Terms and Conditions
TERMS AND CONDITIONS
Welcome to GIGA. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these Terms and Conditions, or the Services, please contact us.
These Terms and Conditions apply to and are binding upon you if you use or in any other way interact with the Services. These Terms and Conditions replace any pre-existing Terms and Conditions that appeared on this Website. If you do not agree with these Terms and Conditions, you must not access or use the Services.
API Services enable data exchange between GIGA Applications and Data User applications. Both Import and Export API Services are available to Data Exchange Partners. Access to Our API Services is provided at Our sole discretion. Data Exchange Partners can exchange data with GIGA Applications using any of the following ways:
- Data is pulled from a GIGA Applications by a Data Exchange Partner application;
- Data is pushed to a GIGA Application by a Data Exchange Partner application;
- Data is pulled from a Data Exchange Partner application by a GIGA Application;
- Data is pushed to a Data Exchange Partner application by a GIGA Application.
Connected Data related import/export services
Connected Data related API services provide synchronous, on-demand data exchange allowing Data Exchange Partners to import/export a single aggregated Entity per API call. Connected Data related API Services also provide Data Exchange Partners with access to search related services and search results.
Disconnected Data related import/export services
Disconnected Data related API Services provide asynchronous data exchange. Disconnected Data related API Services allow Data Exchange Partners to import/export multiple aggregated Entities per API call.
Building Standard Software refers to software applications which support building codes and green building programs. Examples include, but are not limited to, LEED Online and the WELL Workstation.
Company refers to an organization which has registered to use GIGA API Services. Each Company may have one to multiple registered users. Only credentialed registered users can access a Company account.
Connected Data refers to data which is exchanged on demand (synchronously) between Data Exchange Partners and GIGA Applications and can be accessed in any of the following ways:
- Data is pulled from a GIGA Application by a Data Exchange Partner application;
- Data is pushed to a GIGA Application by a Data Exchange Partner application;
- Data is pulled from a Data Exchange Partner application by a GIGA Application;
- Data is pushed to a Data Exchange Partner application by a GIGA Application.
- Data Exchange Partners refers collectively to Companies that use Our API Services to exchange data with a GIGA Application. This includes Data Owners and Data Users.
- Data Owners refers to Manufacturers, Reporting Body Companies, RESET Accredited Professionals and other users which create their data in a GIGA Application. Data Owners also refers to Data Exchange Partners and RESET Accredited Software Providers who use Our Import API Services to connect their data to a GIGA Application.
- Data Users refers to Reporting Body Companies, 3rd Party Companies and Data Exchange Partners which consume Our Export API Services.
- Disconnected Data refers to Public Data which is downloaded by Data Users. Disconnected Data is shared asynchronously and requires periodic updates to remain current. Disconnected Data is downloaded by Data User applications in bulk and can be used, reused, reformatted or redistributed at the sole discretion of the Data User. Data Owners cannot track the usage of their Disconnected Data once it has been downloaded by a Data User application.
- Entity refers to a unit of data added by Data Owners that can be classified/organized and has defined relationships to other Entities. The following Entities can be made available to be shared with Data Users at the sole discretion of Data Owners: a material, a certification, or a document. Each Entity can include a set of information. Material Entities refer to texts, images, files, certification details, sustainability and performance attributes, SKUs, tags, contacts, and other structured data. An Entity is represented by a name and an ID.
- Integration Partners refers to Company Users which use GIGA API Services.
- Manufacturer refers to Companies which produce, sell and/or distribute building materials.
- Private Data refers to any content which has not been published by Data Owners.
- Procurement Tools refer to software applications that facilitate the specification and/or purchase of building materials and/or products and related services.
- Public Data refers to any content which has been published by Data Owners.
- Reporting Body refers to Companies which review, audit and/or certify materials, material components and/or material attributes.
- Self-Serve refers to services provided by GIGA which are intended for use without the direct support of GIGA directors, staff or consultants.
