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GIGAPROFITS Terms of Service
BY CLICKING ON THE "I AGREE" (OR SIMILAR BUTTON) THAT IS PRESENTED TO YOU
AT THE TIME OF YOUR ORDER, OR BY USING OR ACCESSING GIGAPROFITS (9475818
CANADA CORP.) PRODUCTS, YOU AGREE TO ALL OF THE TERMS IN THIS
AGREEMENT.
YOU CANNOT ENTER INTO THIS AGREEMENT IF YOU ARE WORKING FOR OR
AFFILIATED WITH ANY OTHER CUSTOMER RELATIONSHIP MANAGEMENT
("CRM"), WEBSITE DEVELOPMENT, BILLING SOFTWARE, MARKETING
SOFTWARE, AND SALES SOFTWARE PROVIDER OR DEVELOPER. GIGAPROFITS
RESERVES THE RIGHT TO SUSPEND OR REVOKE YOUR USE LICENSE IF YOU ARE
ATTEMPTING TO UTILIZE THIS SERVICE ON BEHALF OF ANY OTHER ENTITY THAT
COULD CONCIEVABLY BE CONSIDERED COMPETITION OF GIGAPROFITS.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE
TERMS GOVERNING THE USE OF GIGAPROFITS'S ONLINE SERVICE. THE TERM "YOU"
REFERS TO: (1) THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AND
EMPLOYEES AND USERS, OR (2) AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL
ENTITY, AS DEFINED IN THE REGISTRATION INFORMATION PROVIDED TO
GIGAPROFITS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE
WITH THESE TERMS, YOU MUST DECLINE BY NOT USING THIS SERVICE.
Welcome
As part of the Service, GigaProfits will provide the Customer with use of the Services, including a
browser interface and data encryption, transmission, access and storage. The Customer's registration
for, or use of, the Services shall be deemed to be the Customer's agreement to abide by this
Agreement including any materials available on the GigaProfits website incorporated by reference
herein, including but not limited to the Privacy Statements. For reference, a Definitions section is
included at the end of this Agreement.
Charges and Payment of Fees
The Customer shall pay all fees or charges to its account in accordance with the fees, charges, and
billing terms in effect at the time a fee or charge is due and payable. All billed payments are due and
may be processed on the day of the month in which payment is due. The initial charges will be equal
to the current number of total User licenses requested times the User license fee currently in effect.
Payments may be made annually, quarterly, or monthly, consistent with the Initial Term, at the
Customer's election. License fees are non-refundable whether or not User licenses are actively used.
All professional services rendered by GigaProfits servicing customer requests will become due at
termination of contract if those fees have not already been paid by the customer. The Customer must
provide GigaProfits with valid credit card or approved banking information as a condition to signing
up for the Service. An authorized License Administrator may add licenses by executing an
additional written Order Form or using the Online Order Center. Additional licenses will be subject
to the following: (i) additional licenses will be coterminous with the pre-existing License Term
(either Initial Term or renewal term); (ii) the license fee for the additional licenses will be the then
current, generally applicable license fee; and (iii) additional licenses in the middle of a billing month
will be charged in full for that billing month. GigaProfits reserves the right to change the fees,
applicable charges and usage policies and to introduce new charges at any time, upon at least 30
days prior notice to the Customer, which notice may be provided by email. There are to be no
refunds by GigaProfits, all sales are final. A Free Version is available to serve as a fair evaluation
period prior to purchase.
Billing & Renewal
GigaProfits charges and collects in advance for use of the Service. GigaProfits will automatically
renew and bill the Customer's credit card or issue an invoice to the Customer once a year on the
subsequent anniversary for annual licenses. The renewal charge will be equal to the then current
number of total User licenses times the then current license fee in effect at the time of renewal. Fees
for other services will be charged on an as quoted basis. GigaProfits's fees are exclusive of all taxes,
levies, or duties imposed by taxing authorities, and the Customer shall be responsible for payment of
all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on
GigaProfits’s income.
