1. ACCEPTANCE OF TERMS

ShareG, Inc. (“ShareG”) provides the following terms regarding your use of the ShareG website at www.giantprotocol.com (the “Site”) and the telecommunications and financial services provided by ShareG. Each user and customer should read these terms, understand them, and consider printing a reference copy as you use the Site and the associated Services, subject to these Terms of Service (“TOS”). These TOS may be updated periodically without prior notice. You can review the current version of the TOS at:  https://www.giantprotocol.com/tos

As used in these TOS, the term “Services” refers to all of the products and services provided by ShareG to its customers and users; the term “customers” refers to our customers who have purchased or are otherwise authorized to use Services (including all authorized users), the term “users” shall refer to both the users of the ShareG websites and our customers and the term “you” shall refer to you as a user of the Site, APIs or the ShareG Services. The term “Submission” means any post of information, content or a request to the Site or Services.

The TOS constitutes a binding agreement between ShareG and its users and customers (the “Agreement”). Before accessing or using the Site or the Service, users and customers must first agree to by bound by the TOS constituting this Agreement. By accessing or using the Site or the Services you thereby agree to the TOS. The TOS shall apply to all transactions conducted through the Site and the Services (unless the customer has entered into and separate written agreement governing such Services) and users are responsible for compliance with the Agreement. Failure to comply with the TOS may result in account revocation, suspension of service or access and other legal action. The TOS and related documents set forth herein constitute the entire agreement between you and ShareG governing your use of the Site superseding any prior agreements between the parties. You and ShareG agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Jose, California, U.S.A.

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE SITE.

 

  1. DESCRIPTION OF COMPANY AND SERVICES

ShareG is a telecommunications and financial network services platform that provides wireless network internet connectivity services to web and mobile users and partner applications along with various associated financial and economic services.  The Terms of Service is applicable to all Site visitors, registered users, customers and all other users of the Site and Services.

 

  1. ACCEPTABLE USE POLICY

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Site or the Services and to abide by the following requirements and restrictions on the use of the Site and the Services.

 

  1. REPRESENTATIONS AND WARRANTIES

You represent and warrant to ShareG that: (a) you are over the age of seventeen (17) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all applicable laws and regulations and the terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; and (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address and telephone number.

 

  1. ShareG PRIVACY POLICY

Your use of the Site and Services is subject to ShareG’s privacy policy.  For information on ShareG privacy practices, please see the entire privacy policy at http://www.giantprotocol.com/privacy

 

  1. MODIFICATIONS TO THE SITE

ShareG reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice at any time. You agree that ShareG shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

 

  1. LINKS AND THIRD-PARTY SITES

The Site or Submissions may provide links to other web sites or access to resources of other service providers and their online materials.  Such presentation and links are provided for your reference and convenience only and are not intended to imply any endorsement of the materials or services on such websites or provided by such service providers. Because ShareG has no control over such sites and resources, you acknowledge and agree that ShareG is not responsible for the accuracy, completeness, authenticity or availability of such external sites or resources and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that your use and access to other sites and externally provided resources is at your own risk and ShareG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

  1. LIMITATIONS

 

  1. TERMINATION

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason by providing notice to ShareG and you must immediately cease using and accessing the Site and the applicable Services. ShareG may terminate this Agreement and your access to the Site and Services with respect to you or any other third party without notice at any time for any reason. ShareG reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site or Service; (b) suspend your access to or use of all or any portion of the Site or Service; and (c) terminate this Agreement. Upon termination all rights granted in this Agreement will immediately cease to exist and you must promptly discontinue all use.

 

  1. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. SHAREG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES SHAREG MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. SHAREG MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

 

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SHAREG BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICE OR SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.

 

  1. INDEMNIFICATION

You agree to indemnify, hold harmless and defend ShareG, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Site or the Services, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.

 

  1. MISCELLANEOUS

 

  1. COPYRIGHT INFRINGEMENT

If you believe that work belonging to you has been unlawfully copied onto the Site without your permission, please notify ShareG by sending a written notification of claimed infringement to:

ShareG, Inc., Attn: Legal Department; [email protected]

In accordance with the Digital Millennium Copyright Act, your notification must include:

 

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  It is ShareG’s policy to remove any Submission concerning which a notice of claimed infringement has been received and investigate and permanently remove such Submission if deemed appropriate under the circumstances.  Repeat offenders will have access privileges denied and such activity will result in termination of this Agreement. Also, we will notify the user and, if requested, provide the report to the user. Please note that in addition to being forwarded to the user who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be sent to a third-party which may publish and/or annotate it.

If a user of our websites believes that their content was removed or disabled by mistake or misidentification, the Visitor can send us a written counter-notification which includes the following:

 

We will restore the removed or disabled content following 10 business days from the date that we received a proper written counter notification, unless our copyright agent first receives notice that a court action has been filed to restrain the user from engaging in infringing activity related to the removed or disabled content.

 

  1. INTELLECTUAL PROPERTY

Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. ShareG grants you a limited, non-exclusive, worldwide, royalty-free, non-sublicensable license to access and use the Site and the Services in accordance with this Agreement during the term. The Agreement does not transfer from ShareG to you any ShareG or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ShareG.

 

  1. BREACH OF AGREEMENT, REMEDIES AND ARBITRATION

If you fail to abide by these terms or undertake any illegal activity, ShareG may suspend your access and remove, block or restrict any Submission. ShareG may also send an e-mail that informs you that your Submission has been deleted or edited. Repeated inappropriate Submissions may result in your relevant account or accounts being placed into temporary or permanent suspension of your ability to participate in any or all of the areas on the Site.

If you post or send offensive or inappropriate content anywhere on or to the Site or otherwise engage in any disruptive behavior which ShareG considers to be serious and/or repeated, ShareG may use all available information about you to stop any further infringements. This may include informing relevant third parties such as your employer, school, Internet service provider, or law enforcement authorities of the infringement or other illegal activity.

ShareG may cooperate with legal authorities or third parties in the investigation of any suspected or alleged crime or civil wrong. Breach of this TOS may result in the suspension or termination of either access to the Services and your ShareG account or other appropriate actions. When you use the Services, the third-party from whom ShareG has obtained the right to access the applicable wireless connection point at which the Services are being used is an intended third-party beneficiary of this TOS. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.

ShareG reserves the right to delete any Submission, or take action against any account, at any time, for any reason.

You agree that, except as otherwise provided herein, all disputes between you and ShareG (whether or not such dispute involves a third party) will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and the parties hereby expressly waive trial by jury. As an alternative, you may bring a claim in your local “small claims” court if permitted by that court’s rules. Notwithstanding the foregoing, either party may seek emergency injunctive relief by filing for such in accordance with the Governing Law and Venue section 13(c). Further, you may bring claims only on your own behalf. Neither party may participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if ShareG is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either party may elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You may opt out of this agreement to arbitrate. If you do opt out, neither party can require the other to participate in an arbitration proceeding. To opt out, you must notify ShareG in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out: ShareG, Inc. ATTN: LEGAL – Arbitration Opt-Out, [email protected] You must include your name, residence address, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties or arbitration clause contained above is found to be unenforceable or if you opt-out of arbitration then all of the preceding language in this section will be null and void and the Governing Law and Venue section, above, shall control. This arbitration agreement will survive the termination of your relationship with us.