RELEASE OF LIABILITY
THIS RELEASE OF LIABILITY (“Agreement”) is entered into by you (herein the “User”), and Gopher, Inc., a Delaware corporation.
The User acknowledges that they are using Gopher’s platform, including the app, to facilitate the provision of services, including but not limited to Home Services, Moving, Labor, etc. (the “Service”). The User understands that Gopher, Inc is not the provider of the Service and that the User is entering into a separate agreement between the Gopher Request App User requesting the service and the Gopher Go App User providing the service.
The User acknowledges that they are aware that there are certain risks associated with the Service, including but not limited to, the risk of property damage, personal injury, or death. The User assumes all such risks and agrees to release and hold Gopher, Inc harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or relating to the Service or the User’s use of the platform.
The User agrees to indemnify and hold Gopher harmless from any and all claims, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from their use of the platform or Service. The User acknowledges that Gopher, Inc is not responsible for the actions or inactions, including but not limited to, any property damage, personal injury, or death that may occur as a result of the Service. The User agrees that this release of liability extends to all claims of any nature, known or unknown, arising out of the User’s use of the platform.
The User acknowledges that they are using the platform voluntarily and at their own risk. The User understands that the platform may contain errors and that the Service may not be provided as expected. The User agrees to limit Gopher, Inc’s liability for any damages arising from the User’s use of the platform or Service. For example, the User may agree that Gopher, Inc’s total liability shall not exceed the amount of fees paid by the User for the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State in which the service is provided. Any disputes arising from the User’s use of the platform or Service shall be resolved through mediation. The User and Gopher agree to resolve any disputes in accordance with the rules of the American Arbitration Association. In the event that a dispute cannot be resolved through mediation, the parties agree to submit the dispute to binding arbitration.
The User agrees to keep confidential any information obtained through the platform or Service, including trade secrets, proprietary information, and personal information of other users. The User agrees not to use any confidential information obtained through the platform for any purpose other than in connection with the Service. The User agrees to return all confidential information upon termination of this Agreement.
This Agreement constitutes the entire understanding between the User and Gopher, Inc and supersedes all prior negotiations, representations, understandings and agreements. This Agreement may not be amended except in writing signed by both parties.
This Agreement shall be binding upon and inure to the benefit of the User, their heirs, executors, administrators and assigns.