All of the website assets, including the system of organization and presentation of the files at the website, all text, graphics, visual interfaces, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website is owned, controlled or licensed by or to GotYourBack, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. In case of absence of a separate written agreement with GotYourBack (such as the Standard License Agreement), unconditioned use of the files offered at the website without written permission of GotYourBack is prohibited.
The website content and the website itself are provided for review and use without any personal interference from the side of the website holders (except pre-moderation), conditions and warranties of any kind, expressed or implied. These warranties include conditions and warranties of merchantability. GotYourBack does not guarantee that the website content, its work or the website as a whole will meet the expectations and requirements of the User, nor that the process of its usage will be faultless and without interruption for reason.
The website may provide links to third-party websites, which are not under the control of GotYourBack. GotYourBack makes no representations about third-party websites. When you access a third-party website, you do so at your own risk. GotYourBack is not responsible for the reliability of any data, opinions, advice, or statements made on third-party websites. GotYourBack provides these links merely as a convenience. The inclusion of such links does not imply that GotYourBack endorses, recommends, or accepts any responsibility for the content of such websites.
GOTYOURBACK DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GOTYOURBACK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GOTYOURBACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOTYOURBACK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE Website AND/OR ANY GOTYOURBACK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST GOTYOURBACK FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Customer agrees to indemnify, defend, and hold harmless GotYourBack (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by GotYourBack by reason of, or arising from the following:
Customer’s breach of these Terms;
Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person;
Customer’s actual or alleged failure to promptly pay sums due GotYourBack or third parties;
Customer’s failure to comply with applicable laws, regulations or ordinances;
The acts or omissions of Customer (or its officers, directors, employees or agents).
GotYourBack shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond GotYourBack’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing Law; Dispute Resolution
The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of the United Kingdom, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for the amicable settlement. In case an amicable settlement cannot be reached, all disputes, differences or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.
Questions or Comments
Should you have any questions or comments regarding this License or the limited warranty, you may contact GotYourBack Technologies Ltd. in writing at 36 Aigyptou Avenue, 6030 Larnaca Cyprus or via email.