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Terms of Use

 

TERMS OF USE AGREEMENT

Last Updated Date: September 10 2020

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.  THE WEBSITES (“WEBSITES”) AND MOBILE AND OTHER DEVICE APPLICATIONS (THE “APPLICATIONS”) OF GIGXR Inc (“GIGXR,” “WE,” OR “OUR”), AND THE INFORMATION ON IT ARE CONTROLLED BY GIGXR.  THESE TERMS OF USE GOVERN THE USE OF THE WEBSITES AND APPLICATIONS AND APPLY TO ALL USERS USING THE WEBSITE OR APPLICATIONS IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPLICATIONS (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING AN APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GIGXR, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE OR AN APPLICATION.  IF YOU ARE USING THE SERVICES ON BEHALF OF AN ENTITY THAT HAS ENTERED INTO A SEPARATE AGREEMENT WITH GIGXR IN CONNECTION WITH SUCH SERVICES (a “CUSTOMER CONTRACT”), YOUR USE OF THE SERVICES IS ALSO GOVERNED BY THAT CUSTOMER CONTRACT, AND, IN THE EVENT OF ANY CONFLICTS BETWEEN THIS AGREEMENT AND THE CUSTOMER CONTRACT, THE CUSTOMER CONTRACT SHALL PREVAIL.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITES, APPLICATIONS OR THE SERVICES.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. 

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”

You should print a copy of these terms or save them to your computer for future reference.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY GIGXR IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, GIGXR will make a new copy of the Terms of Use available at the Website and within the Application and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application.  We will also update the “Last Updated” date at the top of the Terms of Use.  If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 (Registering Your Account) below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement.  Any changes to the Agreement will be effective immediately for new users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website or within the Application for existing Registered Users, provided that any material changes shall be effective for Registered Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or within the Application or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 (Registering Your Account) below).  GIGXR may require you to provide consent to the updated Agreement in a specified manner before further use of the Website, Application and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, Application and/or the Services.  Otherwise, your continued use of the Website, Application and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE AND APPLICATION TO VIEW THE THEN-CURRENT TERMS.

