Terms of service
Thanks for using GigX! 13th Shoebox Ventures, LLC DBA GigX (referred to herein as “GigX", "we", or "us") has developed a suite of web-based applications provided as "Software as a Service" to allow people to create profiles to be discovered online by other people seeking their skill set (the "Service").
GigX is willing to make the Service available to you under these terms and conditions. By clicking "I Agree" or “Login" or “Log In” you acknowledge and agree that the following terms and conditions will become binding on you. Any access or use of the Site or Service constitutes acceptance of these terms and conditions by you. If you do not agree to these terms and conditions do not click "I Agree" or "Login" or “Log In”, in which case you will not be permitted to access or use the Site or Service.
The Site and Services
The Service is provided through an access restricted website and related databases and servers (collectively, the “Site”). You may only use the Service and access the Site for the personal purposes of the Customer.
You acknowledge that the Service and the Site contain valuable trade secrets of GigX and its suppliers. Accordingly, you agree not to: (i) upload, post, transmit, or otherwise make available to the Service any data, information, content, or other material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, or ethnically objectionable; (ii) impersonate any person or entity, including, but not limited to, a GigX employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) modify, adapt, alter, translate, or create derivative works of the Service or the Site; (iv) create Internet "links" to the Service or "mirror” any data, information, content, or other material of GigX that is provided to you through the use of the Services; (v) build a product or service using similar ideas, features, functions, or graphics of the Service, (vi) sublicense, resell, rent, lease, transfer or assign the Service or its use, or offer the Service on a time share basis to any third party; (vii) merge the Service or the Site with other software or data; (viii) reverse engineer, decompile, or disassemble the Service or the Site; or (ix) otherwise attempt to derive the source code for the Service or the Site or attempt to gain access to any underlying code used to implement or deploy the Service or the Site.
At any time GigX may without notice make changes to the Site or to the Service.
User Provided Information
Except as otherwise agreed to between GigX and the Customer, any data, information, content, or other material you upload to the Site or otherwise make available via the Service shall not be considered your confidential or proprietary information, and GigX will be free to use, copy, modify, create derivative works of, store, and process such data, information, content, and material without restriction and to make the same available to any third party for any purpose.
To the extent you provide GigX with any suggestions, ideas, enhancement requests, recommendations or feedback regarding the Service or the Site, GigX otherwise conceives of or creates any ideas, enhancements, improvements, or modifications to the Service or the Site (collectively, "Feedback and Improvements”), GigX will be free to use, disclose, commercialize, and exploit such Feedback and Improvements without any restriction.
The Service and the Site and all intellectual property rights therein are the exclusive properties of GigX and its suppliers. All rights in and to the Service and the Site not expressly granted to you are reserved by GigX and its suppliers. There are no implied licenses granted to you. We may monitor the usage of the Service and Site and may collect and/or generate data and information relating to your use of the Service and Site ("Collected Data”). Except as otherwise agreed to between GigX and the Customer, all Collected Data will be owned by us and may be used, disclosed, commercialized, and exploited by us without any restriction.
GigX makes no representations or warranties directly to you with respect to the Site or Service or your usage thereof. Any representations or warranties with respect to the Site or Service (if any) have been provided by GigX solely to the Customer. You are not entitled to rely on any such representations or warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICE, AND ANY INFORMATION PROVIDED HEREFROM ARE PROVIDED TO YOU ON AN "AS IS" AND "WITH ALL FAULTS" BASIS. GIGX MAKES NO GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION PROVIDED BY OR THROUGH THE SITE OR SERVICE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING USE OF THE SITE OR SERVICE OR ANY INFORMATION PROVIDED HEREFROM, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND ALL IMPLIED INDEMNIFICATIONS.
GigX shall not be liable to you in any way with respect to the Service or your usage of the Site or Service. If liability of any kind arises relating to the Site or Service, GigX shall be liable (if at all) to the Customer. You may not make any claims of any kind against GigX directly, and hereby waive any and all claims of any kind you may have with GigX arising out of your use of (or inability to use) the Site or Service and agree to hold GigX harmless from the same. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SITE AND SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIGX SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, OR INFORMATION PROVIDED HEREFROM, INCLUDING ANY LOSS OF USE, LOST DATA OR SOFTWARE, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, EVEN IF GIGX HAS BEEN INFORMED OF THE POSSIBILITY OR EXISTENCE THEREOF.
IF FOR ANY REASON THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD UNENFORCEABLE OR INAPPLICABLE, THE TOTAL AGGREGATE LIABILITY OF GIGX IF ANY, FOR DAMAGES TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Certain countries or states do not allow the disclaimer of certain warranties or the limitation or exclusion of liability, so the above disclaimers and limitations/exclusions may not apply to you in their entirety.
Any dispute between you and GigX with respect to the service or your usage of the Site or Service will be resolved in accordance with any and all dispute resolution procedures outlined in GigX’s agreement with the Customer, including, without limitation, all arbitration, venue, jurisdiction, and governing law terms and conditions agreed to between GigX and the Customer, all of which are binding on you.
GigX reserves the right to change these terms and conditions in its sole discretion, which changes will be binding on you the next time you use the Site or Service. Your continued use of the Site or Service will constitute acceptance of any such changes.
Further Terms and Condition of Use of GigX (www.GigX.com)
- The information contained in the GigX website www.GigX.com (hereinafter “GigX”) is provided as a free service to those seeking to hire Fractional CxOs, and to the Internet community as a whole.
- It is our hope that you will benefit by the free information provided on GigX. By using GigX, and accessing the information provided on the website, you signify your agreement to these Terms and Conditions of Use.
