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By accessing and/or using this website ("Website")
you agree on behalf of yourself and the company on
whose behalf you are visiting the Website (collectively "You")
to be bound by these terms and conditions of use (the "Terms"). If
you do not want to agree with the Terms, please do
not access or use this Website.
Gig Avenue reserves the right, in its sole discretion,
to revise the Terms at any time. By accessing and/or
using this Website after a revision of the Terms, You
agree to be bound by such revisions. Please check the
current version of the Terms every time You access
this Website, and please leave our Website if You do
not agree with the current version of the Terms.
Copyrights. All materials provided
on the Website, including but not limited to information,
documents, products, logos, graphics, sounds, images,
software, and services ("Materials"), are
provided either by Gig Avenue or by their respective
third party manufacturers, authors, developers and
vendors ("Third Party Providers") and are
the copyrighted work of Gig Avenue and/or its Third
Party Providers. Nothing contained in the Terms or
on the Website shall be construed as conferring any
license or right, expressly, by implication, by estoppel
or otherwise, under any of Gig Avenue’s and/or its
Third Party Providers’ intellectual property rights
and no part of this Website may be reproduced, republished,
copied, transmitted, or distributed in any form or
by any means except as expressly stated herein. You
are hereby authorized to view, reproduce and otherwise
utilize the Website and Materials for Your own use
only, provided that (a) such use does not interfere
with Gig Avenue’s business; and (b) You do not remove
or obscure the copyright notice or other notices displayed
on the Website and Materials. Any rights not expressly
granted herein are reserved.
Warranty Disclaimer. EXCEPT AS EXPRESSLY
PROVIDED BY GIG AVENUE, THE MATERIALS ON THE WEBSITE
ARE PROVIDED "AS IS" AND GIG AVENUE HEREBY
DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES,
GUARANTEES, AND CONDITIONS, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE WEBSITE AND MATERIALS MAY INCLUDE INACCURACIES,
OUTDATED INFORMATION, DEFECTS, OMISSIONS AND/OR OTHER
ERRORS. Gig Avenue DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE
WEBSITE OR MATERIALS IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE
ENTIRE RISK AND COST OF ALL NECESSARY SERVICE, REPAIR,
REPLACEMENT AND/OR CORRECTION OF ANY OF YOUR COMPUTER
HARDWARE, SOFTWARE AND/OR ANY OTHER PROPERTY WHATSOEVER,
WHETHER OR NOT Gig Avenue IS AT FAULT. GIG AVENUE
RESERVES THE RIGHT TO MODIFY THE INFORMATION DISPLAYED
ON THIS WEBSITE BUT IT DOES NOT MAKE ANY COMMITMENT
TO UPDATE THE INFORMATION DISPLAYED ON THIS WEBSITE.
Limitation Of Liability. IN
NO EVENT WILL GIG AVENUE, ITS OFFICERS, EMPLOYEES,
AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL,
LOSS OF PROFITS OR LOSS OF BUSINESS ARISING OUT OF
OR IN CONNECTION WITH THE USE OF THIS WEBSITE, OR USE
OF ANY LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION,
ANY LIABILITY ARISING FROM THE BREACH OF CONTRACT,
NEGLIGENCE AND ANY OTHER STATUTORY, CONTRACT AND/OR
TORT LIABILITY, EVEN IF Gig Avenue HAS BEEN EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES,
WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS,
BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER
DATA ON YOUR INFORMATION PROCESSING SYSTEM, whether
based on breach of contract, tort, statutes or any
other legal theory. YOU HAVE SOLE RESPONSIBILITY FOR
THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT
USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT
MAKE A CLAIM AGAINST Gig Avenue FOR LOST DATA, RE-RUN
TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS
RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE
TO HOLD Gig Avenue HARMLESS FROM, AND YOU COVENANT
NOT TO SUE Gig Avenue FOR, ANY CLAIMS BASED ON OR RELATED
TO THE USE OF THE WEBSITE.
