Terms and Conditions
Terms and Conditions of Use
Effective April 1, 2011
The following terms constitute an agreement between you and Softgate Systems, Inc. (“Softgate”), the operator of http://www.softgatesystems/ and any related sites ("the Site").
This agreement (“Agreement”) governs your use of the Site, both as a casual visitor and a customer. BY ASSESSING OR USING THE SITE YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS, including that you agree to transact with us electronically and that you consent to the information practices disclosed in our Privacy Policy. Please note that we offer the Site "AS IS" and without warranties.
Use of Site
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means.
Privacy
You agree that you have read, understood and accept the terms of Softgate’s Privacy Policy stated below.
Links to Other Websites
Softgate may contain links to other websites that are not under the control of Softgate. The inclusion of any link does not imply endorsement by Softgate of such site and Softgate is not responsible for the content of such linked sites.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Disclaimer of Warranties
The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. Softgate does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. Softgate does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected. IF APPLICABLE, DUE TO PRICE OR OTHER CHANGES, SOFTGATE DOES NOT PROMISE OR REPRESENT THAT ANY PRICE OR QUOTES FOR SERVICES ARE CURRENT; YOU ARE REQUESTED TO CONTACT SOFTGATE FOR AN EXACT PRICE FOR ANY ITEMS LISTED HEREIN.
Limitation of Liability
Under no circumstances shall Softgate, its officers, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.
Indemnification
You agree to indemnify and hold harmless Softgate, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Governing Law and Venue
This agreement shall be governed by the laws of the State of New Jersey and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of New Jersey, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of New Jersey, County of Mercer.
Miscellaneous Terms
“Softgate” and “PayXchange” are trademarks of Softgate Systems, Inc. You agree not to display or use these trademarks in any manner without Softgate’s prior, written permission. Softgate may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.