Last updated August 14, 2024
The following terms and conditions (the “Terms”) shall govern all use of the Gateway Customer Portal
and all content, services and products available at or through the portal, including but not limited to
Gateway Knowledge Base, Gateway Learning Portal, Gateway Customer Community, and Gateway
Support Desk (each, a “Portal Service” and, collectively, the “Customer Portal”) by a direct customer
of Gateway, a Gateway authorized reseller or reseller’s customer (the, “Customer”) and/or any
individual with access to the Customer Portal whether or not such individual is employed by or
affiliated with a Customer or reseller (each such individual hereafter referred to as “User”). The
Customer Portal is owned and operated by Gateway Ticketing Systems, Inc. (“Gateway”) and/or its
suppliers.
Each User must read through these Terms carefully before accessing or using the Customer Portal. By
accessing or using any part of the Customer Portal, the User agrees to become bound by the Terms
contained herein. If the User does not agree to all of the Terms, then that User may not access the
Customer Portal or any of the Portal Services.
- User Account. When a User registers an account on the Customer Portal, the User shall be
responsible for maintaining the security of the User’s account, and shall be fully responsible for all
activities that occur under the account and any other actions taken in connection to the account.
The User must notify Gateway promptly of any unauthorized uses of User’s account or any other
breaches of security. Under no circumstances will Gateway be liable for any acts or omissions by
User, including any damages of any kind incurred as result of such acts or omissions.
- Responsibility of Users and/or Contributors. If User should operate a forum, comment on a forum,
post material to the Customer Portal, post links on the Customer Portal, or otherwise make (or
allow any third party to make) material available by means of the Customer Portal (any such
material, the “Content”), User shall be entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the Content in question
constitutes text, graphics, audio file, or computer software. By making Content available, User
represents that:
a. The downloading, copying, and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret, of any third
party;
b. The Customer to which the User is affiliated or employee is employed has granted
permission to the User to post or make available any Content pertaining to the Customer;
c. The Content is not spam, is not machine- or randomly-generated, and does not contain
unethical or unwanted commercial content designed to drive traffic to third party sites or
boost the search engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as spoofing);
d. The Content does not contain or install any viruses, worms, malware, Trojan horses or
other harmful or destructive content;
e. The Content is not pornographic, libelous or defamatory, does not contain threats or incite
violence towards individuals or entities, and does not violate the privacy or publicity rights
of any third party.
By submitting Content on the Customer Portal, User agrees that Gateway has the right (though not
the obligation) to, in Gateway’s sole discretion, (i) refuse or remove any content that, in
Gateway’s reasonable opinion, violates any policy of Gateway or applicable Gateway supplier or is
in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Customer
Portal to any individual or entity for any reason, in Gateway’s sole discretion.
- The User agrees that the Customer Portal contains certain content, documents and/or software
that is proprietary and confidential to Gateway, its suppliers, and/or other Users and Customers
which have access to the Customer Portal (the “Confidential Information”). User agrees not to
provide or otherwise make available any Confidential Information or other related material to any
person other than User and the related Customer’s employees without prior written consent from
Gateway. Further, use of any Confidential Information is subject to the confidentiality and nondisclosure
terms contained in the contract between the related Customer and Gateway, except
where User is an individual with access to the Customer Portal without any affiliation with a
Customer or reseller, in which case use of any Confidential Information is subject to the following
terms:
a. The User agrees that it will hold and use the Confidential Information in the same manner
as it deals with its own private and confidential information and that User will not divulge,
nor permit any other person(s) to have access to the data or information with respect to
any such Confidential Information, programs, and/or technology embodied therein or any
other documentation, models, descriptions, forms, instructions, or other information
relating thereto. If User shall attempt to dispose of the Confidential Information or any of
its aspects or components or any duplication or modification thereof in a manner contrary
to the purpose intended and permitted herein, Gateway shall have the right, in addition to
such other remedies, which may be available to it, to injunctive relief enjoining such acts
or attempts, it being acknowledged that legal remedies may be inadequate.
- The User acknowledges and understands that certain portions of the Customer Portal may contain
Content that may be provided or owned by third-parties (“Third-Party Content”). User understands
that Gateway is not a publisher of any Third Party Content accessed through the Customer Portal
and, unless the same is required by Gateway to provide the Customer Portal, is not responsible for
the content, accuracy, timeliness, or delivery of any opinions, advice, statements, messages,
services, graphics, data or any other information provided to or by any third parties as accessible
through the Customer Portal. User further acknowledges and agrees that, unless the same is
required by Gateway for usage of the Customer Portal, User is solely responsible for accessing,
entering into, and complying with any terms and conditions governing any Third-Party Content.
Further, User acknowledges and agrees that Gateway does not develop and does not control any
Content, services or products (including software) that User upload into the Customer Portal and
access, downloads, receives or purchases through or relating to any Third-Party Content while using
the Customer Portal.
- Any self-paced learning courses purchased with learning hours are non-refundable. These courses
will expire when Gateway sunsets the related software version or when the Customer no longer has
an active maintenance agreement with Gateway.
- Data Use. User agrees that data derived by Gateway or its suppliers from Gateway or its supplier’s
performance in providing any portion of the Customer Portal or input by User may be used for the
purposes of analysis, including statistical analysis, trend analysis, creation of data models, and
creation of statistical rules, except that such analysis shall be performed solely by Gateway or its
suppliers and such analysis shall be performed only in conjunction with data derived by Gateway
from Gateway’s provision of the Customer Portal, input by other Gateway Customers or Users or
obtained from party data sources. The results of such analysis (“De-identified Data”) may be used
by Gateway or its suppliers for any lawful purpose. Notwithstanding anything contained in these
Terms to the contrary, De-identified Data shall not contain (i) any Proprietary Information of
Customers or Users, (ii) any information that identifies or can be reasonably used to identify an
individual person, (iii) any information that identifies or can be reasonably used to identify
Customer or its affiliates, suppliers, or end users, or (iv) any information that identifies or can be
reasonably used to identify any activities or behaviors of the User.
- User may report and self-submit issues through the Gateway Support Desk available on the
Customer Portal. Gateway’s response to such issues and provision of support shall be in
accordance with the relative Customer’s applicable maintenance agreement and/or any Premier
Support Tier to which the Customer has elected.
- The Customer Portal is provided “as is”. Gateway and its suppliers hereby disclaim all warranties
of any kind, express or implied, including without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither Gateway nor its suppliers, makes
any warranty that the Customer Portal will be error free or that access thereto will be continuous
or uninterrupted.
- In no event will Gateway, or its suppliers, be liable with respect to any subject matter of these
Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any
special, incidental or consequential damages; or (ii) for interruption of use or loss or corruption of
data.
- User agrees to indemnify, defend, and hold harmless Gateway, its suppliers, and its licensors, and
their respective directors, officers, employees and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of the User’s use of the Customer Portal, including
but not limited to User’s violation of these Terms.
- These Terms constitute the entire agreement between the User and Gateway concerning the
subject matter hereof, and may only be amended by written amendment authorized by Gateway.
The Terms shall be governed by the laws of the Commonwealth of Pennsylvania without regard to
its choice of law or conflict of laws provisions.