1. SECTION A – TERMS APPLICABLE TO USERS MAKING WEBSITE PURCHASES.
“SECTION A” Terms apply specifically to all users making purchases on this Website. If you are using this Website, but not making a purchase, please refer to “SECTION B” for Terms applicable to you.
- TERMS GOVERNING ALL ORDERS. These Terms apply to any and all purchases made by you from Giant via this Website. If you place an order with Giant it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Website. These Terms apply to all sales of bicycles, clothing, and any and all other goods and products offered on this Website (collectively, “Products”). These Terms cannot be altered, other than in writing and signed by an Officer of Giant. In the event of any inconsistency or conflict between these Terms and any provision in any Customer-submitted order or writing, in any other document writing, or any oral arrangement in connection with an order of any Product, these Terms shall govern and control (and any inconsistent provisions shall be void). Giant reserves the right to change or modify these Terms at any time in its sole discretion. Notice of any such changes to these Terms will be provided by Giant by posting a notification on this Website or updating the date referenced at the top of the revised Terms or as otherwise deemed appropriate by Giant. Giant’s right to require strict observance and performance of each of these Terms shall not be reduced, vitiated, or otherwise affected by any current or past waiver of any of these Terms (or by any previous course of dealing).
- ORDERS AND ACCEPTANCE. When a Customer places an order on this Website, such order will not be deemed accepted by Giant unless and until an order acknowledgment is sent to the Customer via email by Giant (“Order Confirmation”). Orders accepted by Giant may not be cancelled by Customer without Giant’s express written consent, which Giant may withhold in its sole discretion. All orders are subject to the availability of the ordered Product. Giant reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. Also, even if an order has been accepted, Giant may subsequently cancel such order in whole or in part due to Product availability (including without limitation, any discontinuation of the Product), price change, if the incorrect Product price was displayed on this Website, or as otherwise determined by Giant in its sole discretion. Customer will be notified of any order cancellation and any amounts Customer has paid to Giant in respect of such order shall be refunded to Customer as set forth in the “Payment” paragraph of these Terms.
- PRICES AND TAXES. All prices on this Website are shown in United States dollars. All prices are subject to change without notice, and exclude Taxes (as defined below), shipping and handling charges, and destination fees. The prices quoted for the Products sold via this Website do not include any federal, state or local sales, use, value-added, excise, gross receipts or any similar transaction or consumption taxes, tariffs, duties or other charges imposed on or measured by the use or sale of Products (collectively, “Taxes”). You shall be responsible and pay for, and reimburse Giant if it pays, any such Taxes (except for income Taxes imposed on Giant). If Giant is required by any governmental authority or agency to collect and pay any Taxes on Customer’s behalf, Giant may invoice Customer for such amounts including any interest or penalty assessed thereon. Products displayed on this Website may be also available at a Giant authorized retailer in our dealership network (each an “Authorized Giant Dealer”); however, prices displayed for such Products on this Website may vary from advertised promotional prices available at an Authorized Giant Dealer.
- Payment. All orders must be paid in full prior to shipment. Giant accepts all major credit cards, such as MasterCard, Visa, and American Express, and debit cards. Payment information is submitted by Customer upon the placement of any order, and acceptance, fulfillment and shipping of the order by Giant is subject to verification of payment information and availability of funds. Only valid credit or debit cards acceptable to us may be used and all refunds will be credited to the same card used in the purchase. By submitting your order, you represent and warrant that you are authorized to use the designated credit or debit card and authorize us to charge your order (including Taxes, shipping, handling, destination fees and any other amounts described on this Website) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
- Website Errors. We do not warrant that any Product, description, photograph, pricing or other information on this Website is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Website, in an Order Confirmation, in processing an order, delivering a Product or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct Product purchase price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
- Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through this Website may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different written terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
- Shipping & Handling and/or Destination Fees; Delivery; and Risk of Loss. All Products purchased on this Website can only be shipped to a valid street address (i.e., we do not deliver to P.O. Boxes, Army Post Office (APO) and Fleet Post Office (FPO)) within the contiguous 48 states of the United States (which excludes Alaska, Hawaii, Puerto Rico and all other foreign countries) to (a) you directly (to the domestic/deliver-to address indicated in your order) or (b) an Authorized Giant Dealer of your choosing. Please note that for any transaction that includes a bicycle, such bicycle (and any accompanying merchandise purchased in such transaction) will not be shipped to you directly but will instead be delivered only to an Authorized Giant Dealer, from whom you will pick it up and take delivery. Although Giant is authorized to make shipping arrangements on Customer’s behalf, Customer is solely responsible for all shipping and handling, or destination fee charges which are displayed on this Website when an order is placed. All Products are shipped via standard ground delivery (i.e., no provisions for expedited freight on bicycles or other Products). Title and risk of loss or damage to the ordered Product shall pass to Customer at the time the Product is delivered to Customer (whether shipped directly to Customer or whether shipped to an Authorized Giant Dealer). Shipping times shown on this Website are good faith estimates only, and actual delivery dates may vary. Giant will use commercially reasonable efforts to fill Customer’s orders within the timeframe stated on this Website but in no event shall Giant be liable for any damages associated with Giant’s inability to meet any such timeframes.
