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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing
Website.
Effective Date: This Terms of Use Agreement was last
updated on November 30th, 2009.
This Terms of Use Agreement sets forth the standards
of use of the Gate Key, Inc. Online Service for Registered Members. By
using Gatekey.com or Gatekey.us you (the “Member”) agree to these terms
and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of these websites. We
reserve the right, at any time, to modify, alter, or update the terms
and conditions of this agreement without prior notice. Modifications
shall become effective
immediately upon being posted at www.GateKey.com website. Your
continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be amended.
1.
Description of Service
Gate Key, Inc. is providing
Member with an online Visitor Management System. Member must provide (1)
all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member’s access to the Internet,
and (3) pay any fees relate with such connection.
2.
Disclaimer of Warranties.
The site is provided by Gate
Key, Inc. on an “as is” and on an “as available” basis. To the fullest
extent permitted by applicable law, Gate Key, Inc. makes no
representations or warranties of any kind, express or implied, regarding
the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Gate Key, Inc. shall have no
liability for any interruptions in the use of this Website. Gate Key,
Inc. disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not
allow the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3.
Limitation of Liability
Gate Key, Inc. SHALL NOT
be liable
for any damages whatsoever, and in particular Gate Key, Inc. shall not
be liable for any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this web site or the information contained
in it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if Gate Key, Inc. has
been advised of the possibility of such damages. SOME JURISDICTIONS DO
NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify and hold Gate Key, Inc.,
its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of Member’s use of
the Service, the violation of this Agreement, or infringement by Member,
or other user of the Service using Member’s computer, of any
intellectual property or any other right of any person or entity.
5.
Members Account
All Members of the Service shall receive a password
and an account. Members are entirely responsible for any and all
activities which occur under their account whether authorized or not
authorized. Member agrees to notify Gate Key, Inc. of any unauthorized
use of Member’s account or any other breach of security known or should
be known to the Member. Member’s right to use the Service is personal to
the Member. Member agrees not to resell or make any commercial use of
the Service without the express written consent of Gate Key, Inc..
6.
Modifications and Interruption to Service
Gate Key, Inc. reserves the right to modify or
discontinue the Service with or without notice to the Member. Gate Key,
Inc. shall not be liable to Member or any third party should Gate Key,
Inc. exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that Gate Key, Inc. does not guarantee
continuous, uninterrupted or secure access to our website and operation
of our website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
7.
Governing Jurisdiction of the Courts of
California
Our website is operated and provided in the State of
California. As such, we are subject to the laws of the State of
California, and such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no representation that our
website or other services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to access our site you
agree to do so subject to the internal laws of the State of California.
8.
Compliance with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws. Member may not use the
Service in any way that violates applicable state, federal, or
international laws, regulations or other government requirements. Member
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, national, or
international law or regulation.
9.
Copyright and Trademark Information
All content included or available on this site,
including site design, text, graphics, interfaces, and the selection and
arrangements thereof is copyright 2009 Gate Key, Inc., all rights
reserved, or is the property of Gate Key, Inc. and/or third parties
protected by intellectual property rights. Any use of materials on
the website, including reproduction for purposes other than those noted
above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind,
without prior written permission of an authorized officer of Gate Key,
Inc. is strictly prohibited. Members agree that they will not use any
robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior
written permission of an authorized officer of Gate Key, Inc..
Gate Key, Inc.™ are proprietary marks of Gate Key,
Inc..com. Gate Key, Inc.’s trademarks may not be used in connection
with any product or service that is not provided by Gate Key, Inc., in
any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Gate Key, Inc.
All other trademarks displayed on Gate Key, Inc.’s
website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors is
not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Gate Key, Inc..
10.
Notification of Claimed Copyright
Infringement
Pursuant to Section 512(c) of the Copyright Revision
Act, as enacted through the Digital Millennium Copyright Act, Gate Key,
Inc. designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
- By Mail: Gate Key Inc., 23811 Washington Ave,
C110 Suite 244, Murrieta, Ca. 92562
- By Telephone: (888) 809-4283
- By Email:
support@Gatekey.com
11.
Botnets
Gate Key, Inc. retains the right, at our sole
discretion, to terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and control points for
botnets, Gate Key, Inc. reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility, or any
other destination at our discretion.
12.
Other Terms
If any provision of this Terms of Use Agreement shall
be unlawful, void or unenforceable for any reason, the other provisions
(and any partially-enforceable provision) shall not be affected thereby
and shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any
other agreements referenced herein may be assigned by Gate Key, Inc., in
our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement shall apply in addition to,
and shall not be superseded by, any other written agreement between us
in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable information and other
practices described in our Privacy Policy Statement. |