You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Gig Juggler Website any materials which (i) restrict or inhibit any other user from using and enjoying the Gig Juggler Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, scandalous, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil or criminal liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (ix) your website username and password are for your use only and are not to be shared with others; and (b) that you are at least eighteen (18) years old.
WE WILL MAKE A REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT GIG JUGGLER ON THIS WEBSITE; HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED HERE IS ALWAYS UP TO DATE OR THAT THIS WEBSITE CONTAINS ALL RELEVANT INFORMATION. IF YOU ARE MAKING AN INVESTMENT OR OTHER IMPORTANT DECISION, PLEASE CONSULT OTHER APPROPRIATE SOURCES, INCLUDING OUR VENDORS OWN WEBSITES.
Gig Juggler enables visitors to the Site to post reviews, comments, and other content to the Site. Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Gig Juggler or its affiliates for any purpose whatsoever, including, but not limited to the development of sales and marketing products. Gig Juggler has no obligation with respect to such material, information or ideas, and you agree to hold Gig Juggler and its affiliates, subsidiaries, their directors, officers, employees, agents or representatives or Gig Juggler’s suppliers harmless for any use of same by any entity or person.
Gig Juggler does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Gig Juggler Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Gig Juggler reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Gig Juggler Website.
Gig Juggler does not and cannot review, and has no obligation to monitor, all materials posted to Gig Juggler Website by users, and Gig Juggler is not responsible for any such materials posted by users.
COPYRIGHT AND TRADEMARK
Gig Juggler grants you a non-exclusive, non-transferable, limited license to view this Website, and to download and/or print insignificant portions of materials retrieved from this Website provided: (1) it is used only for informational, non-commercial purposes; and (2) you do not remove or obscure the copyright notice or other notices. Except for this grant, no part of this Website may be reproduced, republished, copied, transmitted, downloaded, displayed, posted or distributed in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Gig Juggler or the copyright owner. Please understand that the above grant does not include any linked Website.
Unless otherwise noted on this Website, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Website belongs to Gig Juggler, one of its affiliates, or to another party that has licensed their material to Gig Juggler. The names, images, pictures, logos and icons identifying Gig Juggler products and services are proprietary marks of Gig Juggler and/or its subsidiaries or affiliates. Except as expressly provided above, nothing on this Website shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights.
You hereby agree to indemnify, defend and hold Gig Juggler, and all its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, proceedings, damages, injuries, liability, losses, costs and expenses (including, without limitation, reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or of the foregoing representations, warranties and covenants, or arising out of or relating to any acts by you or materials or information transmitted by you in connection with the Site, regardless of the type of claim or nature of the cause of action including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Gig Juggler reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Gig Juggler.
All materials related to health information are provided for educational purposes only. Furthermore, some of this content comes from third parties and unless specifically stated, Gig Juggler does not vouch for the correctness of such information. You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any symptoms or medical condition.
Cautionary Statement Pursuant to the Private Securities Litigation Reform Act of 1995
Statements of Gig Juggler expectations for sales projections, capital spending, sales growth, earnings performance and similar financial and operating measures found in the press releases, interviews, presentations, SEC reports, and other materials found on this Site constitute “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. Such statements are based on the currently available operating, financial and competitive information as of the date of such statements and are subject to various risks and uncertainties that could cause actual results to differ materially from Gig Juggler historical experience and its stated expectations. These risks and uncertainties include, but are not limited to, general business conditions, the timely development and signing of new vendors, the impact of competition, fluctuations in and the overall condition of the U.S. economy, stability of costs and availability of products, Gig Juggler ability to attract, train and retain highly-qualified employees, unanticipated weather conditions, the impact of competition and regulatory and litigation matters, and other factors which are often beyond the control of Gig Juggler. Undue reliance should not be placed on such forward-looking statements, as such statements speak only as of the date on which they are made.
