USER TERMS & CONDITIONS AGREEMENT
Welcome to the GABA APP (the “Company” or “GABA APP”) Website (the “Site”) and to our online Products (the “Products”) and Services described below (the “Services”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. ANY INDIVIDUAL WHO ACCESSES THE GABA APP SITE AND USES THE SITE TO BROWSE OR VIEW THE PRODUCTS OFFERED, OR OTHERWISE USES THE SITE FOR ANY REASON (HEREINAFTER “USER”), MUST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT CHANGE. YOUR ACCESS AND USE OF THE SITE FOR ANY REASON AND/OR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE GABA APP SITE, WHICH ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, DISCONTINUE USE OF THE GABA APP SITE.
USE OF THE GABA APP WEBSITE
By accessing the GABA APP Site, you warrant and represent to GABA APP that you are legally entitled to do so, that YOU ARE AT LEAST 21 YEARS OLD, and can purchase alcoholic beverages under applicable law. Minors are not permitted to use this Site. NO PERSON UNDER THE AGE OF 21, regardless of parental/guardian consent, may create an account or purchase Products from GABA APP.
GABA APP USERS
In order to purchase Products, Users must be AT LEAST 21 YEARS OLD and create an account with GABA APP. Every User must verify their age when creating an account. Every User must possess his or her own account, username and password, whether registered individually or as part of a group account. If purchasing any Products as a gift, the purchaser and the recipient must both be AT LEAST 21 YEARS OLD. You agree that the information you provide us with at registration will be true and accurate at the time of registration, and that you will provide timely updates reflecting any applicable changes.
ACCESS TO GABA APP SITE
GABA APP reserves the right to change any of these Terms and Conditions or any policies or guidelines governing the GABA APP Site, Products, or Services, at any time and in its sole discretion. Any amendment shall be effective immediately upon notice by posting on the Site or any other means of communication. It is your responsibility to review the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.
YOUR CONTINUED USE OF THIS SITE FOLLOWING GABA APP’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS AND CONDITIONS, DISCONTINUE USE OF THIS SITE.
User’s continued use of the Site constitutes an affirmative: (1) acknowledgment by User of these Terms and Conditions and any modifications; and (2) agreement by User to abide and be bound by these Terms and Conditions, including any modifications. These Terms and Conditions comprise the entire agreement between User and the Company, and supersede all prior agreements between the parties regarding the subject matter contained herein.
CREDIT CARD PURCHASES
You hereby certify that you will only use credit cards which are valid and which you have authorization to use for that purpose. Any unauthorized use of a credit card, or use of an invalid card, is fraudulent and may be reported to law enforcement. GABA APP reserves the right to report this, or any activity that it believes may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to fully cooperate with governmental requests and investigations, and in order to protect GABA APP’s customers, its business and systems, and its integrity as a company, GABA APP reserves the right to access and disclose any information it deems necessary or appropriate, including but not limited to user contact details, IP address and traffic information, usage history, and posted content. New customers who place orders over $400 in value will be asked to submit a photo id, and credit card displaying their name on showing at least the last four digits to [email protected] Orders placed using a shipping address that differs from the billing address will have to submit a consent form to [email protected]
DESCRIPTION OF SERVICE – GABA APP SITE RULES
GABA APP is a website and mobile platform that enables Users to purchase alcohol from retailers, vineyards, wholesalers, and distilleries (“Affiliates” or “Vendors”) across the country, where permissible under applicable laws.
The Company and its affiliates attempt to be as accurate as possible. However, GABA APP does not warrant that its Services or other content on the Site is accurate, complete, reliable, current, or error-free. GABA APP may provide links to other sites over which GABA APP has no control. GABA APP is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
By purchasing through the Site, User agrees to be bound by GABA APP’s conditions of sale included in the Service’s description, including price and login requirements, so long as those conditions do not violate the Terms and Conditions or are otherwise unlawful.
Fraud occurs on even the most secure sites, and use of our GABA APP Site is at your own risk. By using the Site, you acknowledge that you are aware of security and privacy limitations, including but not limited to: (1) the limitations of security, privacy, and authentication measures and features of this system; (2) that data or information on the service may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, password breaking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination (including, but not limited to, viruses, worms, and Trojan horses) causing unauthorized, damaging, or harmful access and/or retrieval of information and data on your computer, network, or server as well as other security or privacy hazards; and (3) that data may not reach its destination, or may reach an erroneous address or recipient.
