WEB SITE TERMS AND CONDITIONS OF USE
THIS WEB SITE, HTTP://WWW.COMPARECRM.COM, AND RELATED SERVICES (“COLLECTIVELY ‘SITE’) ARE PROVIDED BY GATE58 MARKETING LLC. SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEB SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
Restrictions on Use
All pages within this Website and any material made available for download (collectively the "Site") are the property of Gate58 Marketing LLC. (hereinafter “Gate58”), its affiliates, partners, and/or vendors. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Gate58 for your own personal use or the internal use of your business. 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 and Conditions or any applicable end user license agreements are reserved by Gate58.
All trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
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.
GATE58, ITS AFFILIATES, PARTNERS AND VENDORS ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTAIAL DAMAGES, AND SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR RESPONSIBILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMTIED TO THE GREATEST EXTENT PERMITTED BY LAW.
Although Gate58 attempts to ensure the integrity and accurateness of the Site, it makes 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 Gate58 so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Gate58 is not a party to any agreements entered into between you and its vendors or partners and has not control over the quality of products or services provided by those vendors or partners. You agree that you release Gate58, its officers, directors, 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 the vendors or partners, or the products or services provided by the vendors or partners, or any actions of the vendors or partners. Gate58 shall also not be liable for any claims or actions brought by its vendors or partners against you.
Reviews and Comments
You acknowledge that any and all information voluntarily posted or submitted by you, including but not limited to reviews, comments, suggestions, ideas, questions, know-how, techniques ("collectively, "Content"), is and will not be considered as confidential or proprietary. You acknowledge that any and all 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 your Content, you grant CompareCRM.com 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 Content. You also grant CompareCRM.com and its affiliates the right to use the name you submit in association with your Content and the right, but not obligation, to remove or edit your Content for any reason.
You warrant and represent that you have the ownership or right to your Content on this site, that you do not provide false or misleading Content, that you do not provide Content that is injurious to any party, and that you will indemnify CompareCRM.com or its affiliates for defending any claims as the result of your Content. You are solely responsible for your Content; CompareCRM.com and its affiliates assume no liability for your Content.
Links or Pointers to Other Sites
Gate58 makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Gate58 Website, please understand that it is independent from Gate58, and that Gate58 has no control over the content on that Website. In addition, a hyperlink to a non-Gate58 Website does not mean that Gate58 endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, and other items of a destructive nature.
Choice of Law and Venue
These Terms and Conditions are entered into in the State of Delaware and shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules. Any disputes, controversies or claims arising out of or relating to these Terms and Conditions shall be settled by arbitration conducted in Wilmington, Delaware in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. Pending completion of arbitration, Gate58 or you may seek any interim or preliminary relief from a court of competent jurisdiction in Wilmington, Delaware, necessary to protect the rights or the property of you or Gate58, its directors, officers, employees, or agents.
These Terms and Conditions constitute the entire agreement between Gate58 and you pertaining to the subject matter of this Agreement. In its sole discretion, Gate58 may modify these Terms and Conditions by posting the revised version on this Site.
No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Gate58 that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Terms and Conditions Last Updated: November 14, 2006.