Terms and Conditions

Welcome to Gigafin!

Thank you for visiting and learning more about us and what we’re doing. It is important to us that you, and our other visitors, have a quality experience during your use of our website and that when you use our website you are fully aware of your legal rights and obligations. For that reason, we have created these Terms of Use (“Terms,” “Terms of Use” or “Agreement”) as the
legally binding terms to govern your use of our website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITEBECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF ANY SUCH DISPUTES

These Terms of Use describe the terms and conditions that govern your use of the gigafin.com website (hereinafter referred to as the “Site”). You accept and agree to be bound by these Terms of Use when you use the Site including but not limited to viewing or accessing content or videos on the Site.

A statement of our Privacy Policy may be found at www.gigafin.com/Privacy Policy. We may amend and update these Terms of Use at any time or times by posting the amended and updated Terms of Use on this Site. All amended and updated Terms of Use shall be effective immediately after amendments and updates are posted. You consent and agree to receive notices of amendments and updates of these Terms of Use through postings of the amended and updated Terms of Use on the Site.

You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

Contents & Summary

You Accept These Terms – Each time you access and/or use the Site, you agree to be bound by these Terms of Use and any additional terms that will apply to you.
Online Privacy Notice – You agree to our Privacy Policy.
Legal Capacity – You represent that you have the legal capacity to enter into the agreement set out in these Terms of Use.
Age – You represent that you are at least eighteen (18) years of age.
Web Content and Materials – You understand that any content on the Site is for information purposes only and is subject to change without any notice to you.
Registration– If you register for an account with us, you understand that any information you submit to us must be current and accurate.
Copyright Notices– The content on the Site is protected by copyright or other proprietary rights.
Trademark Notices– The Site is protected by trademark or other proprietary rights.
Third-Party Content– We are not responsible for any content on the Site that is produced by third parties.
Advertisements and Promotions– We are not responsible for any interactions that you may have with third-party advertisers, if any, on the Site.
Disclaimer of Warranties– We disclaim warranties and provide the Site “As Is.”
Limitation of Liability– Our liability to you is limited.
Links to Other Sites– We do not warrant the accuracy or reliability of content on other Web sites that may be linked to the Site.
Invited Submissions– From time to time, we may invite you to submit content to the Site. We will not pay for invited submissions.
Claims of Infringement– If you believe that any content appearing on the Site infringes on your copyrights or any other intellectual property rights, we want to hear from you Please email us.
Responsible Use of Site– You may only use the Site for lawful purposes.
Indemnification– You agree to hold us harmless for any claims against us that are due to your use of the Site.
Violation of Security– You may not tamper with the Site or the system for the Site.
Investigations– We reserve the right to investigate suspected violations of these Terms of Use.
Reservation of Rights– We may modify or discontinue the Site at any time.
Local Regulations– We make no representation that the Site is available for use outside of the United States.
Governing Law and Venue– California law will apply to these Terms of Use, and all disputes between you and we will be resolved in Los Angeles County, California.
No Waiver– No course of action taken by us will constitute a waiver by us of any provision of these Terms of Use.
Severability– A single invalid Term provision will not affect all of the other valid provisions of the Terms of Use.
Entirety– These Terms of Use are the entire understanding and agreement relating to your use of the Site.
How to Contact Us– You can contact us at [email protected].

1. You Accept These Terms
If you do not agree with any of these Terms of Use, including the Privacy Policy incorporated herein, please do not use the Site and/or the Gigafin Mobile App. By using the Site and/or the Gigafin Mobile App, you will be deemed to have irrevocably agreed to these Terms of Use. Some areas of the Site and the Gigafin Mobile App may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of the Site, unless otherwise expressly sated.

2. Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at the Site. Click here to show this notice, which forms a part of these Terms of Use.

3. Legal Capacity
Our Site is for adults. We will assume (and by using the Site you represent that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of adequate age and mental capacity and are otherwise entitled to be legally bound in contract).

