TERMS OF USE

Last Updated: October 08, 2024

Welcome to Canyon GBS! We’re excited to have you here. Please read the Terms of Use (“Terms”) carefully, as they constitute a binding agreement between you (or “your”) and Canyon GBS LLC (“Canyon,” “we,” “us,” or “our”).

Consent and  Acceptance of Terms

These Terms govern your use of our websites and the services they offer. The term "Sites" refers to websites linked to these Terms and their services. By

accessing, browsing, or using our Sites, Canyon Web Services (“Canyon Services”), or email communication, you confirm that you agree to and have the right,

authority, and capacity to agree to these Terms and to our Privacy Policy.

We reserve the right to update and modify these Terms at any time without prior notice. You can review the most current version by clicking on the "Terms of Use" link at the bottom of our web pages. When updates are made, we will update the date at the top of the page. By continuing to use our Sites or Canyon

Services after any updates, you agree to the revised terms.

Copyright

All content on our Sites and Canyon Services, including text, graphics, logos, icons, images, audio clips, downloads, data compilations, software, and other

intellectual property is owned by Canyon or its content suppliers and is protected by U.S. and international copyright and other intellectual property laws. The compilation of all content on the site is the exclusive property of Canyon. All software used on the site is also owned by Canyon or its software suppliers and is protected by copyright laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.

Trademarks

"Canyon GBS LLC" and all affiliated marks, including logos, graphic designs, and service names, are trademarks, tradenames, or trade dress owned by Canyon in the U.S. and other countries. These trademarks, tradenames and trade dress may not be used with any product or service not associated with Canyon, in any way that could cause confusion among customers, or in any manner that disparages or discredits Canyon. Any other trademarks appearing on this site are owned by their respective owners, who may not be affiliated with, connected to, or sponsored by Canyon.

Accounts

To use certain services or features on our Sites, you may need to create an account and set a password. You must be at least 18 years old and provide accurate, truthful information when creating your account. If your information changes, update your account accordingly.

An administrator, such as your employer or educational institution, may assign you an account. In this case, additional terms may apply, and the administrator may access or disable your account. Canyon may monitor any user’s content posted to the Site. We reserve the right, at our discretion, to remove, terminate, or prohibit users from accessing the Site for any reason or no reason with or without notice.

Do not share your account with anyone else and keep your password confidential. If you suspect your account has been compromised, notify your system administrator immediately.

All information that is shared on our Sites is subject to our Privacy Policy, found at https://canyongbs.com/legal-terms/privacy-policy/ and, by accessing Canyon Services and Sites, you accept and agree to abide by this Privacy Policy, as amended from time to time.   

License and Site Access

By accessing Canyon Services, you agree to Canyon’s End User License Agreement, contained here https://canyongbs.com/legal-terms/end-user-license-agreement/. This license does not permit downloading, modifying, or any derivative use of the Sites or its content without our express written consent. You may not engage in any resale or commercial use of the Sites or its contents, nor use data mining, robots, or similar data-gathering tools. Any software, data, documentation, or other materials accessed or downloaded through our Site are subject to these Terms or, for enterprise accounts, the Master Service Agreement. Without our express written consent, the Sites or any part of it may not be reproduced, copied, sold, resold, or exploited for commercial purposes. You are not allowed to frame or use framing techniques to enclose our trademarks, logos, or other proprietary information, nor use meta tags or hidden text using our name or trademarks without consent. Unauthorized use will terminate the license granted to you.

You may create a limited, revocable, nonexclusive hyperlink to our homepage, provided the link does not falsely represent us or our products and services in any derogatory or misleading manner. Use of our logo or proprietary graphics in your link requires our express written permission.

Comments, Reviews, and Submissions

You are welcome to post reviews, comments, and other content, as well as submit suggestions, ideas, questions, and information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, harmful to third parties, or otherwise objectionable. The content must not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You must not use a false email address, impersonate anyone, or mislead others about the origin of the content.

We reserve the right (though not the obligation) to remove or edit any content, but we do not regularly review posted content. By posting content or submitting material, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish,

translate, create derivative works from, distribute, and display the content worldwide in any media. You also grant us and our sublicensees the right to use

the name you submit in connection with such content if we choose.

You represent and warrant that you own or control all the rights to the content you post, including any third-party content; that the content is accurate; that the content does not violate this policy and will not harm any person or entity; and that you will indemnify us for all claims arising from the content you supply. We have the right, but not the obligation, to monitor, edit, or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

Third Party Services

Our services may include links to websites operated by third parties. As we do not control these sites, we are not responsible for their availability, content, or

any products and services they offer. We do not endorse or assume liability for any information, goods, or services provided on these third-party sites. The

inclusion of these links does not indicate any affiliation or partnership with these external sites, nor does it imply their consent to link to them. Additionally, any mention of other companies does not suggest a partnership or joint venture with us, nor do we take responsibility for their actions. It is your responsibility to review the terms, privacy policies, and data practices of these third-party websites and conduct any due diligence you find necessary before engaging in transactions with them.

Disclaimer of Warranties

THE CANYON SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES PROVIDED ON OR THROUGH THESE SITES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CANYON MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ABOUT THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE THROUGH IT, UNLESS STATED OTHERWISE IN A WRITTEN AGREEMENT. YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CANYON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CANYON DOES NOT GUARANTEE THAT THIS SITE, ITS CONTENT, OR ANY EMAILS SENT FROM CANYON ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability and Waiver

TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW EXCEPT WHERE PROHIBITED, CANYON AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY'S USE OF THE SITES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF CANYON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM IS BASED. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. CANYON GBS LLC, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, CANYON GBS LLC’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.

ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.

Governing Law and Severability

These Terms shall be governed by and interpreted according to the laws of Arizona, without regard to conflict of laws principles. You agree that any claim or dispute related to these Terms or your use of the Services will be exclusively resolved in the courts located in Maricopa County, Arizona. You further consent

to the personal jurisdiction of these courts for any legal action arising under these Terms and waiver any arguments of subject matter jurisdiction. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Notice of Copyright Infringement

If you believe content on our platform infringes your copyright, please contact our General Counsel with the following details: (1) your electronic or physical signature, (2) a description of the copyrighted work, (3) the location of the infringing material on our Sites or services, (4) your contact information, including address, phone number, and email), (5) a statement that you, in good faith, believe the disputed use is unauthorized, and (6) a statement, under penalty of perjury, that your notice is accurate and you are the copyright owner or authorized to act on their behalf. Send your correspondence to [email protected].