These Terms of Service ("Terms") are a legal agreement between you and GigEasy, Inc. (“GigEasy”). By accessing GigEasy’s website and online services (the “Services”), you agree to, and are bound by, these Terms.
THESE TERMS CONTAIN PROVISIONS THAT LIMIT GIGEASY’S LIABILITY TO YOU AND, IF YOU ARE A U.S. RESIDENT, REQUIRE YOU TO RESOLVE ANY DISPUTE WITH GIGEASY THROUGH ARBITRATION, WITHOUT A JURY TRIAL, ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICES.
All pricing and quotes generated on the Services are based on information you provided on the Services, as well as, in some cases, information we obtain from third parties. Quotes or pricing do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage for any party. GigEasy reserves the right to modify or rescind quotes, including if the application information you provide is incorrect or changes. The coverage descriptions provided on the Services are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. In order to arrange for insurance coverage described on the Services, you must complete all of the steps on the Services through the final application through the Services or otherwise. Applications are subject to underwriting review and approval.
If you buy a policy on or through the Services, you acknowledge and agree that you have reviewed the information included in your application and you confirm it is correct. Incorrect information may result in cancellation of the policy, including cancellation from inception. By purchasing a policy on or through the Services, you agree that you are entering into a binding agreement with the provider and the underwriter issuing the respective policy.
If you file a claim under your policy, the information you submit and the loss are subject to review and verification. We reserve the right to request additional information before making a final decision on your claim. In some cases, a claim representative may contact you regarding your claim. Your claim is of course subject to all of the terms, conditions, exclusions, requirements and other provisions in your policy.
Subject to your compliance with these Terms, GigEasy grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your legitimate business purposes related to your relationship with GigEasy. As a user of the Services, you agree to the following:
Your failure to comply with the provisions of this section may result in the termination of your account and/or your access to the Services and may expose you to civil and/or criminal liability. GigEasy reserves the right to take any action it deems necessary to protect the safety, security, and integrity of the Services and its users.
GigEasy (or its licensors) is the owner of all rights in and to the Services, including all information, software, text, displays, images, audio, design, selection and arrangement thereof (“Content”). The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.
You expressly acknowledge and agree that, other than User Information, GigEasy and its affiliates, licensors and partners and their respective successors and assigns (collectively, “GigEasy and Related Parties”) retain sole and exclusive ownership of all worldwide right, title and interest, including all copyrights, patent rights, trade secret rights, and other intellectual property and proprietary rights, in and to the Services and Consent. Other than a limited license to use the Services, you have and acquire no other right or license with respect to the Services or any portion or component thereof. Unless expressly authorized by applicable law or in writing by GigEasy, you may not copy, reproduce, publicly perform or display, transmit, modify or otherwise create derivative works from, sell, distribute, or otherwise make unauthorized use of the Services or any portion or component thereof. GigEasy and Related Parties reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under these Terms.
The Services may contain links to websites of third parties that are not under the control of GigEasy. GigEasy is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. GigEasy makes no warranties, either express or implied, concerning your use of or inability to use such sites, the suitability or legality of such sites, or that such site is devoid of viruses or other contamination.
Your use of the Services is at your own risk. Neither GigEasy nor its affiliates or subsidiaries (together, the “GigEasy Parties”) will be liable to you or anyone else for any harm to you or others resulting from the use of the Services.
GIGEASY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. GigEasy shall not be subject to liability for the truth, accuracy or completeness of the Services and Content or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Services and Content at your own risk. GigEasy does not warrant that the Services will operate error free or that the Services, their servers, or the Content are free of computer viruses or similar contamination or destructive features. If your use of the Services and Content results in the need for servicing or replacing equipment or data, GigEasy shall not be responsible for those costs.
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. GIGEASY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor.
IN NO EVENT WILL THE GIGEASY PARTIES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT, EVEN IF GIGEASY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby release and forever discharge the GigEasy Parties (and their respective officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services and Content.
If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, 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 arbitration will be subject to the following rules and procedures:
You agree to indemnify, defend and hold harmless GigEasy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (i) your use of or inability to use the Services, (ii) your violation of these Terms or your violation of any rights of a third-party, or (iii) your violation of any applicable laws, rules or regulations. GigEasy 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 GigEasy in asserting any available defenses.
Subject to GigEasy’s other agreement(s) with you, if any, GigEasy may use your email address to send you messages notifying you of important changes to the Services. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
Because GigEasy operates on the Internet, it is necessary for you to consent to transact business with us electronically. We also need you to consent to giving you certain disclosures electronically, either via the Services or to the email address you provide to us. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Services.
GigEasy may, in its sole discretion, modify or replace any part of these Terms at any time. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
GigEasy may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms, you may simply discontinue using the Services. GigEasy can terminate these Terms immediately as part of a general shut down of our business or other lawful reason. Sections 6, 7, 8, 9, 10, 11, and 12 of these Terms and any of the licenses granted by you to us in these Terms will survive the termination of this Terms.