Terms of Use


We appreciate your visit to Spectacularsign.com. We have established the following guidelines for business plans or ideas submitted to us. Please carefully review these guidelines before using this site. By visiting this web site, you are agreeing to these guidelines. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Gateway Triangle Development ("Gateway") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Gateway retains the right to deny access to anyone at its sole and absolute discretion for any reason whatsoever.

The content of this web site shall in no event be construed as an offer or commitment to lease or sell the spectacular sign. Gateway hereby reserves the right, at any time and from time to time and without advance notice, to withdraw any and all programs, services, signs and billboards listed on this web site, or change or modify the terms or requirements at Gateway's sole and absolute discretion.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Upon approval of your application at Gateway's sole and absolute discretion, you then will be forwarded a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gateway immediately of any unauthorized use of your account or any other breach of security. Gateway will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you would be held liable for losses incurred by Gateway or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

DISCLAIMER OF WARRANTIES AND LIABILITY


Information on this site includes forward-looking statements. We have based these forward-looking statements on our current expectations and projections about future events. These forward-looking statements are subject to known and unknown risks, uncertainties and assumptions about us and our partner companies or portfolio companies, which may cause our actual results, levels of activity, performance, or achievements to be materially different from any future results, levels of activity, performance, or achievements expressed or implied by such forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as "may," "will," "should," "could," "would," "expect," "plan," "anticipate," "believe," "estimate," "continue," or the negative of such terms or other similar expressions. Gateway does not represent or endorse the accuracy or reliability of any of the information, contents or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Gateway reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials. THE SERVICE AND THE MATERIALS ARE PROVIDED BY GATEWAY ON AN "AS IS" BASIS, AND GATEWAY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL GATEWAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS. Gateway encourages you to exercise discretion while browsing the Internet using directories listed in this web site. The directory may direct you to sites containing information that some people may find offensive or inappropriate. Gateway makes no representations concerning any endeavor to review the content of the sites listed in the directory or any of the Materials, and so Gateway isn't responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the directory or in the Materials.

THE MATERIALS ON GATEWAY'S WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GATEWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER GATEWAY, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF GATEWAY'S WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GATEWAY OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON GATEWAY'S WEB SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. GATEWAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN GATEWAY'S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT USE OF THE GATEWAY SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER GATEWAY, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF GATEWAY'S WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER GATEWAY WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GATEWAY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT GATEWAY) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL-NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GATEWAY IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Gateway, its related companies or by other parties. The copyrights and trademarks of other companies shown or referenced on this site, is the trademark and is the property of such respective company. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No association with any real company, organization, product, person, or event is intended or should be inferred. Material on spectacularsign.com or any Web site owned, operated, licensed or controlled by Gateway is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Gateway. Use of the materials on any other Web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Gateway's copyrights, trademarks and other proprietary rights, and is prohibited. Gateway respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gateway with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Gateway, its subsidiaries and other affiliated companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. Gateway reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gateway in asserting any available defenses.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the Gateway Web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Gateway from its offices within the State of California, United States of America. Gateway makes no representation that materials in Gateway's Web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Gateway bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by the authorized person at Gateway.

TERMINATION

Gateway reserves the right at any time, in its sole and absolute discretion, to terminate your access to all or part of this site, with or without notice.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. Gateway is free to use such information on an unrestricted basis.

Copyright © 2001 Gateway Triangle Development. All rights reserved.