4. Age
You represent that you are at least eighteen (18) years of age.

5. Web Content and Materials
The information on the Site is for information purposes only. It is believed to be reliable, but we do not warrant its completeness or accuracy. The information on the Site is not intended as an offer or solicitation for the purchase of our stock or any other security or financial instrument of ours.

The information and materials contained in the Site – and the terms and conditions of the access to and use of such information and materials – are subject to change without notice.

The Site is 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 local law or regulation.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED HEREIN AT ANY TIME. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE
OFFERINGS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERINGINFORMATION VIA THE SITE , NO SOLICITATION IS MADE BY US TO ANY PERSON TO USE SUCH INFORMATION, WHERE THE PROVISION OF SUCH INFORMATION IS PROHIBITED BY LAW.

6. Registration

You may be given the opportunity to register via an online registration form to create a user account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features on the Site.

We will use the information you provide in accordance with our Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password and/or username. You acknowledge and agree that we may rely on this password or username to identify you. You shall be responsible for protecting the confidentiality of your username(s) or
password(s), if any.

We shall be entitled to monitor your username and password and, at our discretion, require you to change it. If you use a username and password that we consider insecure, we will be entitled to require this to be changed and/or terminate Your Account.

7. Copyright Notices
The works of authorship contained in and on the Site, including but not limited to all design, text, software, photos, videos, editorials, features, writings, music and sound recordings, images, and the entire contents of the Site are owned, except as otherwise expressly stated, by us. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, renamed, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of our proprietary rights.

8. Trademark Notices
“Gigafin” and the stylized “G” symbol associated with the Gigafin logo are trademarks of ours and are protected as registered or unregistered trademarks, trade names and/or service marks owned by us. We respect the intellectual property rights of others and asks users of the Site to do the same. You may not copy or use any of our names, marks, or logos. Other featured words or symbols used on the Site to identify other parties’ goods and services may be trademarks or service marks of those other parties.

9. Third-Party Content
We are a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site are those of the respective author(s) or distributor(s) and not ours.

Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 11 and 12 below for the complete provisions governing disclaimer of warranties and limitation of liabilities and). In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with us.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will we be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site.

We are not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

10. Advertisements and Promotions
We may run advertisements and promotions from third parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

11. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE, OR ANY WEB SITES LINKED TO THE SITE, WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE, OR ANY OTHER WEB SITES LINKED TO THE SITE.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT CONTAINED THEREIN, OR WITH THE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

13. Links to Other Sites
Links to sites not affiliated with us are provided solely as pointers to information on topics that may be useful to users of the Site, and we have no control over the content on such non-affiliated Web sites. If you choose to link to a Web site not controlled by us, we make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to non-affiliated Web sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

14. Invited Submissions
From time to time, areas on the Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL, EXCEPT WE WILL TREAT YOUR. PERSONALLY IDENTIFIABLE INFORMATION AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.

15. Claims of Infringement
If you believe that any content appearing on the Site infringes your copyright rights, we want to hear from you. Please forward the following information in writing to our Copyright Agent at the address listed below:

a. Your name, address, telephone number, and e-mail address;
b. A description of the copyrighted work that you claim has been infringed;
c. The exact URL or a description of each place where alleged infringing material is located;
d. A statement by you that you have a good faith belief that the disputed use has not been
authorized by you, your agent, or the law;
e. Your electronic or physical signature or the electronic or physical signature of the person
authorized to act on your behalf; and
f. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We seek to preserve any and all exemptions from liability that may be available under applicable copyright law although we do not necessarily stipulate that we are a service provider as defined in the Copyright Act of 1976 (17 U.S.C. §512(c)). We may request additional information before removing any allegedly infringing material. In the event we remove the infringing materials, we will immediately notify the person responsible for putting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

Our Copyright Agent may be contacted in writing by U.S. regular mail or electronic mail at:
Gigafin, Inc.
Attention: Copyright Agent
28120 Peacock Ridge Drive, #501
Rancho Palos Verdes, CA 90275,
[email protected].

16. Responsible Use of Site

Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law.

17. Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

18. Violation of Security
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

19. Investigations
We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. We may suspend any users whose conduct is under investigation. If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may warn users, suspend
users and passwords, terminate accounts or take other corrective action we deem appropriate.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS.

20. Reservation of Rights
We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Site and/or any software, facilities and services on the Site, with or without notice, and/or to establish general guidelines and limitations on their use. You agree that we shall not be liable to you or any third party for any modification, suspension or termination of the Site.

21. Local Regulations
The materials and all other content in the Site are presented for the purpose of providinginformation regarding products intended for use in the United States. We make no representation that any materials or content on the Site are appropriate or will be available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable.

22. Governing Law
These Terms of Use and the relationship between you and us shall be governed by the laws of the state of California without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within California between California residents.

23. No Waiver
Our failure to exercise or enforce any right or provision set forth in these Terms of Use shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar violations or breaches of these Terms of Use.

24. Severability
If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, you and we nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision or term, and that the other provisions of these Terms of Use shall remain in full force and effect.

25. Entirety
These Terms of Use set forth the entire understanding and agreement between you and us relating to the matters contained herein and the Site.

26. How to Contact Us
Please forward any complaints about our Site to [email protected]. Please forward any questions regarding privacy to [email protected].

Welcome to Gigafin!

Thank you for visiting and learning more about us and what we’re doing. It is important to us that you, and our other visitors, have a quality experience during your use of our website and that when you use our website you are fully aware of your legal rights and obligations. For that reason, we have created these Terms of Use (“Terms,” “Terms of Use” or “Agreement”) as the legally binding terms to govern your use of our website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF ANY SUCH DISPUTES.

You should visit this page regularly to review the current terms. Your continued use of the Site or the Gigafin Mobile App will be deemed as irrevocable acceptance of any revisions.

Contents & Summary

You Accept These Terms – Each time you access and/or use the Site, you agree to be bound by these Terms of Use and any additional terms that will apply to you.
Online Privacy Notice – You agree to our Privacy Policy.
Legal Capacity – You represent that you have the legal capacity to enter into the agreement set out in these Terms of Use.
Age – You represent that you are at least eighteen (18) years of age.
Web Content and Materials – You understand that any content on the Site is for information purposes only and is subject to change without any notice to you.
Registration– If you register for an account with us, you understand that any information you submit to us must be current and accurate.

Copyright Notices– The content on the Site is protected by copyright or other proprietary rights.
Trademark Notices– The Site is protected by trademark or other proprietary rights.
Third-Party Content– We are not responsible for any content on the Site that is produced by third parties.
Advertisements and Promotions– We are not responsible for any interactions that you may have with third-party advertisers, if any, on the Site.
Disclaimer of Warranties– We disclaim warranties and provide the Site “As Is.”
Limitation of Liability– Our liability to you is limited.
Links to Other Sites– We do not warrant the accuracy or reliability of content on other Web sites that may be linked to the Site.
Invited Submissions– From time to time, we may invite you to submit content to the Site. We will not pay for invited submissions.
Claims of Infringement– If you believe that any content appearing on the Site infringes on your copyrights or any other intellectual property rights, we want to hear from you. Please email us.
Responsible Use of Site– You may only use the Site for lawful purposes.
Indemnification– You agree to hold us harmless for any claims against us that are due to your use of the Site.
Violation of Security– You may not tamper with the Site or the system for the Site.
Investigations– We reserve the right to investigate suspected violations of these Terms of Use.
Reservation of Rights– We may modify or discontinue the Site at any time.
Local Regulations– We make no representation that the Site is available for use outside of the United States.
Governing Law and Venue– California law will apply to these Terms of Use, and all disputes between you and we will be resolved in Los Angeles County, California.
No Waiver– No course of action taken by us will constitute a waiver by us of any provision of these Terms of Use.
Severability– A single invalid Term provision will not affect all of the other valid provisions of the Terms of Use.
Entirety– These Terms of Use are the entire understanding and agreement relating to your use of the Site.
How to Contact Us– You can contact us at [email protected].

