Terms of service

OVERVIEW

This website is operated by GigaLink Wi-Fi. Throughout the site, the terms “we”, “us” and “our” refer to GigaLink Wi-Fi. GigaLink Wi-Fi offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We will assume (and by using the Services you warrant that) you have the legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You may only use the Services for your personal, non-commercial use. Your use must comply with all laws that apply to you. You may not use these Services if applicable laws prohibit such use. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. At any time, we may temporarily or permanently modify, suspend, discontinue, or restrict access to all or part of the Services and/or any related software, facilities, and services, with or without notice and/or to establish general guidelines and limitations on their use. Some such changes to the Services may render certain hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice.

5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service

7 - SUBMISSIONS, POSTINGS AND EMAILS

We are interested in hearing from you regarding your questions or comments about our Services. However, we do not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed.  Therefore, please do not send any unsolicited submissions to GigaLink Wi-Fi.

8 - USER CONTENT

You are solely responsible for all content, including, without limitation, profile entries, posts, questions, video, images, and audio that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, our Services. You represent and warrant that you have all rights necessary to do so. You acknowledge that your contents may or may not be able to be deleted once uploaded.

9 - PERSONAL INFORMATION
You agree to be responsible for protecting the confidentiality of screen names, passwords, personal identification numbers, parental control passwords or codes and any other security measures. Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy

10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, and/or offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

11 - PROHIBITED USES

Prohibited uses include, but are not limited to, using the Service or any associated equipment to:

(i) undertake or accomplish any unlawful purpose, or to solicit others to perform or participate in any unlawful acts. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;

(ii) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

(iii) access any other person's computer or computer system, software, or data without such person’s knowledge and consent; breach or circumvent, or attempt to breach or circumvent, the security system of any host, network, server, or user account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a network, server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts; use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, port scanning, network probing, encryption circumvention devices, or Trojan Horse programs; provided, that any port scanning, network probing or other similar network or security tools are permitted when used by you for purposes of securing or optimizing your own network, or if explicitly authorized by the destination host network;

(iv) distribute programs that remove locks or time-outs built into software (cracks); run programs, equipment, computers or servers from your residence that provide network content or any other services to anyone outside of your residence, such as public e-mail, web hosting, file sharing, gaming server, and proxy services and servers;

(v) initiate, perpetuate, or in any way participate in any illegal soliciting scheme;

(vi) You will not connect to the Services any hardware devices or third-party services in a manner that could be dangerous to any person(s), or which could cause damage to or loss of any property.

(vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website or other websites, or the Wi-Fi;

(viii) to collect or track the personal information of others;

(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(x) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Wi-Fi;

(xi) impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;

(xii) interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host;

 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

12 - THIRD-PARTY SERVICES

You accept that we are not responsible for the risks you take associated with links or connections to third-party Apps or services. You understand that such third-party services may or may not carry their own terms, conditions, privacy policies or other policies. We encourage you to be aware of such agreements when you connect to or access third-party services to the Services. We cannot and do not have control over, nor do we assume any responsibility or risk for content, accuracy, practices, opinions, or policies of any third-party Apps or services that you may be exposed to. Your interactions with third-party organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You agree that we shall not be responsible for any liability for any loss or damage associated with any such interactions.

13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GigaLink Wi-Fi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We shall have no liability for interruption of Services due to hardware, software, or infrastructure failure, acts of God, flood, natural disaster, vandalism, terrorism, regulation or government acts, strikes, labor unrest, civil disturbance, fire, electrical power outage, computer viruses or worms. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions. In no case shall GigaLink Wi-Fi, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15 - SECURITY SYSTEMS

Use of cameras, alarms, security systems or other devices that record and/or monitor and/or take photos are prohibited and use of these products will result in service termination without refund. Network bandwidth usage is monitored and policy abuse will be immediately investigated and the service terminated if you are found to be using any camera or related type device used to monitor, record, or take photos. you acknowledge and agree that your use of the services (including, without limitation, using the services to secure or otherwise control access to any real or personal property) is solely at your own risk, and that you accept responsibility for all losses, damages, and expenses arising out of such use. you are responsible for maintaining insurance covering all loss, damage, or expense, whether for property damage, personal injury (including death), economic losses, or any other form of loss, damage, or expense arising out of or from (i) these terms, or (ii) the services.

