TERMS AND CONDITIONS
Last updated April 30, 2025
AGREEMENT TO OUR LEGAL TERMS
We are
Gathyr, co. ("Company," "we," "us,"
"our").
We operate the website
https://gathyr.co
(the "Site"), the mobile application
Gathyr (the
"App"), as well as any other related products
and services that refer or link to these legal terms (the
"Legal Terms") (collectively, the "Services").
You can contact us by phone at
(+1)7038617145, email at
kaelyn@gathyr.co,
or by mail to
721 Massachusetts Ave NE, Washington, DC 20002, USA, Washington,
DC
20002, United States.
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and
Gathyr, co., concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from
time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal Terms
from time to time. We
will alert you about any changes by updating the
"Last updated"
date of these Legal Terms, and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Legal Terms by your continued use of
the Services after the date such revised Legal Terms are posted.
The Services are intended for users who
are at least 18 years old. Persons under the age of 18 are not permitted to
use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
__________
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties
in the United States and around the
world.
The Content and Marks are provided in or through the Services
"AS IS"
for your personal, non-commercial use
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES"
section below, we grant you a non-exclusive, non-transferable, revocable
license
to:
-
access the Services; and
-
download or print a copy of any portion of the Content to which you have properly
gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to:
kaelyn@gathyr.co. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure
that any copyright or proprietary notice appears or is visible on posting, reproducing,
or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES"
section carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us
all intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality during
which you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ("Contributions"). Any Submission that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a
license
(including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store,
publicly perform, publicly display, reformat, translate, excerpt (in whole or in part),
and exploit your Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your Contributions, and to
sublicense the licenses
granted in this section. Our use and distribution may occur in any media formats and
through any media channels.
This license
includes our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and commercial images
you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions
through any part of the Services or making
Contributions accessible through the Services by linking your account through the
Services to any of your social networking accounts,
you:
-
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all moral rights to any
such Submission and/or Contribution;
-
warrant that any such Submission and/or
Contributions are original to you or
that you have the necessary rights and
licenses
to submit such Submissions and/or
Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
-
warrant and represent that your Submissions
and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or
Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any Contributions at
any time without notice if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also
suspend or disable your account and report you to the authorities.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information and promptly update
such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (6) you will not use the Services for any illegal or
unauthorized
purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion
thereof).
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Services. You further agree to promptly update account
and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in __________.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household, or per
order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from
us.
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Services, including
features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the
Services and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion,
us and/or the Services.
-
Use any information obtained from the Services in order
to harass, abuse, or harm another person.
-
Make improper use of our support services or submit
false reports of abuse or misconduct.
-
Use the Services in a manner inconsistent with any
applicable laws or regulations.
-
Engage in
unauthorized
framing of or linking to the Services.
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation,
or maintenance of the Services.
-
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and
extraction tools.
-
Delete the copyright or other proprietary rights notice
from any Content.
-
Attempt to impersonate another user or person or use
the username of another user.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active
information collection or transmission mechanism,
including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as
"spyware" or "passive
collection mechanisms" or "pcms").
-
Interfere with, disrupt, or create an undue burden on
the Services or the networks or services connected to
the Services.
-
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of
the Services to you.
-
Attempt to bypass any measures of the Services designed
to prevent or restrict access to the Services, or any
portion of the Services.
-
Copy or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other
code.
-
Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of
the Services.
-
Except as may be the result of standard search engine
or Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or
launch any
unauthorized
script or other software.
-
Use a buying agent or purchasing agent to make
purchases on the Services.
-
Make any
unauthorized
use of the Services, including collecting usernames
and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
-
Use the Services as part of any effort to compete with
us or otherwise use the Services and/or the Content for
any revenue-generating
endeavor
or commercial enterprise.
7. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Services
and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby
represent and warrant that:
-
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to
authorize
us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and these
Legal Terms.
-
You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Services and these Legal
Terms.
-
Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of solicitation.
-
Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
-
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
-
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
-
Your Contributions do not violate any applicable law, regulation,
or rule.
-
Your Contributions do not violate the privacy or publicity rights
of any third party.
-
Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.
-
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
-
Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and
license
to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole
or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and
authorize sublicenses
of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license
will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to
re-categorize
any Contributions to place them in more appropriate locations on the
Services; and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to monitor
your Contributions.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic
devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application
license
contained in these Legal Terms. You shall not: (1) except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the App; (2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the App; (5) use the App for any revenue-generating
endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6)
make the App available over a network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive with or in any way a
substitute for the App; (8) use the App to send automated queries to any website or to
send any unsolicited commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or devices for
use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or
Google Play (each an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable
license
to use the application on a device that utilizes
the Apple iOS or Android operating systems, as applicable, and in accordance with the
usage rules set forth in the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with respect to the App
as specified in the terms and conditions of this mobile application
license
contained in these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the App; (3) in the event of any
failure of the App to conform to any applicable warranty, you may notify the applicable
App Distributor, and the App Distributor, in accordance with its terms and policies, may
refund the purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation whatsoever
with respect to the App; (4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has been designated by the
US government as a "terrorist supporting"
country and (ii) you are not listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable third-party terms of agreement
when using the App, e.g.,
if you have a VoIP application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license
contained in these Legal Terms, and that each App Distributor will have the right (and
will be deemed to have accepted the right) to enforce the terms and conditions in this
mobile application license
contained in these Legal Terms against you as a third-party beneficiary thereof.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: __________. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in
the United States. If you access the
Services from any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws in
the United States, then through your continued use of the Services, you
are transferring your data to
the United States, and you expressly consent to have your data
transferred to and processed in
the United States.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time
or for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services during
any downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance
with the laws of
the State of
__________
applicable to agreements made and to be entirely performed within the State of
__________, without regard to its conflict
of law principles.
15. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal
relationship established by these Legal Terms to the jurisdiction of the
__________ courts.
Gathyr, co. shall also maintain the right to bring proceedings
as to the substance of the matter in the courts of the country where you reside or, if these
Legal Terms are entered into in the course of your trade or profession, the state of your
principal place of business.
16. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of:
(1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense
and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing
the performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such loss or
corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic
means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.
24. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Gathyr, co.
721 Massachusetts Ave NE, Washington, DC 20002, USA
Washington,
DC
20002
United States
Phone:
(+1)7038617145
kaelyn@gathyr.co