The Customer agrees to provide GigaProfits with complete and accurate billing and contact
information. This information includes the Customer's legal company name, billing address, email
address, and name and telephone number of an authorized billing contact and License
Administrator. The Customer agrees to update this information within 30 days of any change to it. If
the contact information the Customer has provided is false or fraudulent, GigaProfits reserves the
right to terminate the Customer's access to the Service in addition to any other legal remedies.
For credit card payers, invoices will be generated at the start of a license or billing period and the
Customer's credit card will be charged simultaneously. If paying by other means, invoices will be
generated at the start of a license or billing period and approximately one month in advance of the
start of any renewal or subsequent billing period and shall be due within 30 days. The Customer's
account will be considered delinquent (in arrears) if payment in full is not received by the license or
billing period start date. Customer shall pay any and all collection costs incurred by GigaProfits in
collection of outstanding debts.
Unless GigaProfits in its discretion determines otherwise: (i) entities with headquarters and a
majority of users resident in the Canada will be billed in CDN dollars and subject to Canadian
payment terms and pricing schemes ("Canadian Customers"); (ii) entities with headquarters and a
majority of users resident in other countries will be billed in U.S. dollars and subject to pricing
schemes ("Other Customers"); and (iii) all other entities will be billed in U.S. dollars and be subject
to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of GigaProfits
("Non-Canadian Customers").
If the Customer believes that the bill is incorrect, the Customer must contact GigaProfits in writing
within 30 days of the invoice date of the invoice containing the amount in question to be eligible to
receive an adjustment or credit. If possible billing errors are not reported within the 30 day period all
charges will be deemed to be correct.
Non-Payment & Suspension
In addition to any other rights granted to GigaProfits herein, GigaProfits reserves the right to
suspend or terminate this Agreement and the Customer's access to the Service if the Customer's
account becomes thirty (30) days or more delinquent (falls into arrears).
GigaProfits reserves the right to impose a reconnection fee in the event the Customer is suspended
and thereafter requests access to the Service. The Customer agrees and acknowledges that
GigaProfits has no obligation to retain the Customer Data and that such the Customer Data may be
irretrievably deleted if the Customer's account is 30 days or more delinquent.
Privacy
GigaProfits's privacy policy may be viewed at https://gigaprofits.com/privacy-policy/. GigaProfits
reserves the right to modify its privacy policy in its reasonable discretion from time to time.
License Grants
GigaProfits grants the Customer a nonexclusive, non-transferable worldwide right to use the
Services, solely for the Customer's own internal business purposes subject to the terms of this
Agreement. Subject to the terms of this Agreement, the Customer grants to GigaProfits the
nonexclusive, worldwide, right to use, copy, store, transmit and display the Customer Data solely to
the extent necessary to provide the Services as requested by the Customer. The Customer shall not
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any
third party the Service or the Content; (ii) modify or make derivative works based upon the
GigaProfits Services or the Content; (iii) commercially exploit the Service or the Content in any
way; or (iv) create Internet "links" to the Service or "frame" or "mirror" any Content contained in, or
accessible from, the Services on any other server, wireless or Internet-based device. Furthermore,
the Customer is not eligible for the Services if it is, or is affiliated with any other Customer
Relationship Management( CRM),Website Development, Billing Software, Marketing
Software, Sales Software providers, distributers, or software developers. GigaProfits shall not use
the Customer Data for any purpose other than to provide the Service to the Customer. All rights not
expressly granted to the Customer are reserved by GigaProfits and its licensors.
Restrictions
The Customer is permitted to store, manipulate, analyze, reformat, print, and display the Content
only for your internal business use. Unauthorized use, resale or commercial exploitation of the
Services and/or the Content in any way is expressly prohibited. The Customer agrees not to reverse
engineer the Services, or access the Service in order to (i) build a competitive product or service; (ii)
build a product using similar ideas, features, functions or graphics of the Service; or (iii) copy any
ideas, features, functions or graphics of the Service. The Customer shall not copy, license, sell,
transfer, make available, distribute, or assign this license or the Content to any third-party. The
Customer shall not create Internet "links" to the Service or "frame" or "mirror" any Content
contained on, or accessible from, the Service on any other server or Internet-based device. The
Customer is advised to consult with its broker or other financial representative to verify pricing
information prior to the execution of any security trade based upon the Content. User licenses
cannot be shared or used by more than one individual User but may be reassigned from time to time
to new Users who are replacing former Users who have terminated employment with the Customer
or otherwise changed job status or function and no longer require access to the Service.
