Please read these terms carefully before using GBERN TECH software and services.
These Terms of Service ("Terms") govern your access to and use of GBERN TECH's websites, software applications, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
To use our Services, you must be at least 18 years of age or the age of majority in your jurisdiction, and have the legal capacity to enter into binding contracts. By using our Services, you represent and warrant that you meet these eligibility requirements.
Registration: Certain Services may require you to create an account. You agree to:
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
GBERN TECH provides enterprise software development, cloud infrastructure, cybersecurity solutions, and related technology services. Specific features and functionalities of our Services are described on our website and in applicable service agreements.
Service Changes: We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.
Beta Services: We may occasionally offer beta features or services for testing and evaluation. These are provided "as is" and may be discontinued at any time without notice.
You are responsible for:
We are not liable for any loss or damage arising from your failure to comply with these security obligations.
Certain Services require payment of fees. All fees are stated in U.S. dollars unless otherwise specified. You agree to pay all applicable fees as described on our website or in your service agreement.
Payment is due as specified in your invoice or service agreement. Late payments may be subject to interest charges of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower.
All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, excluding taxes based on our net income.
Unless otherwise specified in a separate agreement, fees are non-refundable. We may, at our discretion, issue refunds or credits in specific circumstances.
We reserve the right to change our pricing at any time. Price changes for subscription services will be communicated at least 30 days in advance and will take effect at the start of the next billing cycle.
All rights, title, and interest in and to the Services, including all software, code, designs, graphics, trademarks, and content (excluding User Content), are and will remain the exclusive property of GBERN TECH and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
You retain ownership of any intellectual property rights that you hold in User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Services to you.
Any feedback, comments, or suggestions you provide regarding the Services is voluntary, and we may use such feedback without restriction or obligation to you.
You agree not to use the Services to:
We reserve the right to investigate and take appropriate legal action against anyone who violates this provision.
Our Services may integrate with or contain links to third-party websites, services, or applications. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices.
Your use of third-party services is at your own risk. We do not endorse, warrant, or assume responsibility for any third-party services, and we will not be liable for any loss or damage caused by your use of such services.
You may terminate your account at any time by contacting us or using the account termination features within the Services.
We may suspend or terminate your access to the Services immediately, without prior notice, for any reason, including but not limited to:
Upon termination:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GBERN TECH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GBERN TECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO GBERN TECH IN THE PAST SIX MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the limitation of liability for certain damages, so some of these limitations may not apply to you.
You agree to defend, indemnify, and hold harmless GBERN TECH, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees, arising out of or in any way connected with:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Before filing a claim against GBERN TECH, you agree to attempt to resolve the dispute informally by contacting us at legal@gberntech.com. We will try to resolve the dispute informally within 60 days.
Any dispute arising from or relating to these Terms that cannot be resolved informally shall be resolved through binding arbitration in San Francisco, California, rather than in court. The arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association.
YOU AND GBERN TECH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized use or disclosure of confidential information.
We may modify these Terms at any time. If we make material changes, we will provide notice through the Services or by other means, giving you an opportunity to review the changes before they become effective.
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the new terms, you must stop using the Services.
The "Effective Date" at the top of this page indicates when these Terms were last revised.
If you have questions about these Terms, please contact us:
legal@gberntech.com
3218 E Bell Rd #1279, Phoenix, AZ 85032
Notices to you may be sent via email or posted within the Services. It is your responsibility to ensure your contact information is current.