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Terms Of Use

AGREEMENT BETWEEN USER AND THE SECURE GATEWAY

The Secure Gateway Web Site is comprised of various Web pages operated by by Secure CyberGateway Services LLC ("The Secure Gateway").

The Secure Gateway Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained in this Terms of Use. Your use of The Secure Gateway Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The Secure Gateway reserves the right to change the terms, conditions, and notices under which The Secure Gateway Web Site is offered, including but not limited to the charges associated with the use of The Secure Gateway Web Site.

LINKS TO THIRD PARTY SITES

The Secure Gateway Web Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Secure Gateway and The Secure Gateway is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. The Secure Gateway is not responsible for webcasting or any other form of transmission received from any Linked Site. The Secure Gateway is providing these Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by The Secure Gateway of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of The Secure Gateway Web Site, you warrant to The Secure Gateway that you will not use The Secure Gateway Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use The Secure Gateway Web Site in any manner which could damage, disable, overburden, or impair The Secure Gateway Web Site or interfere with any other party's use and enjoyment of The Secure Gateway Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Secure Gateway Web Site.

Materials downloaded from The Secure Gateway Web site are subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE SECURE GATEWAY OR POSTED AT THE SECURE GATEWAY WEB SITE

The Secure Gateway does not claim ownership of the materials you provide to The Secure Gateway (including feedback and suggestions, together your "Submission") or post, upload, input or submit to any The Secure Gateway Web Site or its associated services. However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Secure Gateway, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Secure Gateway is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Secure Gateway's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SECURE GATEWAY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE SECURE GATEWAY. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SECURE GATEWAY WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SECURE GATEWAY WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE SECURE GATEWAY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED ON THE SECURE GATEWAY WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE SECURE GATEWAY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SECURE GATEWAY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SECURE GATEWAY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SECURE GATEWAY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SECURE GATEWAY WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SECURE GATEWAY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE SECURE GATEWAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SECURE GATEWAY WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SECURE GATEWAY WEB SITE.

USER SHALL INDEMNIFY AND HOLD HARMLESS THE SECURE GATEWAY AND ITS AGENTS, REPRESENTATIVES, AFFILIATES, CONTRACTORS, AND SUB-CONTRACTORS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, COST, DAMAGE OR EXPENSE, INCLUDING, WITHOUT LIMITATION ILLEGAL OR IMPROPER USES OF THE SECURE GATEWAY'S PAYMENT SYSTEM, UNAUTHORIZED INTRUSIONS OR ATTACKS ON THE SECURE GATEWAY'S PAYMENT SYSTEM THAT MAY IMPAIR THE OPERATIONS OF ITS PAYMENT SYSTEM, CHANGES OR FAILURES TO COMPLY WITH CREDIT CARD ASSOCIATION RULES, COURT COSTS AND REASONABLE ATTORNEYS' FEES AND EXPENSES, ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THE USE OF ANY AND ALL WEB PAGES OR WEB SITES OPERATED BY THE SECURE GATEWAY , INCLUDING THE SECURE GATEWAY WEB SITE AND THE LINKED SITES. USER SHALL REIMBURSE SAID INDEMNIFIED PARTIES FOR ANY LEGAL OR OTHER EXPENSES REASONABLY INCURRED IN CONNECTION WITH INVESTIGATING OR DEFENDING ANY SUCH CLAIM AS SUCH EXPENSES ARE INCURRED.

TERMINATION/ACCESS RESTRICTION

The Secure Gateway reserves the right, in its sole discretion, to terminate your access to The Secure Gateway Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of The Secure Gateway Web Site. Use of The Secure Gateway Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and The Secure Gateway as a result of this agreement or use of The Secure Gateway Web Site. The Secure Gateway's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Secure Gateway's right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Secure Gateway Web Site or information provided to or gathered by The Secure Gateway with respect to such use. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Secure Gateway with respect to The Secure Gateway Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Secure Gateway with respect to The Secure Gateway Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

SERVICE HOURS AND AVAILABILITY

Availability to use The Secure Gateway Web Site is any time, day or night, seven (7) days a week provided, however, the site will be temporarily unavailable from time-to-time for scheduled maintenance. Unscheduled downtime may also occur, but The Secure Gateway will reasonably attempt to minimize service interruptions.

COPYRIGHT

All contents of The Secure Gateway Web Site are: Copyright 2011 The Secure Gateway and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.

Privacy Statement

The Secure Gateway (by Secure CyberGateway Services LLC) is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to The Secure Gateway Web site and governs data collection and usage. By using The Secure Gateway website, you consent to the data practices described in this statement.

Collection of your Personal Information

The Secure Gateway collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. The Secure Gateway also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by The Secure Gatreway. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by The Secure Gateway for the operation of the service, to maintain quality of the service and to provide general statistics regarding use of The Secure Gateway Web Site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through The Secure Gateway public message boards, this information may be collected and used by others. Note: The Secure Gateway does not read any of your private online communications.

The Secure Gateway encourages you to review the privacy statements of websites you choose to link to from The Secure Gateway so that you can understand how those websites collect, use and share your information. The Secure Gateway is not responsible for the privacy statements or other content on websites outside of The Secure Gateway and The Secure Gateway family of websites.

Use of your Personal Information

The Secure Gateway collects and uses your personal information to operate The Secure Gateway Web site and deliver the services you have requested. The Secure Gateway also uses your personally identifiable information to inform you of other products or services available from The Secure Gateway and its affiliates. The Secure Gateway may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

The Secure Gateway does not sell, rent or lease its customer lists to non-affiliated third parties. The Secure Gateway may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, The Secure Gateway may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Secure Gateway, and they are required to maintain the confidentiality of your information.

The Secure Gateway does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your consent.

The Secure Gateway keeps track of the websites and pages our customers visit within The Secure Gateway in order to determine what The Secure Gateway services are the most popular. This data is used to deliver customized content and advertising within The Secure Gateway Web Site to customers whose behavior indicates that they are interested in a particular subject area.

The Secure Gateway will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Secure Gateway or the website; (b) protect and defend the rights or property of The Secure Gateway; and, (c) act under exigent circumstances to protect the personal safety of users of The Secure Gateway Web Site, or the public.

Use of Cookies

The Secure Gateway Web Site uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize The Secure Gateway pages, or register with The Secure Gateway site or services, a cookie helps The Secure Gateway to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same The Secure Gateway Web Site, the information you previously provided can be retrieved, so you can easily use The Secure Gateway features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of The Secure Gateway services or websites you visit.

Security of your Personal Information

The Secure Gateway secures your personal information from unauthorized access, use or disclosure. The Secure Gateway secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. Cyber Secure Gateway LLC is compliant with the Payment Card Industry Data Security Standard ("PCI DSS") as a Level 1 service provider. by Secure CyberGateway Services LLC, adheres to the PCI DSS bankcard industry's security standard. These security measures include: physical, electronic, and procedural safeguards; security monitoring tools; documented security policies; use of strong encryption.

Changes to this Statement

The Secure Gateway will occasionally update this Statement of Privacy to reflect changes in law and policy of The Secure Gateway and customer feedback. The Secure Gateway encourages you to periodically review this Statement to be informed of how The Secure Gateway is protecting your information.

Contact Information

The Secure Gateway welcomes your comments regarding this Statement of Privacy. If you believe that The Secure Gateway has not adhered to this Statement, please contact The Secure Gateway. We will use commercially reasonable efforts to promptly determine and remedy the problem.