Pricing and Availability Information. Pricing
and availability of products, services or programs
as set forth in the Website are subject to change without
notice, and may not be available in all countries.
The Website may contain references to Gig Avenue products,
services and programs that have not been announced
in Your country. These references do not imply that
Gig Avenue intends to announce or make available such
products, services or programs in Your country. Further,
the Website may contain references to future planned
Gig Avenue products. It is possible that such products
will not be produced.
Submissions. Except where expressly
provided otherwise by Gig Avenue, all comments, feedback,
information or materials submitted to Gig Avenue through
or in association with this Website ("Submissions")
shall be considered non-confidential. By providing
such Submissions to Gig Avenue, You agree to assign
to Gig Avenue, at no charge, all worldwide rights,
title and interest in copyrights and other intellectual
property rights to the Submissions. Gig Avenue shall
be free to use and/or disseminate such Submissions
on an unrestricted basis for any purpose. You acknowledge
that You are responsible for the Submissions that You
provide, and that You, not Gig Avenue, have full responsibility
for the Submissions, including their legality, reliability,
appropriateness, originality and copyright.
Links To Third Party Sites. This
Website may contain links to websites controlled by
parties other than Gig Avenue. Gig Avenue is not responsible
for and does not endorse or accept any responsibility
for the contents or use of these third party websites.
Gig Avenue is providing these links to You only as
a convenience, and the inclusion of any link does not
imply endorsement by Gig Avenue of the linked website.
It is Your responsibility to take precautions to ensure
that whatever You select for Your use is free of viruses
or other items of a destructive nature.
Export Control. Gig Avenue controls
and operates this Website from its headquarters in
various locations in the United States of America and
makes no representation that these Materials are appropriate
or available for use in other locations. If You use
this Website from other locations, You are responsible
for compliance with applicable local laws including
but not limited to the export and import regulations
of other countries. You acknowledge and agree that
Materials are subject to the U.S. Export Administration
Laws and Regulations. Diversion of such Materials contrary
to U.S. law is prohibited. You agree that none of the
Materials, nor any direct product therefrom, is being
or will be acquired for, shipped, transferred, or re-exported,
directly or indirectly, to proscribed or embargoed
countries or their nationals, nor be used for nuclear
activities, chemical biological weapons, or missile
projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export
Administration Regulations. You certify that You are
not on the U.S. Department of Commerce's Denied Persons
List or affiliated lists or on the U.S. Department
of Treasury's Specially Designated Nationals List.
You agree to comply strictly with all U.S. export laws
and assume sole responsibility for obtaining licenses
to export or re-export as may be required.
Intellectual Property Notices. All
text, images, HTML, and all other code contained on
this Website — unless credited to another source—are
Copyright © 2009 Gig Avenue, LLC, 3075 Raymond
Street, Santa Clara, California 95054 U.S.A. All rights
reserved. Elements of the Website are protected by
trade dress and other laws and may not be copied or
imitated in whole or in part. No logo, graphic, sound
or image from the Website may be copied or retransmitted
unless expressly permitted by Gig Avenue. Gig Avenue
and the Gig Avenue logo design are trademarks Gig Avenue
in the United States and/or other countries. This list
is not exhaustive. All other trademarks are the property
of their respective owners.
Privacy Policy. Our data collection
practice is described in the Privacy Policy, a link
to which is posted on each page of the Website. Please
review our Privacy Policy before submitting any personal
data to us. By submitting any data to Gig Avenue, You
consent to our use of such data in accordance with
our Privacy Policy.
Governing Law. Your use of this Website,
the Terms, and any dispute arising in connection with
the Terms shall be governed by California law, excluding
its conflict of law principles. Any disputes arising
in connection with these Terms or this Website shall
be subject to the exclusive jurisdiction of courts
in Santa Clara County, California. You hereby expressly
consent to the personal jurisdiction of such courts.
Last Revised January 21, 2009
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