Terms & Conditions
Last updated: Jan 12, 2019
Thank you for visiting a GiANT Worldwide, LLC website, including giantworldwide.com, giant.tv, 5gears.com, members.5gears.com, 5gears.giantuniversity.com, or executivecore.info. You arrived at this Terms & Conditions page from one of the above sites, referred to herein as “this website”.
These terms and conditions are subject to change by GiANT Worldwide, LLC. (hereinafter “Company”) at any time and at our discretion without notice by updating this posting.
These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions.
Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. GiANT, GiANT Worldwide, and 5 Gears, 5 Voices, 100X Teams, etc. are U.S. registered trademarks of COMPANY and/or its related companies.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at email@example.com.
Limitations on - Use
You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
Order and Return Policies
We generally ship all physical orders within two business days. For any digital products, you will receive an email with login details to our membership site or download page. We also offer a 30-day money back guarantee on our digital products. If you are not completely satisfied, you can request a return for the product within 14 days of the date that you placed your order.
Third Party References / Hyperlinks
This website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
Information You Submit
You hereby warrant that any information you submit to COMPANY through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY.
You further agree that you shall not submit or transmit any content through this web site or to COMPANY that is:
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of a law;
- Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
- Infringes the intellectual rights of a third party;
- Is otherwise offensive or inappropriate based upon the type of content and information provided by COMPANY and/or third parties on this web site.
COMPANY reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in COMPANY’s sole discretion, without liability or warning to you.
COMPANY reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold COMPANY harmless from any consequences or actions taken by COMPANY in cooperation with such law enforcement investigation or court order.
If you need to contact us, you can email us at firstname.lastname@example.org or send us a letter at: GiANT Worldwide, LLC, attention Justin Westbrooks, PO Box 5472, Alpharetta, GA 30023.
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR — USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. YOUR — USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECA– USE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE — USE OF, OR INABILITY TO — USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECA– USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this web site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Effective date: May 25, 2018
Last edited: April 15, 2021
GiANT Worldwide LP (“GiANT,” “We,” “Us”) believes it is important that you understand how GiANT collects, stores, shares and uses information from and about our website visitors, customers and vendors. We adhere to this notice listed on this website [www.GiANTWorldwide.com] ("Website"), in respect of our collection, use and disclosure of personal and non-personal data collected through the Website or in the course of our business activities conducted elsewhere when we act as the controller of that data and when its processing is governed by the EU General Data Protection Regulation (GDPR). This notice does not apply to the information we collect and process in connection with our Consortium service. This notice does not apply to the information collected, stored, shared, or distributed by third-party sites. This notice may be updated from time to time.
Information We Collect Automatically
When you visit our Website, our server automatically collects certain browser or device generated information, which may in some cases constitute personal data, including but not limited to:
- your domain;
- your IP address;
- your date, time and duration of your visit;
- your browser type;
- your operating system;
- your page visits;
- information from third parties;
- other information about your computer or device;
- Internet traffic.
We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.
Information You Provide
In order to access or use certain portions of the Website or enjoy the full functionality of the Website, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
- by filling in forms (for example, a 'Contact Us' form) on our Website or at a trade show or anywhere else we conduct business;
- by downloading documentation from our Website;
- by subscribing to newsletters or other communications;
- by purchasing products or services;
- by corresponding with us or our affiliates by phone, e-mail or otherwise using our contact details; or
- by applying for a job, work placement or internship over our recruitment platform, in relation to which you should also refer to the specific privacy notices made available to you during the recruitment process.
Typically, the personal data you give us may include name, title, business affiliation, business address, telephone number, billing information such as credit card information or ACH details, and email address, and any personal details required to resolve any enquiries or complaints. Where you are applying for a job, work placement or internship, you will be asked to provide certain additional information, for example about your education, employment history and right to work, pursuant to a specific privacy notice for job candidates.
This information is required to enter into a contract with you (such as in anticipation of an employment contract or a services agreement) or provide services at your request, and failure to provide any information may result in our inability to provide requested services or products, or consider your application for employment.
We may also obtain personal data about you from third parties, including publicly accessible sources.
Use of personal data
The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or contract.
All processing (i.e. use) of your personal data is justified by a "condition" for processing. In addition, processing of sensitive personal data (such as information provided for a recruitment application) is always specifically justified. In the majority of cases, processing will be justified on the basis that:
- the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
- the processing is necessary for us to comply with a relevant legal obligation;
- the processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using supplier, customer and Website user data to conduct and develop our business activities with them and with others; or
- you have consented to the processing.
We use the personal data we collect to:
- conduct and develop our business with you and with others;
- process, evaluate and complete certain transactions involving the Website, and more generally transactions involving GiANT's products, services and affiliates;
- operate, evaluate, maintain, improve and develop the Website (including by monitoring and analyzing trends, access to, and use of the Website for advertising and marketing;
- evaluate, improve and develop our products and services generally;
- customize our Website to users' needs;
- engage you about events, promotions, the Website and GiANT's products and services;
- provide you with documentation or communications which you have requested;
- correspond with users to resolve their queries or complaints;
- support and manage a recruitment, work placement or internship process, including considering applications and making offers;
- provide you with any services or products you request;
- send you marketing communications, where it is lawful for us to do so;
- protect and ensure safety of the Website, GiANT confidential and proprietary information, and GiANT employees;
- manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations.
