giantgood terms of use

 

effective date: August 30, 2017

 

1. OVERVIEW

 

Services:

 

Welcome to Giantgood, Inc. (“Giantgood”, “we”, “us” or “our”) provides our website located at www.giantgood.com (the “Site”) and our services accessible via our Site and our mobile service (“App”) and other software we provide with our service (collectively the “Service.”) Please read these Terms of Use (the “Terms”) carefully because they apply to all visitors, users and other who access our Services (“Users”.) 

 

You understand and agree that you are solely responsible for your use of the Service.

 

Agreement to Terms:

 

By using our Service, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Service.

Privacy Policy:

 

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our Users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.

 

Who may use the Service: 

 

You must be at least 13 years old to use the Service and not barred from using the Service under applicable law. 

Registration and Your Information:

 

If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the App or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

 

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. 

 

You’re responsible for all activities that occur under your Account, whether or not you know about them.

 

Using the Service Is Not a Substitute for Professional Advice:

 

You understand and agree that the Service and any other information you learn from us is not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your wellness, or to be a substitute for professional care and advice.  Not all activities described on the Service are suitable for everyone. Do not use the Service while driving, operating heavy machinery, or performing other tasks that require attention and concentration. 

 

The Service includes actions (“Acts”), provided either by us, by you or other Users of the Service or other third-parties, which enable you to work on your wellbeing and interpersonal and connection related goals.

 

While we include wellness information that to the best of our knowledge will be good for our Users, the information and materials provided in the Service must not be used in place of a visit, call, consultation or advice of your physician or other health care provider or professional. We do not promote or recommend any particular form of medical treatment. Content found in the Service is for informational purposes only and is not intended to replace the relationship between you and your physician or other health care provider or professional. You should always consult a physician before starting a fitness program or changing your diet or before following any training instructions you receive in or through the Service, or if you have any health care-related questions. You should never disregard medical advice or delay in seeking it because of something you have read or inferred in or through the Service.

 

Not all exercises or activities described in the Service, including the Acts included in the Service, are suitable for everyone. You should understand that when participating in any exercise or exercise program or activity, including the Acts provided in the Service, there is the possibility of physical injury or death. If you think you may have a medical emergency or other emergency, call your physician or the applicable emergency listing in your country immediately. If you feel pain or discomfort, immediately stop the activity causing such discomfort or pain. By using the Service, you represent that you have received consent from your physician to participate in the Acts, activities, workouts, exercises and events described in the Service.

 

2. BASIC USER OBLIGATIONS  

 

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, sexually suggestive or inappropriate photos or other content, or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous through the Service.

 

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

 

You agree that you will not solicit, collect or use the login credentials of other Users.

 

You are responsible for keeping your password secret and secure.

 

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

 

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

 

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

 

You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Giantgood.

 

You must not access our private API by means other than those permitted by us.

 

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Users.

 

You must not use domain names or web URLs in your username without our prior written consent.

 

You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Giantgood page is rendered or displayed in a User's browser or device.

 

You must not create accounts with the Service or engage in authorized collection of User's Content or information through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

 

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other of our terms.

 

Violation of the Terms, in our sole discretion, result in termination of your Account. You understand and agree that we cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Service to you.

 

You must not reveal any personal data related to another individual, including, but not limited to, a person's address, phone number, e-mail address, credit card number or any information that may otherwise be used to track, contact or impersonate another individual.

 

You may not utilize a username that is the name of another person and intending to impersonate that person; and

 

You may not provide any false personal data to us or create any user account for anyone other than yourself without such person's permission.

 

If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at info@giantgood.

 

3. GENERAL CONDITIONS

 

Changes to Terms or Service:

 

We may modify or terminate the Terms at any time (“Updated Terms”), in our sole discretion. If we do so, we’ll let you know either by posting the Updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted Updated Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the Updated Terms, then you may not use the Service anymore. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Term will govern any disputes arising before the effective date of the Updated Terms.

 

We may modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been shared by others). Because our Service are evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

 

Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

 

We reserve the right to refuse access to the Service to anyone for any reason at any time.

 

We reserve the right to force forfeiture of any username for any reason.

 

We may, but have no obligation to, remove, edit, block, and monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.

 

You are solely responsible for your interaction with other Users, whether online or offline. You agree that we are not responsible or liable for the conduct of any User. We reserve the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

 

There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Giantgood does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Giantgood is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. 

 

By using such Applications, you acknowledge and agree to the following: 

 

(i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; 

 

(ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Giantgood has not itself provided such information; and 

 

(iii) your use of an Application is at your own option and risk, and you will hold the Giantgood Parties (defined below) harmless for activity related to the Application.

Data Charges and Prohibited Access:

 

You agree that you are responsible for all data charges you incur through use of the Service.

 

We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Giantgood's express consent).

 

4. CONTENT RIGHTS

 

License Grant to Your Content:

 

We do not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Giantgood a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available at https://www.giantgood.com/privacy-policy. You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.

 

You hereby agree that Giantgood may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

 

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

 

Representations Regarding Your Content:

 

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.

 

Giantgood Content:

 

The Service contains content owned or licensed by Giantgood ("Giantgood Content"). Giantgood Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Giantgood, Giantgood owns and retains all rights in the  Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Giantgood Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Giantgood Content.

