriate. This right of the Conference is to be in addition to the remedies otherwise available to Conference.

Waiver of Trial by Jury

EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING AGAINST THE OTHER FOR ANY DISPUTE OR CONTROVERSY BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS WEBSITE, THE CONTENT, OR THE USE THEREOF. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.

Third Party Beneficiaries

To the extent the Content contains data or information provided by Third Party Providers or are otherwise contributed to by Third Party Providers, such Third Party Providers shall be considered third party beneficiaries of these Terms.

Assignment; Waiver

You may not assign, sublicense, delegate, subcontract or otherwise transfer Your rights, duties, and obligations under these Terms to a third party without Our express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence.

Entire Agreement

These Terms, together with any and all Supplemental Agreements constitute the entire agreement between You and Us with respect to Your use or access of the Website or the Content.

Severability

If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

Remedies

Any cause of action with respect to the Website or the Content must be commenced by You within one year after the claim or cause of action arises. The rights and remedies of the parties hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity.

Commitment to Privacy

The Conference is committed to protecting the confidentiality of the information furnished to You. Our Privacy Policy may be reviewed at any time at https://www.bigten.org/about/legal/privacy-policy/

Last updated: 8/7/2023