UNCLE GIANT TERMS AND CONDITIONS OF USE
These terms and conditions of use (the “Terms and Conditions”), are between you and Uncle Giant, on behalf of itself and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that it may have now or in the future (collectively, the “Company,” “we,” “our” or “us”). These Terms and Conditions apply to and govern your use of the Internet website or sub-component thereof that is owned and operated by us, or on our behalf, and that links to these Terms and Conditions (the “Website”).
Please read these Terms and Conditions carefully before using the Website or clicking “I AGREE” where applicable. By accessing or using the Website (other than to read these terms and conditions for the first time) you accept and agree to be bound and abide by these Terms and Conditions, which may change from time to time as set forth below. Such changes become effective immediately and if you use or access the Website after they become effective such use or access will signify your agreement to be bound by the changes. You should check back frequently and review these Terms and Conditions regularly so you are aware of the most current rights and obligations that apply to you. If you do not agree to be bound by these Terms and Conditions, do not access or use the Website.
USE OF THE WEBSITE
The Website is provided for your informational and personal use only, and you must be at least 18 years of age; provided that your use of this Website will be subject at all times to these Terms and Conditions. Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions. The Website is administered in the United States and any information you provide will be transferred to the United States. The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. If you are located in the European Union or elsewhere outside of the United States, your use of the Website is at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using the Website, participating in any Website activities or providing us with your personal information, you (a) consent to the transfers and processing of any information you provide to the Website; (b) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (c) understand that the Website will deal with your information in accordance with U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.
You may not use the Website in such a manner as to violate any applicable law or these Terms and Conditions. When using the Website, you agree to comply with applicable federal, state and local laws including, without limitation, intellectual property law. You may not use the Website for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to the Company or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure or virus dissemination.
The Website and included content (and any derivative works or enhancements of the same), including but not limited to all text, illustrations, files, scripts, graphics, photos, logos, music, videos, information, content, materials, products, services, URLs, technology, documentation, interactive features, icons, images, sounds or software (collectively, the “Website Content”) and all intellectual property rights to the same are owned or licensed by us. As between you and the Company, the compilation of the Website Content is the exclusive property of the Company and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own internal, non-commercial use and to purchase Company products. The Company may revoke any of the foregoing rights at any time.
You may not, without the Company’s prior written consent, “mirror,” “frame,” distribute, post, reproduce, publish or otherwise transmit any Website Content contained on this Website on any other server or website. Upon termination of any rights extended hereunder, your right to use the Website will stop immediately, and you must, at our option immediately destroy any downloaded and printed materials. Any unauthorized use of the Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Any use other than that permitted above is strictly prohibited.
All trademarks, service marks, trade names and trade dress that may appear on the Website are proprietary to the Company or are licensed to the Company. Such trademarks, service marks and trade names are protected by applicable trademark law and may not be used in violation of the Company’s or any of its licensors’ rights. Nothing on this Website will be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark displayed on the Website without the prior written consent of the trademark owner. The Company prohibits use of any of its logos or trademarks as a “hotlink” to any non-Company website unless establishment of such link is approved in advance by the Company in writing.
Except for the limited use rights granted to you in these Terms and Conditions, you will not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms and Conditions are expressly reserved.
The Company is committed to respecting and protecting your privacy.
You agree that you will provide true, current, complete and accurate information as requested on any forms provided through this Website. If you are completing any forms or providing any other information on behalf of another entity or an individual, you represent and warrant that you have the authority to provide the information and bind the entity or individual to these Terms and Conditions. You also represent and warrant that you are and will be in compliance with all applicable laws and regulations, including, without limitation, laws and regulations related to the collection, use disclosure and storage of personally identifiable information. We are not and will not be responsible or liable for any errors or delays in responding to any orders, inquiries or other requests caused by any incorrect, outdated or inaccurate information provided by you or any technical problems with the Website.
LINKS TO OTHER SITES
The Website may contain links to other websites. Such links are provided solely as a convenience to you. The Company has no control over, and accepts no liability, obligation or responsibility for, the contents or performance of other websites. Any such link does not constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance or its owner’s products or services. If you decide to access any third-party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
This Website may include functionality that allows integration with third-party sites, such as social network sites. We may allow you to share selected information with those third-party sites, and you may be permitted to export information concerning your use of this Website to such third-party sites. Some of those third-party services may provide us with your information to enhance and personalize your use of this Website. If you submit your credentials (e.g., username and password) for a third-party website or service during your registration for this Website or in connection with updating your user profile, we may receive your information from such third-party website or service.
DISCLAIMER OF WARRANTY
To the maximum extent permitted by law, the materials contained on this Website are provided “as is,” with “all faults” and without warranties of any kind either express or implied. Except as otherwise stated in writing signed by an authorized representative of the company, no warranty whatsoever, express or implied, is given with respect to goods or services depicted, shown or described on this Website or with any Website content. Information regarding the company’s products and services, including their availability, appearance, price and specifications, are subject to change without notice. Such information will not constitute a representation or warranty of any kind. To the fullest extent possible pursuant to applicable law, the company disclaims all warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular use or purpose, title, non-infringement or other violations of rights; and the company does not warrant or make any representations regarding the use, validity, accuracy or reliability of, or the results of the use of, or otherwise respecting, the Website, Website content or any sites linked to this Website.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
You acknowledge and agree that breach of these Terms and Conditions will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, the Company shall be entitled to injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms and Conditions or otherwise.
