Connect Rewards
1. Membership & Eligibility
The GigaParts Reward Program ("Program") is a free rewards program offered by GigaParts, Incorporated ("GigaParts") to its customers located in the U.S. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual. Member must be age 16 years or older and a legal resident of the United States to be eligible for Membership (see definition of Member in Section 2 of this Agreement). Eligible minors confirm they have obtained their parent's or legal guardian's consent prior to participation.
BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, MEMBER AGREES (OR, IF MEMBER IS A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN HAS AGREED) TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A PROGRAM MEMBER.
Affiliates of GigaParts may also have similar loyalty programs. Membership in the Program does not confer any rights or benefits in the program of any other GigaParts affiliate.
2. Membership; Earning and Redeeming Program Points
Membership Tiers Generally
There is one tier of membership in the Program: Member. All memberships enjoy a variety of benefits made available by GigaParts in its sole discretion from time to time (“Benefits”). Benefits may vary over time and may vary among future tier structures, as GigaParts may develop. The type, timing and availability of any Benefits (including Rewards [as defined below], special offers, sweepstakes, one-of-a-kind experiences, exclusive events and advance access to products) will be determined by GigaParts in its sole discretion.
GigaParts may, in its sole discretion, alter, limit, or modify the membership and future tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.
Member
All entrants into the Program are deemed Members automatically upon enrollment. Subject to removal from the Program (as explained in Section 8 below), a Member will remain a Member indefinitely even if their title is changed as a consequence of certain minimum requirements that may be achieved for future progressive tiers that may be developed by GigaParts in its sole discretion.
Member Points
Under the Program, all membership tiers may have one (1) Member Point credited to their Member Account for every U.S. dollar spent on fulfilled orders of merchandise or service (as applicable based on law) when purchased through gigaparts.com or at participating locations. Fractions of a U.S. dollar on qualifying and fulfilled orders do not qualify for a Member Point.
GigaParts may offer bonus points events from time to time and in that circumstance the bonus points offer would apply. Separate terms and conditions may apply to each bonus points offer.
Customer must provide Member-registered email address, phone number or digital Member card to have any Member Points credited to the customer’s Member Account. If a Member-registered email address, phone number or digital Member card is not presented at time of purchase or if the incorrect information is provided, Member Points may not be transferred or otherwise claimed after the transaction has been completed. Member Points previously credited to the Member Account will be removed if the order that resulted in such points is cancelled or returned.
Any reference to "merchandise", “services” or the value of merchandise and services in these Terms for purposes of collecting Member Points includes all GigaParts products sold online, in GigaParts’ retail locations in the U.S. It also includes payment for paid in-store services, warranties, and ordered equipment modifications. It does not include payment for snacks at vending machines, purchase of gift card, taxes, or shipping.
As part of the Benefits of being a Member, Member Points may be redeemed for rewards made available by GigaParts from time to time in its sole discretion (“Rewards”). The Member is eligible to redeem Member Points for a Reward if he/she has enough Member Points in their Member Account for that specific Reward. Rewards can only be redeemed at retail locations or, if redeemed online, only if shipped to addresses in the U.S.
Member Points themselves have no cash value and can only be redeemed for Rewards. GigaParts may, in its sole discretion, allow Member Points to be redeemed for other benefits or merchandise from time to time. However, unless expressly permitted by GigaParts, Member Points are never redeemable for cash, for products not permitted by GigaParts, for gift cards or for e-gift certificates and Member Points may not be used as payment for certain items or services from time to time.
Member Points Expiration
It is GigaParts’ hope that Members redeem their Member Points on a regular basis. All unredeemed Member Points may expire within 365 days of being earned. If a Member has questions regarding the date of their last Member Point activity or their last purchase, the Member may inquire at any retail location, by calling GigaParts Customer Service Hotline (256-384-1008), or by sending a message via the GigaParts website (https://www.gigaparts.com/contact/).
In addition, Member Points will automatically expire if Membership is revoked or otherwise cancelled for the reasons further detailed in Section 8.
