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Gatekeeper Systems Inc. Terms of Use

Welcome to the Gatekeeper Systems Inc., website (the “Site”). By accessing, browsing or using this Site, you are agreeing to be bound by these terms and conditions (“Terms of Use”) and all applicable laws and regulations. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE. These Terms of Use may change from time to time without notice. You should visit this page periodically to review these Terms of Use.

Content/Reserved Rights

Copyright © Gatekeeper Systems Inc. of Abbotsford, British Columbia, Canada (“Gatekeeper”). All rights reserved. Gatekeeper either owns the intellectual property rights, including copyright, or has acquired the necessary permissions, in the information, including all text, HTML (hypertext markup language) code, multimedia clips, images, graphics, icons, Java code and the selection and arrangement of the contents of the Site (collectively the “Information”). Unauthorized use by you of the Information may violate copyright, trademark, and other laws.

Use of Information and Ownership

You may copy Information so long as each copy:

is solely for personal, informational, non-commercial use and is not modified, reproduced, displayed, publicly performed, distributed, or revised in any manner;

plainly displays all copyright and other proprietary notices in the same form and manner as on the original;

displays a statement that the Information is used solely with permission of Gatekeeper;

and you abide by these Terms of Use.

The use of the Information on any other web site for any purpose is prohibited.

Except as expressly granted in these Terms of Use, nothing contained herein shall be construed as conferring any license or right to you under any patents, copyrights, trademarks, trade secret information or other intellectual or proprietary rights proprietary to Gatekeeper.

Trademarks

Gatekeeper, the Gatekeeper logo and G4, Student Protector, TIMS, Autowake, and Viperfish, and all related products and service names displayed in the Site are the trademarks, service marks or registered trademarks of Gatekeeper. Except as provided for under these Terms of Use, any reproduction of any of these marks without the express written consent of Gatekeeper is strictly prohibited.

Exclusion of Warranties and Liability

THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. GATEKEEPER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE, VALIDITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION ON THIS SITE.

IN NO EVENT SHALL GATEKEEPER, ITS AFFILIATES, ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR PROFIT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE INFORMATION ON THIS SITE, OR ANY CONSEQUENCES FLOWING THEREFROM, EVEN IF GATEKEEPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH, AND WHETHER BASED IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY.

Indemnity

You agree to indemnify Gatekeeper and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from:

your access to or use of this Site;

your use of, reliance on, or publication, communication or distribution of any Information; or

your violation of any law or regulation.

Confidentiality and Rules for Gatekeeper Customer Zone

Certain areas of the Site may be accessed by using a password or other security device including, without limitation the Gatekeeper Support Page (the “Support Page”). The Support Page may contain proprietary and confidential information of Gatekeeper and/or its suppliers, including without limitation engineering documents, manuals, software, program listings, product pricing, data file printouts, and other technical and marketing information (collectively the “Gatekeeper Privileged Information”).

By accessing the Site, you agree to keep any Gatekeeper Privileged Information confidential and to use the Gatekeeper Privileged Information solely for your internal business purposes. You agree not to alter, decompile, disassemble, reverse engineer, modify, or disclose to any third party any Gatekeeper Privileged Information that you receive or access through the Site.

These Terms of Use impose no obligation upon you with respect to Gatekeeper Privileged Information that you can establish by legally sufficient evidence:

you possessed prior to your receipt from Gatekeeper, without an obligation to maintain its confidentiality;

is or becomes generally known to the public through no act or omission by you, or otherwise without violation of these Terms of Use;

you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; or

in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms of Use and as disclosed after prior notice to Gatekeeper adequate to afford Gatekeeper the opportunity to object to the disclosure.

Internet browser in use

Type of computer operating system
The domain name of the web site from which you linked to our Site or online invitation
Pages Viewed
Subject to the restrictions described above, any information that you post to this Site, including e-mail submissions, will be considered non-confidential.

Cookies

Our Site may utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about Internet activity. Some cookies and other technologies may serve to recall personal information previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.

You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, certain portions of our Site may become inaccessible.

Linked Sites

This Site may contain links to other sites as well as electronic mail links. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than Gatekeeper and Gatekeeper assumes no responsibility for the accuracy or appropriateness of the information in such sites. The inclusion of any link to another site or mention of another party or its products or services on the linked site should not be construed as an endorsement of that party or its products or services. If you decide to access any linked site, you do so entirely at your own risk. Gatekeeper reserves the right to terminate any link to this Site.

General

These Terms of Use and the use of this Site shall be governed by the laws of British Columbia, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of British Columbia. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gatekeeper as a result of these Terms of Use or your use of this Site. These Terms of Use constitutes the entire agreement between you and Gatekeeper with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Gatekeeper with respect to this Site.