GDoc End User License Agreement

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS GDOC PORTAL WEB SITE.

Terms of Service Acceptance

Welcome to the Gatekeeper Systems, Inc. (“Gatekeeper”) GDoc Portal (“GDoc Portal”) web site (the “Site”). You can visit this Site to, among other things, get information about our products and your use of our products, use our online tools and access Gatekeeper support and maintenance information.

All use of this Site is subject to the following terms and conditions (“Terms”). By using this Site, you are agreeing to be bound by these Terms. Furthermore, you represent and warrant that you are at least 18 years of age and that you possess the legal right to use this Site in accordance with these Terms. We reserve the right to change these Terms and our policies at any time in our sole discretion. Such changes shall become effective immediately upon the posting thereof. Your continued use of this Site following the posting of such changes will mean that you accept such changes and agree to be bound thereby. We encourage you to visit this page regularly to review the then-current Terms to which you will be bound. If you do not agree with these Terms, including any changes, you may not use this Site.

Certain features and services made available through this Site from time to time may be governed by additional or separate terms and conditions, rules or policies.

Registration

In order to access the GDoc Portal, you must be a current Gatekeeper employee, representative, distributor, or preferred vendor, with a valid contract in force between you or your organization and Gatekeeper. In addition, to access the GDoc Portal, you must have a Non-Disclosure Agreement in force between you or your organization and Gatekeeper.

We will require you to have a unique user ID/password combination in order to use this Site. Your user ID and password are personal to you, and you may not allow any others to use your user ID or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your user ID and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for any use of this Site or any other activity or conduct in connection with this Site by any others who use your user ID or password, unless and until you notify us that your user ID or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user ID or password or any other need to deactivate your user ID or password due to security concerns.

During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to complete the registration process and to use certain features and functions of this Site. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our Privacy Policy, which describes how we collect and use your personal information.

You may deactivate your registration (if any) on this Site, at any time and for any reason, by contacting Gatekeeper customer support at 1 (888) 808-9433 or emailing: gdoc@gatekeepersystems.com. We may terminate your use of and registration on this Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

External Site Links

For your convenience, this Site may provide hyperlinks to Web sites and servers maintained by third parties. Gatekeeper does not control, evaluate, endorse or guarantee content found in such other Web sites. Gatekeeper does not assume any responsibility or liability for the actions, products, services or content of such other Web sites or the parties that operate them. You should carefully review their privacy statements and other conditions of use. Your use of such other Web sites is entirely at your own risk.

Content Copyright

Unless otherwise stated, this Site and its contents including, but not limited to, all text, images, audio, video, HTML & ASP code, buttons and other materials contained herein, and their compilation and arrangement are the property of Gatekeeper and are protected by United States and international copyright laws. All trademarks used or referred to in this Site are the property of their respective owners.

Nothing contained in this site shall be construed as conferring by implication or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Gatekeeper or any third party. Neither this Site nor any of its contents may be copied, reproduced, republished, uploaded, posted, transmitted, framed or distributed in any way, without the prior written consent of Gatekeeper, except that you may download, display, and print one copy of the materials on any single computer solely for your internal business purposes, and further provided that you do not modify the material in any way and you keep intact all copyright, trademark and other proprietary notices. You may not modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof without the prior written consent of Gatekeeper. Use of data mining, robots and similar data gathering and extraction tools is expressly prohibited. Any rights not expressly granted herein are reserved.

Trademark Notice

All trademarks displayed on this site are subject to the trademark rights of Gatekeeper Systems, Inc. (commonly referred to as Gatekeeper) or are used under agreement by Gatekeeper Systems, Inc. These trademarks include, but are not limited to, product brand names, slogans, logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

No Rendering of Advice

he information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, design or other professional advice of any kind. Your use of this Site does not give rise to a customer, advisory, fiduciary or professional services relationship between you and Gatekeeper.

Accuracy of Information

While we use reasonable efforts to furnish accurate and up-to-date information, Gatekeeper does not warrant that any information contained in or made available through this Site is accurate, complete, reliable, current or error-free. Gatekeeper assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications. It is your responsibility to evaluate the accuracy, completeness, reliability, timeliness and/or usefulness of any information, opinion, advice or other content available through this Site.

As-Is Warranty Disclaimer and Limitations of Liability

THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND GATEKEEPER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SITE, MATERIALS, PRODUCT OR SERVICE ACCESSIBLE THROUGH THIS SITE. GATEKEEPER EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GATEKEEPER DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL GATEKEEPER BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, OR ANY COPYING, DISPLAYING OR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DAMAGE TO GOODWILL, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Feedback and Other Submissions

All comments, feedback, suggestions, ideas and similar submissions furnished to Gatekeeper in connection with your use of this Site shall be deemed assigned to and shall remain the property of Gatekeeper. No such submissions shall be subject to any obligation of confidence on the part of Gatekeeper, and Gatekeeper shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure. You represent that you have the lawful right to furnish such submissions to Gatekeeper and agree that you will not submit any information unless you are legally entitled to do so.

Termination or Suspension of Access; Modifications to Site

Gatekeeper reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of these Terms or any inappropriate or unlawful behavior on your part. In addition, Gatekeeper reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. Gatekeeper shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance. In addition, if for any reason your contractual relationship with Gatekeeper is no longer in force, your registration will be deactivated.

Jurisdiction

Gatekeeper maintains this site in California, U.S.A. You agree that these Terms and any legal action or proceeding relating to this Site shall be governed by the laws of the State of California without reference to its choice of law rules. If you attempt to bring any legal proceedings against Gatekeeper you specifically acknowledge that Gatekeeper is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this Site to choose the laws of the State of California to govern any such proceedings, we will probably choose to defend any such action in California and we can make this decision entirely as it suits us, without regard to where in the world you are located or from where in the world you visited this Site.

Privacy Policy

Certain information we may collect about you is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information.

Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous

These Terms contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If there is a determination that any provision of these Terms is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms, and these Terms shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of Gatekeeper to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action against Gatekeeper arising out of or related to use of this Site or under these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Privacy Policy

This Privacy Policy is incorporated by reference into the Gatekeeper GDoc Portal Terms of Service, which is also referred to as the Terms. All capitalized terms not defined herein shall have the meaning ascribed to such terms in the Terms. Users of the Site may submit comments or questions about our products and services and request information or to be added to our mailing list. The types of personally identifiable information that may be collected at the Site include: name, title, organization name, address, e-mail address, telephone number, and information about your interest in and use of our products and services.

We also may collect certain non-personally identifiable information when you visit many of the Site web pages such as the type of browser you are using (e.g., Chrome, Internet Explorer), the type of operating system you are using, (e.g., Windows XP or Mac OS) and the domain name of your Internet service provider.

We use the information you provide about yourself to fulfill your requests for our products and services, and to respond to your inquiries about our products. We also use this information to communicate with you, such as to notify you about updates, support and maintenance of products and services, or to assist you with any questions you have about our products and services or your use of products or services.

From time to time, we may use the personally identifiable information that we collect to offer you other products or services that we believe may be of interest to you.

We use the non-personally identifiable information that we collect to improve the design and content of the Site. We also may use this information in the aggregate to analyze the Site usage, as well as to offer you products or services.

We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. In addition, we may transfer information about you if we are acquired by or merged with another company.

We may use “cookies” to enhance your experience with our site. Cookies are text files we place in your computer’s browser to store your preferences. We use cookies to understand the Site usage and to improve the content and offerings on the Site. We also may use cookies to offer you products, programs, or services.

If you have any questions about the privacy policy for this Site, you may contact us at: GDoc@gatekeepersystems.com.

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