Member Profile Page
Member’s profile page is their destination for everything Member related, including the Benefits associated with the membership and the possible future membership tier(s); Member’s current Member Point balance or Member Point activity stored in the Member Account; available seasonal promotions and offers; to redeem Member Points for Rewards and to redeem gifts or access other membership Benefits
3. Rewards
Generally
GigaParts may offer Rewards from time to time and in its sole discretion. Rewards may vary but are typically select products, product samples, product bundles or experiences. When shopping online, a Member may add Rewards to their online cart, if Member is logged into their Member Account. Member may also select Rewards during the checkout process.
All Rewards offers are for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited, and customer must be a registered Member in order to redeem Reward’s offers. Typically, Members may only redeem one of each Reward per transaction and cannot redeem more than 10 of any one type of Reward per year, depending on possible increased allowances by GigaParts in its sole discretion from time to time. Member Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution, or termination by GigaParts in its sole discretion at any time.
All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Member Points, cash, another product, gift card or e-gift certificate unless pursuant to a specific offer from GigaParts. GigaParts is not responsible for lost, stolen or damaged Rewards. Member is solely responsible for any taxes incurred relating to the receipt of Rewards. Rewards can only be shipped to addresses in the US. Some Rewards may only be available to a resident of the U.S. Employees of GigaParts and GigaParts affiliates are not eligible to redeem any Rewards (as defined below). See specific Rewards for any additional terms and conditions.
Redeeming a Reward
Rewards available for redemption in retail locations or online do not require a merchandise and/or service purchase. Online redeemed Rewards, in and of themselves, may not qualify for free shipping. Rewards redeemed without a merchandise and/or service purchase cannot be used in conjunction with any other promotional codes or promotional discounts during checkout. GigaParts in its sole discretion from time to time may make allowance for certain select merchandise to qualify for free shipping.
If an online order is not completed during the same visit, the Rewards will remain in the shopping cart. However, Rewards items may no longer be available when Member returns and attempts to complete the order. Members are not required to redeem a Reward during checkout. Due to the limited nature of the Rewards, GigaParts may be unable to re-ship Rewards if they arrive damaged, if Member receives the wrong one, or if one is missing from the Member’s order. In the event a Reward arrives damaged, Member receives the wrong one, or one is missing from the Member’s order, please call GigaParts Customer Service Hotline (256-384-1008) write to message via the GigaParts website (https://www.gigaparts.com/contact/).
Online Order Cancellation
Rewards redeemed online may be shipped with merchandise orders. It is possible the Member Account may have a negative balance if Member does not have enough Member Points in his/her account because of the item cancellation while the Reward was delivered. If the entire order is cancelled by the Member, Rewards may not ship if a merchandise purchase is required, and the redeemed Member Points will be returned to the Member Account. If any item(s) cancellation causes the transaction to not qualify for free shipping, the Member will be responsible for shipping costs related to the transaction, including the inserted Reward into the transaction’s delivery.
Redeemed Member Points will be reinstated if an order is cancelled by GigaParts.
If part of the Member Reward’s order is cancelled by GigaParts, GigaParts will reinstate the Member Points of the selected Reward into the Member Account if a request is sent by email to sales@gigaparts.com.
4. Certain Tier Benefits and Rewards Explained
Standard Shipping Benefit
All Members may receive free standard shipping on qualifying online purchases in the U.S., as may be defined by GigaParts for certain programs, promotions, and/or events.
The standard shipping benefit is not valid on international shipping.
Member must check out with a valid Member Account to receive the standard shipping Benefit, on qualifying online purchases. Benefit has no cash value. No adjustments on previous purchases. Benefit is non-transferable. Benefit subject to change, alteration, or termination by GigaParts in its sole discretion at any time.
Member Cash Reward
Member Cash may be a cash-equivalent discount applied to the purchase of merchandise and/or service available to all Members in exchange for redemption of Member Points. (The cash-equivalent discount will be designated in U.S. Dollars.) Member Points to Member Cash conversion rates will be established from time to time by GigaParts in its sole discretion.
Member Cash Reward may be used for the purchase of merchandise and/or service online with a shipping address in the U.S., in compliance with applicable laws, or used in GigaParts retail locations in the U.S. Member Cash is not valid on orders shipping outside the U.S. Please note that the Member Cash Reward can only be used in the U.S. The Member Cash Reward cannot be applied to gift card purchases, previous purchases, gift wrapping, packaging, taxes, or shipping & handling charges.