If you do not agree with any of these Terms of Use, including the Privacy Policy incorporated herein, please do not use the Site and/or the Gigafin Mobile App. By using the Site and/or the Gigafin Mobile App, you will be deemed to have irrevocably agreed to these Terms of Use. Some areas of the Site and the Gigafin Mobile App may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of the Site and/or the Gigafin Mobile App, unless otherwise expressly sated.

2. Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at the Site and during your use of the Gigafin Mobile App. Click here to show this notice, which forms a part of these Terms of Use.

3. Legal Capacity

Our Site and the Gigafin Mobile App are for adults. We will assume (and by using the Site and/or the Gigafin Mobile App you represent that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of adequate age and mental capacity and are otherwise entitled to be legally bound in contract).

4. Age

You represent that you are at least eighteen (18) years of age.

5. Web Content and Materials

The information on the Site and the Gigafin Mobile App is for information purposes only. It is believed to be reliable, but we do not warrant its completeness or accuracy. The information on the Site and the Gigafin Mobile App is not intended as an offer or solicitation for the purchase of our stock or any other security or financial instrument of ours.

The information and materials contained in Site and the Gigafin Mobile App – and the terms and conditions of the access to and use of such information and materials – are subject to change without notice.

The Site and the Gigafin Mobile App are 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 local law or regulation.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED HEREIN AT ANY TIME. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE OR MOBILE APPLICATION OFFERINGS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING
INFORMATION, PRODUCTS, OR SERVICES VIA THE SITE OR GIGAFIN MOBILE APP, NO SOLICITATION IS MADE BY US TO ANY PERSON TO USE SUCH INFORMATION, PRODUCTS, OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.

6. Registration

You may be given the opportunity to register via an online registration form to create a user account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features on the Site and the Gigafin Mobile App such as certain Interactive Areas (as defined in Section 9 of these Terms of Use).

We will use the information you provide in accordance with our Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site and in the Gigafin Mobile App so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password and/or username. You acknowledge and agree that we may rely on this password or username to identify you. You shall be responsible for protecting the confidentiality of your username(s) or password(s), if any.

We shall be entitled to monitor your username and password and, at our discretion, require you to change it. If you use a username and password that we consider insecure, we will be entitled to require this to be changed and/or terminate Your Account.

7. Copyright Notices

The works of authorship contained in and on the Site and/or in and on the Gigafin Mobile App, including but not limited to all design, text, software, photos, videos, editorials, features, writings, music and sound recordings, images, and the entire contents of the Site and the Gigafin Mobile App are owned, except as otherwise expressly stated, by us. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, ramed, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of our proprietary rights.

8. Trademark Notices

“Gigafin” and the stylized “G” symbol associated with the Gigafin logo are trademarks of ours and are protected as registered or
unregistered trademarks, trade names and/or service marks owned by us. We respect the intellectual property rights of others and asks users of the Site and/or the Gigafin Mobile App to do the same. You may not copy or use any of our names, marks, or logos. Other featured words or symbols used on the Site and/or in or on the Gigafin Mobile App to identify other parties’ goods and services may be trademarks or service marks of those other parties.

9. Third-Party Content

We are a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site are those of the respective author(s) or distributor(s) and not ours.

10. Advertisements and Promotions

We may run advertisements and promotions from third parties on the Site and/or on and through the Gigafin Mobile App. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site and/or on or through the Gigafin Mobile App.

11. Disclaimer of Warranties

YOUR USE OF THE SITE AND/OR THE GIGAFIN MOBILE APP IS AT YOUR OWN RISK. THE SITE AND THE GIGAFIN MOBILE APP, AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE AND IN OR ON THE GIGAFIN MOBILE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND THE GIGAFIN MOBILE APP INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE AND IN THE GIGAFIN MOBILE APP WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE GIGAFIN MOBILE APP OR THE SERVERS THAT MAKE THE SITE AND GIGAFIN MOBILE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MOBILITYPAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR IN OR ON THE GIGAFIN MOBILE APP, OR ANY WEB SITES LINKED TO THE SITE OR THE GIGAFIN MOBILE APP, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR IN OR ON THE GIGAFIN MOBILE APP, OR ANY WEB SITES LINKED TO THE SITE OR THE GIGAFIN MOBILE APP, WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR IN OR ON THE GIGAFIN MOBILE APP, OR ANY OTHER WEB SITES LINKED TO THE SITE OR THE GIGAFIN MOBILE APP.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR THE GIGAFIN MOBILE APP OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR THE GIGAFIN MOBILE APP, THE CONTENT CONTAINED THEREIN, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE GIGAFIN MOBILE APP.