- Pick-Up at Authorized Giant Dealer. If any of the Products are shipped to an Authorized Giant Dealer for the Customer to pick up, Giant will notify the Customer via email when the Product is available for pick-up at the Authorized Giant Dealer. The customer agrees to pick up the Product at the Authorized Giant Dealer within 7 calendar days following receipt of the email notice, and if the Customer is unable to pick up the Product purchased within such 7 calendar days, the Customer will contact the Authorized Giant Dealer using the details in the Order Confirmation. At the time of Product pick-up, the Customer agrees to present to the Authorized Giant Dealer, the Order Confirmation and a government-issued identification card (such a valid driver’s license or passport). Customer’s failure to pick up the Product or contact the Authorized Giant Dealer within 14 calendar days of Giant’s initial delivery notification may result in Giant charging Customer a $50 fee for collection, storage, and/or restocking. If Customer fails to pick-up the Product after 14 calendar days, the order shall be cancelled and Giant will refund any amounts Customer has paid in respect of such Product (less the any applicable shipping, handling and restocking charges).
- Returns. Unless otherwise indicated on this Website as a “non-returnable” item, within 14 days following delivery, a Customer may return a Product for a full refund of the purchase price (not including initial shipping and handling or destination fee charges) plus any applicable Tax, so long as any such Product is in new, unused and undamaged condition, with original packaging, and the original price and information tag(s) have not been removed, and subject to the following:
- Products (Other Than Bicycles): Please call (800) US-Giant or email firstname.lastname@example.org to obtain a Return Merchandise Authorization (RMA) and return label. Please include the Return Form with your returned product. A $10 flat restock fee will be deducted from your refund when your return is received unless the return is due to Giant’s error.
- Bicycles Only: Bring your order, with proof of purchase, to the local Authorized Giant retailer who assembled your bike. You may be eligible for a full refund of the purchase price (not including initial shipping and handling or destination fee charges) plus any applicable Tax, so long as any such bicycle is like-new and undamaged.
- Product Changes. From time to time and without notice, Giant reserves the right to make any changes it deems necessary or desirable, including but not limited to changes related to design, specifications, manufacturing or production of its Products. Giant may furnish suitable substitute Products or components for Products or components which are unobtainable by Giant because of any priorities, rules, regulations or the like established by governmental authorities or agencies, or due to price changes or the non-availability of materials or components from suppliers. Customer may not make any changes in the designs or specifications for Products purchased on this Website.
- Not for Resale. Customer agrees and represents that Customer is buying the Product(s) for Customer’s own use and not for resale.
- Reservation. Giant reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.
- Warranty; Exclusive Remedy. Subject to the following limitations, terms, and conditions, Giant warrants to the original purchaser (and only the original purchaser) of each purchased Product as follows:
- Bicycles ONLY.
- Warranties. The following warranties apply only to bicycles and framesets purchased new from, and assembled by, an Authorized Giant Dealer:
- Lifetime Warranty. Giant warrants the frame and rigid fork of each new bicycle and frameset to be free from defects in material and workmanship for as long as the original purchaser owns the bicycle. This limited warranty is non-transferable.
