Links to Third Party Websites The Site, Services and/or Content may contain links to independent third party websites and to information provided on such independent third party websites. These independent third party websites are provided solely as a convenience to you and other visitors of the Site, and are not under our control whatsoever. Gadget Software is not responsible for and does not endorse the content of such independent third party websites, including any content, information or services contained on such independent third party websites, nor is it responsible for any changes or updates to such independent third party websites. You will need to make your own independent judgment regarding your interaction with and use of these independent third party websites, which will be at your risk. You agree that Gadget Software shall not be directly or indirectly responsible or liable for any cost, damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, information or services available on or through any such independent third party websites. Some of these websites might be subject to fees charged by such websites, you agree such costs shall be borne by You and not Gadget Software.
Changes and Notices We reserve the right, at our sole discretion, to amend these Terms, at any time, without notice to you. Please check these Terms periodically for changes. If we modify these Terms, we will post the modification on the Site. We will also update the "Last Updated Date" at the bottom of this page. The revised Terms will be effective when posted. You may access the updated Terms by clicking on the "Legal" link which is included at the bottom of each web page of the Site. By continuing to use the Site after we have posted changes to the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site or Services.
Further, we reserve the right, at our sole discretion, to modify, change or discontinue any part or all of the Site and/or the Services and/or their scope or availability, at any time, without notice to you. Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH, THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
Site and Services' Availability The availability and functionality of the Site and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. Gadget Software DOES NOT WARRANT THAT THE SITE AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Change or Termination of Operation At any time, we reserve the right, without notice, to do any of the following: (1) modify, suspend or terminate the operation of or access to the Site, Services and/or Content or any portion thereof, for any reason; (2) modify or change the Site, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Site, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclaimer of Warranty THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GADGET SOFTWARE DOES NOT GUARANTEE THAT THE SITE, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GADGET SOFTWARE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATABILITY. GADGET SOFTWARE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, SERVICES AND/OR CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICES, CONTENT AND ANY SITE LINKED THERETO. YOUR SOLE REMEDY AGAINST GADGET SOFTWARE FOR DISSATISFACTION WITH THE SITE, SERVICES AND/OR CONTENT IS TO STOP USING THE SITE, SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL GADGET SOFTWARE BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF GADGET SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE SITE AND SERVICES; (IV) ANY FAULT OR ERROR MADE BY ANY MEMBER OF GADGET SOFTWARE OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES; (V) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE SITE OR SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE OF THE SITE AND/OR SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification You agree to defend, indemnify and hold harmless Gadget Software, and its respective officers, directors, employees and agents, licensors, licensees, distributors, agents, representatives and other authorized users, and each of Gadget Software's Affiliates entities' respective resellers, distributors, service providers and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys' fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Site, the Services and/or the Content; (ii) your violation of these Terms and/or any Additional Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Export Restrictions You agree to comply fully with all U.S. export laws and regulations, including: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act, to ensure that the Site, the Services or the Content are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Site, the Services or the Content to any U.S.-embargoed country. By accessing, using or downloading the Site, the Services or the Content (as applicable), you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "State Sponsors of Terrorism"; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination of Your Account We may limit, suspend or terminate your account and/or your ability to access the Site and your use of the Site or any areas of the Site, Service or any Content provided on or through the Site, in our sole discretion, immediately, and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Terms and/or the applicable Additional Terms. You agree that we shall not be liable to you or any third party for any limitation, suspension or termination of your access to or use of the Site, Services or any Content.
You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the Site or Services through use of a different user name or otherwise.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Gadget Software, for which monetary damages would be inadequate, and you consent to Gadget Software obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If any member of Gadget Software does take any legal action against you as a result of your violation of these Terms, such member will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to such member of Gadget Software. You agree that we will not be liable to you or to any third party for termination of your access to the Site or the Services as a result of any violation of these Terms.
Governing Law, Jurisdiction These Terms and your use of the Site will be governed by and construed in accordance with the laws of Delaware, USA, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Delaware.
The Courts located in Delaware shall have sole and exclusive jurisdiction over you and Gadget Software and the subject matter of these Terms. Each party hereby expressly consents to personal jurisdiction in Delaware and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.
Surviving Terms The following sections shall survive the termination or expiration of these Terms: Proprietary Rights of Gadget Software, User Submissions, Requests to Remove Content, Privacy, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law & Jurisdiction.
Contact Us At any time, you may contact us with any question, claim or complaint that you may have with respect to the Site, Service or any Content, at: Gadget Software One Gateway Suite 2600 Newark, NJ 07102 Email: email@example.com
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations).
Information Gathering and Usage When you register for Gadget Software, we ask for information such as your name, email address, mailing address. Gadget Software uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
Children's Privacy Personal information about children who are under 13 years of age is not knowingly or intentionally collected.
58 Park Place
Newark, NJ 07102