Last updated: 11 August 2014
The following terms and conditions (including any documents referred to in them) (collectively, the "Terms of Service"),
apply to your use of the Giancolianswers.com website and all *.giancolianswers.com subsites (collectively, "Giancoli Answers"), as well as any content, functionality
and services offered to you, whether as a guest or a registered user, on or through Giancoli Answers.
Giancoli Answers is owned by Shaun Dychko, and operated by Shaun Dychko and associates ("we" or "us" or "The Company"). We may revise and update these Terms of Service from time to time in our sole discretion.
If we make any material changes to these Terms of Service, we will notify you by posting a notice on Giancoli Answers before the changes are effective. Your continued use of Giancoli Answers following the posting of revised Terms of Service means that you accept and agree to the changes.
- By using Giancoli Answers, you represent and warrant that you are 13 years old or older. Children under 13 can create an account only with prior verifiable parental consent.
- To access Giancoli Answers or some of the resources it offers, you will need to create an account and provide your email address and a password. You may also customize your automatically generated username. Some resources require you to enter your credit card information which will be sent directly to our payment processor Stripe. Giancoli Answers will store a token provided by Stripe which represents your credit card information.
- You are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under the account. You must treat your username and password as confidential, and you must not disclose it to any third party.
- You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account (typically by clicking the "Log Out" link, but might also include clearing the web browser history and cookies) at the end of each session from a public or shared computer.
- We have the right to disable any username or password at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service.
- User accounts are intended for personal use by an individual, unless the account was created for the express purpose of providing access to multiple students at an educational institution.
- Accounts created by automated methods (e.g. bots) will be blocked when discovered.
- Giancoli Answers, its features and functionality are owned by Shaun Dychko.
- Giancoli Answers and Shaun Dychko are not associated with any other publisher, including the textbook publisher.
- Book cover images, titles, and author names appear for reference purposes only and remain the property of their respective owners.
- Content, including videos, may not be distributed by any means, nor downloaded to a user's device for the purpose of offline use or storage.
- Content, including user-generated content like comments, discussions, and testimonials, on Giancoli Answers become the property of Shaun Dychko. It is the user's responsibility to obtain appropriate licensing and attribution for content they post to Giancoli Answers. Content without appropriate licensing or attribution will be removed.
- You may use Giancoli Answers only for lawful purposes and in accordance with these Terms of Service.
You agree that:
- You are responsible for what you publish.
- The content you publish will not contain any material which is defamatory, obscene, indecent, abusive,
offending, harassing, violent, hateful, inflammatory or otherwise objectionable.
- The content you publish will not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- The content you publish will not knowingly infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- You will not use Giancoli Answers to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including and "spam", "junk mail", "chain letter" or any other similar solicitation.
- You will not impersonate or attempt to impersonate Shaun Dychko and any associates, another user, or person or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing).
- The languate of Giancoli Answers is English. Content you publish will be written in Engligh.
Additionally, you agree not to:
- Use the Website in any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Canada or other countries)
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any device, software or routine that interferes with the proper working of the Website
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or
- Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement
- Accounts (user or educational institution) which do not follow the guidelines listed above will be blocked. Content which does not follow the guidelines listed above will be removed.
- We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Giancoli Answers or terminate your access to all or part of the Giancoli Answers for any or no reason, including without limitation, any violation of these Terms of Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Giancoli Answers.
- You waive and hold harmless the Shaun Dychko and associates from any claims resulting from any action taken by the Shaun Dychko and associates during or as a result of investigations by either the Shaun Dychko and associates or law enforcement authorities.
- We cannot and do not undertake to review all materials before they are posted on Giancoli Answers, and cannot ensure immediate removal of any objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided for Giancoli Answers by any user or third party.
- We do not warrant the accuracy, completeness or usefulness of any content posted on Giancoli Answers. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Giancoli Answers, or by anyone who may be informed of any of its contents.
- You can delete your account at any time. Upon deletion all private and personally identifying information from your profile will be deleted. The data will stay in Giancoli Answers backups indefinitely.
- Public content you created, such as comments or schools you associated with your account, won't be deleted. All this content will attributed to an "Aonymous" user.
- Once deleted, your account is gone and can not be restored.
- You may link to Giancoli Answers, provided you do so in a way that is fair and legal and does not suggest any form of association, approval or endorsement on our part where none exists. Giancoli Answers must not be framed on any other site. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
- Links from Giancoli Answers to other sites and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to Giancoli Answers, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Giancoli Answers will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
- Limitation on Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, Giancoli Answers, ANY WEBSITES LINKED TO IT, ANY CONTENT ON Giancoli Answers OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH Giancoli Answers OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Arbitration. All disputes (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future)
against Giancoli Answers or Shaun Dychko or associates, its agents, employees, affiliates, successors and assigns, relating to these Terms of Service
or any aspect of Giancoli Answers will be resolved by binding arbitration administered by an arbitration service provider chosen by Shaun Dychko under
its arbitration rules then in effect. That arbitration will be conducted before a single neutral arbitrator and will be limited solely to the
dispute between Shaun Dychko, associates, and you, the user. The arbitration will be conducted in Vancouver, BC, Canada, or by telephone or online.
Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Either you or Shaun Dychko may, without violating this provision, seek from a court any equitable relief that may be necessary to protect the rights or
property of that person pending the appointment of an arbitrator (or pending the arbitrator's determination of the merits of the controversy),
and in those cases, you irrevocably submit to the jurisdiction of any court sitting in the Province of British Columbia, Canada, you waive any objection
to jurisdiction and venue in those courts and any claim that forum is inconvenient, and you agree not to initiate any proceeding against Shaun Dychko or associates
in any other jurisdiction.
- ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver and Severability. No waiver of these Terms of Service by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction or the arbitrator to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF Giancoli Answers OR ANY SERVICES OR ITEMS OBTAINED THROUGH Giancoli Answers OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH Giancoli Answers IS AT YOUR OWN RISK. Giancoli Answers, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH Giancoli Answers ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF Giancoli Answers. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT Giancoli Answers, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH Giancoli Answers WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT Giancoli Answers OR ANY SERVICES OR ITEMS OBTAINED THROUGH Giancoli Answers WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.