TERMS & CONDITIONS FOR USE OF GIGA’S STANDARD SERVICES
GIGA develops cloud-based Applications. That can be used by the general public, or by Registered Users. This document sets forth the general principles upon which we make available GIGA Services to Public and Registered Users. We reserve the right to amend this document from time to time, at our discretion, without notice.
Products and Services provided under the name “GIGA” or “GIGAbase” are provided by GIGABASE Inc., a company incorporated under the applicable laws of Canada and its provinces (all references herein to “We”, “Us”, "RESET", "RESET Cloud", "RESET Standard", “RESET Certified”, “RESET Score”, “Origin”, “Matter”, “GIGA” or “GIGAbase” shall mean GIGABASE Inc.). These Terms and Conditions for use of GIGA’s Standard Services (“Terms and Conditions”) constitute a contract between You, as a user, and GIGA when You use GIGA’s standard provided sites, Services, and Products (“Services”, “GIGA Services”). If You are a paid subscriber to GIGA Products and/or Services please refer to the Terms and Conditions of Use of Your service Agreement.
Please read these Terms and Conditions carefully and contact us at: firstname.lastname@example.org if You have any questions or feedback. By accessing or using the Services, You indicate that you have read, understand and agree to be bound by these Terms and Conditions and related Privacy Policies at all times.
Access to certain Services is only available for use by users who enter into a binding contract with GIGA or Authorized Representatives, and only in compliance with these Terms and Conditions and all applicable laws.
When You create an account, You must provide accurate information to use the Services, in particular, your email address. Failure to do so may result in suspension or termination of Your account.
We recommend that You use strong password to access Your account. You are responsible for safeguarding the password that You use to access the Services and for any activities or actions that occur when Your account is accessed with Your password. GIGA will not be liable for any loss or damage arising from the misuse of Your password.
The Services are optimized for use with the following browser configurations:
- Windows 10 or later: last 2 versions of Chrome, Firefox and Edge;
- Mac OS X 10.15 or later: last 2 versions of Chrome and Firefox;
- Linux: last 2 versions of Chrome and Firefox.
The Services may also work with other browser configurations, however, We recommend that You use one of the above configurations when accessing the Services.
If You create an account on behalf of a company, organization, or other legal entity, then (a) ”You”, the user, include yourself and that legal entity; jointly, and (b) You represent and warrant that You are authorized to bind the legal entity so it agrees to these Terms and Conditions as well.
Some of the Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that We may automatically upgrade those Services, and these Terms and Conditions will apply to such upgrades.
We may, without prior notice, amend, alter, change the Services, cease supply of the Services or features of the Services to You or other users generally, or create usage limits for the Services.
Subject to these Terms and Conditions and related Privacy Policies, We grant You a limited, non-exclusive, non-transferable, and revocable license to use the Services.
2. Your Content
2.1 Uploading Your Content
GIGA allows You to upload content to the Services, including data from sensors, meters and monitors, images, documents, comments, and other materials. Anything that You upload or otherwise make available while using the Services is considered “Your Content”. You retain all rights in, and are solely liable for the accuracy of Your Content that Your upload(s) to the Services. You agree, to the best of Your abilities, to keep Your Content accurate and current.
By uploading Your Content, You represent and warrant that You are the owner of such content, including any intellectual property rights in such content, or that You are authorized by the owner to use it, and that such content is accurate, not misleading, not illegal and does not contain subjective views that may be considered defamatory or disparaging of another person, product or service. If You are in doubt that any content You propose to upload complies with this Section, You shall not upload it.
You agree that GIGA shall have the right to edit, remove or block access to Your Content without notice for any reason, including content that GIGA believes, in its sole discretion, to breach these Terms and Conditions, related Privacy Policies or any applicable laws or regulations.
When You Publish Your Content on GIGA Applications, you agree that it may be viewed by any authenticated or unauthenticated GIGA User. You also agree that Your published Content may be accessed by Integration Partners through GIGA’s Export API Services in accordance with section 4 below.
You further agree to indemnify and hold harmless GIGA against any claims arising from Your Content uploaded by You in breach of these Terms and Conditions and/or applicable laws or regulations.
