Terms of Service

This is a binding legal contract that applies to anyone who visits the websites www.gigway.com or www.punchcard.com. (“Site”) and/or uses any of our products and services (“Services”).  If you do not agree to all of these terms, please do not use the Site or the Services.  By accessing the Site or using any Services, you are agreeing to be bound by thIS Agreement, as defined below.   

1. Our Agreement.

In addition to these terms, your agreement with Gigway, Inc. (“Gigway”) also includes the specific additional terms that apply to any Services you use. Throughout the Site and in all of our documentation, whenever we refer to the “Agreement” we mean these terms and the applicable additional terms, including:

End User License Agreement: Use of our software product is subject to an End User License Agreement, located here.

Privacy Policy. Use of our Site and Services is subject to our Privacy Policy, located here.

2. Changes. We are constantly developing our Site and Services.  This means that we may change or discontinue either or both without notice or liability to you.  We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the information accessible using the Services. Where appropriate, we will endeavor to update information accessed using the Services on a timely basis, but shall not be liable for any delay or inaccuracies related to such updates.  In addition, we may change all or part of the Agreement at any time, including these terms.  We may make changes by posting the changed terms on the Site.  Your continued use of the Site and/or our Services will constitute acceptance of the changed terms. 

3. Third Party Services and Links. Gigway may offer its Services through applications using other platforms (“Gigway Applications”), such as Facebook Connect and your mobile device.  You agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or profile information may be communicated to us via the Gigway Applications.  Gigway may also enable access to third party information, services, content and web sites (collectively, "Third Party Services") via the Services, such as those of its merchant partners. You acknowledge and agree that Gigway is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect of such Third Party Services.  you are responsible for compliance with all terms and all applicable laws with respect to such Third Party Services.  Gigway disclaims any responsibility resulting from your viewing or using of any Third Party Services and You hereby waive any legal claim you might have against Gigway with respect to such Third Party Services.  Without limiting the foregoing, for further clarity, Gigway does not control the content, services or product offerings of merchants whose Third Party Services are visible via Gigway Services.   

4. Things You Cannot Do.

  1. Give false or misleading information to us or anyone else in connection with your use of the Site or the Services, including giving false information in your account registration.  You are entirely responsible for all content that you upload, post or otherwise transmit via the Site.
  2. Do anything that smacks of bad online citizenship, such as use our Services for spam or attempt to reverse engineer or hack into our systems.
  3. Access or scrape the Site or the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute. 
  4. Copy, modify, create derivative works from or distribute any content from the Site; or copy, display or use our trademarks in any way; or use the Site for any purpose not explicitly authorized in the Agreement. 
  5. Link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or present or redistribute content from the Services, except as provided authorized by Gigway.
  6. Not use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use.
  7. Anything we ask you not to do.

5. Third Party Trademarks and Content Trademarks. Certain of the product and service names used in this Agreement and the Software or Services may constitute trademarks of Gigway or third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.

6. Gigway's Rights. Gigway retains all right, title and interest in the Site and the Services, including all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You agree that the Site and Services contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright laws, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted uses of the Services.  Except for rights expressly granted in the Agreement, nothing grants you any right, title or license. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

7. Third Party Trademarks and Content. Use of any third party trademark or third party content on the Site does not constitute affiliation with or endorsement of these third parties.  Nothing in the Agreement grants you any license to third party trademarks or content, which remain the property of their respective owners.

8. Indemnity, Disclaimers and Limits on Liability

  1. You will indemnify, defend, and hold harmless Gigway, its affiliates, officers, directors,  shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Site and the Services or any failure to comply with this Agreement. Gigway reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  2. Gigway PROVIDES THIS SITE AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. Gigway SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SERVICES.  Gigway MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES Gigway MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Gigway SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
  3. IN NO EVENT WHATSOEVER SHALL Gigway, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE OR THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. Gigway NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE OR THE SERVICES. If, notwithstanding the other provisions of these Terms of Use, Gigway is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any SERVICES, Gigway’s liability shall in no event exceed the greater of (1) the total of any fees paid BY YOU TO Company in the six months prior to the date THE CLAIM IS ASSERTED FOR ANY SERVICE or feature on the Site RELEVANT to the CLAIM, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.  GIGWAY'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

9.General

  1. We do not want to receive information that is confidential or proprietary.  If you send us suggestions, content or ideas of any kind, including potential improvements to the Site and/or Services, we may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution to you.
  2. This Agreement will not be construed against either party as the drafter. 
  3. In the Agreement, the word “including” always means “including but not limited to” unless a particular sentence says otherwise.
  4. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Site and the Services.
  5. As stated above, the Agreement includes the Terms and any additional terms you enter into.  The Agreement is the entire agreement between you and Gigway and it replaces any other agreement between us on this subject.  Aside from our right to make changes, any amendments to the Agreement must be in a writing signed by both parties.
  6. You cannot assign the Agreement without our written agreement.  We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
  7. The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Site or Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next.  Excluding claims for equitable relief, if the total amount in dispute is less than $5,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class of collective arbitrations even if the arbitration procedures or rules would.  The arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
  8. If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement.  A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.   

Gigway, Inc., 130 W. Union Street, Pasadena, CA 91103 

December 20, 2011