User may change personal information on its existing account only to update the account with correct information. If any information provided by User is incomplete or inaccurate, GABA APP may terminate User’s rights to use the Site. User agrees to promptly update its existing membership account information as the information changes. Failure to promptly update an existing User membership account may result in termination of the account, at GABA APP’s discretion. You agree as a User and in your use of the Site not to use a false or misleading name or a name that you are not authorized to use. Providing fraudulent User information could subject a User to criminal or civil liability.
Once you become a User, you will select a password. Every User must have his or her own unique login information consisting of a username and password. Users are not permitted to share individual passwords or accounts. You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account, username, or password. User agrees to immediately notify GABA APP of any unauthorized use of User’s account, user name, password or any other breach of security known to User. GABA APP membership is non-transferable.
When you visit, our related websites, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
RESERVATION OF RIGHTS
GABA APP reserves the right to refuse service to anyone, for any reason, at any time.
You may not transfer or sell your GABA APP account and User Name and Password to another party. GABA APP may assign the Agreement or any part of it to any person whatsoever.
GABA APP may, in its sole discretion, cancel unconfirmed or inactive accounts, or monitor any activity and content associated with its GABA APP Site and audit or investigate as GABA APP deems appropriate. GABA APP also may conduct its own investigation of any reported User misconduct or violation of its policies or complaints and take any action that it deems appropriate. GABA APP reserves the right to, in its sole discretion, suspend or terminate service, deny access, and/or remove any materials on the GABA APP Site, or any other action it deems necessary. GABA APP also reserves the right, and has complete discretion to take any action to review, edit, or remove any content that violates these provisions or is otherwise objectionable.
Should your account be terminated for any reason, whether by you or by GABA APP, such termination does not affect any payment obligations you may have with GABA APP.
GABA APP retains the right to determine the content, appearance, design, functionality and all other aspects of the GABA APP Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the GABA APP Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list any or all products or Services in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. We reserve the right to stop and/or cancel orders.
The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this Site are registered and unregistered Trademarks of GABA APP. Nothing contained on this Site should be construed as granting any license or right to use any Trademarks without the prior written permission of the website owner. The Trademarks are considered proprietary information of the Company and User understands that the Company will suffer financial, competitive or other harm if User permits or engages in its unauthorized disclosure. GABA APP graphics, logos, page headers, button icons, scripts, and service names are Trademarks or trade dress of GABA APP or its affiliates. GABA APP and its affiliates’ Trademarks and trade dress may not be used in connection with any product or service that is not GABA APP’s or its affiliates’ as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits GABA APP or its affiliates.
External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. GABA APP is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
LICENSE AND SITE ACCESS
GABA APP and its affiliates grant User a limited license to access and make personal use of this Site and the Services. Your limited license does not permit you to photocopy, print or download (other than page caching) or modify it, or any portion of it, except with the express written consent of GABA APP. Your limited license to affiliates’ websites does not permit you to photocopy, print or download (other than page caching) or modify any portion of it, except with the express written consent of GABA APP’s affiliates. This license does not include any resale or commercial use of this Site, affiliates websites, or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site, or affiliates’ websites, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GABA APP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, videos, text, page layout, or form) of GABA APP or its affiliates without the express written consent of GABA APP. You may not use any meta tags or any other ‘hidden text’ utilizing GABA APP’s or its affiliates’ name or Trademarks without the express written consent of GABA APP. Any unauthorized use terminates the permission or license granted by GABA APP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.GABAAPP.com so long as the link does not portray GABA APP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or Trademark of GABA APP or its affiliates as part of the link without our express written permission.
If you, the User, upload material, and unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GABA APP and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GABA APP or its affiliates for all claims arising from content you supply. GABA APP has the right but not the obligation to monitor and edit or remove any activity or content. GABA APP takes no responsibility and assumes no liability for any content submitted by you or any third party.
GABA APP USER REQUIREMENTS
GABA APP disclaims any responsibility for data collection law compliance not exclusively binding upon GABA APP.
You agree that any damage caused by a breach or threatened breach of this provision may result in legal action, subjecting you to monetary damages or injunctive relief, at our election. This confidentiality provision will survive the termination of User’s account.