  • USE OF THE SERVICES AND GIGXR PROPERTIES.  
  • Generally.   GIGXR designs mobile applications that can be integrated with certain hardware and devices to be used by teachers and students, such as wearable headsets (“Devices”), in order to provide 3D learning experiences.  Please note that the Services are not intended for use in, and should not be used for, medical diagnosis or treatment purposes.  
  • GIGXR Properties.  The Websites, Applications, the Services, and the information and content available in the Websites, Applications and the Services (as these terms are defined herein) (each, a “GIGXR Property” and collectively, the “GIGXR Properties”) are protected by copyright laws throughout the world.  
  • Application License. Subject to your compliance with the Agreement, GIGXR grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device, computer, or Device that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.  Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
  • Updates.  You understand that GIGXR Properties are evolving.  As a result, GIGXR may require you to accept updates to GIGXR Properties that you have installed on your Device, computer, or mobile device.  You acknowledge and agree that GIGXR may update GIGXR Properties with or without notifying you.  You may need to update third-party software from time to time in order to use GIGXR Properties.
  • Certain Restrictions.  The rights granted to you in the Agreement are subject to the following restrictions: : (a) you shall not use the GIGXR Properties to harvest, collect, gather or assemble information or data regarding other GIGXR customers without their consent; (b) you shall not access or copy any data or information of other GIGXR customers without their consent; (c) you shall not knowingly interfere with or disrupt the integrity or performance of the GIGXR Properties, or the data contained therein; (d) harass or interfere with another GIGXR customer’s use and enjoyment of the GIGXR Properties; (f) reverse engineer, disassemble or decompile any component of the GIGXR Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (g) interfere in any manner with the operation of the GIGXR Properties; (h) modify, copy, translate, adapt, merge, or make derivative works based on any part of the GIGXR Properties; (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit GIGXR Properties or any portion of GIGXR Properties; (j) you shall not access GIGXR Properties in order to build a similar or competitive website, application or service; (k) except as expressly stated herein, no part of GIGXR Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (l) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in GIGXR Properties; (m) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other GIGXR Properties (including images, text, page layout or form) of GIGXR; (n) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Websites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);  or (o) otherwise use the GIGXR Properties in any manner that exceeds the scope of use permitted under this Agreement. Any future release, update or other addition to GIGXR Properties shall be subject to the Agreement.  GIGXR, its suppliers and service providers reserve all rights not granted in the Agreement.  Any unauthorized use of any GIGXR Property terminates the licenses granted by GIGXR pursuant to the Agreement.
  • REGISTRATION.
  • Registering Your Account.  In order to access certain features of GIGXR Properties you may be required to become a Registered User.  For purposes of the Agreement, a “Registered User” or “User” is a user who has registered an account on the Application (“Account”).  All Registered Users must be authorized by a current customer of GIGXR.  
  • Registration Data.  In registering an account on the Website or an Application, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are  (m) at least thirteen (13) years old, (n) of legal age to form a binding contract; and (o) not a person barred from using GIGXR Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the GIGXR Properties by minors.  You may not share your Account or password with anyone, and you agree to (y) notify GIGXR immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session.  If you provide any information that is untrue, inaccurate, not current or incomplete, or GIGXR has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, GIGXR has the right to suspend or terminate your Account and refuse any and all current or future use of GIGXR Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.   GIGXR reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use GIGXR Properties if you have been previously removed by GIGXR, or if you have been previously banned from any of GIGXR Properties.
  • Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of GIGXR. 
  • Necessary Equipment and Software.  You must provide all equipment and software necessary to connect to GIGXR Properties, including but not limited to, a mobile device or other Device that is suitable to connect with and use GIGXR Properties, in cases where the Services offer a mobile or other hardware component.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing GIGXR Properties.  
  • OWNERSHIP.
  • GIGXR Properties.  You agree that GIGXR and its suppliers own all rights, title and interest in GIGXR Properties.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any GIGXR Properties.
  • Trademarks.  and all related graphics, logos, service marks and trade names used on or in connection with any GIGXR Properties or in connection with the Services are the trademarks of GIGXR and may not be used without permission in connection with your, or any third-party, products or services.  Other trademarks, service marks and trade names that may appear on or in GIGXR Properties are the property of their respective owners.
  • Username. Notwithstanding anything contained herein to the contrary, by using or accessing the GIGXR Properties, you hereby expressly permit GIGXR to identify you by your username (which may be a pseudonym) on the GIGXR Properties to other Registered Users.
  • Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to GIGXR through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that GIGXR has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to GIGXR a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of GIGXR Properties and/or GIGXR’s business.
  • USER CONDUCT.  In connection with your use of GIGXR Properties, you shall not:
  • Take any action that, in GIGXR’s sole discretion, (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities; 
  • Impersonate any person or entity, including, but not limited to, GIGXR personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
  • Register for more than one Account or register for an Account on behalf of an individual other than yourself; 
  • Stalk or otherwise harass any other user of our GIGXR Properties;
  • Interfere with or attempt to interfere with the proper functioning of GGIXR Properties or use GIGXR Properties in any way not expressly permitted by this Agreement; 