13. Links to Other Sites

Links to sites not affiliated with us are provided solely as pointers to information on topics that may be useful to users of the Site and/or the Gigafin Mobile App, and we have no control over the content on such non- affiliated Web sites. If you choose to link to a Web site not controlled by us, we make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to non-affiliated Web sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

14. Invited Submissions

From time to time, areas on the Site and in or on the Gigafin Mobile App may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Site and in or on the Gigafin Mobile App to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL, EXCEPT WE WILL TREAT YOUR PERSONALLY IDENTIFIABLE INFORMATION AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site or the Gigafin Mobile App except as
provided in Section 9(D) above.

15. Claims of Infringement

If you believe that any content appearing on the Site or appearing in or on the Gigafin Mobile App infringes your copyright rights, we want to hear from you. Please forward the following information in writing to our Copyright Agent at the address listed below:

a. Your name, address, telephone number, and e-mail address;

b. A description of the copyrighted work that you claim has been infringed;

c. The exact URL or a description of each place where alleged infringing material is located;

d. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

e. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

f. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We seek to preserve any and all exemptions from liability that may be available under applicable copyright law although we do not necessarily stipulate that we are a service provider as defined in the Copyright Act of 1976 (17 U.S.C. §512(c)). We may request additional information before removing any allegedly infringing material. In the event we remove the infringing materials, we will immediately notify the person responsible for putting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

Our Copyright Agent may be contacted in writing by U.S. regular mail or electronic mail at:

Gigafin, Inc.
Attention: Copyright Agent
28120 Peacock Ridge Drive, #501
Rancho Palos Verdes, CA 90275,
[email protected].

16. Responsible Use of Site

Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law.

17. Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site or the Gigafin Mobile App by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

18. Violation of Security

You are prohibited from using any services or facilities provided in connection with the Site and/or the Gigafin Mobile App to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking
tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

19. Investigations

We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any forum.

We may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from our servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may edit or modify any submission, posting, or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate.

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.

20. Reservation of Rights

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Site and the Gigafin Mobile App, and/or any software, facilities and services on the Site and on or in the Gigafin Mobile App, with or without notice, and/or to establish general guidelines and limitations on their use. You agree that we shall not be liable to you or any third party for any modification, suspension or termination of the Site or the Gigafin Mobile App.

21. Local Regulations

The materials and all other content in the Site and in or on the Gigafin Mobile App are presented for the purpose of providing information regarding products available in the United States. We make no representation that any materials or content on the Site and on or in the Gigafin Mobile App are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site and/or the Gigafin Mobile App from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

22. Governing Law

These Terms of Use and the relationship between you and us shall be governed by the laws of the state of California without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. To the extent that a dispute is not subject to arbitration under Section 27 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in Los Angeles County, California; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California for the adjudication of all non-arbitral claims.

23. No Waiver

Our failure to exercise or enforce any right or provision set forth in these Terms of Use shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar violations or breaches of these Terms of Use.

24. Severability

If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, you and we nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision or term, and that the other provisions of these Terms of Use shall remain in full force and effect.

25. Entirety

These Terms of Use set forth the entire understanding and agreement between you and us relating to the matters contained herein and the Site. These Terms of Use in conjunction with the Gigafin Mobile App End User License Agreement constitute the entire understanding and agreement relating to your use of the Gigafin Mobile App.

26. How to Contact Us

Please forward any complaints about our Gigafin Mobile App or our gigafin.com site to [email protected]. Please forward any questions regarding privacy to [email protected].