Terms of Use
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
- ACCEPTANCE OF TERMS OF USE
These Terms of Use (the “Agreement”) is a legally binding contract between you (“You” or “Your”) and SafeGate Holdings, INC (“SGH,” “We” or “Our,” “Us”) regarding Your access to and use of Our website (the “Site”). By accessing the Site, You agree to the terms and conditions as outlined in this agreement. SGH reserves the right to make changes to the terms and conditions in this Agreement from time to time at its sole discretion. Your use of the Site following any such change constitutes Your agreement to follow and be bound by this Agreement as changed.
- THIRD PARTY CONTENT
The Site includes information from a variety of sources, including third parties, regarding third parties’ products and services (the “Content”). SGH does not control such third party Content or the provider of such Content, nor does SGH benefit from the provision of such Content by third parties. Accordingly, SGH does not make any representations, endorsements or warranties whatsoever regarding the advice, goods and/or services of such third parties. For more complete details regarding any information, product, service, etc. listed on the Site, please contact the provider of the information, product, service, etc..
- REGISTRATION
Some areas of the Site require registration for use. In those instances, We require that You register and create an account with Us through Your account executive or other SGH personnel. You must provide Us with current, complete and accurate information as requested. You further agree to promptly update any registration information with Us in order to keep it true, accurate, current and complete.
- PASSWORD AND SECURITY
Upon registration and creation of Your account, a user identification name (i.e., Your email address) and a password will be provided to You by Us. You are solely responsible for maintaining the confidentiality of Your password and user ID. Furthermore, You understand and agree that the account is Yours, individually, and that You are solely responsible for any and all activities that occur under Your account. You agree to (a) immediately notify SGH of any unauthorized use of Your password, account or any other breach of security; and (b) ensure that You completely exit from Your sessions at the Site.
- YOUR CONDUCT
You agree not to upload, email or otherwise transmit to or from the Site, any content or other material in any format that (a) infringes any other third party’s intellectual property; (b) contains viruses, worms, Trojan horses, corrupted files, or any other similar software, malware or other programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; (c) alters, removes, or falsifies any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; or (d) attempts, through any means, to gain unauthorized access to the Site, or another user’s account on the Site.
The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. You may not disclose to, or share Your password with, any third parties or use Your password for any unauthorized purpose. In any case, You remain solely responsible for any authorized or unauthorized use of Your password.
- PROPRIETARY RIGHTS RESTRICTIONS
All material on the Site including, without limitation, all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), etc., whether publicly posted or privately transmitted, as well as all derivative works, is owned by SGH or other parties that have licensed their material to SGH and is protected by copyright, trademark and other intellectual property laws. SGH disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either SGH or other third parties. You agree not to display or use such marks without prior written permission from SGH or the third party source.
The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means without the prior written consent of SGH. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
- Confidential Information
The parties acknowledge and agree that, in the performance of the respective services of SGH, third-party strategic partners, Subscribers / Suppliers and potential investors may be given access to, or come into possession of, confidential information of the other party which information may contain trade secrets, proprietary data or other confidential material of that party. All parties shall use their best efforts to keep the confidential information and/or any knowledge which may be imparted through examination thereof or working therewith confidential. Upon such time SGH initiates investor introductions in the marketplace, Subscribers / Suppliers understand SGH may, at times, be required to communicate to the investing public assessment information provided by Subscribers / Suppliers in the SGH portal.
- LINKS TO OTHER WEB SITES
If any link is offered connecting You to a third party web site, it is as an accommodation to the respective third party site owner and without charge. Sites linked to and from this Site are not under SGH’s control and We shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. SGH does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.
- DISCLAIMER OF WARRANTIES
OUR SITE, AND THE CONTENTS THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE INTERNET. FURTHER, SGH DISCLAIMS ANY TYPE OF RELATIONSHIP WITH CONTENT PROVIDERS INCLUDING, BUT NOT LIMITED TO, PRINCIPAL/AGENT, MASTER/SERVANT, PARTNERSHIP, JOINT VENTURE, OR JOINT ENTERPRISE. SGH DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.
- LIMITATION OF LIABILITY
SGH AND ITS LICENSORS, CONTENT AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA, LITIGATION COSTS OR THE LIKE) ARISING OUT OF THE USE OF THE SITE, THE CONTENT ON THE SITE, WEB SITES, AND THE CONTENT THEREIN, LINKED TO THIS SITE, OR THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN AND ITS OPERATING SOFTWARE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
- INDEMNIFICATION
You agree to indemnify and hold SGH, its subsidiaries, affiliates, officers, agents, licensees, co-branders or other partners, and employees, harmless from, and against, any and all claims, damages, costs and expenses, including attorney’s fees, arising from any content you submit to the Site and or related to Your use of the Site and/or any content contained therein.
- CHANGES TO THE SERVICE
SGH reserves the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. The Site is currently accessible to users without charge, however SGH reserves the right to charge a fee for use of any portion of the Site in the future. These Terms of Use may be modified by SGH at any time. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.
- FAILURE TO ABIDE BY THESE TERMS
SGH may, in its sole discretion, terminate or suspend Your account and any current activities at the Site immediately without notice to You, if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. SGH reserves the right, in its sole discretion, to refuse access to any user at any time to those portions of the Site that require registration. You agree that SGH shall not be liable to You or any third party for any termination of Your access to any Content and/or the Site.
- GOVERNING LAW; MEDIATION and ARBITRATION
You agree that these Terms of Use are governed by the laws of the State of Texas. You agree that any claim against SGH shall be brought within one (1) year from the date that the claim arose, and any claims not brought within such period of time shall be deemed waived.
If a dispute or claim arises out of or relates to this contract, or the breach thereof, and if the dispute or claim cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute or claim by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally. If after engaging in a good faith effort to mediate, any dispute or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. While mediation and arbitration are intended to be the exclusive remedies for resolving disputes and claims arising hereunder, nothing herein will be construed to prevent any party’s use of injunction, and/or any other provisional action or remedy to avoid, halt and/or mitigate immediate and irreparable damage(s) to either party.
- SGH PRIVACY POLICY
Online research purchase information and certain other information about You is subject to our Privacy Policy. For more information, please email us at: info@safegateholdings.com.
- PRODUCT AND SERVICE INFORMATION
Product and service offers, prices, terms and other information provided herein are subject to change without notice. You should ascertain the appropriateness of any product or service as it may pertain to Your intended purpose and needs.
- REFUND POLICY
Since SafeGate Holdings is offering non-tangible irrevocable goods we do not issue refunds once the order is processed. As a customer, you are responsible for understanding this upon purchasing a subscription and/or service on our site. Please note that our services are offered on behalf of our respected strategic partners, they do not issue for a refund or chargebacks.
- MISCELLANEOUS
These Terms of Use constitute the entire agreement between You and SGH with respect to the Site.
If any of the forgoing terms are found to be void, unlawful, or unenforceable then that term will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining terms.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SGH WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND SGH RELATING TO YOUR USE OF THE SITE.
SGH RECOMMENDS THAT YOU SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OSGHION, ADVICE, OR OTHER CONTENT ENCOUNTERED THROUGH USE OF THIS SITE, AND THAT ANY ACTION BY YOU BE BASED IN WHOLE OR IN PART ON SAME.
If you have any questions or comments about our Terms of Use, you can contact us.