GABA APP is under no obligation to take or accept a return and may change or amend its refund policy at any time, with or without express notice to a User.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
Users are solely responsible for their conduct and activities on and regarding GABA APP and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that is submitted, posted, and displayed on the Site.
Although we endeavor to provide accurate information, we assume no responsibility for printing or typographical errors not brought to our attention by Users. We will promptly endeavor to correct any printing or typographical errors that are brought to our attention.
Notices given by GABA APP shall be valid when sent by e-mail to the e-mail address registered with the Company.
Except as explicitly stated otherwise, any notices shall be given by certified postal mail to GABA APP Group; Attn: Legal Department, GABA APP, 145 4th Avenue, Apt 17M, New York, NY 10003 (in the case of the Company) or, in your case, to the email address you provide to the Company (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, GABA APP may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to GABA APP. In such case, notice shall be deemed given three (3) days after the date of mailing.
GABA APP CONTRACTORS AND THIRD PARTY SERVICE PROVIDERS GABA APP may use contractors and third party service providers to help with certain aspects of its operations, potentially requiring disclosure of User’s information. GABA APP will place extensive restrictions on the ability of these third parties to use and disclose User’s personal information except as necessary to perform the services they are asked to perform. GABA APP is not responsible for any work product of a third party contractor or service provider retained by GABA APP.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.USER EXPRESSLY WARRANTS THAT THEY ARE AT LEAST 21 YEARS OF AGE AND THAT PRODUCT RECIPIENTS WILL BE AT LEAST 21 YEARS OF AGE AND THAT IT THEY MAY LAWFULLY RECEIVE SHIPMENTS OF ALCOHOLIC BEVERAGES.
GABA APP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COURSE OF DEALINGS, CUSTOM OF TRADE, OR QUIET ENJOYMENT, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. GABA APP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING TO STATE OR FEDERAL LAWS REGARDING THE SALE OR SHIPMENT OF ALCOHOLIC BEVERAGES. . GABA APP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM GABA APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GABA APP MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM GABA APP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISCLAIMER OF LIABILITY
GABA APP MAKES NO WARRANTIES, REPRESENTATIONS, STATEMENTS OR GUARANTEES (WHETHER EXPRESS, IMPLIED IN LAW OR RESIDUAL) REGARDING THE WEBSITE.
THIS SITE IS PROVIDED BY GABA APP ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. GABA APP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. GABA APP RESERVES THE RIGHT TO WITHDRAW, MODIFY OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.
GABA APP SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL), PERSONAL INJURY, DEATH OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU, YOUR PROPERTY OR ANY THIRD PARTY OR SUCH THIRD PARTY’S PROPERTY (INCLUDING YOUR COMPANY), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE WEBSITE, ANY INFORMATION CONTAINED ON THE WEBSITE, YOUR OR YOUR COMPANY’S INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. IN PARTICULAR, NEITHER GABA APP NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY RISK, LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL), PERSONAL INJURY, DEATH OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY SHARE PRICE INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GABA APP BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR THE USE AND APPLICATION OF MATERIAL OBTAINED FROM THE SITE, OR THE PERFORMANCE OF THE GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR RELIANCE DAMAGES (OR OTHER LOSS OF REVENUE, PROFITS OR DATA), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, REGARDLESS OF WHETHER GABA APP KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. BOTH PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK AND ARE REFLECTED IN THE FEES AGREED UPON BY THE PARTIES.
FURTHER, GABA APP’S AGGREGATE LIABILITY FOR ANY FAILURE BY GABA APP TO COMPLY WITH ITS LIMITED OBLIGATIONS TO ANY USER SHALL NOT EXCEED THE GREATER OF (A) $100.00 OR (B) THE TOTAL AMOUNTS PAID BY YOU TO GABA APP FOR THE TRANSACTION GIVING RISE TO LIABILITY UNDER THIS AGREEMENT.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
User’s right to use GABA APP’s Services is exclusive to User. User agrees not to resell or make any commercial use of GABA APP’s Services, without the express written consent of GABA APP. User acknowledges that content appearing on the Site is unique, and proprietary and may be protected by copyrights, trademarks or other proprietary or personal rights and that applicable laws will govern the User’s use of such content. User agrees that without the prior written consent of GABA APP, User shall not resell Products, or use the Site for the transmission of commercial solicitations or for the receipt of responses to commercial solicitations. User agrees not to, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer, sale, or in any way exploit any content obtained through the Service. User agrees not to use the Service for the transmission of (or receipt of responses to) chain letters, lotteries, gambling or pyramid schemes of any kind. User agrees not to use GABA APP’s Services to disseminate any message in a broad-based mailing without the prior written permission of GABA APP. User agrees not to forge communications or take any other action to disguise the origin of communications transmitted through the Site. User will not permit another person to transmit communications that falsely identify the User’s account as the origin of such communication.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software and whether registered or unregistered, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of GABA APP and protected by United States and international copyright laws. All software used on this Site is the property of GABA APP or its software suppliers and protected by United States and international copyright laws.
