Gibi Terms and Conditions

 

  1. Agreement to Terms of Use

Gibi Technologies, Inc. (“Gibi”) provides location and pet motion services as well as other services that may be introduced by Gibi or our partners or licensees from time to time (“Services”). The Services are accessed and configured through this website or any related mobile site, application or service (the “Site”). We grant you permission to use the Site subject to the terms and conditions below (the “Terms of Use”). By accessing the Site, you agree to be bound by the Terms of Use. The Terms of Use contains an agreement to arbitrate all claims and disclaims warranties and liability. These provisions form an essential basis of the agreement between you and Gibi. Read these provisions carefully and print out a copy for your records.

Gibi reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

  1. Your Information

2.1 Using Your Information

By using the Site and inputting personal information the user understands that Gibi will use such information for internal purposes and with your permission or upon your request may also provide that information to affiliated companies or persons. Gibi takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking or software errors

 

2.2 Cookies

By using the Site and inputting personal information the user understands that he or she may acquire cookies or other computer files that Gibi uses to identify users. We currently collect information such as pages visited, search parameters, and property information to supplement our records and help us learn what pages are most attractive to our customers, which of our features most interest our customers.

2.3 Analytics

Our website uses a web analytics service (“Analytics Service”), such as Google Analytics provided by Google, Inc. (“Google”). The Analytics Service uses “cookies”, which are text files placed on your computer, tablet or phone, to help analyze how users use the Site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by the Analytics Service on servers in the United States. The Analytics Service will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. The Analytics Service may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service’s behalf. The Analytics Service will not associate your IP address with any other data held by the service. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by the Analytics Service in the manner and for the purposes set out above.

2.4 Web Advertising for Publishers

Our Site may use a web advertising service, such as Google DoubleClick provided by Google (“Google”). If we choose to use such a technology, it would be solely to advertise our services to our customers and we would not serve advertisements for 3rd parties. Please review their privacy policy.

 

  1. Information on the Site

3.1 Google Maps

Our Site features Google Maps, a mapping software service provided by Google. By using our Services, you agree to be bound by Google’s terms of use. Please review their privacy policylegal notices and terms of use for more information.

3.2 Errors or Delays

Gibi is not responsible for any errors in displayed information or delays in displaying information. All information on the Site is either transmitted to Gibi from you or other entities or persons, or was obtained through publicly available sources. Issues of data accuracy may be brought to the attention of Gibi by contacting us, but unless the information was provided by you, it is likely that such inaccuracy cannot be corrected by Gibi and the entity or person that generated the information must be appealed to. For example: incorrect map details can only be changed by Google.

 

3.3 Site Availability

Gibi reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  1. Privacy

Gibi’s Privacy Policy applies to use of the Site, and its terms are made a part of the Terms of Use by this reference. To view our Privacy Policy, click here [www.getgibi.com/legal/privacypolicy]. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  1. Acceptance of Gibi Terms and Conditions

By using the Gibi device and associated services, you accept and agree to be bound by the Gibi Terms and Conditions that are set out immediately following the Terms of Use.

  1. User Account

6.1 Creating an Account

You will need to create an account and provide information about yourself and your pet to use the Site and Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities in connection with your account. You agree to notify us immediately of any unauthorized use of your account. You will use your account for personal, no commercial purposes only.

6.2 Text Messages

The Services may include the sending of test messages to your mobile device and the mobile devices of others. The receipt of these messages may incur charges, depending the mobile device service plan. You hereby authorize Gibi to send text messages and acknowledge that the recipients are responsible for paying any and all charges associated with the receipt of such test messages.

 

  1. Community Guidelines

From time to time, we may introduce features on our site that allow you to interact with other users of Gibi. We are excited to have you participate. As with any community, we have a few house rules:
1. Be respectful. We welcome debate, but we will not tolerate disrespectful language or personal attacks. Please avoid controversial topics such as politics, race, religion, and sexuality. Community members have strong opinions on these topics, and discussions will often devolve into flame wars. We reserve the right to edit or remove any excessively controversial content.
2. No solicitation. Pet lovers are welcome here, but not to promote your services. You can include mention of your company or products, but no contact information or website addresses.
3. No spamming. Please do not post advertising, junk mail, spam, scams or chain letters.
4. No Illegal or offensive posts. Any content that contain illegal, inflammatory, libelous, obscene or pornographic material will be removed.
5. No public posting of private information or other people’s unpublished contact information. This also includes communications from community administrators and moderators.
6. Moderation: We reserve the right to monitor content and delete any content that does not adhere to our rules, including content that is disparaging or insulting.
7. Have fun! This is your chance to connect and with friends, family, and other pet lovers.

  1. Content and Links

8.1 Content

All text, images, audio, video and other forms of communication (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. You may be exposed to Content that is offensive, indecent, inaccurate, libelous or otherwise inappropriate. By accessing the Site, you certify that you will not upload or post such Content.

8.2 Your Content

You assume all liability and risk associated with your Content, including violation of any third-party rights or agreements, violation of any laws, third-party reliance on its accuracy, completeness or usefulness, or any disclosure by you of information that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content for the purposes set out in the Terms of Use.

