GigaPoints, Inc. Terms of Service
Effective Date: January 20, 2019
GigaPoints, Inc. (“GigaPoints,” “we,” “us” or “our”) provides access to information, products and services (“Content”) through the GigaPoints.com website (the “GigaPoints Website”) to you (“you” or “your”), subject to the following terms and conditions of use (the “Terms”), which may be revised and updated by GigaPoints from time to time, with or without notice to you.
Please read these Terms carefully before visiting or using the GigaPoints Website and refer to these Terms periodically to make sure that you are aware of the most current terms and conditions of your access to and use of the GigaPoints Website. All changes to these Terms are effective immediately once posted and apply to all access to and use of the GigaPoints Website from that point forward, whether or not you are notified individually of such changes.
If you have a question about these Terms or just want to reach out, please email us at firstname.lastname@example.org.
Access to the GigaPoints Website
General Content available on the GigaPoints Website may be viewed by anyone who is a resident of the United States. However, in order to utilize our core services, including our credit card comparison tool, you must register for an account on the GigaPoints Website.
To create an account, we may ask that you provide certain registration details or other information. By providing such information, you represent and warrant that:
In addition to complying with these Terms, you alone are responsible for:
- All third-party fees, charges or other costs associated with your access to and use of the GigaPoints Website, including any costs associated with your wireless subscriber services and internet services used to access the GigaPoints Website.
- Ensuring that all persons who access the GigaPoints Website through your internet connection are aware of these Terms and comply with them.
Use of the GigaPoints Website
Subject to your compliance with these Terms, we grant you a personal, nontransferable, nonexclusive, revocable, limited license to access and use the GigaPoints Website solely as permitted by these Terms. We reserve all rights not expressly granted to you herein.
You may only use the GigaPoints Website for non-commercial and lawful purposes, and you agree to notify us if you learn of any misuse.
By using the GigaPoints Website, you agree not to:
- License, sell, transfer, assign, distribute, host or otherwise commercially exploit the GigaPoints Website.
- Modify, prepare derivative works of, disassemble, decompile or reverse engineer any part of the GigaPoints Website, including any Content made available through the GigaPoints Website.
- Access the GigaPoints Website in order to build a similar or competitive website, product, application or service without our express prior written consent.
- Attempt to gain unauthorized access to another user’s account or to the GigaPoints Website.
- Upload, transmit or otherwise distribute to or through the GigaPoints Website any computer viruses, worms or other software intended to harm or interfere with the intended operation of a computer system or data.
- Use the GigaPoints Website in any manner that could interfere with, disrupt, negatively affect or prevent other users of the GigaPoints Website from using the GigaPoints Website or that could damage, disable, overburden or impair the functionality of the GigaPoints Website in any manner.
- Intentionally interfere with or negate any Content.
- Use any scrapers, crawlers or other automated program to access, query or search the GigaPoints Website.
- Attempt to circumvent any content-related limitations or security procedures that we use.
- Use the GigaPoints Website to violate any law or infringe our rights, or the rights of any other person or entity.
We reserve the right to modify, suspend or discontinue the GigaPoints Website at any time, with or without notice to you. We will not be liable if, for any reason, all or any part of the GigaPoints Website are unavailable for any period. From time to time, we may restrict access to or use of some or all of the GigaPoints Website to users generally or to you individually, for any or no reason.
Security of Your Account
You are responsible for all activities that occur under your account. You must treat as confidential any login information you choose, or that is provided to you, in connection with your access to and use of the GigaPoints Website and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the GigaPoints Website or portions of it using your user name, password, or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We retain the right to disable any user name, password or other identifier at any time if we believe you have violated any provisions of these Terms.
Our Rights and Obligations
We cannot ensure the accuracy, availability or appropriateness of all Content available on the GigaPoints Website. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any third party.
You acknowledge that the GigaPoints Website may contain Content or links to third-party websites, resources, products or services, which may be posted by advertisers, our affiliates, our partners or other third parties (collectively, “Third-Party Content”). You also acknowledge that the GigaPoints Website may contain sponsored Third-Party Content or advertisements and that we may place advertisements in connection with the display of any Content or information about the GigaPoints Website. We do not control Third-Party Content and accept no responsibility for such content, or for any loss or damage that may arise from your access to or use of such content. If you decide to access or use any Third-Party Content, you do so entirely at your own risk and subject to the terms and conditions of use for such content.
