Please Read These Terms Carefully Before Using This Website
This Website is provided by GIGAVAC®, a California LLC ("GIGAVAC"). BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AS WELL AS ALL OTHER POLICIES DESCRIBED IN THIS WEBSITE.
These terms may be changed from time to time and without further notice. Your continued use of this Website after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms please do not use this Website or download materials from it.
GIGAVAC may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features, at any time. GIGAVAC may remove, modify or otherwise change any content, including that of third parties, on or from this Website. GIGAVAC may impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability. GIGAVAC may terminate your use of this Website at any time in its sole discretion.
These terms apply exclusively to your access to and use of this Website and do not alter the terms or conditions of any other agreement you may have with GIGAVAC.
1. Proprietary Rights
Copyrights. GIGAVAC reserves copyrights in all contents of this Website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement. The contents of this Web may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without GIGAVAC’ s prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to GIGAVAC, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Website information on any other Internet, Intranet or Extranet Website or to incorporate the information in any other database or compilation. Any other use of the content of this Website is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Website, including but not limited to customer identities.
Trademarks. Trademarks of GIGAVAC may not be copied, imitated, or used, in whole or in part, without the prior written permission of GIGAVAC. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of GIGAVAC or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of GIGAVAC. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Website are the property of their respective companies.
Patents. GIGAVAC’ s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. GIGAVAC reserves all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of GIGAVAC’ s products or processes.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Website may be used by you solely for accessing and using this Website for purposes expressly stated on this Website, provided that such uses are not competitive with or derogatory to GIGAVAC. GIGAVAC retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
2. User conduct - General
In using this Website, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, this Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or affiliated or linked Websites;
- not to disrupt or interfere with any other user's enjoyment of this Website or affiliated or linked websites;
- not to upload, post, or otherwise transmit through or on this Website any viruses or other harmful, disruptive or destructive files;
- not to use or attempt to use another's account, service or system without authorization from the GIGAVAC, or create or use a false identity on this Website;
- not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
- not to attempt to obtain unauthorized access to Website or portions of this Website, which are restricted from general access;
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Website.
Your access to this Website is authorized by the terms of this Agreement. Access by third parties is expressly prohibited. You agree to indemnify and hold the GIGAVAC harmless from any liability, costs or damages arising out of claims or suits that result from third party access to the Service if such access is obtained from you.
3. User conduct - online communities & other interactive areas
This Website may contain areas where you may post and share comments with other Website users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through this Website unlawful, harassing, libelous, tortuous, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. GIGAVAC reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless GIGAVAC and its affiliates and parties with whom GIGAVAC has contracted for purposes of hosting or maintaining this Website from all claims based upon communications made or materials posted by others or the use by third parties of this Website.
4. Online communication on & through this website
6. Gigavac product & service information - limitations
All content available through this Website, including data, quotes, status reports, technical drawings, configurations, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Website. Specifications for products and services are subject to change without notice, and GIGAVAC reserves the right to make changes without notice to processing, materials, or configuration. GIGAVAC does not guarantee that products listed in its online catalog will be available at the time of your order. All information on this Website is subject to the disclaimers of section 8 below.
7. Links & third party content
Links to Other websites. This Website may from time to time contain links to other websites or other Internet information sources ("Third Party Sources"). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by GIGAVAC of -- or responsibility for -- the third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources.
Links from Other websites. All links to this Website must be approved in writing by GIGAVAC, except that GIGAVAC consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Website, (2) the link "points" only to the home page of this Website and not to deeper pages, (3) the link, when activated by a user, displays this home page of this Website full-screen and not within a "frame" on the linked website, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by GIGAVAC or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of GIGAVAC or its affiliates. GIGAVAC reserves the right to revoke this consent to link at any time in its sole discretion
Third Party Content. This Website may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither GIGAVAC nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE GIGAVAC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE GIGAVAC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE. THE GIGAVAC MAY MAKE ANY OTHER CHANGES TO THIS WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
THIS WEBSITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIGAVAC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT GIGAVAC DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, GIGAVAC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS WEBSITE. GIGAVAC DOES NOT MAKE ANY WARRANTY THAT THIS WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES GIGAVAC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS WEBSITE. GIGAVAC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF GIGAVAC, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.
GIGAVAC DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIGAVAC OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
THIS WEBSITE TOGETHER WITH ANY DOCUMENTS ISSUED BY GIGAVAC AND AVAILABLE THROUGH THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THIS WEBSITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS "BELIEVE," "EXPECT," "PLANS," "MAY," "WILL," "SHOULD," "ANTICIPATES" OR SIMILAR STATEMENTS OR THE NEGATIVE THEREOF. SUCH FORWARD-LOOKING STATEMENTS INCLUDE BUT ARE NOT LIMITED TO STATEMENTS MADE AS TO FUTURE OPERATION COSTS, CAPITAL EXPENDITURES, CASH FLOW, IMPROVEMENTS IN INFRASTRUCTURE, DISTRIBUTION SYSTEMS AND OPERATING EFFICIENCIES, SALES AND EARNINGS ESTIMATES OR TRENDS AND EXPANSION PLANS AND PROJECTIONS. SUCH FORWARD-LOOKING STATEMENTS ARE BASED ON CURRENT EXPECTATIONS AND BY THEIR NATURE INVOLVE KNOWN AND UNKNOWN INTERNAL AND EXTERNAL RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE THE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED OR IMPLIED. THE INFORMATION CONTAINED IN GIGAVAC'S MOST RECENT ANNUAL REPORT, AS WELL AS INFORMATION INCLUDED IN OTHER GIGAVAC FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION, IDENTIFIES IMPORTANT FACTORS THAT COULD CAUSE SUCH RESULTS, PERFORMANCE OR ACHIEVEMENTS NOT TO BE REALIZED. GIGAVAC UNDERTAKES NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS TO REFLECT EVENTS OR CIRCUMSTANCES AFTER THE DATE SUCH STATEMENTS WERE MADE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GIGAVAC OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN GIGAVAC FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEBSITE OR ANY CONTENT CONTAINED ON THIS WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GIGAVAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Upon a request by the GIGAVAC, you agree to defend, indemnify, and hold harmless the GIGAVAC and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website. The GIGAVAC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the GIGAVAC in asserting any available defenses.
11. Your representations & warranties
You represent and warrant for the benefit of the GIGAVAC that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and make credit card charges on your own behalf or on behalf of any person or entity for whom you are acting as agent/or that you are authorized to use the password required for this Website; and (c) all information that you submit to is true, accurate and current.
12. Risk of loss
All items purchased from GIGAVAC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
13. General International
This Website is controlled, operated and administered by GIGAVAC from its offices within the United States. GIGAVAC makes no representation that materials at this Website are appropriate or available for use at locations outside of the United States, and your access to this Website from territories where its contents may be illegal is prohibited.
Applicable Law. The terms shall be governed by and construed in accordance with the laws of the State of California, and the federal laws of the United States of America, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California.
Other. These terms constitute the entire agreement between you and GIGAVAC governing your use of this Website. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of this Website must be filed within one year after it arose or be permanently barred.