TERMS AND CONDITIONS
Welcome to GVBackapp,com (“the Site,” “the service,” “services”, “us,” “we”, "our", "company", "website"). The Site is operated by GVBack, LLC (the "Company," "we," “our” “GVBack”, "GV Back", or "us”). By accessing or using our Site, mobile application (“App”), or services you signify that you have read, understand, and agree to be bound by these Terms and Conditions ("Terms and Conditions or “Agreement"), regardless of whether you are a registered user of the Site or App. By visiting our Site, using our App, or signing up for any of our services, you engage in our Services (the “Service”, “Services”). These Terms and Conditions apply to all users of the Site and App. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site, App or any of our services.
Any new features, content or services which are added, at our sole discretion, shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on March 1, 2021.
Section 1 – Account Creation
You need an account for most services provided by the Company. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account. Users must be at least 13 years old to access our Site, App or use our Services. Users under the age of 18 must receive parental consent to create an account and use the Services. If we discover that you have created an account that violates these rules, we will terminate your account.
Section 2 - Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. You agree not to use the Service for any commercial purposes, or to download, save, copy, transmit or distribute the content of the Service, including without limitation on any other website or networked computer environment, except as specifically allowed in this Agreement. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service and content.
2.2. Company may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modification, suspension, or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service or remove certain content without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
2.3. You expressly agree that the content of the Service may be viewed and accessed only by end users (i.e., you), and not by any other website or web publisher (e.g., you assisting in the “scraping” of content is expressly forbidden).
Section 3 - Intellectual Property.
Unless otherwise specified in writing, all materials and content that are part of the Service are owned, controlled, or licensed by Company and its licensors and are protected by law from unauthorized use. The entire contents of the Service (including without limitation all visual content, audio visual content, and text (the “Content”), and the arrangement, sequence, structure, and organization of the Service, are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. GV Back’s logos are trademarks of Company and may not be used without the express written permission of Company. You do not acquire any ownership rights by using the Service or downloading material from the Service, you have during this Agreement only the limited right to use the Service.
Section 4 - Usage Rules.
Section 5 - Privacy and Protection of Personal Information.
Section 6 – User Content.
The Service may allow you to create, upload, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Services (“User Content”).
6.1. License to Company. Unless otherwise agreed to in a written agreement between you and Company, if you submit, transmit, display, perform, post, or store User Content using the Services, you grant Company and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Company and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service. You also acknowledge that Company may retain, distribute, or perform, server copies of User Content that have been removed or deleted from the Site.
6.2. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Company reserves all rights and remedies against any users who breach these representations and warranties.
6.3. Content is Uploaded at Your Own Risk. Company uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Company does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Company shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Company for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY COMPANY HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Section 7 - Disclaimers; Limitations; Waivers of Liability.
7.1. The Content provided through the Service, is for entertainment purposes only.
7.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GV BACK PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE GV BACK PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE GV BACK PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOU HAVE PAID THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
7.4. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 8 - Release.
Unless you are a governmental organization, you forever release, discharge, and covenant not to sue the GV Back Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the GV Back Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the GV Back Parties if anything happens to you, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 9 - Indemnification.
You agree at all times to indemnify, defend and hold harmless Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, causes of action, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of or related to your our service, your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 10 - Third Party Sites and Products.
Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 11 - Governing Law and Dispute Resolution.
These Terms and Conditions and any separate Agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of California. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County and waive any objection to such jurisdiction or venue.
You also agree that, in the event, any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles County, California with a mutually agreed mediator to settle the dispute. You agree that if the matter cannot be resolved by mediation, the dispute shall be resolved by final and binding arbitration in Los Angeles County, California under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF OUR PRODUCTS OR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 12 – Severability.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 13 - Miscellaneous.
Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information provided on the Service 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 the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service 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. This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with the Company relating to the Service. This Agreement contains the entire understanding of you and Company and supersedes all prior understandings between the parties concerning its subject matter and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 14 - Statute of Limitations.
Section 15 - Changes to this Agreement.
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 16 – Entire Agreement
The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 17 – Contact Information
Questions about the Terms and Conditions should be sent to us at email@example.com.