RESTRICTION & TERMINATION of SUBSCRIPTION & WEBSITE
a) Gig Juggler may at any time, with or without notice to you, restrict or terminate your use of the website in whole or in part if Gig Juggler determines in its sole discretion that (i) restricting or terminating your use of the website is necessary for security reasons or for proper continued operation of the website or (ii) your use of the website is not for legitimate purposes; or (iii) your use of the website violates any laws; or (iv) your use of the website violates any third-party rights; or (v) you have otherwise breached this Agreement or any other obligations to Gig Juggler or its Affiliates. In the event that your use of the website is restricted, and the restrictions are not satisfactory to you, your sole remedy shall be to terminate your subscription pursuant to Section (d) below.
b) Gig Juggler may at any time, with or without notice to you, restrict or terminate your use of the website in whole or in part, if you fail to make payments due to Gig Juggler hereunder. In the event that your use of the website is restricted and the restrictions are not satisfactory to you, your sole remedy shall be to terminate your subscription pursuant to Section (d) below.
c) If Gig Juggler terminates your subscription to the website, you will remain liable for the full charges applicable to the period during which Gig Juggler terminates your subscription, including all usage-based fees through the end of such period, and will also remain responsible for any other obligations incurred by you prior to termination. Following such termination, you agree not to re-register for or otherwise access the website without Gig Juggler’s prior written approval.
d) You may terminate your subscription for any reason at any time. In this case no remaining credit will be returned to you.
e) In the event of termination of your subscription by you or Gig Juggler, all rights to use the website and related rights including all rights provided to you under this Agreement (and all corresponding Gig Juggler obligations) shall terminate immediately but all other provisions of this Agreement, including the limitations on Gig Juggler liability and indemnification provisions, shall continue after termination. You shall remain responsible for all obligations incurred by you prior to termination. Upon termination, Gig Juggler reserves the right to delete any and all data files related to you or otherwise associated with your use of the website including your content and related information.
DISCLAIMER OF WARRANTIES
THE Gig Juggler WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE Gig Juggler WEB SITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GIG JUGGLER AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER: FOR THE CONTENT ON THE Gig Juggler WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE Gig Juggler WEBSITE; FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Gig Juggler WEBSITE OR ANY LINKED SITE. FURTHER, Gig Juggler AND ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Gig Juggler DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Gig Juggler WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Gig Juggler WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gig Juggler AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE Gig Juggler WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Gig Juggler disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this Website, including but not limited to technical inaccuracies, typographical errors, computer hardware or software errors or outdated material; (2) any third party websites or content therein directly or indirectly accessed through links in this Website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this Website or any portion of this website; (5) your use of this Website; (6) your use of any equipment or software in connection with this Website; or (7) any delays or breakdowns and including any delays or defaults on the part of Gig Juggler that are due to causes beyond the reasonable control of Gig Juggler, including those caused by attacks from unauthorized users who access Gig Juggler’s Website and technological infrastructure.
Gig Juggler does not guarantee that the functions contained on this website will be uninterrupted or error-free, that this Website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Gig Juggler is aware of them.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL Gig Juggler, ITS AFFILIATES, ITS SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR GIG JUGGLER’S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR BUSINESS INTERRUPTION OR LOSS OF PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, OR ANY HYPERLINKED SITE OR ANY PRODUCT OR SERVICES SOLD HEREUNDER, EVEN IF Gig Juggler OR AN Gig Juggler AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Parents should always supervise their children while online. Gig Juggler website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website.
Use of this Website shall be governed by and construed in accordance with the laws of the State of New York, United States of America, as they apply to agreements made and solely performed in New York. Disputes arising based on this Website or in any way related to this Website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of New York, and jurisdiction therefore shall be solely in New York.
Gig Juggler makes no representation that materials in this website are appropriate or available for use in other locations. If you access this Website from outside the United States, please understand that this Website may contain references and/or links to products and services that are not available or are prohibited in your country.
PRIVACY & SECURITY