- Limited Warranty. Paint finish and all other original components, and all repair parts, replacement parts, and accessories, are warranted to be free from defects in material or workmanship for a period of one (1) year from the original date of purchase. Any repaired or replaced part will remain subject to the warranty for the remaining portion of the original warranty term, but will have no warranty coverage whatsoever beyond expiration of such original warranty term. This limited warranty shall automatically expire on the one (1) year anniversary of the date of purchase.
- Free 60-Day Repair Labor. If your bicycle is found to be defective in materials, workmanship, or assembly within 60 days of purchase, it will be repaired for you without charge for labor or materials. To receive this service, simply bring your bicycle to the Authorized Giant Dealer from where it was delivered and picked-up by you.
- Limited Remedy. Unless otherwise provided, the sole remedy under the above warranty, or any implied warranty, is limited to the replacement of defective parts with those of equal or greater value at the sole discretion of Giant. Unless within the free 60-day repair labor period, you will be responsible for labor costs associated with warranty replacements. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, IN NO EVENT SHALL GIANT BE RESPONSIBLE FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ECONOMIC LOSSES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER THEORY.
- Exclusions. THE ABOVE WARRANTY, OR ANY IMPLIED WARRANTY, DOES NOT COVER NORMAL WEAR AND TEAR. ALL WARRANTIES ARE VOID IF THE BICYCLE IS MODIFIED FROM ITS ORIGINAL CONDITION OR THE BICYCLE IS USED FOR OTHER THAN NORMAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, FAILING TO FOLLOW THE OWNER’S MANUAL OR USING THE BICYCLE FOR COMMERCIAL ACTIVITIES OR IN COMPETITIVE EVENTS, INCLUDING BUT NOT LIMITED TO BICYCLE RACING, BICYCLE MOTORCROSS RACING, STUNT RIDING, RAMP JUMPING OR SIMILAR ACTIVITIES, AND TRAINING FOR SUCH ACTIVITIES OR EVENTS. GIANT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. Except to the extent specifically prohibited by law, ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THAT OF THE EXPRESS WARRANTIES STATED ABOVE.
- Warranties. The following warranties apply only to bicycles and framesets purchased new from, and assembled by, an Authorized Giant Dealer:
- Helmets ONLY. Any helmet determined by Giant to be defective in materials or workmanship within one (1) year from the date of original retail purchase will be repaired or replaced, at Giant’s option, free of charge when received at the factory, freight prepaid, together with proof of purchase from the original owner. Any repaired or replaced helmet will remain subject to the warranty for the remaining portion of the original warranty term, but will have no warranty coverage whatsoever beyond expiration of such original warranty term. This limited warranty shall automatically expire on the one (1) year anniversary of the date of purchase. This limited warranty is void in its entirety if the Product is modified after sale to Customer. This limited warranty is non-transferable. This warranty is expressly in lieu of all other warranties. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE SAME DURATION AS THIS EXPRESS WARRANTY. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, GIANT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, THIS WARRANTY DOES NOT COVER ANYTHING RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, FAILURE TO PERFORM MAINTENANCE AS INSTRUCTED OR UNAUTHORIZED REPAIR OR SERVICE. This warranty does not cover any representation or warranty made by Authorized Giant Dealers beyond the provisions of this warranty. You must establish proof of purchase to obtain warranty service or replacement.
- Other Products. Any Product (other than a bicycle or helmet, discussed above) determined by Giant to be defective in materials or workmanship within one (1) year from the date of original retail purchase will be repaired or replaced (with the same or a similar item, as determined by Giant), at the sole discretion of Giant, free of charge when received at the factory, freight prepaid, together with proof of purchase from the original owner. Any repaired or replaced Product will remain subject to the warranty for the remaining portion of the original warranty term but will have no warranty coverage whatsoever beyond the expiration of such original warranty term. This limited warranty shall automatically expire on the one (1) year anniversary of the date of purchase. THIS LIMITED WARRANTY, OR ANY IMPLIED WARRANTY, DOES NOT COVER NORMAL WEAR AND TEAR. THIS LIMITED WARRANTY IS VOID IN ITS ENTIRETY IF THE PRODUCT IS MODIFIED AFTER SALE TO THE CUSTOMER. THIS LIMITED WARRANTY IS NON-TRANSFERABLE. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE SAME DURATION AS THIS EXPRESS WARRANTY. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, GIANT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, THIS WARRANTY DOES NOT COVER ANYTHING RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, FAILURE TO PERFORM MAINTENANCE AS INSTRUCTED OR UNAUTHORIZED REPAIR OR SERVICE. This warranty does not cover any representation or warranty made by Authorized Giant Dealers beyond the provisions of this warranty. You must establish proof of purchase to obtain warranty service or replacement.