You may, from time to time, submit or recommend to us additional features, functionality, performance, comments, data, ideas, descriptions or other information (collectively, “Feedback”) that we may subsequently incorporate into the GigaPoints Website or other GigaPoints products or services. GigaPoints and its successors and assigns may freely use, copy, disclose, sublicense, distribute, display and exploit any Feedback in connection with any of our products or services in any manner without any obligation, payment, royalty or restriction based on intellectual property rights, confidentiality or otherwise. You hereby: (i) grant GigaPoints a worldwide, non-exclusive, royalty-free, perpetual right and license to use and incorporate such Feedback into any GigaPoints product or service, including without limitation the GigaPoints Website; and (ii) acknowledge that any GigaPoints product or service incorporating such new features, functionality, or performance will be the sole and exclusive property of GigaPoints and all such Feedback will be free from any confidentiality restrictions that might otherwise be imposed on us.
You may terminate these Terms at any time and for any reason by deleting your account and discontinuing all use of the GigaPoints Website. If you stop using the GigaPoints Website without deleting your account, we reserve the right to deactivate your account due to prolonged inactivity.
Notwithstanding the termination of these Terms or the deletion of your account, the terms and conditions governing your indemnification, your prohibited uses, the disclaimers of warranties, the limitation of our liability, and any other provision which by its nature is intended to survive such termination, will survive such termination.
You agree to defend, indemnify and hold harmless GigaPoints, our affiliates, licensors and service providers, and our and their respective officers, directors, employees contractors, agents, licensors, suppliers, successors and assigns (the “GigaPoints Entities”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these terms; (ii) your use of the GigaPoints Website, including but not limited to the Content and Third-Party Content; or (iii) your violation of any applicable laws or regulations. We hereby reserve the right to control the defense of any such claims or proceedings for which you are required to indemnify us, and you agree to cooperate with such defense.
Disclaimers of Warranties
We are not a financial or legal advisor and use of the GigaPoints Website is not intended to replace professional advice regarding your finances. Any analysis and estimates we provide as part of the GigaPoints Website are for illustrative and informational purposes only. In providing our analyses and estimates, we make certain assumptions given the data that is available to us. Accordingly, we cannot and do not guarantee or warrant any results or suggestions that are provided to you through the GigaPoints Website, including without limitation, your ability to obtain any offers, promotions or credit cards from any of the identified financial institutions.
You also understand that we cannot and do not guarantee or warrant that the GigaPoints Website, or any files, Content or Third-Party Content available for download from the internet or through the GigaPoints Website, will be free of viruses or other harmful code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for antivirus protection, accuracy of data and for maintaining a means external to our site for any reconstruction of any lost data.
THE GIGAPOINTS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER GIGAPOINTS NOR ANY PERSON ASSOCIATED WITH GIGAPOINTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE GIGAPOINTS WEBSITE, INFORMATION OBTAINED THEREFROM OR ANY CONTENT.
WITHOUT LIMITING THE FOREGOING, GIGAPOINTS DOES NOT WARRANT OR REPRESENT THAT THE GIGAPOINTS WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. GIGAPOINTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE GIGAPOINTS WEBSITE OR ITEMS OBTAINED THROUGH THE GIGAPOINTS WEBSITE, INCLUDING WITHOUT LIMITATION ANY MATERIALS DOWLOADED FROM IT, POSTED ON IT OR LINKED TO IT.
GIGAPOINTS DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SERVICES, PRODUCTS OR CONTENT AVAILABLE ON OR LINKED TO THE GIGAPOINTS WEBSITE OR THE ACTIONS OF ANY THIRD PARTY OR USER.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE, WILL GIGAPOINTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE GIGAPOINTS WEBSITE.
ACCESS TO, AND USE OF, THE GIGAPOINTS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF GIGAPOINTS EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF GIGAPOINTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Arbitration
Any dispute, claim or controversy arising from or relating to these Terms or your use of the GigaPoints Website, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance or termination, shall be settled by arbitration administered under the Rules of Arbitration by the American Arbitration Association applying California law. The place of arbitration shall be San Francisco, California. Any such dispute, claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any dispute or claim of any other party. By using the GigaPoints Website, you hereby waive all rights to trial in any action or proceeding instituted in connection with these Terms or the GigaPoints Website.
These Terms constitute the entire agreement between you and us regarding your access to and use of the GigaPoints Website. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. Any failure by us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We reserve the right to freely assign or transfer these Terms. All Feedback, comments, requests for technical support and other communications relating to the GigaPoints Website should be directed to: email@example.com.