Terms and conditions

Last updated: September 27, 2026

Agreement to our legal terms

We are Big Opposable Thumb, Inc. ("Company," "we," "us," or "our"), a company registered in Colorado, United States.

We operate the website https://bigopposablethumb.com (the "Site"), as well as related products and services that refer or link to these Terms and Conditions (collectively, the "Services").

You can contact us by phone at (719) 373-1887, by email at thumbsup@bigopposablethumb.com, or by mail at P.O. Box 1444, Palmer Lake, CO 80133, United States.

These Terms and Conditions ("Legal Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Big Opposable Thumb, Inc. concerning your access to and use of the Services.

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Legal Terms.

IF YOU DO NOT AGREE WITH THESE LEGAL TERMS, YOU MUST DISCONTINUE USE OF THE SERVICES.

Supplemental terms, policies, or documents posted through the Services are incorporated into these Legal Terms by reference where applicable.

We may modify these Legal Terms from time to time. When changes are made, we will update the "Last updated" date above. Your continued use of the Services after revised Legal Terms are posted constitutes acceptance of the revised terms to the extent permitted by law.

The Services are intended for users who are at least 18 years old.

1. Our services

Information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would violate applicable law or subject us to additional registration requirements.

Individuals accessing the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Unless expressly stated otherwise, the Services are not designed to comply with industry-specific regulatory requirements such as HIPAA, FISMA, or the Gramm-Leach-Bliley Act. You may not use the Services in a manner that would require us to comply with such requirements unless we have expressly agreed otherwise in writing.

2. Intellectual property rights

Our intellectual property

We are the owner or licensee of intellectual property rights in our Services, including applicable source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively, the "Content" and "Marks").

Our Content and Marks are protected by applicable copyright, trademark, intellectual property, and unfair competition laws.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print portions of Content to which you have properly gained access for personal or internal business purposes.

Except as expressly permitted by these Legal Terms or applicable law, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise commercially exploited without our prior written permission.

Requests concerning use of our Content or Marks may be sent to matt@bigopposablethumb.com.

We reserve all rights not expressly granted.

Your submissions

If you directly provide us with comments, suggestions, ideas, feedback, or similar information regarding our Services ("Submissions"), you grant us the right to use those Submissions for lawful business purposes without compensation or acknowledgment, to the extent permitted by law.

You represent that you have the right to provide any Submission you send to us and that it does not violate applicable law or third-party rights.

You remain responsible for information and materials you provide to us.

3. User representations

By using the Services, you represent and warrant that:

  1. You have the legal capacity to agree to these Legal Terms;

  2. You are at least 18 years old;

  3. Information you provide is accurate and current to the best of your knowledge;

  4. You will not use the Services for an illegal or unauthorized purpose; and

  5. Your use of the Services will comply with applicable laws and regulations.

4. Prohibited activities

You may not use the Services for purposes other than those for which they are made available.

You agree not to:

  • Systematically retrieve or scrape data or Content without authorization;

  • Trick, defraud, or mislead us or other users;

  • Circumvent or interfere with security-related features;

  • Use information obtained through the Services to harass, abuse, or harm another person;

  • Submit false reports of abuse or misconduct;

  • Use the Services in violation of applicable law;

  • Upload or transmit malicious software, viruses, or harmful code;

  • Engage in unauthorized automated use of the Services;

  • Attempt to impersonate another person;

  • Interfere with or disrupt the Services or networks connected to them;

  • Attempt to bypass access restrictions;

  • Reverse engineer software comprising the Services except where expressly permitted by applicable law;

  • Collect contact information for unsolicited communications;

  • Use the Services to infringe the intellectual property, privacy, or other rights of another person; or

  • Otherwise use the Services in a manner that could damage, disable, overburden, or impair them.

5. User-generated content and submissions

Certain portions of the Services may permit users to submit information, messages, files, images, comments, or other materials ("Contributions").

By submitting Contributions, you represent that:

  • You have the right to provide them;

  • They do not infringe third-party intellectual property or privacy rights;

  • They are not unlawful, fraudulent, defamatory, threatening, obscene, or abusive;

  • They do not contain malicious software or harmful code; and

  • Their submission does not violate applicable law.

You retain ownership of your Contributions except for rights reasonably necessary for us to process them, provide Services, respond to your request, or otherwise use them as disclosed at the time of submission.

6. Third-party websites and services

The Services may contain links to third-party websites, services, software, or content.

We do not control and are not responsible for third-party websites, content, privacy practices, security, availability, products, or services.

Accessing third-party websites or services is at your own risk and is subject to the applicable third party's terms and policies.

7. Services management

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Legal Terms;

  • Take appropriate action regarding suspected violations;

  • Restrict or disable access to the Services where reasonably necessary;

  • Remove content that violates these Legal Terms or applicable law; and

  • Otherwise manage the Services to protect our rights, users, systems, and property.

8. Privacy policy

Your use of the Services is subject to our Privacy Policy available at: https://bigopposablethumb.com/privacy-policy

Our Privacy Policy describes how we collect, use, disclose, retain, and protect Personal Information, including specific provisions governing mobile information and SMS/MMS consent.

The Privacy Policy is incorporated into these Legal Terms by reference.

9. SMS/MMS messaging terms

Big Opposable Thumb, Inc. may offer SMS and MMS messaging programs to individuals who expressly opt in to receive such communications.

Depending on the consent you provide, messages may include:

  • Responses to inquiries

  • Appointment information and reminders

  • Project-related communications

  • Customer service messages

  • Account or service updates

  • Transactional or informational communications

  • Marketing and promotional communications when separately authorized

By providing your mobile telephone number and expressly opting in to a Big Opposable Thumb, Inc. messaging program, you consent to receive SMS and/or MMS messages consistent with the consent you provided.