- Exercising Your Rights Under the Warranties. In order to exercise rights under any applicable warranty in this Paragraph 13:
- Bicycles Only: Customer must bring bicycle with proof of original purchase to an Authorized Giant retailer.
- Products (Other Than Bicycles) purchased via WebLink: (i) Customer must contact Giant via email at GiantWebLink@giantbicycle.com or (800) US-Giant within the applicable warranty period to report a warranty claim and obtain a return authorization number. (ii) Return the affected Product to Giant with the return authorization number issued by Giant and proof of purchase (original invoice or credit card statement) within fifteen (15) days of the date when the Customer made the warranty claim to Giant.
- Products (Other Than Bicycles) purchased via an Authorized Giant Retailer: Customer must bring item with proof of original purchase to an Authorized Giant retailer.
- Bicycles ONLY.
If the product is determined not to be covered by the warranty terms, Customer may be responsible for all return shipping expenses (a) to Giant or (b) if applicable, to the Authorized Giant Dealer where Customer picked-up the Product.
- Right to Modify; Warranty Process. Giant reserves the right to modify this limited warranty at any time, in its sole discretion. Giant reserves the right to require additional identification, proof of purchase, or additional verifiable information to help Giant locate Customer’s purchase of the Product in its records. If Customer does not comply with any of the above conditions, Giant reserves the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) using the current sales price of the returned Product. Within 30 days following the return to Giant of the allegedly defective Product (pursuant to a warranty claim that complies with the foregoing requirements of this Paragraph 13) Giant will inspect any such returned Product. If Giant determines that the Product is in compliance with the applicable warranty, it will so notify the Customer and no further action will be taken. Alternatively, if Giant determines that the Product is not in compliance with the applicable warranty, it will so notify Customer (and repair or replace, as applicable).
- DISCLAIMER OF OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH in this PARAGRAPH 13 and except to the extent specifically prohibited by law, Giant DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED on all products, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Giant makes no other express warranties and the warranties set forth in this Paragraph 13 supersede any prior representations and understandings regarding the Products, including any warranty arising from course of dealing, course of performance, or usage of trade.
2. SECTION B – TERMS APPLICABLE TO ALL WEBSITE USERS.
“SECTION B” Terms apply to all users of this Website (including Customers that purchase any Products and users that only browse this Website and do not purchase anything).
- Use of Website. This Website is not targeted towards, nor intended to be used by, children under the age of 13. By using this Website, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use this Website. If you are under the age of 18, you may use this Website only with the involvement and supervision of a parent or guardian. Further, you may not make any purchases from this Website unless you are at least 18 years old.
- Website Content; License to Use Website. Unless otherwise indicated on this Website, this Website and all content and materials therein, including but not limited to the Giant logo and all designs, text, graphics, pictures, information, images, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Website Content”) are the proprietary property of Giant or its affiliates, licensors, suppliers or users and are protected by United States and international copyright laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferrable license to access and use this Website and this Website Content solely for your personal, non-commercial use.
