Gateway Customer Portal Terms & Conditions
Last updated January 5, 2018
The following terms and conditions (the "Terms") shall govern all use of the Gateway Customer Portal and all content, services and products available at or through the portal, including but not limited to Gateway Knowledge Base, Gateway Learning Portal, Gateway Customer Community, and Gateway Support Desk (each, a "Portal Service" and, collectively, the "Customer Portal") by a direct customer of Gateway, a Gateway authorized reseller or reseller's customer (the, "Customer") and/or any individual with access to the Customer Portal whether or not such individual is employed by or affiliated with a Customer or reseller (each such individual hereafter referred to as "User"). The Customer Portal is owned and operated by Gateway Ticketing Systems, Inc. ("Gateway") and/or its suppliers.
Each User must read through these Terms carefully before accessing or using the Customer Portal. By accessing or using any part of the Customer Portal, the User agrees to become bound by the Terms contained herein. If the User does not agree to all of the Terms, then that User may not access the Customer Portal or any of the Portal Services.
- User Account. When a User registers an account on the Customer Portal, the User shall be responsible for maintaining the security of the User's account, and shall be fully responsible for all activities that occur under the account and any other actions taken in connection to the account. The User must notify Gateway promptly of any unauthorized uses of User's account or any other breaches of security. Under no circumstances will Gateway be liable for any acts or omissions by User, including any damages of any kind incurred as result of such acts or omissions.
- Responsibility of Users and/or Contributors. If User should operate a forum, comment on a forum, post material to the Customer Portal, post links on the Customer Portal, or otherwise make (or allow any third party to make) material available by means of the Customer Portal (any such material, the "Content"), User shall be entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio file, or computer software. By making Content available, User represents that:
By submitting Content on the Customer Portal, User agrees that Gateway has the right (though not the obligation) to, in Gateway's sole discretion, (i) refuse or remove any content that, in Gateway's reasonable opinion, violates any policy of Gateway or applicable Gateway supplier or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Customer Portal to any individual or entity for any reason, in Gateway's sole discretion.
- The downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret, of any third party;
- The Customer to which the User is affiliated or employee is employed has granted permission to the User to post or make available any Content pertaining to the Customer;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- The User agrees that the Customer Portal contains certain content, documents and/or software that is proprietary and confidential to Gateway, its suppliers, and/or other Users and Customers which have access to the Customer Portal (the "Confidential Information"). User agrees not to provide or otherwise make available any Confidential Information or other related material to any person other than User and the related Customer's employees without prior written consent from Gateway. Further, use of any Confidential Information is subject to the confidentiality and non-disclosure terms contained in the contract between the related Customer and Gateway, except where User is an individual with access to the Customer Portal without any affiliate with a Customer or reseller, in which case use of any Confidential Information is subject to the following terms:
- The User agrees that it will hold and use the Confidential Information in the same manner as it deals with its own private and confidential information and that User will not divulge, nor permit any other person(s) to have access to the data or information with respect to any such Confidential Information, programs, and/or technology embodied therein or any other documentation, models, descriptions, forms, instructions, or other information relating thereto. If User shall attempt to dispose of the Confidential Information or any of its aspects or components or any duplication or modification thereof in a manner contrary to the purpose intended and permitted herein, Gateway shall have the right, in addition to such other remedies, which may be available to it, to injunctive relief enjoining such acts or attempts, it being acknowledged that legal remedies may be inadequate.
- Any self-paced learning courses purchased with learning hours are non-refundable. These courses will expire when Gateway sunsets the related software version or when the Customer no longer has an active maintenance agreement with Gateway.
- User may report and self-submit issues through the Gateway Support Desk available on the Customer Portal. Gateway's response to such issues and provision of support shall be in accordance with the relative Customer's applicable maintenance agreement and/or any Premier Support Tier to which the Customer has elected.
- The Customer Portal is provided "as is". Gateway and its suppliers hereby disclaim all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Gateway nor its suppliers, makes any warranty that the Customer Portal will be error free or that access thereto will be continuous or uninterrupted.
- In no event will Gateway, or its suppliers, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; or (ii) for interruption of use or loss or corruption of data.
- User agrees to indemnify, defend, and hold harmless Gateway, its suppliers, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of the User's use of the Customer Portal, including but not limited to User's violation of these Terms.
- These Terms constitute the entire agreement between the User and Gateway concerning the subject matter hereof, and may only be amended by written amendment authorized by Gateway. The Terms shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its choice of law or conflict of laws provisions.