The bridginggaps.tech website (the “Site”) provides software templates. The Site is owned and operated by Bridging Gaps Software, LLC, which shall include its funders, successors, corporate parents, subsidiaries, affiliates, officers, directors, agents, developers, joint-venturers, advertisers, distributors and attorneys (the “Affiliated Entities”).
These Terms of Use (the “Terms”) shall apply to any access and use, by you or any other person using your user account, of the Site and of any information, text, graphics, video, data or other materials created and/or provided by Bridging Gaps Software, LLC or otherwise appearing on the Site. Your use of the Site signifies your agreement to be bound by these Terms of Use and the Privacy Policy, which is incorporated into these Terms by reference.
These Terms limit Bridging Gaps Software, LLC liability and obligations to you, grant Bridging Gaps Software, LLC certain rights and allow Bridging Gaps Software, LLC to change, suspend or terminate your access to and use of the Site. Your access to and use of the Site are expressly conditioned on your compliance with these Terms. You agree to notify any employees, agents, household members or other individuals who will access the Site of the terms and conditions of these Terms and they must agree to be bound by these Terms, prior to their use of the Site.
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE OR YOUR USER ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE. IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.
1.1. “IPR” means any rights in or to, but not limited to, copyrights, patents, trademarks, brand names, trade names, business names, know-how or confidential information and any other rights in respect of any other industrial or intellectual property, whether registrable or not and wherever existing in the world and including without limitation all rights to apply for registrations of any of the foregoing rights;
1.2. “Site” means this site, including any and all audio and/or visual elements thereof, created or owned by Bridging Gaps Software, LLC or by Bridging Gaps Software, LLC's approved third party provider (“Third Party Provider”), or user generated content, whether or not commissioned by Bridging Gaps Software, LLC), including, without limitation, any text, graphics, images, illustrations, photographs, animations, applications, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, and other information and content made available through the Site, as well as all underlying technical elements of all of the foregoing, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions.
4.1. The Site and all IPR therein are owned by Bridging Gaps Software, LLC and/or its content providers and other licensors, and are subject to protection under the relevant intellectual property laws throughout the world. Except as expressly set forth in these Terms or as otherwise permitted in writing by Bridging Gaps Software, LLC, you agree not to: (1) capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the Site, in whole or in part, on any other website or in any medium now known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Site (each of the foregoing, “Unauthorized Conduct”).
4.2. Any Unauthorized Conduct constitutes a violation of these Terms and an infringement of the IPR of Bridging Gaps Software, LLC and/or its content providers or other licensors. Any such infringement or violation may subject you to civil and criminal liability and penalties under intellectual property laws throughout the world, including without limitation the payment of damages and attorney's fees.
6.1. Bridging Gaps Software, LLC provides all features and/or services on the Site subject to the Terms, the Guidelines set forth below or as published or modified by Bridging Gaps Software, LLC from time to time (collectively, the “Rules”). Notwithstanding anything to the contrary in these Rules, in the event that Bridging Gaps Software, LLC determines, in its sole discretion, that you have violated these Rules and/or the Privacy Policy, or that any part or portion of your Submission violates the Rules, Bridging Gaps Software, LLC will have the right to immediately remove such Submission, in whole or in part, and to temporarily suspend your user account and access to the Site, with or without notice to you, prior or otherwise. In the event of your repeated violation of the Rules, Bridging Gaps Software, LLC will have the right to immediately and permanently terminate your user account or access to the Site, with or without notice to you, prior or otherwise. In the event that Bridging Gaps Software, LLC, in its sole discretion, determines that your first violation particularly offensive, Bridging Gaps Software, LLC will have the right to immediately and permanently terminate your user account or access to the Site, with or without notice to you, prior or otherwise. Any user may report abuse of the Rules by sending an email to support.
6.2. User Registration and Acceptance of Rules . In order to access some features of the Site, you may be required to create or register for a user account. In consideration for your use of the Site, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for the Site (your “Registration Information”) in order to create your user account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at Bridging Gaps Software, LLC's sole discretion, have their user accounts suspended or terminated, and may be permanently banned from using any current or future features or services of the Site.
6.3. Account Security. You are solely responsible maintaining the confidentiality of your user name and password. We urge you not to share your login information with others, as this may lead to unauthorized access to your user account and the information therein. You agree that you will (i) immediately notify Bridging Gaps Software, LLC of any unauthorized use of your user account, and (ii) ensure that you properly log out of the Site at the completion of your use session. You are solely responsible for the activity that occurs on or through your user account. Bridging Gaps Software, LLC shall have no liability for any loss or damage arising from your use of a user account, the Site, or your failure to comply with these requirements. Bridging Gaps Software, LLC will not be liable for any losses caused by any unauthorized use of your user account, and you may be liable for the losses of Bridging Gaps Software, LLC or others due to such unauthorized use.