  • Attempt to engage in or engage in, any potentially harmful acts that are directed against GGIXR Properties, including but not limited to violating or attempting to violate any security features of GIGXR Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in GIGXR Properties, introducing viruses, worms, or similar harmful code into GIGXR Properties, or interfering or attempting to interfere with use of GIGXR Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” GIGXR Properties; or
  • Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
  • INVESTIGATIONS.  GIGXR may, but is not obligated to, monitor or review GIGXR Properties at any time.  Although GIGXR does not generally monitor user activity occurring in connection with GIGXR Properties, if GIGXR becomes aware of any possible violations by you of any provision of the Agreement, GIGXR reserves the right to investigate such violations, and GIGXR may, at its sole discretion, immediately terminate your license to use GIGXR Properties without prior notice to you.
  • INTERACTIONS WITH OTHER USERS.
  • User Responsibility.  You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact; provided, however, that GIGXR reserves the right, but has no obligation, to intercede in such disputes.  You agree that GIGXR will not be responsible for any liability incurred as the result of such interactions.
  • Information Provided by Other Users.  GIGXR is not responsible for and does not control the actions of or statements and information provided by other Users.  GIGXR has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to actions, statements or other information.  You use all such information and interact with other Registered Users at your own risk.
  • Indemnification.  You agree to indemnify and hold GIGXR, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “GIGXR Party” and collectively, the “GIGXR Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any GIGXR Property; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any Registered Users; or (d) your violation of any applicable laws, rules or regulations.  GIGXR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GIGXR in asserting any available defenses.  This provision does not require you to indemnify any of the GIGXR Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Websites, Applications or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to GIGXR Properties.
  • DISCLAIMER OF WARRANTIES AND CONDITIONS.
  • As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF GIGXR PROPERTIES IS AT YOUR SOLE RISK, AND GIGXR PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  GIGXR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE GIGXR PROPERTIES.  
  • GIGXR PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) GIGXR PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF GIGXR PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF GIGXR PROPERTIES WILL BE ACCURATE OR RELIABLE.
  • ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH GIGXR PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS GIGXR PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
  • THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  GIGXR MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIGXR OR THROUGH GIGXR PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • FROM TIME TO TIME, GIGXR MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT.  SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT GIGXR’S SOLE DISCRETION.  THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
  • No Liability for Conduct of Third Parties.  YOU ACKNOWLEDGE AND AGREE THAT GIGXR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD GIGXR PARTIES LIABLE, FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES, INCLUDING THE ACTIONS OF AN EDUCATIONAL INSTITUTION OR REGISTERED USER OF THE GIGXR PROPERTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  • Medical Advice Disclaimer. THE SERVICES ARE DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.  NOTHING STATED OR POSTED ON THE WEBSITES OR APPLICATIONS OR MADE AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL CARE. THE ACCURACY OF THE DATA COLLECTED AND PRESENTED THROUGH THE SERVICES IS NOT INTENDED TO MATCH THAT OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES.  THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, HEALTH CONDITION, OR ILLNESS. THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GIGXR IS NOT RESPONSIBLE OR LIABLE FOR AND GIGXR MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, APPROPRIATENESS, RELIABILITY, OR EFFECTIVENESS FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, MEDICAL DIAGNOSIS OR TREATMENT. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE MEDICAL INFORMATION THAT APPEARS ON THE WEBSITES, APPLICATIONS OR IN THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE GIGXR PROPERTIES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE GIGXR PROPERTIES OR COMMUNICATED TO YOU THROUGH THE GIGXR PROPERTIES.   
  • No Liability for Conduct of Other Users.  YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF GIGXR PROPERTIES. YOU UNDERSTAND THAT GIGXR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF GIGXR PROPERTIES.  GIGXR MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  GIGXR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH GIGXR PROPERTIES.
  • Third-Party Materials.  As a part of GIGXR Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for GIGXR to monitor such materials and that you access these materials at your own risk.
  • LIMITATION OF LIABILITY.
  • Disclaimer of Certain Damages.  YOU UNDERSTAND AND AGREETHAT, TO THE FULLEST EXTENT PROVIDED BY LAW,  IN NO EVENT SHALL GIGXR PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT GIGXR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF GIGXR PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE GIGXR PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH GIGXR PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON GIGXR PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO GIGXR PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.  GIGXR DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY GIGXR’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.
  • Cap on Liability.  TO THE FULLEST EXTENT PROVIDED BY LAW, GIGXR PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) $100 OR (b) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.  THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GIGXR PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GIGXR PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GIGXR PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  • Exclusion of Damages.  CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  • Basis of the Bargain.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GIGXR AND YOU.
  • MONITORING AND ENFORCEMENT.  GIGXR reserves the right to: (a) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the GIGXR Properties; and/or (c) terminate or suspend your access to all or part of the GIGXR Properties for any or no reason, including without limitation, any violation of this Agreement.

