Terms and Conditions of Use
Welcome to our Website . By using this Website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Website.
These Terms and Conditions of Use (the “Terms”) are made by and between The Gateway Engineers, Inc. (“Gateway”) and you, the user (“you”, “your” or “user”). By accessing, visiting, browsing, using or interacting with this Website or content, you agree that you have read, understand and agree to be bound by these Terms. Gateway reserves the right to change these Terms at any time and without notice to you.
The Website and content available within is for informational purposes only. Neither the Website nor the content available within constitutes professional advice of any kind, whether engineering, civil engineering, legal, or any other professional advice, and neither should be relied upon by you or any third party. Gateway assumes no liability for readers’ use of the information herein.
2. Ownership. All content included on this Website is and shall continue to be the property of Gateway or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
4. Trademarks. Gateway’s name and logo, and other trademark and services marks found on this Website are the exclusive property of Gateway. Other product and company names mentioned on this Website may be trademarks of their respective owners.
5. Website Use. Gateway grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the website, or use materials, products or services in violation of any law. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this Website. The use of this Website is at the discretion of Gateway and Gateway may terminate your use of this Website at any time.
6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
7. Indemnification. To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold Gateway, its affiliates, employees, board members, officers, contractors, and their insurers harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) and expenses in connection with any claim arising out of or in connection with any content or information posted or transmitted by you using the Website or otherwise arising out of your use of the Website or use of the Website by any third party who is given or gains access to the Website due to your action or inaction. Gateway has the right at any time to forego the indemnification and assume the defense of any claim. Notwithstanding the foregoing, it is not the intent of Gateway to affect the rights of Gateway or their insurers to assume the defense or settlement of any claim against Gateway for which insurance coverage is sought under any applicable insurance policy.
8. Disclaimer. GATEWAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, TOOLS, APPLICATIONS, SOFTWARE, ETC. WITHIN, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATEWAY EXCLUDES AND DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WITH RESPECT TO THE SAME, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, NON- INTERFERENCE, ERROR-FREE SERVICE, AND UNINTERRUPTED SERVICE. GATEWAY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION, MATERIALS, TOOLS, APPLICATIONS, SOFTWARE, ETC. CONTAINED ON THIS WEBSITE. BY MAKING AVAILABLE THE WEBSITE, GATEWAY IS NOT MAKING AN OFFER OF PROFESSIONAL SERVICES AND THE INFORMATION PRESENTED ON THE WEBSITE SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR SERVICE. GATEWAY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, MATERIALS AND INFORMATION PROVIDED THROUGH THE WEBSITE, OR TOOLS, APPLICATIONS, SOFTWARE OR INFORMATION ACCESSIBLE FROM THE WEBSITE WILL BE ACCURATE, CURRENT, UNINTERRUPTED, ERROR-FREE, OMISSION-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Although Gateway uses reasonable efforts to maintain the accuracy and timeliness of the content of this Website, Gateway makes no warranties or representations as to its accuracy or timeliness or with respect to the functionality or availability of the Website or the content and with no guarantee that the Website or the content are complete, accurate, or timely, nor any guarantee regarding any results you or others may obtain from use of the Website or the content. This Website may contain typographical errors and technical inaccuracies. Gateway assumes no liability or responsibility for any errors or omissions in the content of this Website. Gateway assumes no responsibility or liability for, does not endorse or support and expressly disclaims any positions, policies, studies, assumptions, conclusions, statements, assertions or implications with respect to any or your use of the content, information or materials on the Website.
Although Gateway uses reasonable efforts to ensure that all application, tools, etc. provided at this Website is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the application, tools, etc. with your specific computer system. Gateway may update and/or modify the information contained on this Website at any time and without notice.
9. Limitation of Liability. THE WEBSITE AND THE CONTENT WITHIN ARE PROVIDED FOR INFORMATION PURPOSES ONLY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GATEWAY, ITS AFFILIATES, AGENTS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, MATERIALS YOU OBTAIN VIA THE WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
You acknowledge and accept that use of the Website is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, Gateway is not liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Website arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GATEWAY DISCLAIMS ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GATEWAY SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITE; ANY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH IT; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITE OR THE CONTENT OR INFORMATION MADE AVAILABLE THROUGH IT; OR FOR ANY LOSS OR DAMAGES – INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES – THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, INFORMATION OR MATERIALS ACCESSED OR OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITE.
10. Applicable Law; Venue. You agree that the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws provisions of any jurisdiction, will govern these Terms and Condition of Use and any dispute that may arise between you and Gateway or its affiliates. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Allegheny County, Pennsylvania.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY THE WEBSITE, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.