2.2 How GIGA and other entities can access and use Your Content
At Your sole discretion, You may publish Your Content to the Services. By publishing Your Content, You grant GIGA and other entities an irrevocable, non-exclusive, royalty-free, worldwide license to access, use, store, display Your Content solely for the purposes of operating, developing, providing and using the Services. GIGA may integrate the Services with third party software providers (“Integration Partner/s”). By default, Your account shall be opted-in to share Your Public Data with Integration Partners, at our sole discretion, as Connected and/or Disconnected Data. You may opt out of this default setting at any time, within the Services. You may also revoke sharing Your Public Data with each Integration Partner the Services are connected to. Notwithstanding anything to the contrary, GIGA shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies including, without limitation, information concerning Your Content and data derived therefrom, and GIGA will be free to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other GIGA offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business, and (iii) use such data for the assessment, scoring and benchmarking of products and projects, and (iv) update and/or complete existing public data, and (v) add proxy data to fill data gaps. No rights or licenses are granted except as expressly set forth herein.
2.3 Your Feedback
We value your feedback. Your feedback helps us to optimize the Services for your use. If You provide comments, ideas or other feedback, You agree that GIGA is free to use them without any restriction or compensation to You.
2.4 Termination and Deletion
Where Your account is terminated, deactivated, blocked or You delete in whole or in part Your Content from the Services, We may nevertheless retain Your Content for a commercially reasonable period of time for backup, archival or audit purposes. Furthermore, GIGA, its users and Data Exchange Partners may retain copies of and continue to use, store, display, and/or re-post any of Your Content that has been shared with Your consent, through the Services.
2.5 Disclaimer Regarding Data
We cannot and do not represent or guarantee that any of the information available through the Services is accurate, reliable, current, complete or appropriate for Your needs. Some content available through the Services may be provided by independent third parties whom GIGA does not control. Due to various factors—including the inherent possibility of human and mechanical error—the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through Our Services are not and cannot be guaranteed by Us.
2.6 Device Information
We may collect information from or about the sensors, monitors and other hardware and software which transmits data to the Services. RESET may also collect information from or about the computers, phones, or other devices where You install or access the Services, depending on the permissions You’ve granted. Here are some examples of the device information RESET may collect: Attributes, including: operating system, hardware version, device settings, signal strength and device identifiers. Device type, locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals. Connection information including the name of Your mobile provider or ISP, browser type, language and time zone, mobile phone number and IP address.
The security of Your Content is a priority. While We work towards this goal, GIGA cannot guarantee that unauthorized third parties will not be able to breach the Services’ security measures. Please notify GIGA immediately if You become aware of any suspicious activity or any incident that compromises or constitutes unauthorized access to or use of your account.
4. GIGA API Services
4.1 Import API Services
Access to Our Import API Services is only provided to users who are approved at Our discretion (“API Users”). API Users may be approved to use Our Import API Services to provide content to GIGA (“Import API Users”), and/or Our Export API Services to use content from GIGA (“Export API Users”). Prior to accessing to Our API Services, API Users must agree to the Terms and Conditions herein. We reserve the right, at our sole discretion, to disable or terminate the API Services provided to any API User who breaches the Terms and Conditions herein. API Users may access Our Import API Services and Export API Services (collectively, “API Services”). All API Service Users shall be provided with documentation to enable the use of Our API Services. All API Users are subject to usage limits as defined herein. We may publicly disclose Our relationship with any user of Our API Services.
Following the initial load, GIGA API services will not allow the re-export, without authorization, of all content which is initially made available during the initial load. New and updated content which changes from Customer’s most recent synchronization will be available to Customer by using the MODIFIED SINCE Material Search service parameter (see documentation above).
The usage of GIGA’s API services will be monitored.
To become an API User, contact us at: email@example.com
Data Owners fully control their Entities. At their sole discretion, Data Owners determine which of their Entities are published, which of their published Entities are shared, with which Data Exchange Partners their published Entities are shared, and how their published Entities are shared. Data Owners may also export their Entities from GIGA to commonly used spreadsheet formats, at their sole discretion. Our API Services may be used according to the Terms and Conditions herein.