16 - VIOLATION OF SECURITY SYSTEMS

You are prohibited from using any services or facilities to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, disabling code, virus, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.

17 - INVESTIGATIONS

We reserve the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. We may seek to gather information from the user who is suspected of violating these Terms and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing GigaLink Wi-Fo to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS GIGALINK WI-FI AND ITS AFFILIATES, AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTY OR BY LAW ENFORCEMENT AUTHORITIES.

18 - EMERGENCY SERVICES

Service is not to be used or relied on for emergency 911 services. 

(i) THE WI-FI 911 SERVICE MAY NOT OPERATE DURING A POWER OUTAGE. You acknowledge and understand that the Wi-Fi 911 Service does not function in the event of a power failure or disruption. Should there be an interruption in the power at the Wi-Fi location, the Wi-Fi calling service, including the Wi-Fi 911 Service, will not function until power is restored; 

(ii) EMERGENCY PERSONNEL MAY NOT BE ABLE TO IDENTIFY YOUR PHONE NUMBER IN ORDER TO CALL YOU BACK. You understand and acknowledge that it may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911 using the Wi-Fi 911 Service;

(iii) EMERGENCY PERSONNEL MAY NOT BE ABLE TO IDENTIFY YOUR ADDRESS. When calling 911 over Wi-Fi, your location may not be automatically identified as precisely as with a cellular signal;

(iv) WI-FI 911 SERVICE CALLS MAY BE DELAYED OR DROPPED DUE TO NETWORK ARCHITECTURE. You understand and acknowledge that, due to technical constraints, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made utilizing your Mobile Wi-Fi calling service as compared to traditional 911 dialing over traditional public telephone networks;

(v) YOU SHOULD MAINTAIN ALTERNATE MEANS OF CONTACTING 911 and E911 SERVICES. You should always have an alternative means of accessing emergency response services using traditional 911 or other emergency notification services.

19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless Service is terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

24 - MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

If a Dispute (as that term is defined below) arises between you and GigaLink Wi-Fi, we are committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to email us the written description of the Dispute using our contact form. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or Dispute; the specific relief sought; and proof of your relationship with GigaLink Wi-Fi. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and GigaLink Wi-Fi agree to the further dispute resolution provisions below.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

To the fullest extent permissible by law, with the exception of disputes pertaining to GigaLink Wi-Fi’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and GigaLink Wi-Fi arising under these Terms (“Dispute”) shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to elect to have any claims resolved in small claims court on an individual basis for Disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose. Seeking such relief shall not waive a party’s right to arbitration under this arbitration agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

YOU AND GIGALINK WI-FI ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS GIGALINK WI-FI PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

The arbitrator shall be a retired judge or justice of any Washington state or federal court with substantial experience in the industry and shall follow Washington substantive law in adjudicating the Dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA.

For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable JAMS rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For those claims that the arbitrator determines are not frivolous, GigaLink Wi-Fi shall pay the costs and fees of JAMS and the arbitrator.  GigaLink Wi-Fi agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and GigaLink Wi-Fi submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

You have the right to opt out and not be bound by the arbitration agreement by sending us your written notice of your decision to opt out using our contact form. The notice must be sent within thirty (30) days of (a)2024.08.20; or (b) your first use of the Services, whichever is later. Otherwise, you shall be bound to arbitrate Disputes in accordance with the terms of this “Mandatory Arbitration and Class Action Waiver” section. If you opt out of the arbitration agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate Disputes under a prior version of the arbitration agreement will not apply to claims not yet filed. If you opt out of the arbitration agreement, GigaLink Wi-Fi also will not be bound by it.

GigaLink Wi-Fi will provide thirty (30) days’ notice of any material changes to this “Mandatory Arbitration and Class Action Waiver” section. Any such changes will go into effect 30 days after GigaLink Wi-Fi provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If GigaLink Wi-Fi changes this “Mandatory Arbitration and Class Action Waiver” section after the date you first accepted this arbitration agreement (or accepted any subsequent changes to this arbitration agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.

AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

CONTACT INFORMATION
Questions about the Terms of service can be submitted using our contact page.