Order subtotal (after all other discounts have applied) to which the Member Cash Reward is applied must be greater than or equal to $1. Only one Member Cash Reward can be applied per transaction.
Return of merchandise purchased with a Member Cash Reward will be for the price actually paid after applying the discount. Neither the Member Points deducted from the Member Account nor the discount will be refunded. Exchanges of the same item will be credited for the transaction value including the discount.
Member Cash is a cash-equivalent and is not U.S. denominated cash; has no cash value without a purchase; and may not be altered, sold, bartered or transferred. Member Cash may be used with any personal credit card rewards that is independent of GigaParts. Member Cash Reward is applied last after all other promotional discounts have been applied. Member Cash cannot be used on any other promotional offers, discounts or Rewards. Member Cash Reward is subject to change, alteration, or termination by GigaParts in its sole discretion at any time.
5. Agreeing to GigaParts' Privacy Policy & Email
GigaParts values every customer and Member’s privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, THE MEMBER AGREES (OR, IF THE MEMBER IS A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY GIGAPARTS' APPLICABLE PRIVACY POLICY AND GIGAPARTS’ WEBSITE POLICIES. Within GigaParts’ privacy policies, GigaParts collects, retains, and utilizes information to enhance its customers’ shopping experiences and improve its operations, and it will use the information to protect its customers by detecting security incidents and safeguarding against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated Member Points and benefits or to violate these Terms.
6. Members and GigaParts at Affiliates and Service Providers
Information Sharing with Affiliates
If Member applies for Membership in the Program at a GigaParts’ retail locations or gigaparts.com and Member exercises his/her Membership privileges at a GigaParts’ retail locations and/or gigaparts.com, the personal, functional and purchasing information collected from Member will only be used by and disclosed to GigaParts as indicated in its Privacy Policy and Terms of Use in Section 5 above, but GigaParts may also need to share functional and purchasing information with its affiliates so Member may enjoy the benefits of the Membership and the Program at any GigaParts retail location and/or gigaparts.com. This sharing will permit Member to earn Member Points on his/her purchases at GigaParts retail locations and online, redeem Member Points for Rewards at GigaParts retail locations and online and certain other Benefits offered by the Program from time to time. GigaParts has agreed with its affiliates that any information obtained about Members by GigaParts’ through Member’s application for the Program or Member’s use of his/her Membership at a GigaParts’ retail location and gigaparts.com will be used only to administer the Program, for its own internal analysis and for GigaParts to communicate with Member by email or direct mail (unless Member has unsubscribed from marketing emailer direct mail from GigaParts). GigaParts may also share GigaParts Information with its service providers solely to perform the above functions related to the Program at GigaParts, subject to an agreement from such service providers to keep the GigaParts Information confidential. GigaParts has also agreed that it will not otherwise use, rent, sell or share the GigaParts Information.
Member Account will reflect the GigaParts information Member provides to GigaParts and will also enable Member to access certain benefits at any GigaParts retail location and/or gigaparts.com.
7. Communications with GigaParts; How to Opt Out
By submitting an application for Membership in the Program, Member agrees (or, if Member is a minor, the Member’s parent or legal guardian agrees) to receive advertising, marketing materials and other communications from GigaParts. By signing up to join the Program, Member will automatically be subscribed to receive Program emails.
If Member does not wish to receive these communications, Member can request that they be discontinued by updating Member’s client profile at www.gigaparts.com or by calling GigaParts Customer Service Hotline (256-384-1008) or messaging via the GigaParts website (https://www.gigaparts.com/contact/).
8. Changes, Termination and/or Removal from Program, Account Closure
Program Changes: GigaParts may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the GigaParts website.
MEMBER’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES MEMBER’S ACCEPTANCE OF THE CHANGES.
