1. Overview:
Welcome to Top Giant, Inc. The following are terms and conditions which are intended to constitute a binding license agreement that conditions your use of this site and our services (“Agreement”). By accessing, browsing, or using topgiant.com (“website”), you acknowledge that you have read, understood, and agree to these terms. If you do not wish to be bound by this Agreement after you have read it, please leave the website. If you remain at this site, or return thereafter, you agree to be bound by this Agreement.
2. Limited License: The website and all content on the website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used for the creation of derivative works without obtaining the express written authorization of Top Giant, Inc. (which may be requested by emailing topgiantlegal@gmail.com). Top Giant, Inc. grants user a non-exclusive license to use our content (“Content”), but the license is only applicable while user is accessing this site. Except as provided above, all rights are reserved. Commercial use of any of the Content is strictly prohibited. Use of Top Giant’s trademarks, slogans, decals, images, metatags and html code is strictly prohibited. You may not display this website in frames (or any of the content via in-line links) without the express written permission of Top Giant, Inc. (which may be requested by emailing topgiantlegal@gmail.com). Nothing in this Agreement shall be construed to grant you a license to use any trademarks, service marks or logos owned by Top Giant, Inc. or any third-party.
3. Content Submitted
By using Top Giant’s services, including free services, you grant Top Giant, Inc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, publicly perform, and analyze any information you submit to Top Giant. Additionally, user shall have no recourse against Top Giant, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in any communications or submissions to Top Giant, Inc.
4. General Disclaimer:
Information on the website is not guaranteed to be correct, current, or complete and website may contain technical inaccuracies or typographical errors. Top Giant, Inc. assumes no responsibility for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services or other matters described in this site.
5. Indemnification/Waiver of Certain Rights
You understand and agree that you are personally responsible for your actions. Top Giant does not, and cannot, assume liability for any acts of third parties that take place at this site or as a result of information found on this site. As such, you agree to indemnify, defend and hold harmless Top Giant, Inc., its subsidiaries, affiliated companies, joint ventures, business partners, directors, contractors, licensors, employees, agents, any third-party service providers and any third-party information providers to the website from, and against, all claims, losses, expenses, damages and costs. This includes, but is not limited to, direct, incidental, consequential, exemplary and indirect damages as well as attorney’s fees that result from, or arise from, your use, misuse or inability to use website, content or any violation of Agreement by you. I agree to begin my 30-day trial membership with Top Giant. If I don't cancel my membership within the 30-day trial period, I will be billed $59.00 for each month that I continue my membership. I may cancel my trial membership at any time.
6. Complaint Procedure
If you believe that website contains Content that violates or infringes on any right, patent, trademark or service mark that you own, we ask that you promptly notify Top Giant by email at: topgiantlegal@gmail.com. You must use this address to ensure your complaint is received and handled by the appropriate department. To respond fully, please include as much detail in your complaint as possible. This includes: (1) the item you are complaining about, (2) the nature of the right infringed upon or violated (this includes providing registration numbers for trademarks or patents), (3) all facts that you believe show a right has been violated or infringed upon (4) the precise location and website address of the item you are complaining of, (5) your contact information
7. Investigation/ Limitation of Liability
You agree that Top Giant, Inc. has the right, but not the obligation, to investigate any complaint received. By reserving this right, Top Giant, Inc. does not undertake any responsibility to investigate complaints or to remove, disable, modify or restrict access to, or the availability of, content. Top Giant supports free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient.
8. Digital Millennium Copyright Act Compliance
Top Giant, Inc. complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any site on the topgiant.com network, please contact our agent. It is Top Giant, Inc.’s policy to terminate, in appropriate circumstances, the access of repeat infringers.
