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Terms of Use

Effective November 1, 2017

 

Please read the following Terms of Use before using the www.GatewayValue.com website (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, please do not use this Site. This Site is owned and operated by Gateway Valuation Consulting, LLC (“Gateway” or the “Company”). If you have any questions you may contact Gateway at:

 

Gateway Valuation Consulting, LLC

1001 Boardwalk Springs Place, Suite 111
O'Fallon, MO 63368

Email: support@gatewayvalue.com

 

1. Acceptance of Terms of Use

The following Terms of Use is a legal agreement (“Agreement”) between you and Gateway Valuation Consulting, LLC (“Gateway” or the “Company”) with regard to your use of the Site. Please read the Agreement carefully. By using the Site, you understand, acknowledge and agree that you will abide by this Agreement. The term “Agreement” includes these Terms of Use, Gateway’s Privacy Policy, and any other terms, conditions or rules that apply to your use of any specific services, features, and functions, as well as any other documents, policies and provisions the Company may refer to in any of the foregoing. All of these items are incorporated by reference into this Agreement. As described in more detail below, this Agreement does not address the terms applicable to any third-party content or any websites or links that may direct you to third-party websites or web pages.

 

2. Modifications

This Agreement is subject to change at any time. Once posted, any changes become effective immediately, and if you use the Site after they become effective, you agree to be bound by the changes. Accordingly, when you use the Site, you should check the effective date that appears at the top of this page and review any changes since the last version. Gateway retains the right to change, modify, withdraw, suspend or even permanently discontinue any or all portions of the Site at any time, with or without notice, without any liability or obligation to you.

 

3. User Age Requirements

The Site is not directed to children under the age of 13, and Gateway will not knowingly collect personally identifiable information from children under 13. If you are not at least 13 years old, or your use of the Site is prohibited or restricted in any way by the laws of the jurisdiction from which you are accessing the Site, you must cease using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of the Site. Please read Gateway’s Privacy Policy, as it pertains to children under the age of 13.

 

4. Registration and Passwords

Certain parts of the Site are available to all users without the need to register. You may access those pages and features without registering; understanding, however, that Gateway reserves the right to make changes, limit or restrict those pages and features at any time in the Company’s discretion, without notice to you. In order to access and use or receive certain services, features or functions of the Site, you may be asked to register with Gateway and provide personally identifiable information (“Personal Information”) such as your name and email address. Gateway’s use of any Personal Information you provide to the Company as part of the registration process is governed by the terms of Gateway’s Privacy Policy .

 

To use other certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under or with your password or account. You agree to exit from your account at the end of each session and to notify Gateway immediately of any unauthorized use of your password or account or any other breach of security. Gateway cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

 

You may cancel your registration and password at any time and for any reason by emailing support@gatewayvalue.com with your username, password, and e-mail address and requesting termination of your registration. Gateway may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

 

5. Material, Content and Intellectual Property

This Site, all the materials or content available on the Site, and any and all trademarks, service marks, book titles, event or program names, slogans, logos, and other distinctive identifications (“marks”) on or of the Site are the intellectual property of and proprietary to Gateway or its advertisers, affiliates, suppliers and others with whom Gateway may do business and are protected by copyright, trademark, and other intellectual property laws.

 

The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of Gateway’s rights or that has not been authorized by the Company. More specifically, unless explicitly authorized by the owner of the materials or content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material or content from the Site. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

 

On notice, Gateway will act expeditiously to remove materials or content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. Specific procedures to notify Gateway of copyright infringement can be found in Section 8 below.

 

6. Forums and Postings

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services (“Forums”), which allow feedback to the Company and real-time interaction between users, and other features which allow users to communicate with others (“Postings”).

 

Gateway reserves the right at all times but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that Gateway deems inappropriate for inclusion in the Forums, for any reason or for no reason. Forums are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Forum may have a policy of limited membership or access, Gateway disclaims all liability if unauthorized persons obtain access to that Forum. You acknowledge that you use the Forums at your own risk and you should not disclose or make available your Personal Information in any Forum or in any Posting.