Third-Party Interaction
The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise
make available to any third party the Service or the Content; (ii) modify or make derivative works
based upon the 9475818 Canada Corps (including software, data, hardware, products, processes,
algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical
material or information) or the Content; (iii) commercially exploit the Service or the Content in any
way; or (iv) create Internet "links" to the Service or "frame" or "mirror" any Content contained in, or
accessible from, the Service on any other server, wireless or Internet-based device. GigaProfits shall
not use the Customer Data for any purpose other than to provide the Service to the Customer.
Customer Responsibilities
The Customer is responsible for any and all activities that occur under the Customer's user accounts
and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in
connection with use of the Service. The Customer shall: (i) notify GigaProfits immediately of any
unauthorized use of any password or account or any other known or suspected breach of security;
(ii) report to GigaProfits immediately and use reasonable efforts to stop immediately any copying or
distribution of Content that is known or suspected by the Customer or its Users; (iii) assure that use
of the Service shall at all times comply with all applicable local, state, federal, and international
laws, regulations, and conventions, including without limitation those related to data privacy,
international communications, and the exportation of technical or personal data; and (iv) not
impersonate another GigaProfits user or provide false identity information to gain access to or use
the Service.
Account Information & Data
All data submitted by the Customer to the Service, whether posted by the Customer or by third
parties, shall remain the sole property of the Customer or such third parties, as applicable, unless
specifically notified in advance. The Customer, not GigaProfits, shall have sole responsibility for the
accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data
and GigaProfits shall not be responsible or liable for the deletion, correction, destruction, damage,
loss or failure to store any Data. In the event that the Customer terminates this Agreement (other
than by reason of the Customer's breach), GigaProfits will make available to the Customer a file of
Customer Data within 30 days of termination notice if the Customer so requests. GigaProfits
reserves the right to withhold, remove and/or discard Customer Data without notice for any breach,
including, without limitation, the Customer's non-payment. Upon termination for cause, the
Customer's right to access or use Customer Data immediately ceases, and GigaProfits shall have no
obligation to maintain or forward any Customer Data.
Termination/Reduction in Number of Licenses
This Agreement commences on the Effective Date and will remain in force until it is terminated.
This Agreement will automatically renew, for a term equal in duration to the Initial Term, upon the
expiration of the Initial Term or any renewal term. Either party may terminate this Agreement or
reduce the number of licenses, effective upon the expiration of the then current term, by notifying
the other party in writing via registered email at least thirty (30) business days prior to the date of
the invoice for the following term. In the case of free version, notifications provided through the
Service indicating the remaining number of days in the free version shall constitute notice of
termination. In the event that the Customer terminates this Agreement (other than by reason of the
Customer's breach), GigaProfits will make available to the Customer a file of Customer Data within
30 days of termination notice if the Customer so requests. The Customer agrees and acknowledges
that GigaProfits has no obligation to retain Customer Data, and may delete such Customer Data,
more than 30 days after termination.
Termination for Cause
Any breach of the Customer's payment obligations or unauthorized use of the 9475818 Canada
Corps, or Services will be deemed a material breach of this Agreement. GigaProfits, in its sole
discretion, may terminate the Customer's password, account or use of the Service if the Customer
breaches or otherwise fail to comply with this Agreement. In addition, GigaProfits may terminate a
free account if the Customer does not first log on within 7 days after registration. The Customer
agrees and acknowledges that GigaProfits has no obligation to retain Customer Data, and will delete
such Customer Data, if Customer has materially breached this Agreement, including but not limited
to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of
such breach.
Cancellation Policy
GigaProfits reserves the right to cancel the account at any time. Customers may cancel at any time
with a 30 days notice that can be email to support@gigaprofits.com.