Any spam, false advertising, spread of misinformation, or generally offensive behavior is strictly prohibited. User is solely responsible for the contents of all transmissions sent through the Service. User’s use of the Service is subject to all applicable local, State, Federal and international laws and regulations. User agrees: (1) to comply with United States law regarding the transmission of technical data exported from the United States through the Site; (2) not to use the GABA APP Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Site; and (4) to comply with all regulations, policies and procedures of networks connected to the Site. User agrees not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, State, Federal or international law or regulation. Attempts to gain unauthorized access through GABA APP to other computer systems are prohibited. GABA APP may, at its sole discretion, immediately terminate Service should User’s conduct fail to conform to these Terms and Conditions. User is responsible for all applicable taxes. User further agrees not to use the Service in a manner which violates any Federal, state or local laws or statute.
RELEASE AND INDEMNIFICATION
User hereby waives, releases, forgives, discharges and relinquishes any and all claims that User now has or may have against GABA APP, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any GABA APP transaction. User hereby agrees to indemnify, defend and hold GABA APP, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by GABA APP, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in this Agreement (except as caused by its gross negligence or willful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any GABA APP transaction and/or by any other person and/or as a result of the User taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. User further agrees to indemnify and hold GABA APP, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User’s use of the Service, the violation of these Terms and Conditions by User, or the infringement by User, or other User using User’s computer, a claimed violation of any intellectual property right or other right of any person or entity.
MODIFICATIONS TO SERVICE
GABA APP agrees to act with respect to each GABA APP transaction in accordance with these Terms and Conditions. The duties and responsibilities of GABA APP and its affiliates shall be limited to those expressly set forth in these Terms and Conditions and it shall not be subject to, or obliged to recognize, any other agreement between, or direction or instruction of, any or all of the parties to any GABA APP transaction.
USER ACKNOWLEDGES AND AGREES THAT GABA APP’S NEITHER GABA APP NOR ITS AFFILIATES SHALL INCUR ANY LIABILITY WHATSOEVER EXCEPT FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. GABA APP AND ITS AFFILIATES SHALL BE FULLY PROTECTED IN RELYING UPON ANY WRITTEN NOTICE, DEMAND, CERTIFICATE OR DOCUMENT, WHICH IT IN GOOD FAITH BELIEVES TO BE GENUINE.
USER CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York. User acknowledges and agrees that any dispute involving GABA APP shall be settled by arbitration in New York, New York in accordance with the commercial arbitration rules of the American Arbitration Association, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the New York courts located in New York County, New York, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either User or GABA APP may seek interim or preliminary relief from a court of competent jurisdiction in New York as necessary to protect the rights or property of User or GABA APP pending the completion of arbitration.
Any provision of these Terms and Conditions, conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction or authorized arbitration body to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Failure by GABA APP to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GABA APP in writing. User and GABA APP agree that any cause of action arising out of or related to this Service must commence within one (1) year; otherwise, such cause of action is permanently barred and User and GABA APP forever waive any such cause of action. The section titles in these Terms and Conditions are solely used for convenience of the parties and have no legal or contractual significance.
GABA APP in its sole discretion may terminate this Agreement, access to the GABA APP Site or the Services, or any current fixed price sales immediately without notice for any reason.
GABA APP, LLC.
145 4th Avenue, Suite 17M, New York, New York
New York, NY 10003
Any failure or delay by GABA APP in exercising any provision of the Terms and Conditions shall not constitute a waiver of any of its rights or remedies under this Agreement.
Any waiver by GABA APP of any breach of, or any default under, the Terms and Conditions by the User shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.