We may remove your Content from the Site or reinstate it at our sole discretion. We have no obligation to store your Content. We may display your Content on the Site as part of our Services, to promote our Services or for other business purposes. In connection with such display, you hereby grant us an irrevocable license to use your Content and you irrevocably waive any claims and assertions of moral rights or attribution with respect to your Content.

8.3 Our Content

We own our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding your Content and third party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with our Content, the Software and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of our Content or Software in whole or in part except as expressly authorized by us. Except as expressly set out herein, we do not grant you any express or implied rights, and all rights in and to the Site, the Software and our Content are retained by us.

8.4 Feedback

Any feedback you provide at this site shall be deemed to be non-confidential. Gibi shall be free to use such information on an unrestricted basis.

8.5 Links

Any links provided on this Site are put there for the user’s convenience. Links may be directed to third-party content, meaning that Gibi has no control over what is actually posted at the destination sites. Gibi does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user so that Gibi can review the content and make changes to links where necessary.

 

  1. Limitations and Restrictions

9.1 Limitation of the Services

The Services are designed to locate and detect pet motion. They are not designed or intended to be used to track children, adults or objects.

 

9.2 Restrictions on Use

You agree that you will not, and will not assist another, to use the Services:

(1) to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;

(2) to spam or conduct other mass messaging, whether commercial in nature or not;

(3) for promotional or commercial purposes;

(4) to promote bigotry or discrimination;

(5) to transmit pornography or illegal content, solicit personal information from minors or to harm or threaten to cause harm to minors;

(6) to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, including any copyright, trademark or other proprietary rights notice on the Site;

(7) to violate any applicable law;

(8) to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than your Content);

(9) to reverse engineer any portion of the Site or its underlying software;

(10) to record, process, or distribute information about other users without their permission; or

(11) to take any action that may impose (at our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure, including (A) any attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services, (B) use of the Services or any Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature, (C) attempt to interfere with the proper working of the Services; (D) make excessive traffic demands; or (E) use the Services to disrupt or interfere with the security of any computer network.

 

  1. Software License

When you create an account, you are granted a limited non-exclusive license to use the software (which includes all documentation, content, fonts and computer code, collectively, the “Software”) on the Site only in connection with your use of the Services. Gibi and our licensors retain ownership of the Software itself and reserve all rights not expressly granted to you. You may not and you agree not to, or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provide by the Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Software). You may not rent, lease, lend, sell, redistribute or sublicense the Software.

 

  1. Trademarks

Gibi, Gibi Technologies, Inc. and the Gibi logo are trademarks of Gibi Technologies, Inc. Google Maps and Android are trademarks of Google. Use of this trademark is subject to Google Permissions. Portions of the Site are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

  1. Violation of the Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Gibi’s rights or property, or the rights or property of visitors to or users of the Site. Gibi reserves the right at all times to disclose any information that we determine necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that Gibi may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Gibi determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce the Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Gibi, its employees, users of the Site and the public.

 

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site, block your future access to the Site and/or terminate your account if we determine that you have violated the Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of the Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Gibi, for which monetary damages would be inadequate, and you consent to Gibi obtaining any injunctive or equitable relief that we determine necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

 

You agree that we may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

 

If Gibi does take any legal action against you as a result of your violation of the Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that Gibi will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of the Terms of Use.

 

  1. Disclaimers and Limitations on Liability

13.1 Disclaimers

GIBI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GIBI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GIBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GIBI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GIBI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GIBI FOR DISSATISFACTION WITH THE SITE, ANY CONTENT OR ANY SERVICE IS TO STOP USING THE SITE, ANY SUCH CONTENT OR ANY SUCH SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

GIBI DOES NOT GUARANTEE THAT ANY LOST ANIMAL WILL BE FOUND.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

13.2 Limitation of Liability

Except where prohibited by law, in no event will Gibi be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Gibi has been advised of the possibility of such damages.

If, notwithstanding the other provisions of the Terms of Use, Gibi 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, any Content or any Service, Gibi’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Gibi (but not including the purchase price for any Gibi hardware, software products and any support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

13.3 Indemnity

By using the Site, you agree to indemnify and hold Gibi, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Gibi by any third party due to or arising out of or in connection with your use of the Site.

  1. Governing Law; Dispute Resolution Process

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Mateo County, California, and waive any objection to such jurisdiction or venue.

Any claim or controversy arising out of or relating to the use of this Site, to the goods or services provided by Gibi, or to any acts or omissions for which you may contend Gibi is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in the state and federal courts of San Mateo County, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Gibi. Filing and other non-award costs will be paid for in equal shares by both parties, except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Mateo County, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND GIBI WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. IF THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Gibi’s goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Gibi, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Mateo county, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

  1. Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use, so that the Terms of Use shall remain in full force and effect.

The Terms of Use constitute the entire agreement between you and Gibi with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Gibi with respect to such use are hereby superseded and cancelled.

Gibi’s failure to insist on or enforce strict performance of the Terms of Use shall not be construed as a waiver by Gibi of any provision or any right it has to enforce the Terms of Use, nor shall any course of conduct between Gibi and you or any other party be deemed to modify any provision of the Terms of Use.

The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

All Notices should be sent to legal@gibitechnologies.com.

Rev. 8/8/14