GigaProfits Ownership
GigaProfits alone (and its licensors, where applicable) shall own all right, title and interest,
including all related Intellectual Property Rights, in and to the 9475818 Canada Corp, the Content
and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or
other information provided by the Customer or any other party relating to the Service. This
Agreement is not a sale and does not convey any rights of ownership in or related to the Service,
9475818 Canada Corp, or Intellectual Property owned by GigaProfits to the Customer. GigaProfits
name, the GigaProfits logo, and the product names associated with the GigaProfits Products and
Service are trademarks of 9475818 CANADA CORP. and may not be otherwise used without the
express prior written consent of The Company.
Third Party Rights
During use of the Service, the Customer may enter into correspondence with, purchase goods and/or
services from, or participate in promotions of advertisers or sponsors showing their goods and/or
services through the Service. Any such activity, and any terms, conditions, warranties, or
representations associated with such activity is solely between the Customer and the applicable
third-party. GigaProfits and its licensors shall have no liability, obligation or responsibility for any
such correspondence, purchase or promotion between the Customer and any such third-party.
GigaProfits does not endorse any sites on the Internet that are linked through the Service.
GigaProfits is providing these links to the Customer only as a matter of convenience, and in no
event shall GigaProfits or its licensors be responsible for any content, products, or other materials on
or available from such sites. GigaProfits provides its services to the Customer pursuant to the terms
of this Agreement. The Customer recognizes, however, that certain third-party providers of ancillary
software, hardware, or services may require the Customer's agreement to additional or different
license or other terms prior to the Customer's use of or access to such software, hardware, or
services on behalf of the Customer.
Representation & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this
Agreement. GigaProfits represents and warrants that it will provide the Service in a manner
consistent with general industry standards reasonably applicable to the provision thereof and that the
Service will perform substantially in accordance with the online GigaProfits help documentation
under normal use and circumstances. The Customer represents and warrants that it has not falsely
identified itself nor provided any false information to gain access to the Service and that the
Customer's billing information is correct.
Mutual Indemnification
The Customer shall indemnify and hold GigaProfits, its licensors and each such party's parent
organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless
from and against any and all claims, costs, damages, losses, liabilities and expenses (including
attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the
Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true,
would constitute a violation by the Customer of the representations and warranties; or (iii) a claim
arising from the breach by the Customer or Users of this Agreement, provided in any such case that
GigaProfits (a) gives written notice of the claim promptly to the Customer (b) gives the Customer
sole control of the defence and settlement of the claim (provided that the Customer may not settle or
defend any claim unless it unconditionally releases GigaProfits of all liability and such settlement
does not affect GigaProfits’s business or Service); (c) provides to the Customer all available
information and assistance; and (d) has not compromised or settled such claim.
GigaProfits shall indemnify and hold the Customer and its parent organizations, subsidiaries,
affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all
claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising
out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a
U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a claim, which if true,
would constitute a violation of GigaProfits of the representations or warranties; or (iii) a claim
arising from breach of this Agreement by GigaProfits; provided that the Customer (a) promptly
gives written notice of the claim to GigaProfits; (b) gives GigaProfits sole control of the defence and
settlement of the claim (provided that GigaProfits may not settle or defend any claim unless it
unconditionally releases the Customer of all liability); (c) provides to GigaProfits all available
information and assistance; and (d) has not compromised or settled such claim. GigaProfits shall
have no indemnification obligation, and the Customer shall indemnify GigaProfits pursuant to this
Agreement, for claims arising from any infringement arising from the combination of the Service
with any of the Customer's products, service, hardware, or business process(s).
Disclaimer of Warranties
GigaProfits demands its licensors make no representation, warranty, or guarantee as to the
reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service
or any content; GigaProfits and its licensors do not represent or warrant that (i) the use of the service
will be secure, timely, uninterrupted or error-free or operate in combination with any other
hardware, software, system or data, (ii) the service will meet the customer's requirements or
expectations, (iii) any stored data will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained by the customer through the service
will meet the customer's requirements or expectations, (v) errors or defects will be corrected, or (vi)
the service or the server(s) that make the service available are free of viruses or other harmful
components; (vii) the service and all content is provided to the customer strictly on an "as is" basis;
and (viii) all conditions, representations and warranties, whether express, implied, statutory or
otherwise, including, without limitation, any implied warranty of merchantability, fitness for a
particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum
extent permitted by applicable law by GigaProfits and its licensors.
