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The
following Terms of Use is a binding agreement between
you, either a member, or user of at least 18
years of age or a single entity regarding your use of the SalientGate
website (located at www.salientgate.com). You hereby represent and
warrant to SalientGate that you are at least
eighteen (18) years of age or and otherwise capable of entering into
and performing legal agreements, and that you agree to be bound by the
following Terms and Conditions.
1. Prohibited
uses
YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT:
(I)
POST ANY CONTENT THAT IS UNLAWFUL,
OBSCENE, HARASSING, DEFAMATORY, THREATENING, PORNOGRAPHIC, VULGAR,
HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES
CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL
LIABILITY, VIOLATE ANY LAW.
(II)
ACCESS THE SALIENTGATE WEBSITE ACCOUNTS OF OTHERS WITHOUT PERMISSION,
MISREPRESENT THE
SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE
SALIENTGATE WEBSITE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY.
(III) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED
FEATURES OF THE SALIENTGATE WEBSITE OR FEATURES THAT PREVENT, LIMIT OR
RESTRICT USE OR COPYING OF ANY MATERIALS.
(IV) USE THE SALIENTGATE WEBSITE FOR ANY ILLEGAL PURPOSE, OR IN
VIOLATION
OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT
LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY
RIGHTS, AND DATA PROTECTION AND PRIVACY.
(V)
DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE SALIENTGATE
WEBSITE, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT
USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY
AUTHORIZED HEREIN.
2.
Termination; Terms of Use Violation
You
agree that SalientGate, in its sole
discretion, for any or no reason, and without penalty, may suspend or
terminate any account you may have with SalientGate and remove and
discard all or any
part of your account at any
time. You agree that any termination or suspension of your account you
may have may
be effected without prior notice, and you agree that SalientGate will
not
be liable to you or any third party for any such termination. Any
suspected fraudulent, abusive or illegal activity may be referred to
appropriate law enforcement authorities.
3.
Third Party Websites
The
SalientGate website contains links to websites or services
operated
by other people or companies, (referred to as "Third-party Services").
Third Party Services may have their own terms of use and privacy policy
or no terms of use or privacy policy at all. SalientGate does not
endorse
any such Third-party Services or the information,
products, materials,
or services contained on or accessible through Third-party Services. In
addition, your correspondence or business dealings with advertisers
found on or through the
SalientGate website are solely between you and such advertiser. Access
and
use of Third-party Services, including the information,
products, materials, and services on or
available through Third-party Services is
solely at your own risk.
4.
Copyright infringement notification
If
you are a copyright owner or an agent
of the Copyright Owner and believe that any content
on the SalientGate
website (located at www.salientgate.com) infringes your copyrights, you
may submit a
notification pursuant to Title 17, United States Code, Section
512(c)(3), the Digital Millennium Copyright Act ("DMCA"), that includes
the following
information:
(i)
A physical or electronic signature of a person
authorized to act on behalf of the Copyright Owner of an exclusive
right that is allegedly infringed.
(ii) Identification of the
material that is claimed to be infringing and that is to be removed
or access to which is to be disabled.
(iii) Identification of the copyrighted work
or multiple copyrighted works claimed to have been
infringed.
(iv) Information reasonably sufficient to permit SalientGate to contact
the Copyright Owner.
(v) A statement that the Copyright Owner has a good faith belief that
use
of the material in the manner complained of is not authorized by the
Copyright Owner, its agent, or the law.
5.Disclaimer
CONTENT ON THE SALIENTGATE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS
WITH NO WARRANTY.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM SALIENTGATE WILL CREATE
ANY WARRANTY. YOU
UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE
OBTAIN INFORMATION, DATA OR MATERIALS, THROUGH THE
SALIENTGATE WEBSITE OR ANY THIRD-PARTY SERVICES AT YOUR OWN
RISK
AND
DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
6.
Limitation of Liability
IN
NO EVENT WILL SALIENTGATE, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES,
AGENTS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS WEBSITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, LINE OR SYSTEM
FAILURE, (II) ANY COMPUTER VIRUS, BUGS, TROJAN HORSES AND THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY
(III) ANY PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THIS WEBSITE, (IV) ANY LOSS OR DAMAGE OF ANY
KIND
INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SALIENTGATE WEBSITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SALIENTGATE
RESERVES THE RIGHT TO ALTER, DISCONTINUE OR REMOVE ANY PORTION
OF THIS WEBSITE OR TO
SUSPEND OR TERMINATE YOUR ACCOUNT WITH SALIENTGATE IN ANY WAY, AT ANY
TIME, FOR ANY REASON,
WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR ANY
CONSEQUENCES OF SUCH CHANGES.
YOU
ACKNOWLEDGE THAT SALIENTGATE 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.
7.
Indemnity
You agree
to defend, indemnify and hold harmless SalientGate, its
owners, employees, affiliates and agents, from and against any and all
claims,
obligations, damages,
liabilities, losses, costs or debt, and expenses
(including but not limited to attorney's fees) arising from:
(i)
your
use of and access to the SalientGate website.
(ii) your violation of any
term of these Terms of Use.
(iii) your violation of any third party
right, including without limitation any copyright, property right, or
privacy
right.
8.
Choice of Law
These
Terms of Use shall be governed and construed in accordance
with the laws of the State of Kansas, excluding its conflicts of law
rules.
Any dispute arising out of or relating to these Terms of Use
or your use or access
of the SalientGate website will be subject to the
exclusive jurisdiction of the state and federal courts located within
Riley County in the State of Kansas, and you hereby submit to
the personal jurisdiction of such courts. YOU AND SALIENTGATE AGREE
THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SALIENTGATE
WEBSITE
MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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