Termination or Removal from Program: GigaParts reserves the right to exclude individuals from the Program, remove Member Points from a Member’s Account and/or cancel orders that are not consistent with GigaParts policy in its sole but reasonable discretion. In particular, any abuse, manipulation or "gaming" of the Program or its rules (as determined by GigaParts) including failure to follow any terms of the Program, Membership inactivity for more than 12 months, reselling Rewards, any misrepresentation or any conduct detrimental to the interests of GigaParts not otherwise protected by law may subject Members to Membership revocation or deduction of Member Points obtained through these abusive or manipulative activities, cancellation of orders and may affect eligibility for further participation in the Program. GigaParts may use a third-party provider to monitor purchases and identify activities that violate the terms of the Program or GigaParts policy. GigaParts uses this data to help it make decisions regarding participation in the Program, awarding of Member Points and order fulfillment. Membership is non-transferable and Membership purchases must be made by the Member. If the Member’s Membership is revoked or otherwise cancelled, any Member Points in Member Account will automatically expire. GigaParts reserves the right to make changes to its Website and these Terms at any time. It is the Member’s responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, Member hereby agrees to be bound by any such changed Terms. Account Closure: If Member chooses to close his/her Member Account, Member may do so by calling GigaParts Customer Service Hotline (256-384-1008) or messaging via the GigaParts website (https://www.gigaparts.com/contact/) or via self-closure at any GigaParts retail location. Member Accounts that are closed can be re-opened upon request by calling GigaParts Customer Service Hotline (256-384-1008) or messaging via the GigaParts website (https://www.gigaparts.com/contact/) or via self-closure ay any GigaParts retail location. If Member closes his/her Member Account, Member must agree to the terms of closure:
Member may no longer be able to log into his/her Member Account, and GigaParts employee or GigaParts’ designated affiliate will not be able to check Member Account in GigaParts retail locations.
Member will forfeit all of his/her existing Member Points, tier status, and tier benefits.
Member will no longer accrue Member Points on purchases or receive any Benefits of the Program.
Member may be opted out of all GigaParts marketing, including emails, SMS, and push notifications.
Any account linked to Member’s Member Account may be unlinked.
If Member has subscribed to any other qualified GigaParts services, those other GigaParts’ subscriptions and services may end without any refund and the annual renewal may be canceled.
Closing the Member Account will not affect open orders, returns, and paid service appointments.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GIGAPARTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANYKIND ARISING OUT OF OR IN CONNECTION WITH MEMBER’S PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON GIGAPARTS’ LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, MEMBER WILLINGLY AGREES (OR, IF MEMBER IS A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT MEMBER HAS RELINQUISHED HIS OR HER RIGHT TO SEEK THESE DAMAGES FROM GIGAPARTS AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
FORUM SELECTION: Member agrees that, in their participation in the Program, the whole of the Member’s transaction(s) will be construed as having been wholly performed at the physical GigaParts location(s) involved in the transaction(s), and the Member further understands and agrees that the jurisdiction(s) of any transaction(s) conducted in part or in whole under this Program and Agreement shall be the governed exclusively by the jurisdiction(s) of the physical GigaParts location(s) involved in the transaction(s)—without any consideration, regard or partiality from where the Member was occupying, had residency, and/or had initiated and/or completed any transaction(s) performed in part or in whole under this Program and Agreement. The Member understands and accepts the described and selected jurisdiction(s), and the Member waives their right to litigate in any other jurisdiction.
LITIGATION CONDUCT: Member agrees to indemnify, defend and hold harmless GigaParts, its Owners, Officers, Employees and Partners from all claims or suits arising out of or relating to Member’s participation in the Program. In the event GigaParts is required to defend such a claim or suit, Member agrees to pay for the costs related to GigaParts’ defense, including reasonable attorney’s fees, and for the collection of these costs. Notwithstanding the Forum Selection described and established for transactions related in part or in whole to this Program, Member agrees that this Agreement shall be construed and enforceable according to the laws of the State of Alabama and that Madison County, Alabama will be the jurisdiction for suits related to the enforcement of this Agreement.
10. Copyright
All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright © GigaParts, Incorporated, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement, and assembly) of all Program content is the exclusive property of GigaParts and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of GigaParts or its software suppliers and is protected by U.S.
and international copyright laws. Unless otherwise indicated, no part of the Program materials is permission granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. ANY OTHER USE OF PROGRAM MATERIALS – INCLUDING REPRODUCTION, MODIFICATION, DISTRIBUTION, REPUBLISHING, TRANSMISSION, DISPLAYER PERFORMANCE – WITHOUT PRIOR WRITTEN PERMISSION OF GIGAPARTS IS STRICTLY PROHINITED.
