These Terms and Conditions (the "Terms") are a legal contract between you and Gydable LLC. These Terms explain how you are permitted to use the Gydable application and services, as well as the Gydable website located www.gydable.com and any content therein (collectively, the "Services"). Unless otherwise specified, all references to the "Services" include the services available through the Gydable website, as well as any software that Gydable provides to you that allows you to access the Services from any device. By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services.
These Terms contain a dispute resolution and arbitration provision, including class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with Gydable. You may opt out of the binding individual arbitration and class action waiver as provided below.
Content and Services Changes
Gydable may make changes to the content and services at any time. Gydable can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Services or by notifying you via the App. By using the Services after Gydable has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.
Gydable provides content through the Services that is copyrighted and/or trademarked work of Gydable or Gydable's third-party licensors and suppliers or other users of the Services (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Gydable hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed materials.
The Services are made available via Web Applications. To use the Web Application, you must have a device that is compatible with the web service. Gydable does not warrant that the Web Application will be compatible with your devices. Gydable hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Web Application for one registered account on one device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Web Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Web Application to any third-party or use the Web Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Web Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Web Application, features that prevent or restrict use or copying of any content accessible through the Web Application, or features that enforce limitations on use of the Web Application; or (v) delete the copyright and other proprietary rights notices on the Web Application. You acknowledge that Gydable may from time to time issue upgraded versions of the Web Application, and may automatically electronically upgrade the version of the Web Application that you are using on your device. You consent to such automatic upgrading on your device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Web Application or any copy thereof, and Gydable and its third-party licensors or suppliers retain all right, title, and interest in and to the Web Application (and any copy of the Web Application). Standard carrier data charges may apply to your use of the Web Application.
By using the Services, you consent to receiving electronic communications from Gydable. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Gydable. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
When using the Services and/or the services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Gydable reserves the right to (a) terminate access to your account, your ability to post to the Services (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Gydable determines is inappropriate or disruptive to the Services or to any other user of the Services. Gydable may report Gdyable's discretion, Gydable will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold Gydable and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Gydable or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Intellectual Property Infringement
Gydable respects the intellectual property rights of others, and we ask you to do the same. Gydable may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our site, please provide Gydable's designated agent the following information:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any
person who knowingly materially misrepresents that material or activity is infringing may be
subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Gydable designated agent that includes all of the following information:
Termination of Repeat Infringers
Gydable reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Disclaimer of Warranties
Your use of the Services and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Gydable, and they may include inaccuracies or typographical or other errors. Gydable does not warrant the accuracy of timeliness of the Materials contained on the Services. Gydable has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Materials, whether provided by Gydable, our licensors or suppliers or other users. Gydable, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE"AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Gydable DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
Gydable SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. IN NO EVENT SHALL Gydable BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Gydable KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Dispute Resolution and Arbitration
Most customer concerns can be resolved quickly and to a customer's satisfaction by contacting us. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Gydable. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Provision carefully. It provides that all Disputes between you and Gydable shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney's fees). For the purpose of this Provision, "Gydable" means Gydable and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Gydable regarding any aspect of your relationship with Gydable, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Gydable's licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.