Consent to receive marketing text messages is not a condition of purchasing any goods or services.

Message frequency varies. Message and data rates may apply.

Opting out

You may opt out of SMS/MMS communications at any time by replying STOP to a message.

After you send STOP, we may send a final message confirming your unsubscribe request. You will then receive no further messages from that messaging program unless you subsequently opt in again.

Help

For assistance, reply HELP to a message, email thumbsup@bigopposablethumb.com, or call (719) 373-1887.

Carrier disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

SMS privacy

SMS and MMS communications are subject to our Privacy Policy.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

We do not sell, rent, transfer, or share SMS opt-in data or consent with third parties or affiliates for their own marketing or promotional purposes.

10. Term and termination

These Legal Terms remain in effect while you use the Services.

We reserve the right, to the extent permitted by law, to deny or restrict access to the Services when we reasonably determine that a user has violated these Legal Terms, applicable law, or the rights of the Company or another party.

Termination does not affect rights or obligations that accrued before termination.

11. Modifications and interruptions

We may modify, suspend, or discontinue all or part of the Services from time to time.

We cannot guarantee that the Services will always be available or uninterrupted. Hardware, software, network, maintenance, security, or other issues may cause interruptions, delays, or errors.

To the extent permitted by law, we are not liable for loss or inconvenience resulting solely from temporary inability to access the Services.

12. Governing law

These Legal Terms and your use of the Services are governed by the laws of the State of Colorado, without regard to conflict-of-law principles, except where applicable law requires otherwise.

13. Dispute resolution

Informal negotiations

Before initiating arbitration concerning a dispute related to these Legal Terms, the parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days after written notice of the dispute.

Binding arbitration

If a dispute cannot be resolved through informal negotiations, it will be finally and exclusively resolved through binding arbitration except for disputes expressly excluded below.

Arbitration shall be conducted under the applicable rules of the American Arbitration Association ("AAA").

YOU UNDERSTAND THAT, WITHOUT THIS ARBITRATION PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Arbitration may be conducted through document submissions, telephone, online proceedings, or in person as permitted by applicable rules.

Except where otherwise required by applicable law or AAA rules, arbitration shall take place in Colorado.

Restrictions

To the fullest extent permitted by law, arbitration shall be conducted between the parties individually.

No arbitration shall be joined with another proceeding, and neither party shall pursue arbitration on a class-action or representative basis except where applicable law prohibits such restrictions.

Exceptions

The foregoing informal negotiation and arbitration provisions do not apply to disputes seeking to enforce or protect intellectual property rights, claims involving theft or unauthorized use, invasion of privacy claims, or claims seeking injunctive relief where arbitration is not required by applicable law.

14. Corrections

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions.

We reserve the right to correct errors, inaccuracies, or omissions and update information without prior notice.

15. Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF HARMFUL COMPONENTS.

Nothing in this section excludes warranties or rights that cannot lawfully be excluded.

16. Limitations of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BIG OPPOSABLE THUMB, INC. AND ITS DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR CLAIMS ARISING FROM THE SERVICES WILL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US DURING THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100 USD.

Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, applicable limitations will apply only to the maximum extent permitted by law.

17. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Big Opposable Thumb, Inc. and its officers, directors, employees, agents, partners, and affiliates from claims, losses, damages, liabilities, and reasonable expenses arising from:

  • Your unlawful use of the Services;

  • Your material breach of these Legal Terms;

  • Your violation of third-party rights; or

  • Content or information you submit through the Services.

We reserve the right to assume the defense of a matter subject to indemnification, and you agree to reasonably cooperate with that defense.

18. User data

We may maintain data you transmit through the Services as necessary to operate and provide the Services.

Our collection, use, retention, disclosure, and protection of Personal Information are governed by our Privacy Policy.

You are responsible for maintaining appropriate copies of information or materials you submit when necessary for your own records.

19. Electronic communications, transactions, and signatures

Visiting the Services, submitting online forms, sending email, and communicating electronically with us constitute electronic communications.

You consent to receive electronic communications necessary to administer your interactions, transactions, accounts, projects, or Services with us.

Where permitted by law, electronic communications, notices, agreements, disclosures, and records satisfy legal requirements that such communications be in writing.

Consent to general electronic communications under this section does not constitute consent to receive marketing SMS/MMS messages. Marketing SMS/MMS consent is governed separately by Section 9 and must be expressly provided where required.

20. California users and residents

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs regarding unresolved consumer complaints.

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, California 95834

Telephone: (800) 952-5210 or (916) 445-1254.

21. Miscellaneous

These Legal Terms and policies incorporated by reference constitute the agreement between you and us concerning your use of the Services.

Our failure to enforce a provision does not waive our right to enforce it later.

If any provision is determined to be unlawful, void, or unenforceable, that provision will be severed or limited to the minimum extent necessary without affecting the validity of the remaining provisions.

We may assign our rights and obligations where permitted by law.

We are not responsible for delays or failures caused by circumstances beyond our reasonable control.

Nothing in these Legal Terms creates a partnership, joint venture, employment relationship, or agency relationship between you and Big Opposable Thumb, Inc.

22. Contact us

Questions regarding these Terms and Conditions may be directed to:

Big Opposable Thumb, Inc.
P.O. Box 1444
Palmer Lake, CO 80133
United States

Phone: (719) 373-1887
Email: thumbsup@bigopposablethumb.com