 

You further acknowledge that Gateway neither endorses nor controls Postings in the Forums, and Gateway assumes no duty to monitor or endorse Postings within the Forums, nor does Gateway represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement, and you should not assume that any Posting is true, accurate or reliable.

 

Also, it is a condition of your use of the Site that you do not:

  1. Restrict or inhibit any other user from using and enjoying the Site.

  2. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  3. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks Gateway uses to provide the Site.

  4. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

  5. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

  6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

  7. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

  8. Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

  9. Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

  10. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

  11. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without Gateway’s express written approval.

  12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

  13. Purchase, download or copy any products or services from this site and use to pirate said content.

 

Your Posting may incorporate links to your content on third-party sites, such as your Facebook user page or a YouTube video, provided that all such links comply with this Terms of Use and the terms of use of the applicable third-party site.

 

The amount of storage space on the Site per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that Gateway assumes no responsibility for the deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for non-commercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

 

7. Violation of Terms of Use

If you believe that any material or content on the Site or any Postings on the Forums violates any of the terms of this Agreement, please send the Company a message about it at support@gatewayvalue.com . Gateway cannot guarantee a response to your message, and the Company reserves the right to take or refrain from taking any or all steps available to it once any such message is received.

 

8. Copyright Infringement Claims

If you are a copyright owner or an agent thereof and believe that any material or content on the Site or any Postings on the Forums infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) by providing Gateway’s designated copyright agent with the following information in writing:

  1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

  2. Identification of the copyrighted work (or works) that you claim has been infringed;

  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists;

  4. A clear description of where the infringing material is located on Gateway’s website, including as applicable its URL, so that Gateway can locate the material;

  5. Your name, address, telephone number, and e-mail address;

  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Gateway’s designated copyright agent to receive notifications of claimed infringement is dmca@gatewayvalue.com . Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

9. Advertising

The Site may contain various forms of advertisements. As a result of this, you may choose to communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as Company advertisers, sponsors, or promotional partners (“Advertisers”). All such interaction is strictly and solely between you and the Advertiser involved and Gateway is not responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may obtain from any Advertiser).

 

10. Links to Other Websites

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Gateway or any of its officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. Gateway does not verify, endorse, or have any responsibility for, any such third-party sites, their business practices, or any goods or services associated with or obtained in connection with any such site, whether Gateway’s logo or sponsorship identification is on the third-party site as part of a co-branding or promotional arrangement. If any third-party site obtains or collects personal information from you, in no event shall Gateway assume or have any responsibility or liability. Please read Gateway’s Privacy Policy, which describes how the Company collects and uses your personal information and co-branding relationships.

 

11. Disclaimer

THE SITE AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, GATEWAY MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE SITE OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.

 

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GATEWAY OR ITS SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, AFFILIATES, LICENSORS OR SUPPLIERS, OR THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE (“RELEASED PARTIES”), SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE SITE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. GATEWAY DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.

 

12. Limitation of Liability

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (i) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (ii) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (v) ANY BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

13. Indemnification                                                                                         

You agree to indemnify, defend and hold harmless Gateway and its officers, directors, employees, agents, licensors, representatives, Advertisers, service providers and suppliers from and against any and all claims, actions, losses, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any materials or content provide, submit or make available on or through the Site or your unauthorized use of any such Postings, material or content. Gateway reserves the right to assume, at its expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Gateway in the defense of any such claim, action, settlement or compromise negotiations, as requested by Gateway.

 

14. Assignment

This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Gateway without restriction.

 

15. Choice of Law and Forum

This Agreement shall be governed and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any dispute arising out of or relating to this Agreement or your access or use of this Site must be settled by binding arbitration before a single arbitrator using the dispute resolution procedures of the American Arbitration Association (AAA) in St. Louis, MO, and you hereby submit to the personal jurisdiction of such forum.

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