- Any visitor, or user, who does not fully, completely and unconditionally accept and agree to Terms and Conditions of Use, as outlined below, is not authorized to use or view any information contained in the GigX website.
Copyright Materials of GigX
- Unless otherwise expressly stated, all materials, including photos, streaming audio, icons, databases, html and programming codes, images, metatags, designs, icons, and written and other materials that are part of GigX, are the copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by 13th Shoebox Ventures, LLC. DBA GigX.
- Information contained in this website is not public domain but is the private property of GigX.
- No material from GigX may be copied, distributed, modified, reproduced, republished, uploaded, or transmitted in any way, unless it is otherwise expressly permitted by GigX.
- One copy of the materials may be printed or downloaded on any single computer for your personal, non-commercial use only, to use to retain a Fractional CxO, provided all copyright and GigX proprietary notices are included as indicated.
- Use of Fractional CxO curriculum vitae or resumes (“CV”) on GigX without the executive’s express permission for designation, or to get a competitive advantage in hiring, is strictly prohibited.
- Unauthorized reproduction of data, alteration of data or files, and any unauthorized attempt to access managerial areas of GigX is strictly prohibited.
Prohibition against Solicitation of Fractional CxOs Listed On GigX
- Visitors to GigX are invited to search for a Fractional CxO, and to evaluate the experience, background, and qualifications of those Fractional CxOs for the visitors’ consultation, retention, and/or designation.
- Solicitation of any of the Fractional CxOs listed on GigX in any fashion for any other reason other than for consultation, retention, or designation is strictly prohibited. This prohibition includes, but is not limited to, contacting those Fractional CxOs listed on GigX by email, phone, text, fax, or any other electronic or personal communication to solicit those executives for other directories, referral services, or similar marketing or advertising services or products.
Uploading Information as Fractional CxO Client of GigX
- GigX provides the opportunity for Fractional CxOs, and others, to upload certain information onto the websites. This includes, but is not limited to, the executive’s contact information, areas of expertise, introductory paragraphs, background information as a Fractional CxO, articles, audio, video, references, areas of expertise and keywords.
- As a Fractional CxO who lists with GigX, during the term of the listing, by uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to GigX, royalty-free, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, or create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed.
- As a client of GigX, you warrant you have the copyright of any articles, or any other materials, you post on the GigX website. You further agree to defend and indemnify GigX for alleged violations of any copyright or other intellectual property claims arising out of your postings.
References to Third Party Products or Services, and Statements by Third Parties
- Any reference made by GigX to any product, service, or process (or provider of the same) by hyperlink, trade name, trademark, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by GigX.
- Any statements, opinions, advice, services, offers or other information expressed or made available by third parties, including Fractional CxOs, are those of the respective persons and do not necessarily reflect those of GigX.
Links to other websites and services
- GigX provides links to other websites and services. However, GigX does not control the availability and content of those outside services and resources.
- Any concerns regarding any such other website or service, linked to or from GigX, should be directed to that third party.
Limit of Liability
- Under no circumstances shall GigX be liable for any damages, including but not limited to compensatory, direct, indirect, special, consequential incidental, business loss, income or profits, or punitive damages, data loss, that may result from the use, or inability to use, the materials, information, or resources on the GigX, or that may arise from any errors, omissions, delays, or interruption of GigX’s service.
Complete Agreement / Choice of Law / Venue
- This is the entire agreement between us relating to the terms and conditions of use of GigX. If any provision of these terms shall be deemed unlawful, it shall be severable, and will not affect the validity of the remaining provisions.
- This agreement cannot be modified except by a subsequent writing, which must be signed by both parties.
- This agreement shall be construed in accordance with California law.
- You agree that any action arising out of these terms or the use of the GigX website shall be filed only in the state or federal courts located in Orange County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Nature of the Information on the GigX Website
- The information contained in the GigX website (www.GigX.com) is provided as a free service to those seeking to hire Fractional CxOs, and to the internet community as a whole.
- The information on the GigX website does not constitute hiring advice.
Disclaimer Regarding the Information on the GigX Website
- GigX has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information. We also make no claims, promises, warranties, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site. The materials on the GigX website are provided "as is."
- All Fractional CxO information which appears on the GigX website has been provided by the Fractional CxOs themselves.
- GigX has not verified the background, qualifications, experience, or business practices of any of the Fractional CxOs listed on GigX, and therefore disclaims any responsibility for the accuracy or completeness of their information and listings on our website.
- GigX does not make any recommendation or referral of any Fractional CxOs listed on the GigX website, and we do not make any suggestion as to their competency.
- Our visitors to our website are cautioned that it is their responsibility to always independently verify the background, qualifications and experience of the Fractional CxOs whose information appears on GigX.
- By downloading, viewing and utilizing information on the GigX website, all visitors assume full responsibility for their own actions and any damages or liabilities that may result from the utilization of information obtained from the GigX website. This assumption of liability includes the consequences of consulting, retaining or designating a Fractional CxO listed on the GigX website.
Questions Regarding this Disclaimer
- Should you have any questions or comments about the GigX disclaimer, please send an e-mail to info@GigX.com
Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
How Do We Use Your Personal Information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: communicate with you; screen our orders for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We also use Device Information to help us retarget messaging to those who may have lost connection with us or stopped short of becoming a customer.
Sharing Your Personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. We use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
- FACEBOOK - https://www.facebook.com/settings/?tab=ads
- GOOGLE - https://www.google.com/settings/ads/anonymous
- BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Do Not Track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 18.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@GigX.com or by mail using the details provided below:
1 League, Suite 62590, Irvine, CA 92602