Data Owners may make their published Entities available to Data Exchange Partners using Connected Data services or Disconnected Data services.
Published Entities are shared on-demand with each API request made by Data User applications; Data Owners must be opted-in (default setting) to make their published Entities available to Data Users as Connected Data;
Connected Data is used on-demand by Data User applications. Each API call can be tracked by Data Owners. (Note: an API call is made each time a search query is requested and each time an Entity is displayed in a browser). Data Users are strictly prohibited from making copies, reusing, re-formatting and redistributing any content received through GIGA’s Connected Data services.
We do not control nor are we responsible for how Data Users use Your Public Data. After opting-out Your Public Data may still exist within Data User services or applications. We encourage You to refer to the terms and conditions provided by Data Users prior to opting in to share Your Public Data with them.
Disconnected Data is downloaded by Data User applications in bulk and can be used, reused, reformatted or redistributed at the sole discretion of the Data Owner; Data Owners must be opted-in (default setting) to make their published Entities available to Data Users as Disconnected Data; Disconnected Data is shared asynchronously and requires periodic updates to remain current; Data Owners cannot track the usage of their data after it has been downloaded by Data User applications.
If You opt-out of sharing Your Public Data with a Data User, Your Public Data will no longer be shared with that Data User from that moment forward until You opt-in again. We do not control nor are we responsible for how Data Users use Your Public Data. After opting-out Your Public Data may still exist within Data User services or applications. We encourage You to refer to the terms and conditions provided by Data Users prior to opting in to share Your Public Data with them.
Our Import API Services allow credentialed Data Owners to connect their Entities to GIGA.
Accredited Data Owners may import their Entities into GIGA by connecting to Our Import API Services. If Users of Our Import API Services are unable to connect their Entities to Our Import API Services, it is possible, at our sole discretion, to pursue alternative import methods. These alternative import methods shall be negotiated individually with each user of Our Import API Services and may incur fees. Whenever a Data Owner’s GIGA account expires or is terminated, he/she will lose access to all of Our API Services. If a Data Owner’s GIGA account is terminated, he/she will have 15 days to export his/her Entities following termination by leveraging existing API endpoints.
Each day, users of Our Import API Services may create Entities without limit. If Your amount of daily updates significantly exceeds 20% of the total number of Your Entities, we reserve the right to immediately disable your import capacities, or throttle Your account until Your import capacities is reduced. We reserve the right to impose an appropriate fee commensurate with such excess usage. There are no limits to the number of Entities which are stored on GIGA. There are limits to the total amount of storage which is allotted to each Company, and limits to the size of individual files that are uploaded to each Entity:
- Free Company accounts include 100MB of total data.
- Total Company storage which exceeds 100MB will be billed at a rate of USD $3 per gigabyte (GB) per month.
- Gigabytes shall be rounded up, meaning 3.4GB is equivalent to 4 GB.
- For performance reasons, individual files, which are imported with Entities, may not exceed 10MB.
4.2 Data and Analytics We provide to Import API Users
We will provide Import API Users with bi-annual, aggregate feedback that may include the following:
Aggregate list of the most frequently used search filters; Aggregate list of the most frequently used certification filters; Aggregate list of registered companies (the names and contact information of individual Users will not be provided); Total usage statistics from Export API Services users. A User’s personal information, including but not limited to names, titles, email addresses, and phone numbers will not be shared without his or her permission.
License subscriptions for additional usage data and analytics including, information specific to Your Company and aggregate geographical statistics, may be purchased at Your sole discretion.
4.3 Use and Sharing of Your Content
We reserve the right to use Your Content in the following ways:
Any Public Data can be displayed on GIGA’s services without restrictions. Any Public Data can be shared with Building Standard Software or Procurement Tools without restrictions. Import API Users can, at their sole discretion, opt in to share their data with Export API Users. Import API Users must opt in to share their data with a specific Export API User to receive its available usage data and analytics. Archives can be made of any public data. Archives may remain on GIGA after an Import API User removes Your Content from GIGA.