9. Prohibited Use
You are prohibited from using website in violation of any security protections implemented by Top Giant, Inc., which may include, but is not limited to: (1) use of website to transmit unsolicited email, send unsolicited email, or try to gain email access of anyone whose email address includes the domain name used on website, use of Top Giant’s name as a pseudonym return email address, or use of Top Giant’s name as a pseudonym send email address for any communications that you transmit from another location or through another service; (2) you may not use someone else’s identity when using this site; (3) you may not attempt to scan, probe or test the vulnerability of website’s service, or any associated system or network; you may not breach security or authentication measures without proper authorization; (4) you are not allowed to interfere with, or attempt to interfere with service to any user, host or network, by submitting a virus to website or service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or by other means or (5) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to any perceivable form, any of the source code used by website or service. Any of the above listed violations, or other violations to our system or network security, may subject you to civil and/or criminal liability.
10. Disclaimer of Warranties
USE OF THIS SITE IS AT YOUR SOLE RISK. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL MATERIALS, INFORMATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, TOP GIANT, INC. MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT YOU MAY BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NON-BINDING EXPRESSIONS OF POLICY. IN THE EVENT OF ANY CONFLICT BETWEEN ANY OTHER SECTION OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
11. Modifications
Top Giant may, from time to time, update these Terms and Conditions. You agree that Top Giant, Inc. may modify the terms of the Agreement at its sole discretion and without advanced notice. Any part of Agreement, website or content may be changed at any time, for any reason, and at the sole discretion of Top Giant, Inc.
12. Dispute Resolution/Jurisdiction
Website is hosted on several different servers located in California and is intended to be viewed by residents of the United States. All disputes arising out of, or relating to, the Agreement or Top Giant’s operation of website, shall be resolved by binding arbitration in the city of Newport Beach, California, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by, and construed in, accordance with the laws of the State of California and the United States as applied to transactions entered into, and to be performed wholly within California, between California residents. However, you agree that Top Giant, Inc. shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of Agreement against you pending a final determination in arbitration.
13. Contact Information
In the event of any perceived errors, whether made by you ("the client") or by Top Giant, Inc. you may contact Customer Service at 775-298-4890. You may also send us mail at 297 Kingsburry Grade Suite 100, Lake Tahoe, NV 89449-4470
14. Acknowledgment
BY USING THIS SERVICE OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
Welcome to Top Giant, Inc. The following are terms and conditions which are intended to constitute a binding license agreement that conditions your use of this site and our services (“Agreement”). By accessing, browsing, or using topgiant.com (“website”), you acknowledge that you have read, understood, and agree to these terms. If you do not wish to be bound by this Agreement after you have read it, please leave the website. If you remain at this site, or return thereafter, you agree to be bound by this Agreement.
2. Limited License: The website and all content on the website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used for the creation of derivative works without obtaining the express written authorization of Top Giant, Inc. (which may be requested by emailing topgiantlegal@gmail.com). Top Giant, Inc. grants user a non-exclusive license to use our content (“Content”), but the license is only applicable while user is accessing this site. Except as provided above, all rights are reserved. Commercial use of any of the Content is strictly prohibited. Use of Top Giant’s trademarks, slogans, decals, images, metatags and html code is strictly prohibited. You may not display this website in frames (or any of the content via in-line links) without the express written permission of Top Giant, Inc. (which may be requested by emailing topgiantlegal@gmail.com). Nothing in this Agreement shall be construed to grant you a license to use any trademarks, service marks or logos owned by Top Giant, Inc. or any third-party.
3. Content Submitted
By using Top Giant’s services, including free services, you grant Top Giant, Inc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, publicly perform, and analyze any information you submit to Top Giant. Additionally, user shall have no recourse against Top Giant, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in any communications or submissions to Top Giant, Inc.
4. General Disclaimer:
Information on the website is not guaranteed to be correct, current, or complete and website may contain technical inaccuracies or typographical errors. Top Giant, Inc. assumes no responsibility for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services or other matters described in this site.
