Terms of Service
Last updated: March 29, 2023
When you accept this Agreement by checking the box and clicking on Complete Purchase in the store, this Agreement will be a binding legal agreement between you and Big Word Club Plus. Big Word Club Plus is the premium business name of Big Word Club, a dba of Yesterday’s Zoo LLC. We will refer to the corporation throughout this Agreement as “Big Word Club” and "Big Word Club Plus", "we" or "us." This Agreement sets forth the terms and conditions governing your use of our "website" and “apps” (Big Word Club Plus https://bigwordclubplus.com as a subscriber. In order to subscribe to our website and apps, you must accept the Agreement. Please read this Agreement carefully. By using our website, you also agree to abide by our Privacy Policy applicable to all visitors to our website (whether subscribers or not) and any modifications thereto. To subscribe to our website, you must be 18 years of age or older or have your parents subscribe for you.
Becoming a subscriber requires you to register an account. You agree to provide the accurate and current information requested during registration and to promptly update your information as necessary to keep it accurate and complete at all times. You agree to keep confidential all personal identifiers resulting from registering with our website (such as passwords and usernames) and to be held responsible for all activities under your account. Further, you agree to notify us of any unauthorized use of your password or account. You acknowledge that our website is restricted to subscribers who supply us with valid billing information.
Big Word Club and Big Word Club Plus offer two subscriptions, one is monthly and one is annual. All subscriptions will renew automatically, at the pricing level at the time of renewal, unless you cancel your subscription prior to its anniversary date. If you cancel your subscription during its valid period, we will continue to grant you access to our website and charge monthly installment payments until the end of the subscription period. There are no refunds.
1. Content
The content offered through our website and apps (the “Content”) is protected by copyright laws. All title and copyrights in and to the Content are the property of Big Word Club and Big Word Club Plus and are both owned by Yesterday’s Zoo LLC. The Content is licensed to you for the duration of your subscription to our website, subject to the terms of this Agreement. Your right to use the Content is limited, personal, non-transferable, and non-exclusive. You may not copy, modify, rent, lease, or sublicense the Content, create derivative works based on the Content, or otherwise commercially exploit the Content. You may use your subscription on any computer, but you must use a valid subscriber account to access our website.
In connection with the use of our website and apps, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, child protection, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. You acknowledge sole liability for violations of any such laws or of this Agreement and release Big Word Club and Big Word Club Plus from any claims or liabilities with respect to the same.
Except as expressly provided, nothing herein or within our website and apps shall be construed as conferring any intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of this Agreement.
2. Warnings
We make no representation that our website and apps are free of viruses, worms or other malicious or rogue software (“Rogue Programming”). Any downloading of Content or other materials or any other use of our website is at your own risk, and you are advised to take adequate precautions to minimize any loss to you caused by any Rogue Programming, including use of such measures as anti-virus programs and proper backup of files.
You are cautioned that any online communications may not be fully confidential and secure. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel at Big Word Club and Big Word Club Plus may, in the course of their regular duties, have access to communications for technical or operational purposes. We may also disclose any communications to the extent permitted or required by law or when required in order to resolve disputes between you and us.
3. No Warranties; Limitations of Liability and Indemnities
OUR WEBSITE AND APPS AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BIG WORD CLUB OR BIG WORD CLUB PLUS NOR ITS EMPLOYEES, MANAGERS, OWNERS, LICENSORS OR ANY OF ITS MEMBERS OR AFFILIATES WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BIG WORD CLUB, ITS EMPLOYEES, MANAGERS, OWNERS, LICENSORS, MEMBERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE OUR WEBSITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON OUR WEBSITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST BIG WORD CLUB AND BIG WORD CLUB PLUS, ITS EMPLOYEES, MANAGERS, OWNERS, LICENSORS, MEMBER AND AFFILIATES ARISING FROM OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE AND APPS AND/OR THE CONTENT. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, BIG WORD CLUB AND BIG WORD CLUB PLUS, ITS EMPLOYEES, MANAGERS, OWNERS, LICENSORS, MEMBER AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF OUR WEBSITE, UNAUTHORIZED USE OF YOUR ACCOUNT, PASSWORDS OR USER NAMES, OR YOUR FAILURE TO ABIDE BY APPLICABLE LAW.