To the fullest extent possible provided by law, you agree to indemnify and hold harmless the Company, its affiliates, successors, advisors, service providers and licensors, and its/their respective directors, officers, shareholders, employees, service providers and agents (collectively, the “Indemnified Parties”), from and against all losses, expenses, fines, damages and costs, including reasonable attorneys’ fees, resulting from your violation of law or these Terms and Conditions, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third-party claims arising as a result of your use of the Website or reliance upon any information found on the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
LIMITATION OF DAMAGES
TO THE FULLEST EXTENT POSSIBLE PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILLTHE INDEMNIFIED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PRIVACY, LOST DATA OR LOST PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, WHETHER OR NOT THE INDEMNIFIED PARTIES OR A REPRESENTATIVE OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE INFORMATION AVAILABLE ON THIS WEBSITE, OR ANY WEBSITE REFERENCED IN OR LINKED TO BY THIS WEBSITE.
TO THE FULLEST EXTENT POSSIBLE PROVIDED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ LIABILITY ARISING IN CONNECTION WITH THIS WEBSITE OR UNDER THESE TERMS AND CONDITIONS EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS AND CONDITIONS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER LIMITS OR DISCLAIMERS, SO TO THE EXTENT SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS ARE PROHIBITIONS, THE ABOVE DISCLAIMERS, LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any claim relating to, and the use of, this Website and the materials contained herein will be governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without reference to its choice of law rules that would result in the application of the laws of another jurisdiction. Except as set forth in the “Equitable Relief” provision of these Terms and Conditions, and unless prohibited by applicable law, , or unless otherwise agreed to by the parties including in the Privacy Statement, all disputes arising out of or relating to the Terms and Conditions, or the breach hereof, shall be resolved by binding, confidential and final arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and pursuant to the New York Convention. If parties are unable to select an arbitrator, then AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that you may bring claims against Company only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
SAFE HARBOR STATEMENT
At this time Uncle Giant is not publicly traded but acknowledges the following if at the time, Uncle Giant changes this status.
This Website may contain various forward-looking statements and include assumptions concerning the operations, future results and prospects of the Company. These forward-looking statements are based on current expectations and are not guarantees of performance. The statements are subject to risk and uncertainties, which are difficult to predict and beyond the control of the Company. Actual performance and results will be subject to important economic and other factors that could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Many of these risks and uncertainties are identified in the reports the Company files with the Securities and Exchange Commission. Any such forward-looking statements (and any other dated materials) speak only as of the date made and the Company cautions readers not to place undue reliance on them. The Company undertakes no obligation to update any forward-looking statement based upon new information, future events or otherwise.
At such time Uncle Giant may change to a traded company, please note that the stock quote information provided on the Website may be delayed. The Company makes no claims concerning the accuracy of the information provided on these pages and will not be held liable for any use of this information. Note: Historical and current stock price performance data is not necessarily indicative of future performance.
MODIFICATIONS; TERMINATION OF USE
Investor relations and other materials on this Website are provided for convenience only and speak only as of their original date specified therein. Available information may change at any time and may not be reflected on this Website. The Company disclaims any responsibility to update this Website.
Any services and Website Content (including, without limitation, prices, specifications, designs, conditions and product descriptions) offered or posted on the Website are subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, the Company reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any services or Content offered through the Website, at any time and from time to time, regardless of whether such services or Website Content were previously offered at no charge.
We reserve the right to modify any features of the Website at any time without advance notice. We may, in our sole discretion, terminate or suspend access to all or part of this Website (a) for users, for any reason, including failure to comply with these Terms and Conditions, or (b) for anyone, in order to prevent or mitigate harm to the person or property of you, other users of the Website, the Company or third parties, or as required by law.
REVISIONS TO TERMS AND CONDITIONS
The Company may at any time revise these Terms and Conditions by updating this posting. Please review the contents of these Terms and Conditions frequently, as we may amend them from time to time to reflect changes in our services, practices and our policies, including those relating to data privacy. Amendments will become effective when posted on this Website. We will not provide you with a notice of any change to these Terms and Conditions. It is your responsibility to monitor and review any updates.
These Terms and Conditions shall apply to and bind your assignees and successors in interest and those of the Company. This agreement is not assignable by you without the Company’s prior written consent.
The Company may assign this contract at any time to any parent, subsidiary or any affiliated company, or as part of the sale to, merger with or other transfer of the Company, or the assets of users that relate to the Website, to another entity.
The waiver by the Company of any breach or default shall not be deemed a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms and Conditions is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms and Conditions.
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Last Updated: March 18, 2019