- Restrictions on Use of this Website. You agree that you will access and use this Website and this Website Content only in a lawful manner and only in accordance with these Terms. You may not sublicense, assign, transfer or encumber any part of your rights to use this Website or this Website Content. This license excludes any resale or commercial use of this Website or this Website Content. We may revoke your access and use of this Website at any time (including if you violate these Terms), and nothing herein constitutes a representation that this Website will be available to you for your access or use. Giant reserves the right to modify or discontinue, temporarily or permanently, this Website or any of its features or portions thereof (including this Website Content) without prior notice. You agree that Giant will not be liable for any modification, suspension or discontinuance of this Website or any of its features or any part thereof. Additionally, you agree that you will not (and the above-referenced license above excludes your ability to): (i) gain access, or attempt to gain access, to any portion of this Website, or any systems or networks connected to this Website, by hacking, password mining or any other illegitimate or unlawful means; (ii) create or maintain any link from another site to any page on this Website without Giant’s prior written consent; (iii) run or display this Website (or any Website Content) in frames or through similar means on another site, application or location, without Giant’s prior written consent; (iv) engage or attempt to engage any resale of this Website or Website Content; (v) collect or use any Product listings, pictures or descriptions; (vi) modify or make any derivative use of this Website Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose; (vii) use data mining, robots, or similar data gathering and extraction tools; (viii) create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of this Website, or otherwise interfere with users’ enjoyment of this Website; (ix) transmit or upload to this Website any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of this Website or adversely affect a user; (x) submit to this Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use this Website to transfer or store illegal material; or (xi) access or use this Website or this Website Content in any manner which would violate any applicable local, state, federal or international laws. Without limiting the foregoing, any use of this Website in violation of the foregoing, or other improper use, without Giant’s prior written consent is strictly prohibited and will automatically terminate the above-referenced license. Any such improper or unauthorized use may also violate applicable laws (including but not limited to copyright, trademark and other applicable laws). Subject to the above-referenced limited license, nothing in these Terms shall be construed as conferring any license to intellectual property rights. The above-referenced license is revocable at any time by Giant for any reason whatsoever.
- User Content; User Areas. This Website may include product reviews, discussion forums, blogs or other interactive features or areas (collectively, “User Areas”), in which you or other users can create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on this Website, or publish content and other information through your social media accounts (e.g., Twitter™, Instagram™, Pinterest™, FaceBook™), such as your name, social media handle, accompanying text, and any images, all of which you allow Giant to feature on this Website (collectively, “User Content”). All User Content is publicly-viewable by any user using or accessing this Website. When posting User Content, you agree to contribute responsibly, to treat others with respect, and to adhere to these Terms.
- User Content. By using or accessing any User Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish, send or submit any User Content that (i) contains, or provides links to, obscene, profane, harassing, inflammatory, or threatening language, viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam,” or any material that could be considered harmful, sexually explicit, pornographic, suggestive, indecent, lewd, violent, abusive, or degrading; (ii) violates the rights of any party or that would otherwise create liability or violate any local, state, national or international law; (iii) may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent; (iv) infringes on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (v) displays, describes or encourages usage of any Product in a manner that could be offensive, inappropriate or harmful to Giant or any user or consumer or that is contrary to any instructions or warnings relating to such particular Product; (vi) that, in the sole judgment of Giant, restricts or inhibits any other person from using or enjoying this Website or which may expose Giant or its users to any harm or liability of any type. By posting User Content to or through this Website, you represent and warrant that (a) such User Content is non-confidential; (b) you own, control or otherwise have the necessary rights, title and interest in and to the User Content to use and post such User Content to this Website and to grant Giant the accompanying rights with respect thereto; (c) the User Content is neither inaccurate, misleading nor harmful in any manner; and (d) the User Content, and your use and posting thereof on this Website, do not and will not violate these Terms or any applicable law, rule or regulation.
- License. For any User Content you submit, you grant to Giant a nonexclusive, sublicensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without acknowledgment or compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Giant the right to include the name provided along with the User Content submitted by you; provided, however, Giant is not obligated to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this Paragraph 5. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
- User Conduct. You agree that you are solely responsible for your User Content and for your use of such User Areas, and that you are using the User Areas at your own risk. except to the extent specifically prohibited by law, Giant is not responsible or liable for the conduct of, or your interactions with, users of this Website (whether online or offline), nor is Giant responsible or liable for any associated loss, damage, injury or harm; Giant takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Giant liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter; and you agree to indemnify Giant for all claims resulting from any User Content you submit.
Giant encourages its users to report User Content that violates these Terms (by contacting Giant at (800) US-Giant). Enforcement of the Terms, however, is at Giant’s sole discretion and the absence of enforcement of these Terms in certain instances does not constitute a waiver of our right to enforce the Terms in other instances. Although Giant has no obligation to monitor any User Content on this Website, Giant reserves the right and has absolute discretion to monitor, alter, remove, edit, or refuse to post or allow to be posted any User Content on this Website, or to disclose any User Content and the circumstances surrounding its transmission to any third party, in each case, at any time and for any reason without notice.
Any use of this Website in violation of these Terms may result in, among other things, termination or suspension of your rights to use the User Areas and/or this Website.