4. Suspension or Termination of Service or Your Account
You acknowledge and agree that we reserve the right, at any time, to modify or discontinue our website, or any part of it, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
You further acknowledge and agree that we, in our sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, our website and apps and the Content, and remove and discard any information or content related to your use of our website, for any reason, including if we believe that you have violated this Agreement. You further agree that we shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with our website or with any terms, conditions, rules, policies, guidelines, or practices of Big Word Club and Big Word Club Plus in operating our website, your sole and exclusive remedy is to discontinue use of our website.
Big Word Club’s and Big Word Club Plus’s rights and defenses hereunder shall survive the termination of your account and this Agreement.
5. Big Word Club’s Intellectual Property
Big Word Club and Big Word Club Plus is a trademark of Yesterday’s Zoo LLC. All product, brand and company names and logos used on our website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on our website (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.
Big Word Club and Big Word Club Plus trademarks, the Big Word Club and Big Word Club Plus logo, and any other product or service name or slogan contained in our website and the Content are trademarks, trade dress and service marks of Big Word Club and Big Word Club Plus and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written consent of Big Word Club and Big Word Club Plus or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Big Word Club" or “Big Word Club Plus” or any other name, trademark, service mark or product or service name of Big Word Club without our prior written permission. In addition, the look and feel of our website and apps, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dresses of Big Word Club and Big Word Club Plus and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names and company names or logos mentioned in our website are the property of their respective owners. Our reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation thereof.
All information and Content contained on, or made available over, our website is owned by or licensed to Big Word Club and Big Word Club Plus, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Big Word Club and Big Word Club Plus reserves all rights to the Content.
6. License and Site Access
Big Word Club and Big Word Club Plus grants you a limited license to access and make personal use of our website and not to download (other than necessary for page viewing) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of our website or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of our website and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. Our website or any portion of it may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Big Word Club and Big Word Club Plus without express written consent. Any unauthorized use of our website automatically terminates your permission or license to use our Site.
You agree that you will not send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use our website and apps for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
Big Word Club and Big Word Club Plus attempts to provide accurate descriptions of the Content. However, we do not warrant that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
Our website and apps may include links to other Internet sites as a convenience to you. We do not monitor or endorse any such sites or the information, products or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk.
7. Miscellaneous Provisions
This Agreement supersedes any prior agreements, understandings and representations between you and us relating to the subject matter of this Agreement. Our failure to insist upon or enforce strict performance of any right or provision of this Agreement shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein, and the affected provisions will be amended to the form most similar to the original which is in compliance with the law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, USA and the federal laws of the United States of America applicable thereto. You agree that any dispute in connection with our website and/or Content shall be the sole and exclusive jurisdiction of the Colorado Supreme Court or the U.S. Federal District Court located in Denver, Colorado, and you irrevocably submit to the jurisdiction of such courts and agree to accept service of process by electronic mail.
In connection with our website and apps, you may receive hardware or software devices as part of a promotion or other marketing event (each a "Promotional Item"). A Promotional Item provided to you is provided as a courtesy only in connection with your subscription to our website. Any Promotional Item is provided on an "as is" and "as available" basis. Any Promotional Item is for personal use only and cannot be resold. Under no circumstances will we, our employees, managers, members, affiliates or third-party suppliers, be responsible or liable for any damages whatsoever, including direct, indirect, special or consequential damages, that may arise out of or in connection with (i) the provision of a Promotional Item, (ii) the use of, inability to use or performance of a Promotional Item, or (iii) the design, manufacture, operation or malfunction of the Promotional Item. Use of a Promotional Item is subject to the manufacturer’s requirements, including minimum systems requirements. Additional hardware and/or software may be required in order to use a Promotional Item. Customer service and support is not provided for Promotional Items.
This Agreement is subject to change from time to time, and your continued use of our website is conditioned upon your acceptance of any modifications hereto.
You may email us at You may also send mail us at: https://bigwordclubplus.com or Big Word Club, P.O. Box 7477, Boulder, CO 80306