THE GENERAL AREAS OF THE GIACT WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE
DIRECTED AT POTENTIAL CUSTOMERS OF GIACT. IN THE EVENT THAT YOU SUBSCRIBE TO ANY
OF GIACT’S SERVICES, YOUR USE OF THIS WEBSITE, INCLUDING YOUR USE OF THE NON-PUBLIC,
CUSTOMER ONLY AREAS OF OUR WEBSITE, WILL BE GOVERNED BY A SEPARATE SERVICES AGREEMENT
WITH ITS OWN ASSOCIATED TERMS AND CONDITIONS WHICH WILL REPLACE AND SUPERSEDE THESE
TERMS OF USE
ANY AND ALL USE OF THE GIACT WEBSITE IS GOVERNED BY A SEPARATE PRIVACY POLICY WHICH
MAY BE FOUND HERE
THE FOLLOWING TERMS OF USE ARE APPLICABLE TO USERS OF THIS SITE WHO ARE NOT OTHERWISE
GIACT CUSTOMERS.
These Terms of Use (“TOU”) constitute a legal agreement between you and Giact Systems,
Inc. (“Giact”), the provider of this web site and related services (the “Giact Website”).
Your use of the Giact Website is subject to the terms laid out in this document,
so you should take the time to fully understand how it governs your relationship
with Giact and how it affects the way you use the Giact Website. By your continued
use of the Giact Website, you expressly agree to the terms found in this TOU. This
TOU constitutes your entire agreement with Giact regarding the Giact Website and
governs any and all of your use of the Giact Website. It supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between you and Giact with respect to the Giact Website. We may amend the TOU at
any time, from time to time, by posting an amended TOU on the Giact Website. Any
changes to the TOU will become effective immediately upon posting and may be changed
without notice to you. This TOU may not be otherwise amended except in a writing
signed by you and Giact. Any notice by us to you may be made at our option via a
posting on the Giact Website. It is your responsibility to check the Giact Website
from time to time for updates. Your continued use of the Giact Website constitutes
your agreement to and acceptance of this TOU and any changes to it.
Giact grants you a limited license to access and make personal use of the Giact
Website and not to download (other than page caching) or modify it, or any portion
of it, except with the express written consent of Giact. This license does not include
any resale or commercial use of the Giact Website or its contents; any collection
or use of any product listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information; or any
use of data mining, robots, or similar data gathering and extraction tools. Any
unauthorized use terminates the permission or license granted by Giact. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to the
home page of Giact (http://www.giact.com/) so long as the link does not portray
Giact, or its products or services, in a false, misleading, derogatory, or otherwise
offensive manner.
Giact may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because Giact has no control over such sites and resources, you acknowledge
and agree that Giact is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Giact shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes any portion of this site or access to the Giact Website. The content provided
by Giact on the Giact Website, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the property
of Giact or its content suppliers, partners, or affiliates, and is protected by
U.S. and international copyright laws. The compilation of all content on the Giact
Website is the exclusive property of Giact and is protected by U.S. and international
copyright laws. All software used on this site is the property of Giact or its software
suppliers and is protected by U.S. and international copyright laws. You acknowledge
and agree that the Giact Website contains proprietary and confidential information
that is protected by applicable U.S. and international intellectual property and
other laws.
Except as expressly authorized by Giact, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Giact Website, including
its interface, in whole or in part, and other logos and product and service names
that are trademarks of Giact (the “Giact Marks”). Unless you have written permission,
you agree not to display or use the Giact Marks in any manner,whatsoever. Any trademarks,
logos, service marks, brand identities, titles, characters, graphics, designs, and/or
other properties displayed on the Giact Website are property of Giact and are protected
as registered and unregistered trademarks and copyrights. To protect our brand names
and accompanying marks, Giact requires a license agreement or written permission
from an authorized agent at Giact, prior to any use of trademarks or copyrights
belonging to Giact. Any misuse of trademarks belonging to Giact is strictly prohibited.
WARRANTY. THE GIACT WEBSITE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL GIACT (OR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS) OR ANY OF ITS AFFILIATES OR VENDORS (OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING FROM YOUR
USE OF THE GIACT WEBSITE), INCLUDING, BUT WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE,
LOST PROFITS, ANTICIPATED PROFITS, LOST BUSINESS OR INJURY TO BUSINESS REPUTATION,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE
OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, REGARDLESS
OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree, at your own expense, to indemnify, defend and hold harmless Giact and
its employees, representatives, subsidiaries, affiliates, officers, directors, suppliers
and agents (collectively, the “Giact Indemnified Parties”), against any claim, suit,
action or other proceeding against Giact Indemnified Parties, by a third party,
to the extent that such claim, suit, action or other proceeding is based on or arises
in connection with your use of the Giact Website specifically including (a) a violation
of the terms set forth in the TOU (b) a claim that any use of the Giact Website
by you infringes any third party intellectual property right, is libelous or defamatory,
or otherwise results in injury or damage to anyone. You agree to pay any and all
costs, damages and expenses, including, but not limited to, reasonable attorneys’
fees and costs awarded against or otherwise incurred by or in connection with or
arising from any such claim, suit, action or proceeding attributable to any such
claim.
This TOU shall be deemed to be made and in all respects shall be interpreted, construed
and governed by and in accordance with the laws of the state of Texas without regard
to its conflict of laws principles. You many not bring any action against Giact,
regardless of form, arising out of or in conjunction with the subject matter of
this TOU more than one (1) year after the cause of action arose.
You agree that any and all claims, demands, disputes, differences, controversies,
and misunderstandings, whether in contract, tort or a combination thereof, that
you may bring against Giact that arise under, out of, in connection with, or in
relation to this TOU, or with operations carried out under this TOU, including but
without limitation to any dispute as to the validity, interpretation, enforceability
or breach of this TOU, shall be brought in a state court sitting in Collin County,
Texas or the Sherman Division of the United States District Court for the Eastern
District of Texas, and you irrevocably submit to the exclusive and personal jurisdiction
of each such court in any action or proceeding and waives any objection you may
now have or hereafter have to venue or convenience of forum.
If any provision of this TOU is found to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that this TOU
shall otherwise remain in full force and effect and enforceable.
IF YOU HAVE QUESTIONS REGARDING THIS AGREEMENT PLEASE CLICK
HERE.