- Trademarks. “GIANT”, the Giant logo and other product or service names, logos or slogans that may appear on this Website are trademarks or registered trademarks of Giant and its affiliates, licensors and suppliers and as the exclusive property of Giant and its affiliates, licensors and suppliers may not be copied, imitated or used, in whole or in part, without the prior written permission of Giant or the applicable trademark holder. In addition, the look and feel of this Website, including the design, arrangement and collection of this Website Content, and all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Giant and may not be copied, imitated or used, in whole or in part, without Giant’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Giant. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Giant’s intellectual property or the look and feel of this Website without the express written consent of Giant or such third party owner.
- INDEMNIFICATION. Except to the extent specifically prohibited by law, you agree to forever indemnify, defend and hold Giant harmless from and against any claims, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees and expenses and reasonable expert witness fees and expenses) arising from of or related to any violation by you of any of these Terms.
- AS-IS WEBSITE; ASSUMPTION OF RISK; LIMITATION OF LIABILITY. This Website and this Website Content are provided on an “AS IS” and “WITH ALL FAULTS” (without representations, warranties or conditions of any kind, either express or implied), and GIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED on this Website AND WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Giant does not represent or warrant that this Website is accurate, complete, reliable, current or error-free. Giant does not represent or warrant that this Website or its servers are free of viruses or other harmful components.
EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, IN NO EVENT SHALL GIANT BE LIABLE FOR special, punitive, indirect, incidental or consequential damages, including without limitation, liability for loss of use, loss of profits, loss of Product, DIMINUTION IN VALUE, LOSS OF DATA or business interruption, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, however the same may be caused (including the fault or negligence of Giant OR OTHERWISE), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM OR RELATING TO YOUR RELIANCE ON ANY INFORMATION ON THIS WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE OF THIS WEBSITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, ACTS OF THIRD PARTIES BEYOND GIANT’S CONTROL, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR OTHERWISE). EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GIANT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS WEBSITE EXCEED ANY COMPENSATION YOU PAY TO GIANT FOR ACCESS TO OR USE OF THIS WEBSITE.
- Governing Law. These Terms shall be construed (both as to validity and performance) and enforced in accordance with the substantive laws of the State of California applicable to agreements made and to be performed wholly within such jurisdiction (notwithstanding any choice of law principles, statutes or rules to the contrary). Any rule of law or any legal decision that would require interpretation of any ambiguities in these Terms against the party that drafted it, is of no application and is hereby expressly waived. These Terms shall be interpreted in a reasonable manner.
- Jurisdiction. Any action or proceeding arising in connection with or relating to the matters covered by these Terms shall be litigated only in the state and federal courts located in the County of Ventura, State of California (and such courts shall have in personam jurisdiction and venue over such party for the purpose of such litigation). You hereby (i) expressly and knowingly waive any right you may have to assert the doctrine of forum non conveniens or otherwise object to venue, (ii) stipulate to in personam jurisdiction in California, and (iii) agree to accept service of process by registered or certified mail. Notwithstanding this, you agree that Giant shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Notwithstanding the foregoing and regardless of any statute or law to the contrary, you must file any claim or action related to these Terms within one (1) year after such claim or action accrued; otherwise, you will have waived the claim or action.
- Entire Agreement. These Terms constitute the entire legal agreement between you and Giant and govern your use of this Website, and supercede all prior or contemporaneous agreements, representations, warranties and understandings between you and Giant.
- Severability. These Terms shall be severable in the event that any of the provisions hereof are held to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law.
- Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
- Failure to Act is Not a Waiver. Giant’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if Giant does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Giant has the benefit of under any applicable law), this will not be taken to be a waiver of Giant’s rights and that those rights or remedies will still be available to Giant.
- Third Party Beneficiaries. You acknowledge and agree that any other entities controlled by Giant or under common control with Giant shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or rights in favor of) them. Subject to the foregoing, (a) there are no third party beneficiaries to the Terms and (b) these Terms are not intended to and shall not confer any right or benefit on any third party.
- Exclusivity. The parties’ rights, liabilities, responsibilities and remedies with respect to the Products shall be exclusively those expressly set forth in these Terms. The waivers, releases, limitations on liability and on remedies expressed in these Terms shall apply even in the event of the default, negligence, breach of contract, strict liability, of the party released or whose liability is limited and shall extend to their directors, officers, and employees.