 

Giantgood Trademarks:

 

The Giantgood name and logo are trademarks of Giantgood, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Giantgood. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and trade dress of Giantgood, and may not be copied, imitated or used, in whole or in part, without prior written permission from Giantgood.

 

 

Content Availability:

 

There will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, we reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your Content. In other words, Giantgood is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Giantgood will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

 

We Are Not Responsible for User Content:

 

You agree that we are not responsible for, and do not endorse, Content posted within the Service. We have no  obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content.

 

User Content is Non-Confidential:

 

Except as otherwise described in the Service's Privacy Policy, available at https://www.giantgood.com/privacy-policy, as between you and us, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Giantgood is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Giantgood, and Giantgood will not be liable for any use or disclosure of any Content you provide.

 

It is Giantgood's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Giantgood does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Giantgood is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

 

Reporting Copyright and Other Intellectual Violations:

 

We respect other people's rights, and expect you to do the same. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

 

We will respond to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright

Act of 1998 ("DMCA"). If you see any material on the Service that in your good faith belief may infringe someone's copyright, you may notify us at info@giantgood.com and please include "Copyright" in the subject line. 

 

In order for it to be effective, your notice, also known as a takedown notice, must include the following information:

 

(i) the identity of the original copyrighted work that you claim is infringed or - if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed;

 

(ii) sufficiently detailed description of the content on the Service that you claim infringes the copyrighted

work;

 

(iii) your contact information, including your full name, mailing address, telephone number, and email address, if available;

 

(iv) a statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and 

 

(v) a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.

 

If you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may in, our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the

infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at info@giantgood.com. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information:

 

(i) identification of the material that has been removed or to which access has been disabled in the Service and the location at which the material appeared before it was removed or access to it was disabled;

 

(ii) your name, address, telephone number and, if available, email address;

 

(iv) include both of the following statements in the body of the Notice:

 

"I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."; and "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Giantgood, Inc.  may be found, and I will accept service of process from the complaining party who notified Giantgood, Inc. of the alleged infringement

or an agent of such person."; and

 

(v) provide your full legal name and your electronic or physical signature.

5. DISCLAIMER OF WARRANTIES

 

THE SERVICE, INCLUDING, WITHOUT LIMITATION, GIANTGOOD CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GIANTGOOD NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "GIANTGOOD PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE GIANTGOOD CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GIANTGOOD OR VIA THE SERVICE. IN ADDITION, THE GIANTGOOD PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 

 

THE GIANTGOOD PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GIANTGOOD PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE GIANTGOOD PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GIANTGOOD PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. 

 

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 

 

THE GIANTGOOD PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

6. LIMITATION OF LIABILITY; WAIVER

 

UNDER NO CIRCUMSTANCES WILL THE GIANTGOOD PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE GIANTGOOD CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GIANTGOOD PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GIANTGOOD PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE GIANTGOOD PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE GIANTGOOD PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). 

 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GIANTGOOD'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE GIANTGOOD PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GIANTGOOD PARTIES. 

 

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 

 

GIANTGOOD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

7. INDEMNIFICATION 

 

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Giantgood's request), indemnify and hold the Giantgood Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Giantgood in the defense of any claim. Giantgood reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Giantgood.

 

8. ARBITRATION

 

Except if you opt-out or for disputes relating to: (1) your or Giantgood's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) your violation of the API Terms; or (3) your violation of Section 2 above ("Excluded Disputes"), you agree that all disputes between you and Giantgood (whether or not such dispute involves a third party) with regard to your relationship with Giantgood, including without limitation disputes related to these Terms, your use of the Service, and rights of privacy or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Giantgood hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Giantgood will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Giantgood is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Giantgood or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. 

 

You may opt out of this agreement to arbitrate. If you do so, neither you nor Giantgood can require the other to participate in an arbitration proceeding. To opt out, you must notify Giantgood in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: 

 

Giantgood, Inc.  ATTN: Arbitration, 221 E Indianola Ave. Phoenix, AZ 85012 

 

You must include your name and residence address, your email address, the phone number, as applicable,  you use for your Giantgood account, and a clear statement that you want to opt out of this arbitration agreement. 

 

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Giantgood.

9. TIME LIMITATION ON CLAIMS

 

You agree that any claim you may have arising out of or related to your relationship with Giantgood must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

10. GOVERNING LAW & VENUE

 

These Terms are governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Giantgood exclusively in a state or federal court located in Phoenix, Arizona, and to submit to the personal jurisdiction of the courts located in Maricopa County, Arizona for the purpose of litigating all such disputes. 

 

If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.  Giantgood reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Giantgood.

11. ENTIRE AGREEMENT

 

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Giantgood and governs your use of the Service, superseding any prior agreements between you and Giantgood. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Giantgood. Any purported assignment or delegation by you without the appropriate prior written consent of Giantgood will be null and void. Giantgood may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction or during arbitration to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. Giantgood's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms do not confer any third-party beneficiary rights.

12. TERRITORIAL RESTRICTIONS 

 

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Giantgood to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Giantgood provides. 

 

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. 

 

If you have any questions about these Terms or the Services, please contact us at info@giantgood.com.

(c) giantgood 2017