Internet Delays
GigaProfits's services may be subject to limitations, delays, and other problems inherent in the use
of the internet and electronic communications. GigaProfits is not responsible for any delays,
delivery failures, or other damage resulting from such problems.
Limitation of Liability
In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due
from the customer in the twelve (12) month period immediately preceding the event giving rise to
such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect,
punitive, special, exemplary, incidental, consequential or other damages of any type or kind
(including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any
way connected with this service, including but not limited to the use or inability to use the service,
or for any content obtained from or through the service, any interruption, inaccuracy, error or
omission, regardless of cause in the content, even if the party from which damages are being sought
or such party's licensors have been previously advised of the possibility of such damages.
Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, so the exclusions set forth above may not apply to
the Customer.
Local Laws and Export Control
This site provides services and uses software and technology that may be subject to the Laws of
Ontario export controls administered by the Canadian Government, the Canadian Revenue Agency
Treasury Office of Foreign Assets Control, and other Canadian federal agencies and the export
control regulations of the European Union.
GigaProfits and its licensors make no representation that the Service is appropriate or available for
use in other locations. If the Customer uses the Service from outside of Canada is solely responsible
for compliance with all applicable laws, including without limitation export and import regulations
of other countries. Any diversion of the Content contrary to Canadian law is prohibited. None of the
Content, nor any information acquired through the use of the Service, is or will be used for nuclear
activities, chemical or biological weapons or missile projects, unless specifically authorized by the
Canadian Government or appropriate United States, European body for such purposes.
Notice
GigaProfits may give notice by means of a general notice on the Service, electronic mail to the
Customer's email address on record in GigaProfits's account information, or by written
communication sent by first class mail or pre-paid post to the Customer's address on record in
GigaProfits's account information. The Customer may give notice to GigaProfits (such notice shall
be deemed given when received by GigaProfits) at any time via email at: support@gigaprofits.com.
Modification to Terms
GigaProfits reserves the right to change the terms and conditions of this Agreement or its policies
relating to the Service at any time and shall notify the Customer by posting an updated version of
this Agreement on the Service. The Customer is responsible for regularly reviewing this Agreement.
Continued use of the Service after any such changes shall constitute the Customer's consent to such
changes.
Assignment
This Agreement may not be assigned by the Customer without the prior written approval of
GigaProfits but may be assigned by GigaProfits to (i) a parent or subsidiary; (ii) an acquirer of
assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be
void.
General
With respect to the Canadian Customers, this Agreement shall be governed by Ontario laws and
controlling Canadian Federal law, without regard to the choice or conflicts of law provisions of any
jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with
this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal
courts located in ON, Canada. With respect to Non Canadian Customers, this Agreement shall be
governed by the laws of Ontario, Canada, without regard to the choice or conflicts of law provisions
of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in
connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the
courts of Ontario, Canada. No text or information set forth on any other purchase order, pre-printed
form or document (other than an Order Form, if applicable) shall add to or vary the terms and
conditions of this Agreement. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other
provisions remaining in full force and effect. No joint venture, partnership, employment, or agency
relationship exists between the Customer and GigaProfits as a result of this agreement or use of the
Service. The failure of GigaProfits to enforce any right or provision in this Agreement shall not
constitute a waiver of such right or provision unless acknowledged and agreed to by GigaProfits in
writing. This Agreement, together with any applicable Order Form, comprises the entire agreement
between the Customer and GigaProfits and supersedes all prior or contemporaneous negotiations,
discussions or agreements, whether written or oral, between the parties regarding the subject matter
contained herein.