6.4. Usage Guidelines . The following non-inclusive list of violations may result in Bridging Gaps Software, LLC terminating or suspending your user account and/or your access to the Site and you agree not to engage in any of the following conduct anywhere on the Site:6.4.1. Submit material that is subject to the IPR intellectual property protection, including without limitation, any IPR, or material otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said material and to grant us all of the license rights granted herein;
6.4.2. Transmit any Submission that Bridging Gaps Software, LLC, in its sole discretion, advises to be false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
6.4.3. Harass, threaten, embarrass or cause distress or discomfort to another Site participant, user, or other individual or entity;
6.4.4. Distribute viruses or any other technologies that may harm the Site or the interests or property of our users and partners;
6.4.5. Harvest or otherwise collect information, including email addresses, about users or third parties whose information is made available on the Site, without their consent;
6.4.6. Use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
6.4.7. Impersonate or misrepresent your affiliation with any person, including without limitation, a Bridging Gaps Software, LLC official or representative;
6.4.8. Post or transmit any unsolicited advertising or promotional materials, or any other forms of solicitation anywhere on the Site; or
6.4.9. Intentionally or unintentionally violate any applicable local, state, national or international law, including without limitation, any regulations having the force of law while using or accessing the Site;
Bridging Gaps Software, LLC
Email:support
(a) Your name, address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed or the work that contains your identity;
(c) The precise URL or a description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the content you claim infringes your copyright interest was copied without your authorization or that of the copyright owner or his/her/its agent or proof that you are the subject identified in the content ; and
(e) A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf or you are the subject depicted in the content and that you do not wish the content to be displayed in the future on the Site. If you are authorized to act on behalf of the copyright owner, you must provide an electronic or physical signature of the copyright owner on a statement wherein he/she/it authorizes you to act on his/her/its behalf.
15.1. GOVERNING LAW. Your use of this Site constitutes your consent and submission to service of process under applicable United States law and your submission to the exclusive jurisdiction and venue of the state and federal courts located in the State of Arkansas in Cross county, for the purposes of any legal action or claim pertaining to these Terms of Use, or arising from the use of the Site, your user account and/or any Site content and you hereby waive any defenses such as lack of personal jurisdiction or forum non conveniens. These Terms of Use shall be construed and enforced in accordance with the law of the State of Arkansas, and without regard to the choice of law principles thereof.
15.2. ARBITRATION. Except for the right of either party to seek an injunction or other equitable relief in any court of competent jurisdiction to maintain the status quo or prevent irreparable harm, the parties hereto agree to enter into good faith negotiations to resolve any dispute, claim or controversy at law or equity that arises out of or is related to use of the Site, or the contents of the Terms or the Privacy Policy (each, a “Claim”), for a period of thirty (30) days from the date the Claim arose. If such negotiation is unsuccessful, any Claim under this Agreement shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Such arbitration shall take place in Wynne, AR. Judgment upon an arbitration award may be entered in any court of competent jurisdiction.
All Claims you bring against Bridging Gaps Software, LLC must be resolved in accordance with this section. All Claims filed or brought contrary to this section shall be considered improperly filed. Should you file a Claim contrary to this section, Bridging Gaps Software, LLC may recover reasonable attorney's fees and costs, provided that Bridging Gaps Software, LLC has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim within thirty (30) days of such notice.
Any Claim must be filed within one (1) year after such Claim arose regardless of any status or law to the contrary. In the event any such Claim is not filed within such one (1) year period, such Claim shall be barred.
Any failure to act by Bridging Gaps Software, LLC with respect to a breach by you or others does not waive Bridging Gaps Software, LLC's right to act with respect to subsequent or similar breaches.
Notwithstanding anything to the contrary, Bridging Gaps Software, LLC reserves the right to seek the remedy of specific performance of any term of these Terms, or a preliminary or permanent injunction against the violation of these Terms or in aid of the exercise of any power granted in these Terms, or any combination thereof.
15.3. Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
15.4. Relationship. The relationship between the Parties is as set out in these Terms and no employment, joint venture, partnership or agency relationship shall be deemed to subsist between the Parties and neither shall have the power to bind the other, except as otherwise set forth herein.
15.5. SEVERABILITY . If any of the provisions of the Terms are held illegal, inapplicable or non-executable by a court of competent jurisdiction, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable and said ruling will not affect any other provision set forth in this the Terms and will not render such other provisions invalid, inapplicable or non-executable.
15.6. COMPLIANCE WITH LAWS. You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Rules.
15.7. MISCELLANEOUS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bridging Gaps Software, LLC as a result of these Terms or your use of the Site. These Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of any obligation on our part to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
15.8. ENTIRE AGREEMENT. These Terms set forth the entire understanding and agreement between you and Bridging Gaps Software, LLC with respect to the subject matter of these Terms.
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