4.4 Export API Services
Our Export API Services are provided to credentialed and whitelisted users. Published Entities received through our Export API Services are provided as Connected Data or Disconnected Data. Published Entities are made available to each Export Data User at the discretion of their Data Owners and at the discretion of GIGA. Data Owners may opt to share their published Entities as Connected Data, or Disconnected Data, at their sole discretion.
4.5 Data and Analytics We provide to Export API Users
We will provide Export API Users with regular, aggregate feedback that may include the following: Aggregate list of Data Owners who have opted in to share data with Export API Users; Export API services shall include update services to enable Export API Users to identify changes to Public Data.
4.6 Exporting Your Entities
At Your sole discretion, You may export Your Entities from GIGA, including both public and private Entities. Each day, You may export 1,000 Your Entities. Please contact Our Support Team at:firstname.lastname@example.org if increased export limits are needed.
4.7 Connected and/or Disconnected Data API Services
Credentialed Data Users who use Our Connected and/or Disconnected Data Services agree to be bound to the Terms and Conditions herein.
4.8 Connected and/or Disconnected Data Usage Limits
If the number of exported Entities significantly exceeds the average exported Entities (as determined solely by us) of other data partners, we reserve the right to immediately disable your export capacities or throttle your account until Your export usage is reduced. We reserve the right to impose an appropriate Fee commensurate with such excess usage. Contact us for data usage limits.
4.9 Restricted Uses
If You generate suspicious activity, We reserve the right to monitor Your transactions and bandwidth utilization to validate that Your usage of the Services is in compliance with the terms established in this Agreement. At Our sole discretion, We reserve the right to audit Your usage of the Services to validate that Your usage complies with the Terms and Conditions herein. The timing, scope, method and duration of each audit shall be determined at Our sole discretion. Each audit may be conducted without prior notice and without Your consent. Should an audit reveal Your usage of the Services is in breach with the Terms and Conditions herein, We may: Immediately and indefinitely suspend Customer access to the services; Pursue damages, including but not limited to reimbursement of all expenses accrued from audits of Customer usage of the Services.
Connected and/or Disconnected Data Users are strictly prohibited from making copies, reusing, reformatting and redistributing any content received through GIGA’s Connected and/or Disconnected Data services.
If You generate suspicious activity, We reserve the right to deploy queuing mechanisms to validate that Your usage of Our API Services is in compliance with the terms established in this Agreement. At Our sole discretion, We reserve the right to audit Your usage of Our Connected and/or Disconnected Data Services to validate that Your usage complies with the Terms and Conditions herein. The timing, scope, method and duration of each audit shall be determined at our sole discretion. Each audit may be conducted without prior notice and without Your consent. Should an audit reveal Your usage of Our Connected and/or Disconnected Data services is in breach with the Terms and Conditions herein, We will:
Immediately and indefinitely suspend Your access to Our API services; Pursue damages, including but not limited to reimbursement of all expenses accrued from audits of Your usage of Our Connected and/or Disconnected Data Services.
5. Copyright Policy
GIGA respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable laws and are properly provided to GIGA. If You believe that Your Content has been copied in a way that constitutes copyright infringement, please contact us at: email@example.com.
6. Third-Party Links
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by GIGA. We do not endorse or assume any responsibility for any such websites, information, content, materials, products, or services. If You access any third-party website, service, or content through the Services, You do so at your own risk and You agree that GIGA will have no liability arising from your use of or access to any third-party website, service, or content. We make no representations or warranties regarding third party products even if downloaded from The Services.
7. Transparency and choice
7.2 About Cookies
8. Disclaimers, Indemnity
The Services are provided from services located in the United States of America and China depending on your location, and We give no representations or warranties that they are appropriate for use in other locations.
If You use the Services, You agree to indemnify and hold harmless GIGA and its officers, directors, employees, partners and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) Your access to or use of the Services, (b) Your Content, or (c) Your breach of any of these Terms and Conditions, including without limitation liability for Your Content.