Definitions
As used in this Agreement and in any Order Forms now or hereafter associated here with:
"Agreement" means this online services agreement, and any Order Forms, whether written or
submitted online via the Online Order Center, and any materials available on the GigaProfits web
site specifically incorporated by reference herein, as such materials, including the terms of this
Agreement, may be updated by GigaProfits from time to time in its sole discretion; "Content" means
the audio and visual information, data, documents, software, products and services contained or
made available to the Customer in the course of using the Service; "the Customer, Customer, You or
Customer's" means the individual or legal entity, its directors, officers, affiliates agents, and
employees, as identified in the registration and identification data provided to GigaProfits via this
web site. Companies or entities who provide similar services or software, including but not limited
to Customer Relationship Management (CRM), Sales Software, Billing Software, Marketing
Software, Website or Mobile App Development or other such entities cannot be considered
Customers unless specifically given clause through GigaProfits. These entities are ineligible to use
the service and are not permitted to sign up for it of their own accord. GigaProfits reserves the right
to revoke the accounts of any of these entities at its sole discretion without notice; "Customer Data"
means any data, information or material provided or submitted by the Customer to GigaProfits in the
course of utilizing the Service; "Effective Date" means the earlier of either the date this Agreement
is accepted by selecting the "I Accept" option presented on the screen after this Agreement is
displayed or the date the Customer begins using the Service; "Initial Term" means the period during
which the Customer is obligated to pay for the Service equal to the billing frequency selected by the
Customer during the subscription process, i.e.; if the billing frequency is quarterly, the Initial Term
is one quarter; "Intellectual Property Rights" means unpatented inventions, patent applications,
patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights,mask
work rights, know-how and other trade secret rights, and all other intellectual property rights,
derivatives thereof, and forms of protection of a similar nature; "License Administrator(s)" means
those Users designated by the Customer who are authorized to purchase licenses online using the
Online Order Center or by executing written Order Forms; "License Term(s)" means the period(s),
excluding the Initial Term, during which a specified number of Users are licensed to use the Service
pursuant to the Order Form(s); "Order Form(s)" means the initial subscription for the Service and
any subsequent order forms submitted online, specifying, among other things, the number of
licenses and other services contracted for, the applicable fees, the billing period, and other charges
as agreed to between the parties and each such Order Form shall be incorporated into and become a
part of this Agreement. In the event of any conflict between the terms of this Agreement and the
terms of any such Order Form, the terms of this Agreement shall prevail; "Online Order Center"
means GigaProfits's online application that allows the License Administrator designated by the
Customer to, among other things, add additional Users to the Service; "GigaProfits" means 9475818
Canada Corp. a Mississauga corporation, having its principal place of business at 7025-22 Tomken
Rd, Mississauga, ON, Canada, L5S 1R6, Canada (collectively "GigaProfits") means all of
GigaProfits's proprietary technology (including software, data, hardware, products, processes,
algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical
material or information) made available to the Customer by GigaProfits in providing the Service;
"Service(s)" means the specific edition of GigaProfits's online customer relationship management,
billing Software, Marketing Software, sales software, website services, data analysis, mobile
services, social media services and other corporate software services identified during the ordering
process, developed, operated, and maintained by GigaProfits accessible via www.gigaprofits.com or
another designated web site or IP address or ancillary services rendered to the Customer by
GigaProfits, to which the Customer is being granted access under this Agreement, including the
GigaProfits Technology and the Content; "System Administrator(s)" means those Users designated
by the Customer who are authorized to create User accounts and otherwise administer the
Customer's use of the Service; "User(s)" means Customers, employees, representatives, consultants,
contractors or agents who are authorized to use the Service and have been supplied user
identifications and passwords by the Customer (or by GigaProfits at the Customer's request).
Bulk Email Communication
This Policy seeks to establish guidelines for all bulk email operations. We believe that following this
policy will result in a healthier Internet presence and reputation, lower costs of doing business and
better deliverability to the targets of our email activities.
This policy applies to all bulk emails sent from GigaProfits using any email servers belonging to the
company or its parent entity (9475818 Canada Corp) and/or any other associated entity.
Email Policy
1. as required by law, such as to comply with a subpoena, or similar legal process.
2. when we believe in good faith that disclosure is necessary to protect our rights, protect your
safety or the safety of others, investigate fraud, or respond to a government request.
3. to any other third party with your prior consent to do so.
4. if GigaProfits is involved in a merger, acquisition, or sale of all or a portion of its assets, you
will be notified via email and/or a prominent notice on our website of any change in
ownership or uses of your personal information, as well as any choices you may have
regarding your personal information.
