Terms & Conditions

Web Site Terms and Conditions of Use

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

 

RESTRICTIONS ON USE AND OWNERSHIP

All pages within this Web site and any material made available for download are the property of GIANTWARE LLC (“GIANTWARE”) and/or its subsidiaries and affiliates. The content on the Site is provided for informational purposes only.

GIANTWARE hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use and not to use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage. As a condition of your use of this Site, you warrant to GIANTWARE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of GIANTWARE, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by GIANTWARE.

TRADEMARK NOTICE

GIANTWARE and www.GIANTWARE.org are the trademarks and service marks of GIANTWARE LLC. The registered domain name GIANTWARE.org is a service mark of GIANTWARE LLC. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Forward-Looking Statements

The Site may contain “forward-looking statements,” regarding GIANTWARE’ business, customers, partners, future products and services, estimates of future business prospects or financial results, statements regarding GIANTWARE’ objectives, expectations, intentions, beliefs or strategies, or statements containing words such as “believe,” “project,” “expect,” “intend,” “may,” “anticipate,” “plans,” “seeks,” or similar expressions. It is important to note that GIANTWARE’ actual results could differ materially from those in such forward-looking statements, and undue reliance should not be placed on such statements. Among the important factors that could cause such actual results to differ materially are (i) the timing of significant orders for GIANTWARE’ products and services, (ii) variations in the terms and the elements of services offered under GIANTWARE’ standardized contract for future bundled service offerings, (iii) changes in applicable accounting principles, (iv) difficulties or delays in implementing GIANTWARE’ bundled service offerings, (v) failure to achieve sales, marketing and other objectives, (vi) construction delays of new call centers, (vii) delays in the GIANTWARE’ ability to develop new products and services and market acceptance of new products and services, (viii) rapid technological change, (ix) loss of significant customers, (x) risks inherent in conducting business abroad, (xi) currency fluctuations, (xii)fluctuations in business conditions and the economy, (xiii) GIANTWARE’ ability to attract and retain key management personnel, (xiv) the marketplace’s continued acceptance of GIANTWARE’ bundled service offerings, (xv) GIANTWARE’ ability to continue the growth of its support service revenues through additional technical and customer service centers, (xvi) GIANTWARE’ ability to further penetrate into vertically integrated markets, (xvii) GIANTWARE’ ability to expand its global presence through strategic alliances and selective acquisitions, (xviii) GIANTWARE’ ability to continue to establish a competitive advantage through sophisticated technological capabilities, (xix) the ultimate outcome of pending class action lawsuits, (xx) GIANTWARE’ ability to recognize deferred revenue through delivery of products or satisfactory performance of services; and (xxi) other risk factors listed from time to time in GIANTWARE’ registration statements and reports as filed with the Securities and Exchange Commission. All forward-looking statements which may be contained on this Site are made as of the date that such statements are originally published or made, and GIANTWARE undertakes no obligation to update any such forward-looking statements.

Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), GIANTWARE is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to Giantware LLC, General Counsel, PO Box 387, Lake Oswego OR 97034

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GIANTWARE OR GIANTWARE’ AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

LIMITATION OF LIABILITY

GIANTWARE AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ACCURACY AND INTEGRITY OF INFORMATION

Although GIANTWARE attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform GIANTWARE so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Confidential and Proprietary Information/Visitor Submissions

GIANTWARE does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to GIANTWARE through the Site, including e-mail and all data, images, sounds, text, and other things embodied therein, (collectively “Communications”) will be deemed NOT to be confidential. By sending GIANTWARE any Communications, you grant GIANTWARE an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those Communications in and on all media now known or later developed, and you also agree that GIANTWARE is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

VISITOR CHAT ROOMS AND OTHER INTERACTIVE AREAS

GIANTWARE may, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content or any such Communications. GIANTWARE, however, will have no liability related to the content of any such Communications, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. GIANTWARE retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

Links or Pointers to Other Sites

GIANTWARE makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-GIANTWARE site, please understand that it is independent from GIANTWARE, and that GIANTWARE has no control over the content on that Web site. In addition, a hyperlink to a non-GIANTWARE Web site does not mean that GIANTWARE endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

CHOICE OF LAW AND VENUE

These Terms and Conditions are entered in the State of Oregon and shall be governed by and construed in accordance with the laws of the State of Oregon, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Hillsborough in the State of Oregon, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. If any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between GIANTWARE and you pertaining to the subject matter hereof. In its sole discretion, GIANTWARE may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on pages within this Site.