A. Terms & Conditions
B. Privacy Policy
A. Privacy Policy
TOWERGATE SOFTWARE INC.’S PRIVACY POLICY
The www.towergatesoftware.com web site (the “Site”) is owned and operated by Towergate Software, Inc. (“Towergate”). Towergate is committed to maintaining your confidence and trust with respect to the information we collect from you. This privacy policy sets forth the information we collect about you, how we use this information, and the choices you have about how we use such information.
COOKIES
Like most web sites, Towergate collects information regarding your use of the Site through the use of cookies. Cookies are anonymous, unique alphanumeric identifiers sent to your browser from a website’s computers and stored on your computer. The type of information we collect as a result of a cookie being stored on your computer includes the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; and click stream data, including date and time, cookie number and content you viewed or searched for on the Site.
We collect and use, and may from time to time supply third parties with, non-personally identifiable information as anonymous, aggregated user data for the purposes of site usage analysis, quality control and improving the Site. We use temporary “session” cookies to maintain information we need to have in order for you to view articles and browse from page to page. We use “persistent” cookies to give you a more personalized browsing experience and to help you navigate the Site more efficiently. In all cases in which cookies are used, the cookie will not collect personally identifiable information except with your explicit permission. You can prevent your browser from accepting new cookies, have the browser notify you when you receive a new cookie, or disable cookies altogether by accessing your browser’s preferences menu.
The Site may contain links to other web sites that are beyond our control. In the event you choose to access such web sites, Towergate is not responsible for any actions or policies of such third parties. We recommend that you check the applicable privacy policy of such party before submitting any information to them.
COLLECTION AND USE OF INFORMATION
In order to access certain content and features of the Site, you will be provided with a personal User Name and Password. This User Name and Password may correspond to your contact information, such as your name, e-mail address, postal address, and country of residence (“Personal Information”).
The Site may provide you with email capabilities and/or bulletin boards for your use. In the event you voluntarily disclose Personal Information using such services, that information, along with any substantive information disclosed in your communication or post, can be collected, correlated and used by third parties. This may result in unsolicited messages from third parties. Such activities are beyond the control of Towergate. Towergate does not monitor or review the contents of any email or bulletin board message.
HOW PERSONAL INFORMATION IS USED
We use the Personal Information for completion and support of the activity for which the information was provided, such as allowing access to or delivery of our products or services or responding to your requests or inquiries.
We also may use the Personal Information for Site and system administration, such as for the technical support of the Site and its computer system, including processing computer account information, information used in the course of securing and maintaining the Site, and verification of Site activity by the Site or its agents; tailoring or customizing content or design of the Site during a single visit to the Site and individualized personalization of the Site on repeat visits; research and development to enhance, evaluate and improve the Site and our services; analysis to create a profile used to determine the habits, interests or other characteristics of users for purposes of research, analysis and anonymous reporting, and communicating with you about changes or updates to the Site or, with your consent, special offers or promotions.
OUR COMMITMENT TO DATA SECURITY
We recognize that your privacy is important to you, and therefore, we endeavor to keep your Personal Information confidential. The Personal information about each user is stored on servers that are behind a firewall and physically housed within a secure data center. Furthermore, our internal practices help protect your privacy by limiting employee access to and use of Personal Information. However, we do not represent, warrant, or guarantee that your personal information will be protected against unauthorized access, loss, misuse, or alterations, and do not accept any liability for the security of the Personal Information submitted to us nor for your or third parties’ use or misuse of Personal Information.
ABOUT THIS PRIVACY POLICY
Any changes to our Privacy Policy will be posted on this page so that you are always aware of our policies.
We invite your comments and questions about the Site, your experience with our site and services, and our Privacy Policy. Please contact us at info@towergatesoftware.com.
If at any time you believe that we have not adhered to this privacy policy, please contact Towergate. Towergate will use reasonable efforts to resolve and disputes under this privacy policy and will use reasonable efforts to promptly investigate and, if necessary, correct any problem.