5. Indemnification/Waiver of Certain Rights
You understand and agree that you are personally responsible for your actions. Top Giant does not, and cannot, assume liability for any acts of third parties that take place at this site or as a result of information found on this site. As such, you agree to indemnify, defend and hold harmless Top Giant, Inc., its subsidiaries, affiliated companies, joint ventures, business partners, directors, contractors, licensors, employees, agents, any third-party service providers and any third-party information providers to the website from, and against, all claims, losses, expenses, damages and costs. This includes, but is not limited to, direct, incidental, consequential, exemplary and indirect damages as well as attorney’s fees that result from, or arise from, your use, misuse or inability to use website, content or any violation of Agreement by you. I agree to begin my 30-day trial membership with Top Giant. If I don't cancel my membership within the 30-day trial period, I will be billed $59.00 for each month that I continue my membership. I may cancel my trial membership at any time.
6. Complaint Procedure
If you believe that website contains Content that violates or infringes on any right, patent, trademark or service mark that you own, we ask that you promptly notify Top Giant by email at: topgiantlegal@gmail.com. You must use this address to ensure your complaint is received and handled by the appropriate department. To respond fully, please include as much detail in your complaint as possible. This includes: (1) the item you are complaining about, (2) the nature of the right infringed upon or violated (this includes providing registration numbers for trademarks or patents), (3) all facts that you believe show a right has been violated or infringed upon (4) the precise location and website address of the item you are complaining of, (5) your contact information
7. Investigation/ Limitation of Liability
You agree that Top Giant, Inc. has the right, but not the obligation, to investigate any complaint received. By reserving this right, Top Giant, Inc. does not undertake any responsibility to investigate complaints or to remove, disable, modify or restrict access to, or the availability of, content. Top Giant supports free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient.
8. Digital Millennium Copyright Act Compliance
Top Giant, Inc. complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any site on the topgiant.com network, please contact our agent. It is Top Giant, Inc.’s policy to terminate, in appropriate circumstances, the access of repeat infringers.
9. Prohibited Use
You are prohibited from using website in violation of any security protections implemented by Top Giant, Inc., which may include, but is not limited to: (1) use of website to transmit unsolicited email, send unsolicited email, or try to gain email access of anyone whose email address includes the domain name used on website, use of Top Giant’s name as a pseudonym return email address, or use of Top Giant’s name as a pseudonym send email address for any communications that you transmit from another location or through another service; (2) you may not use someone else’s identity when using this site; (3) you may not attempt to scan, probe or test the vulnerability of website’s service, or any associated system or network; you may not breach security or authentication measures without proper authorization; (4) you are not allowed to interfere with, or attempt to interfere with service to any user, host or network, by submitting a virus to website or service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or by other means or (5) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to any perceivable form, any of the source code used by website or service. Any of the above listed violations, or other violations to our system or network security, may subject you to civil and/or criminal liability.
10. Disclaimer of Warranties
USE OF THIS SITE IS AT YOUR SOLE RISK. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL MATERIALS, INFORMATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, TOP GIANT, INC. MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT YOU MAY BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NON-BINDING EXPRESSIONS OF POLICY. IN THE EVENT OF ANY CONFLICT BETWEEN ANY OTHER SECTION OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
11. Modifications
Top Giant may, from time to time, update these Terms and Conditions. You agree that Top Giant, Inc. may modify the terms of the Agreement at its sole discretion and without advanced notice. Any part of Agreement, website or content may be changed at any time, for any reason, and at the sole discretion of Top Giant, Inc.
12. Dispute Resolution/Jurisdiction
Website is hosted on several different servers located in California and is intended to be viewed by residents of the United States. All disputes arising out of, or relating to, the Agreement or Top Giant’s operation of website, shall be resolved by binding arbitration in the city of Newport Beach, California, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by, and construed in, accordance with the laws of the State of California and the United States as applied to transactions entered into, and to be performed wholly within California, between California residents. However, you agree that Top Giant, Inc. shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of Agreement against you pending a final determination in arbitration.
13. Contact Information
In the event of any perceived errors, whether made by you ("the client") or by Top Giant, Inc. you may contact Customer Service at 775-298-4890. You may also send us mail at 297 Kingsburry Grade Suite 100, Lake Tahoe, NV 89449-4470
14. Acknowledgment
BY USING THIS SERVICE OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
All Rights Reserved © 2012 Top Giant.
Terms & Conditions
Terms & Conditions