5. Ensure that you are only sending Email to users who are interested in receiving information
by the way of bulk email.
It is not advisable to purchase mailing lists from 3rd parties.
6. Ensure that your users know what mail to expect, how often to expect it, and what it will
look like.
7. Brand your mail so that recipients can quickly identify it and won't mistake it as spam. Make
sure that "from" address of your mail clearly identifies who it is from. Also, include your
brand in the subject line. Even if users want your mail, they may not recognize it right away
and it may also get caught in spam filters.
8. Send your email from a consistent email address and advise your users to add that address to
their address books. Mail sent to users with your address in their address book will be
delivered to the inbox with images and links enabled.
9. Unsubscribing is very easy for an email recipient, make sure that your clients know about
this and steps to unsubscribe from emailing lists.
10. A high number of invalid recipients will harm the sender's reputation, you can reduce this
number by ensuring correct email address is entered in the system, update client profiles on
timely basis, and monitoring your bounced list regularly to remove any invalid email.
addresses
Definitions
Bulk EmailBulk Email: Email is considered to be Bulk Email if individual emails sent are substantially
identical to emails sent to a large number of other individuals
Unsolicited Email: Email is considered to be unsolicited if the recipients of the emails have
unsubscribed from the mailing list
SpamSpam: Email is considered to be Spam if it is both Bulk Email and Unsolicited Email, regardless of
content. It is illegal to send Spam emails
BounceBounce: an emails is considered Bounced, if for any reason it has not reached the intended audience
UnbouncingUnbouncing: The process of acting on bounced emails and clearing the bouncing reasons/blockers
from the system
Broadcast Policy
1. Use the Service in connection with the delivery or transmission of unsolicited messages
(commercial or otherwise) or spamming.
2. Create a false identity, caller id or otherwise attempt to mislead others as to the identity of
the sender or the origin of the message.
3. Create a false identity, caller id or otherwise attempt to mislead others as to the identity of
the sender or the origin of the message.
4. Use the Services to create or distribute sounds, messages or other materials, which are
obscene, harassing, racist, malicious, fraudulent or libelous, nor use the Services for any
activity that may be considered or are unethical, immoral, or illegal.
5. Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature.
6. Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature.
7. Violate any National law regarding the transmission of technical data or software exported
from the United States through the Service.
8. Calls are billed in 60 second increments.
9. GigaProfits Outbound Service is a non-refundable, non-returnable, non-exchangeable, nontransferrable.
10. All purchases are final.
11. Subscriber is strictly prohibited from using GigaProfits Service in connection with the
delivery or transmission of unsolicited messages, commercial or otherwise or for spamming.
12. Subscriber shall be fully and solely liable for any pre-recorded audio, voice transmission and
fully responsible for compliance with applicable federal, state and local laws including but
not limited to federal, state and/or local laws or rules regulating or prohibiting the
transmission of pre-recorded phone calls.
13. You are responsible for complying with all of the above and GigaProfits is in no way liable for
actions performed using this application.
Compliance
1. Subscriber shall be fully and solely liable for any pre-recorded audio, voice transmissions,
and text messages sent through the Service and fully responsible for compliance with
applicable law. Subscriber acknowledges that GigaProfits has no involvement in the
acquisition or development of Subscribers call list(s) or control over the content of any
transmission or the destination such transmission will be sent nor will GigaProfits be liable
for such content.
2. Subscriber is fully and solely responsible to be aware of, understand, and comply with all of
the rules and regulations applicable to Subscriber's use of GigaProfits Service including but
not limited to Federal Trade Commission rules and regulations, Federal Communication
Commission rules and regulations, National Do Not Call Registry rules and regulations and
individual state Do Not Call rules and any applicable individual state or local regulations,
Controlling the Assault of Non-Solicited Pornography and Marketing Act, along with any
other federal, state, or provincial local laws that may be applicable to Subscribers use of
GigaProfits Service. Subscriber agrees not to violate these, or any other federal, state, or
local law and represents and warrants that Subscribers use of GigaProfits will not cause
GigaProfits to violate these or other similar laws.