To the maximum extent permitted by applicable law, GIGA and its officers, directors, employees, partners and agents disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. GIGA will have no responsibility or liability for the deletion of, or the failure to store or to transmit, Your Content hosted by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GIGA, its officers, employees or agents, or through our products, will create any warranty not expressly made herein.
To the maximum extent permitted by applicable law, GIGA and its officers, directors, employees, partners and agents will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not GIGA has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. Governing Law, Language and Legal Disputes
These Terms and Conditions and the use of the Services shall be governed by the applicable laws of Canada and its province of Ontario without regard to principles of the conflicts of laws.
These Terms and Conditions are in the English language and where they are translated into other languages, the translation shall be for reference only. If there is any inconsistency between the English version and translated versions, the English version shall prevail and no reference shall be made to any translated versions to interpret the English.
You and GIGA agree that any claim or dispute arising out of the use of the Services and the application of these Terms and Conditions shall be resolved in accordance with this section unless You and GIGA otherwise agree in writing. Any claim or dispute shall first be discussed between You and GIGA in good faith to achieve an amicable resolution.
If an amicable resolution cannot be reached within sixty (60) days of the date either You or GIGA first raised the claim or dispute in writing, either party may submit its claim or dispute to the exclusive jurisdiction of the courts of Ontario, Canada.
10. International Transfers
As we operate internationally, Personal Information collected on the services may be stored and processed in any country in which we or our affiliates, suppliers or agents maintain facilities. By using our services, you expressly consent to any transfer of information outside of your country (including to countries that may not be assessed as having adequate privacy laws). Nevertheless, we take steps to ensure that our agents, affiliates and suppliers comply with our standards of privacy regardless of their location.
12. General Terms & Changes
GIGA reserves the right to determine the form and means of providing notifications to You, and You agree to receive legal notices electronically if We so choose. We may revise these Terms and Conditions from time to time and the most current version will be deemed the one published on GIGA’s commercial website at any relevant time. If a revision, in GIGA’s sole discretion, is material We will notify You. By continuing to access or use the Services after revisions become effective, You agree to be bound by the revised Terms and Conditions. If You do not agree to the published Terms and Conditions at any relevant time, please stop using the Services.
Your Data shall remain your property, We are permitted to aggregate and anonymize Your Data and/or other data that You provide to Us or that is related to Your use of the Services (“Aggregated Data”), provided that such Aggregated Data is anonymized and does not identify to any third party that You are the source of the Aggregated Data. We shall be the owner of the Aggregated Data and reserve the right to use, license, and sublicense the Aggregated Data.
14. Analytics, Benchmarking and Scoring
We may collect and aggregate data derived from the operation of the Services and may use such aggregated data for purposes of operating, developing, and improving the Services and any related GIGA business and for monitoring performance of the Services. Our use of aggregated data will not reveal any Licensee Data, Licensee Confidential Information, or personally identifiable information of End Users.
We are permitted to use Benchmarking analytics and algorithms to compare your data with aggregated industry data from other sites in order to provide valuable context and help you and other users to set meaningful targets, gain insight into trends occurring across your industry, and find out how you are doing compared to your competition.
- We are permitted to score and share publicly acquired data information, non-personal, aggregated and anonymized user data with the intention to simplify and accelerate the assessment of complex materials and projects, standardize data quality and data availability, assist project team to save time assessing products, help spread best-practice knowledge.
15. Term & Termination
This Agreement is effective from the date that You first access the Services or submit any information to GIGA, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by GIGA, may result in immediate termination of this Agreement, and/or Your access to and use of the Services, without prior notice. This Agreement will also terminate automatically if You fail to comply with any term or provision of this Agreement, with no cure period. Upon termination of this Agreement by either Party, Your right to use the Services shall immediately cease, and You shall destroy all copies of information that You have obtained from the Services, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnities, GIGA rights of ownership, and licenses to GIGA shall survive any termination, indefinitely.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to You. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services, or any part or portion thereof. Nothing in this Agreement shall be construed to obligate GIGA to maintain and support the Services, or any part or portion thereof, during the term of this Agreement.