Last Updated: December 16, 2009
TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS
This Terms & Conditions agreement (“Agreement”) is between Towergate Software Inc. (“Towergate”) and you and your agents (“you” or “yours”) for the use of this web site (the “Site”). This Agreement includes any guidelines or rules posted and updated on the Site by Towergate from time to time. By using the Site, you agree to this Agreement. You can review the most current version of this Agreement at any time at www.towergatesoftware.com.
2. OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT
The Site is owned by Towergate. You acknowledge that this Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by Towergate or by licensors of Towergate. You agree and acknowledge that the Content or its use or the use of this Site is protected by patents, copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by Towergate. In addition to Towergate’s and its licensors’ rights in individual elements of the Content, Towergate owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit the Site and/or any of the Content, in whole or in part, without prior written permission by Towergate.
3. PRIVACY POLICY
Our Privacy Policy may be viewed at www.towergatesoftware.com. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.
4. ACCESS TO CLIENT SERVICES
In order to access certain content and features of the Site, Towergate will provide you with a personal User Name and Password. You are entirely responsible for maintaining the security and confidentiality of your User Name and Password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Towergate immediately of any unauthorized use of your account or any other breach of security. Towergate will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Towergate or another party due to someone else using your account or password.
5. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOWERGATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TOWERGATE MAKES NO WARRANTY THAT THE SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USING THE SITE.
6. NO LEGAL ADVICE
NOTHING ON THE SITE OR THE CONTENT CONTAINED THEREIN SHALL BE CONSTRUED AS LEGAL ADVICE, AND YOUR USE OF THE SITE SHALL NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN TOWERGATE AND YOU.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOWERGATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF TOWERGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
8. YOUR CONDUCT ON THE SITE
In the event that Towergate permits you to upload, post, e-mail or otherwise transmit content, data, information or other materials (collectively, “User Content”) for display on the Site or otherwise, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party’s rights. By submitting User Content to Towergate, you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Site (including in any e-mail message or any chat board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that Towergate is not responsible or liable to you or any other party or user of the Site for any Prohibited Conduct by you or any other party or user of the Site.
You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).
You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect Towergate or any user of the Site.
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
9. YOUR WARRANTIES
By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that your and your employees and agents use of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
10. DISCLAIMER OF CONTENT
You understand and acknowledge that Towergate assumes no responsibility to screen or review Content and/or User Content that is originated by parties other than Towergate, and that Towergate shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Site. Towergate expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
11. YOUR SUBMISSIONS
If you contact Towergate with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, Content, or any item on the Site (collectively, “User Feedback”), the User Feedback shall be deemed to be non-confidential and Towergate shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that Towergate shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, Towergate shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. Towergate shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
12. LINKS
The Site may provide links to third party web sites, or third parties may provide links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Towergate with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Towergate is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. TOWERGATE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
13. INDEMNITY
You agree to defend, indemnify and hold Towergate, its officers, directors, employees and agents, harmless from and against any third party claim, action or demand (“Claim”) and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site and/or its Content and/or User Content. Towergate shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
14. TRADEMARK INFORMATION
This Site contains valuable trademarks owned and used by Towergate. Towergate uses these trademarks to distinguish its goods and services from those of others. The Site may also contain references to other entities’ trademarks and service marks. Such references are for identification purposes only. Towergate does not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing in its Site. You agree not to use or display trademarks without the prior written consent of Towergate or the owner of such mark.
15. MISCELLANEOUS
You understand and agree that Towergate may from time to time establish and revise practices and limitations concerning the Site and your use of the Site. Towergate may provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Site.
This Agreement constitutes the entire agreement between you and Towergate and governs your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content available through the Site.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
You and Towergate and any of its employees, contractors, officers, or directors agree that this Agreement and the relationship between you and Towergate will be governed by the laws of the state of Virginia, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Towergate will rest exclusively in the state and federal courts located in the state of New York.
The failure of Towergate to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition.
Last Updated: December 16, 2009