11. Resolving Disputes
If a dispute should arise between Member and GigaParts, GigaParts wants to provide Member with a resolution that is efficient and cost effective. In GigaParts experience, almost all customer service disputes can be resolved to Member’s satisfaction by GigaParts’ customer service team, reachable by calling GigaParts Customer Service Hotline (256-384-1008) or messaging via the GigaParts website (https://www.gigaparts.com/contact/).
If Member’s dispute cannot be resolved using GigaParts customer service team, these Terms describe how the Member and GigaParts shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, MEMBER AND GIGAPARTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Agreement to Arbitrate Disputes – U.S. Residents Only
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT THE MEMBER’S LEGAL RIGHTS, INCLUDING HIS OR HER RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR HIS OR HER CLAIMS. THIS REWARDS PROGRAM AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE MEMBER AND GIGAPARTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF THE MEMBER IS A U.S. RESIDENT, MEMBER AGREES TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
MEMBER AND GIGAPARTS BOTH AGREE TO ARBITRATE: Member and GigaParts (any separately “Party” or both jointly “Parties”) agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent Member has in any manner violated or threatened to violate GigaParts’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances GigaParts may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: If a dispute cannot be settled between the Parties using GigaParts’ customer service team, as described in Section 11 of this Agreement, either Party may seek a legal remedy using Arbitration. However, the Parties are encouraged to mediate prior to arbitrating, using the Alabama Center for Dispute Resolution, Inc. (“ACDR”). Mediation can save time and money, by either resolving the matter or narrowing the issues to be arbitrated.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Although Arbitration is more informal, the arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief), and the arbitrator’s decision shall be final and binding. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated in the State of Alabama, using the ACDR. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered as facilitated by the ACDR in accordance with its commercial arbitration rules [or other applicable rules], and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If there is a conflict between ACDR rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. To initiate arbitration, either Party must do the following things:
(1) Write a Demand for Arbitration (“DA”). The demand must include a description of the Claim and the amount of damages sought to be recovered.
(2) Select an arbitrator (https://alabamaadr.org/web/roster-arbitrators/index.php) and send three (3) copies of the DA, plus the appropriate filing fee in accordance with the rules of ACDR and arbitrator’s requirements.
(3) Send one copy of the Demand for Arbitration to the other Party.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of the Parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the Parties.
NO CLASS ACTIONS: Member may only resolve disputes with GigaParts on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and
disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between the Parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, THE PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. MEMBER ACKNOWLEDGES THAT HE OR SHE HAS BEEN ADVISED THAT HE OR SHE MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: Member may decline this agreement to arbitrate, only if obligated by law or regulation of the Member’s registered or legal address’ jurisdiction by messaging via the GigaParts website (https://www.gigaparts.com/contact/) and providing the requested information as follows: (1) Member’s Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Member’s Address; (4) Member’s Phone Number; (5) and clear statement that Member wishes to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be messaged no later than 30 days after the date Member first accepts the Terms by signing up for the Program.
13. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits GigaParts and U.S. residents to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Alabama, excluding its conflict of law rules. If Member is a U.S. resident, Member further expressly consents and agrees to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Madison County, Alabama.
14. Severability
The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the Parties that such modification or restriction may be accomplished unilaterally by GigaParts, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
15. Notice of Financial Incentive
Under certain state laws, loyalty and/or reward programs may be considered a financial incentive, and it is the responsibility of the Member to comport himself or herself, to make timely report(s) to his/her state’s interested agencies in accordance with those related laws of the Member’s jurisdiction. The Member will make prompt notice to GigaParts of any and all conflicting matters that the Member may invite by accepting the terms set forth in this Agreement, and the Member agrees to relieve GigaParts of any stated or implied administrative, financial and/or legal obligations under terms or conditions of those related laws of the Member’s jurisdiction that are not included in this Agreement.
16. Additional Information on the Program
If Member has any questions regarding the Program, Member may call GigaParts Customer Service Hotline (256-384-1008) or message via the GigaParts website (https://www.gigaparts.com/contact/).