Jigantic.com

This Terms of Use Agreement ("Terms of Use") applies to use of the Jigantic.com website located at http://www.Jigantic.com (the "Site"). The Site is the property of Jigantic.com.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITE.

Jigantic.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, Jigantic.com grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Jigantic.com, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Jigantic.com's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Jigantic.com reserves all rights not expressly granted hereunder. Jigantic.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

JIGANTIC.COM, its name, logo, and slogans are registered trademarks, trademarks or service marks of Jigantic.com. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Jigantic.com. All other trademarks or service marks are property of their respective owners. The use of any Jigantic.com trademark or service mark without Jigantic.com's express written consent is strictly prohibited.

2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify Jigantic.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Jigantic.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that Jigantic.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Jigantic.com will not be liable to you or to any third party for termination of your access to the Site.

3. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

4. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express, Discover, Diner's Club, and government credit cards (each of which may be removed by Jigantic.com in its sole discretion). Other forms of pre-payment are also accepted, such as Pre-paid company check, personal check, cashier's check or money order. Please Note: Pre-paid methods, including cashier's checks, take slightly longer to process because all payments must first clear with the bank due to the risk of fraudulent checks. No Purchase Orders, Fax or C.O.D. orders please. Unless expressly set forth on the Jigantic.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You, and not Jigantic.com, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Jigantic.com of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Jigantic.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Jigantic.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Jigantic.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Nevada and any other states or localities that it deems is required.

5. Consent To Our Communication With You By E-Mail. By establishing an Account with us, and each time you make a purchase through our Site, you grant permission for Jigantic.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at newsletter-Opt-Out@Jigantic.com or follow the opt-out procedures set forth in such marketing emails.

6. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (click here to view), you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While Jigantic.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall Jigantic.com or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Jigantic.com was given actual or constructive notice that damages were possible.

7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Jigantic.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Jigantic.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Jigantic.com upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a digital product, as indicated by our servers. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 ( U. S. ) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Jigantic.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

8. Title; Risk of Loss. Jigantic.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier, unless the customer purchases Shipping Insurance for their order. If a Customer does not purchase shipping insurance, and product is lost or does not get delivered, the Customer is responsible for the entire amount. If a Customer does purchase shipping insurance while providing the correct shipping address and the product is lost or does not get delivered, according to the shipping carrier utilized, then Jigantic.com will be responsible for replacing the item, or providing a refund for that item, less the shipping costs incurred and a processing fee of $15 or five (5) percent, whichever is greater. Jigantic.com reserves the right to purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Jigantic.com to sign appropriate documents on Customer's behalf to permit Jigantic.com to protect its purchase money security interest. Title to software will remain with the licensor(s). Jigantic.com will advise Customer of estimated shipping dates, but Jigantic.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

9. Mispriced Products Or Services. Jigantic.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Jigantic.com shall offer the customer the choice of whether to accept the higher price, or cancel the order when a Mispriced Product or Service occurs. Jigantic.com shall have the right to charge the customer the difference between the correct amount and the incorrect amount if the customer does not respond to this request within three (3) business days. Jigantic.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Jigantic.com shall issue a credit to your credit card account in the amount of the charge. To the best of our knowledge, all manufacturer's rebate information displayed on our site is accurate. However, Jigantic.com is not responsible for fulfillment or depiction of manufacturer's rebates.

10. Products, Images, Descriptions. Product images are typically provided to Jigantic.com for use from manufacturers, distributors, and licensing agreements. Jigantic.com matches the best product image available to use at the time for the product displayed. The image displayed is not necessarily the item that is shipped. It is the product’s name (or title) and the description of the product that determines exactly what will be shipped to the customer, not the image, product number, or any other information on the product page. Please read this information carefully prior to making your purchase. If you would like to verify the product prior to shipping, feel free to contact customer service prior to placing your order.

11. Software, Software Licenses. All software is comprised of the physical media, packaging, and the manufacturer’s software license dictating the use of any particular software product. All software provided is subject to the license agreement of the individual software maker. Customer agrees to be bound by any software license agreement that accompanies each software product. Customer agrees that they are solely responsible for determining whether they are eligible to purchase any particular software product prior to their purchase of that software. Customer agrees that they are solely responsible for acquiring or possessing any software that may be a precursor or requirement of the license of the software that they are acquiring. Please keep in mind that most OEM software is intended for system builders only and cannot be transferred to another PC once it is installed. The purchaser of any OEM software is required to comply with the terms of any OEM license for the respective software manufacturer in addition to the individual software license of that particular software title.

12. Modifications to Prices or Billing Terms. Jigantic.com reserves the right, at any time, to change its prices and billing methods for products or services sold. The price changes are effective immediately upon posting on the site or by e-mail delivery to you.

13. Price Comparisons, "List Price", "Retail Price", and “Your Savings”. Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "List Price" and “Retail Price” is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "Your Savings" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.

14. Technical Support. Jigantic.com does not offer technical assistance. We cannot offer advice on compatibility of items, make product recommendations, provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at Jigantic.com. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

15. Indemnification. You agree to indemnify and hold harmless Jigantic.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

16. Disclaimer of Warranties. Jigantic.com is a distributor only. Products sold by Jigantic.com are not manufactured by Jigantic.com. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if present). Jigantic.com assigns and passes through to the customer any warranty of the manufacturer, and customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. Jigantic.com makes no representation or express warranty with respect to the product except those stated in this document. Jigantic.com disclaims all other warranties, express or implied, as to any such product, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance. All items sold through Jigantic.com are sold "as-is" or "with all faults." the entire risk as to the quality and performance of these items is with the buyer. Should any of these items prove defective, do not function, or function improperly in any way following their purchase, the buyer, and not the manufacturer, distributor, or Jigantic.com, assumes the entire cost of all necessary servicing or repair. Additionally, the site, services, content, artwork, data, and information are provided “as-is”.

17. LIMITATION OF LIABILITY. The entire risk arising out of the use of the site, the use of any products and/or services offered on or in connection with the site, and/or the use of any content and/or digital downloads remains with you. in no event shall Jigantic.com or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this terms of use or the use of or inability to use any products, services, content and/or digital downloads, with the delay or inability to use the Jigantic.com site or related services, the provision of or failure to provide products or services, or for any information, software, products, services and content obtained through the site, or otherwise arising out of the use of the Jigantic.com site whether based on contract, tort, negligence, strict liability or otherwise even if Jigantic.com has been advised of the possibility of such damages. Notwithstanding anything else in this Terms of Use or posted on the site, the maximum liability that Jigantic.com shall have is limited to any amounts actually paid to Jigantic.com by end user. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of Jigantic.com. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of this terms of use) that is an essential basis of the bargain between the parties.

18. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:

Jigantic.com Store and Return Policies

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

19. General. No delay or failure to take action under this Terms of Use shall constitute any waiver by Jigantic.com of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of Jigantic.com's permitted successors and assigns. Any claim under these Terms of Use must be brought within ninety (90) days after the cause of action arises. This Terms of Use shall be governed by the laws of the State of Nevada without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Clark County, in the State of Nevada. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. Jigantic.com may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between Jigantic.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

20. Entire Agreement. These terms and conditions, together with Jigantic.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Jigantic.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Jigantic.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.