If GIGXR becomes aware of any possible violations by you of the Agreement, GIGXR reserves the right to investigate such violations.  If, as a result of the investigation, GIGXR believes that criminal activity has occurred, GIGXR reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.  GIGXR is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in GIGXR Properties in GIGXR’s possession in connection with your use of GIGXR Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to your requests for customer service, or (iv) protect the rights, property or personal safety of GIGXR, its Registered Users or the public, and all enforcement or other government officials, as GIGXR in its sole discretion believes to be necessary or appropriate. 

  • TERM AND TERMINATION.  
  • Term.  The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use GIGXR Properties, unless terminated earlier in accordance with the Agreement.
  • Prior Use.  Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used GIGXR Properties or (b) the date you accepted the Agreement and will remain in full force and effect while you use any GIGXR Properties, unless earlier terminated in accordance with the Agreement.
  • Termination of Services by GIGXR.  You acknowledge and agree that your access and use of the Services is conditioned upon authorization from GIGXR’s customer.  GIGXR reserves the right to suspend and/or terminate the Services provided to you under this Agreement at any time, including without limitation upon such GIGXR’s customer’s request, the termination of such GIGXR’s agreement with GIGXR’s customer, or the non-payment of fees by such GIGXR’s customer.
  • Termination of Services by You.  If you want to terminate the Services provided by GIGXR, you may do so by (a) notifying GIGXR at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to GIGXR’s address set forth below.  
  • Effect of Termination.  Termination of any Service includes removal of access to such Service and barring of further use of the Service.  Termination of all Services also includes deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof).  Upon termination of any Service, your right to use such Service will automatically terminate immediately. GIGXR will not have any liability whatsoever to you for any suspension or termination, including for deletion of any of your content.  All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  • No Subsequent Registration.  If your registration(s) with or ability to access GIGXR Properties, or any other GIGXR community is discontinued by GIGXR due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access GIGXR Properties or any GIGXR community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those GIGXR Properties to which your access has been terminated.  In the event that you violate the immediately preceding sentence, GIGXR reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  • INTERNATIONAL USERS.  GIGXR Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that GIGXR intends to announce such Services or Content in your country.  GIGXR Properties are controlled and offered by GIGXR from its facilities in the United States of America. GIGXR makes no representations that GIGXR Properties are appropriate or available for use in other locations.  Those who access or use GIGXR Properties from other countries do so at their own volition and are responsible for compliance with local law.
  • THIRD-PARTY SERVICES.
  • Third-Party Websites, Applications and Ads. GIGXR Properties may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left GIGXR Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of GIGXR.  GIGXR is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  GIGXR provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement and our policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 
  • App Stores.  You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Microsoft Store, the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Agreement is between you and GIGXR and not with the App Store.  GIGXR, not the App Store, is solely responsible for GIGXR Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with GIGXR Properties, including the Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any GIGXR Property, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
  • Accessing and Downloading the Application from iTunes.  The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: 
  • You acknowledge and agree that (i) the Agreement is concluded between you and GIGXR only, and not Apple, and (ii) GIGXR, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. 
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. 
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between GIGXR and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GIGXR. 
  • You and GIGXR acknowledge that, as between GIGXR and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and GIGXR acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between GIGXR and Apple, GIGXR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. 
  • You and GIGXR acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. 
  • Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  • GENERAL PROVISIONS.
  • Electronic Communications.  The communications between you and GIGXR may take place via electronic means, whether you visit GIGXR Properties or send GIGXR e-mails, or whether GIGXR posts notices on GIGXR Properties or communicates with you via e-mail.  For contractual purposes, you (a) consent to receive communications from GIGXR in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GIGXR provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
  • Release.  You hereby release GIGXR Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of GIGXR Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of GIGXR Properties.  If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a GIGXR Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Websites, Applications, or any Services provided hereunder.
  • Assignment.  The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without GIGXR’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  • Force Majeure.  GIGXR shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a force majeure event occurs that affects GIGXR’s performance of its obligations under the Agreement: (a) GIGXR will contact you as soon as reasonably possible to notify you; and (b) GIGXR’s obligations under the Agreement will be suspended and the time for GIGXR’s performance of its obligations will be extended for the duration of the force majeure event. You may cancel the Services affected by a force majeure event which has continued for more than 30 days. To cancel please contact GIGXR.
  • Questions, Complaints, Claims.  If you have any questions, complaints or claims with respect to GIGXR Properties, please contact us at: privacy@gigxr.com.  We will do our best to address your concerns.  If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  • Exclusive Venue.  To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and GIGXR agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles, California.
  • Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.  THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
  • Choice of Language.  It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
  • Notice.  Where GIGXR requires that you provide an e-mail address, you are responsible for providing GIGXR with your most current e-mail address.  In the event that the last e-mail address you provided to GIGXR is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, GIGXR’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.  You may give notice to GIGXR at the following address: privacy@gigxr.com.  Such notice shall be deemed given when received by GIGXR by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
  • Waiver.  Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  • Severability.  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
  • Export Control.  You may not use, export, import, or transfer GIGXR Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained GIGXR Properties, and any other applicable laws.  In particular, but without limitation, GIGXR Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using GIGXR Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use GIGXR Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.  You acknowledge and agree that products, services or technology provided by GIGXR are subject to the export control laws and regulations of the United States.  You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer GIGXR products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
  • Consumer Complaints.  In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
  • Entire Agreement.  The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
  • INTERNATIONAL PROVISIONS.  The following provisions shall apply only if you are located in the countries listed below.
  • United Kingdom.  A third party who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.