GiANT will not sell or rent your personal data to third parties.
Disclosure of personal data
From time to time it will be necessary to share your personal data with our affiliates and affiliated businesses. GiANT may appoint third party service providers (who will operate under our instructions) to assist us in providing information, products or services to you, in conducting and managing our business, or in managing and improving our products, services or the Website. GiANT may share your personal data with these affiliates and third parties to perform services that the third parties have been engaged by GiANT to perform on GiANT's behalf, subject to appropriate contractual restrictions and security measures, or if we believe it is reasonably necessary to prevent harm or loss, or it believes that the disclosure will further an investigation of suspected or actual illegal activities.
GiANT reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.
We may share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets.
You have a right to obtain details of how your personal data is used by contacting GDPR@giantworldwide.com.
Where lawful to do so, and subject to your consent where required, we may communicate with you by email or social media platforms to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the 'unsubscribe' link provided in our emails, leave sponsored groups on social platforms, or otherwise contact us directly at support@GiANTworldwide.com we will stop sending you communications.
GiANT aims to safeguard and protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and GiANT utilizes and maintains certain reasonable processes, systems, and technologies to do so. However, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by GiANT are subject to compromise. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our control.
Retention of your personal data
We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
In specific circumstances we may also retain your personal data for longer periods of time corresponding to a statute of limitation so that we have an accurate record of your dealings with us in the event of any complaints or challenges.
The Website may contain links to third party sites. Since GiANT does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third-party sites. This notice applies solely to personal data collected by our Websites or in the course of our business activities.
We will take steps in accordance with applicable legislation to keep your personal data accurate, complete and up-to-date. You are entitled to have any inadequate, incomplete or incorrect personal data corrected (that is, rectified).
You also have the right to request access to your personal data as well as additional information about the processing.
In the event your personal data is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Further, you are entitled to object to the processing of your personal data and to have your personal data erased, under certain circumstances.
As from May 25, 2018, you also have the following additional rights:
- Data portability - where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automatic means, you have the right to receive all such personal data which you have provided Us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
- Right to erasure - you are entitled to have your personal data erased under specific circumstances, such as where you have withdrawn your consent, where you object to processing based on legitimate interests and we have no overriding legitimate grounds (see below) or where personal data is unlawfully processed.
- Right to restriction of processing - you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
- you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
- where the processing is unlawful but you do not want us to erase the personal data;
- where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defence of legal claims; or
- where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
Where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defence of legal claims.
- Right to object to processing (including profiling) based on legitimate interest grounds - where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
- Right to object to direct marketing (including profiling) - you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
- You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.
Please contact Us as indicated in Contact Information if you wish to exercise any of your rights, or if you have any enquiries or complaints regarding the processing of your personal data.
Changes to this Notice
Any changes or updates we may make to this Notice will be posted on this page in advance. If we have your email on file, as described in the Marketing Section, we will notify you in advance of any changes to this Notice that are material or may impact you. For other changes, please check back frequently to see any updates or changes to this Notice.
If you have any questions in relation to this notice or you wish to exercise any of your rights, please contact us at: GDPR@giantworldwide.com
Last Revised: August 18, 2015
Thank you for visiting a GiANT Worldwide, LLC web site, including giantworldwide.com, giant.tv, 5gears.com, members.5gears.com, 5gears.giantuniversity.com, or executivecore.info. You arrived at this Earnings Disclaimer from one of the above sites, referred to herein as “this web site”.
The products and services sold on this web site are not to be interpreted as a promise or guarantee of earnings.
Your level of success in attaining the results from using our products and information depends on the time you devote to the program, ideas and techniques used, your finances, knowledge and various skills.
Since these factors differ among each individual, we cannot guarantee your success or income level, nor are we responsible for any of your actions.
Any and all forward-looking statements on this web site or in any of our products are intended to express our opinion of the earnings potential that some people may achieve.
But many factors will be important in determining your actual results, and we make no guarantees that you will achieve results similar to ours or anyone else’s. In fact, we make no guarantees that you will achieve any results from the ideas and techniques contained on our web site or in our products.
To the extent that we included any case studies or testimonials on this site, you can assume that none of these stories in any way represent the “average” or “typical” customer experience.
In fact, as with any product or service, we know that some people will purchase our products but never use them at all, and therefore will get no results whatsoever. You should therefore assume that you will obtain no results with this program.
Even though we make no guarantees that our product will produce any particular result for you, you can still take advantage of our return policy if you are not completely satisfied. In such instances, you can return the product for a refund according to the terms and timelines indicated in our refund policy described in the Terms and Conditions section on this site.
YOU FULLY AGREE AND UNDERSTAND THAT GiANT WORLDWIDE IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.