YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
- Use of Site Content. All pages within this Site and any material made available for download (referred to as the “Site Content”) are the property of Company, or its affiliates, third-party content provider, partners or vendors. Company may make certain Site Content available to you from the Site. If you download any Site Content after registering with us, such Site Content is deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company or its third-party content provider does not transfer either the title or the intellectual property rights to the Site Content, and Company or its third-party content provider retain full and complete title to the Site Content as well as all intellectual property rights therein. You may not sell, reprint, redistribute, or modified the Site Content. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms are reserved by Company.All trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners and you may not copy or use them in ay manner.
- User Content; Reviews; or Comments. You acknowledge that all personal information submitted by you is true and correct and, if the Site provides for you to post reviews or comments, any and all information voluntarily submitted by you, including but not limited to reviews, comments, suggestions, ideas, questions, know-how, techniques (referred to as “User Content”), is and will not be considered as confidential or proprietary. You acknowledge that any and all User Content provided by you does not contain information that is defamatory, illegal, infringing on any intellectual property rights, or injurious to any party. By voluntarily posting or submitting User Content, you grant Company and its affiliates a non-exclusive, perpetual, royalty-free, worldwide, licensable, and irrevocable right to use, publish, distribute, translate, create derivative works, adapt, sell, perform, reproduce, reverse-engineer, recompile, modify, and display User Content. You also grant Company and its affiliates the right to use the name you submit in association with User Content and the right, but not obligation, to remove or edit User Content for any reason.You warrant and represent that you have the ownership or right to User Content on this site, that you do not provide false or misleading User Content, that you do not provide User Content that is injurious to any party, and that you will indemnify Company or its affiliates for defending any claims as the result of your Content. You are solely responsible for your Content; Company and its affiliates assume no liability for your Content.
- Alleged Violations. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to email@example.com.Company reserves the right to terminate your use of the Site. To ensure that Company provides a high quality experience for you and for other users of the Site, you agree that Company or its representatives may access your account and records, if the Site provides the users to maintain an account, on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms, furnished Company with false or misleading information, or interfered with use of the Site by others.
- Links or Pointers to Other Sites. Company has no control over, and no liability for any third-party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
- Warranty Disclaimer.THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice.
- Limited Liability.OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATE58 MARKETING, LLC AND ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, SITE-RELATED SERVICES, OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE.This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- Release of Third Party Liability. We are not a party to any agreements entered into between you and any third-party vendors from the Site and have no control over the quality of products or services provided by those partners or vendors. You agree that you release Company, its affiliates, officers, directors, members, managers, employees or agents from all claims, demands and damages of every form, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected with your relationship with our third-party vendors, or the products or services provided by those vendors, or any actions of those vendors. Company shall also not be liable for any claims or actions brought by its vendors from the Site against you.
- Prohibited Uses. Company imposes certain restrictions on your permissible use of our Site. You are prohibited from violating or attempting to violate any security features of our Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using our Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
- Governing Law. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Mateo county, California, USA in all disputes arising out of or related to the use of the Site.
- Severability; Waiver.If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- Entire Agreement; Modifications. These Terms constitute the entire agreement between Company and you pertaining to the subject matter of this agreement. Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site; and (c) discontinue the Site at any time. Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.