If you do not wish to be bound by this Agreement after you have read it, please leave the site. By accessing and viewing the Site, you agree to be bound by this Agreement.
Nothing herein is intended to amend any other written agreement, if any, that may be in effect between you and GCDFI with regard to matters other than your use of the Site.
Our Site provides our customers (“customers” or “users” or “you” or “your“) information about our products, services, content and various other functionality. The term “Site” refers only to the home page and all associated GCDFI pages accessible through the home page directly or through additional links but does not include third-party web sites, even if those third-party web sites can be accessed through links found on our Site.
This website is intended for users in the United States only. This Site shall not be considered a solicitation for or offering of any service or product to any person outside of the United States or any person in any jurisdiction where such solicitation or offering would be illegal.
We may revise these Terms at any time by posting new Terms to this Site. The revised Terms are effective immediately upon posting. By continuing to use this Site, you agree to be bound by any such revisions, and you acknowledge and agree that such revisions may be retroactive. You should therefore periodically visit this page and check the “Last Updated” date at the top to determine the current Terms to which you are bound. GCDFI reserves the right at any time in our sole discretion to modify or discontinue the Site or modify or discontinue any information or other content contained on the Site, for any reason or no reason. Your use of this Site may be monitored by and used for GCDFI’s internal business purposes, without liability.
Compliance with Local Law
GCDFI operates from its offices in St. Louis, Missouri, USA and Kansas City, Missouri, USA. However, the Site content may be stored on servers in any country of the world. This Site is intended for users in the United States only. Access to this Site from countries where its contents are illegal is prohibited. Those who choose to access this Site do so on their own initiative and are responsible for compliance with applicable local laws.
Limited License/ Copyright and Intellectual Property Law Restrictions
Restrictions on Use
Except as otherwise stated herein or expressly authorized by GCDFI in writing, you may not:
- Engage in any conduct that may overburden, damage, disable (1) the Site; (2) the Content or services provided through this Site; or (iii) any systems, servers, or networks associated with this Site;
- Modify, copy, obscure, remove, or display GCDFI’s name, logo, other trademarks, text notices, or images without GCDFI’s express written permission to do so;
- Replicate content on this Site; or
- Create a browser or border environment around content on this Site.
Confidential or Proprietary Information of GCDFI
GCDFI strives to provide the public broad access to information about its products and services. In doing so, it is not our intention to waive any intellectual property rights we may have in information on this Site under applicable laws. GCDFI has policies and procedures in place that are designed to prevent the disclosure on this Site of information that we consider to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may be disclosed inadvertently by GCDFI, you agree to act in good faith to recognize and respect the confidentiality of the information and you agree not to make use of or disclose any confidential or trade secret information you may obtain from this Site to anyone else and to destroy any copies of the information, in any form, in your possession.
If our Site permits you to place orders or otherwise effect transactions with GCDFI, additional terms and conditions may be applicable to those transactions and, if so, those additional terms and conditions will be displayed on the Site pages which enable you to conduct such business.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of GCDFI and others and are protected by United States and international copyright, trademark and other intellectual property laws. Unless otherwise stated
on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Unless expressly permitted on the Site, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way Trademarks from this Site, including code and software underlying this Site. The names Gateway Community Development Fund Inc., GCDFI, and the GCDFI logo may not be used in any manner, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from GCDFI.
Linking To and From This Site
GCDFI may provide as a convenience to you, links to web sites operated by other entities and persons, but makes no representations whatsoever about any other web site which you may access through this Site. A link to a third party web site from this Site does not mean that GCDFI endorses or accepts any responsibility for the content or the use of such third party web site. If you use a third party web site, you do so at your own risk. GCDFI makes no warranty or representation regarding, and does not sponsor or endorse, any linked web sites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that GCDFI is affiliated or associated with, or that any linked site is authorized to use any Trademark of GCDFI.
GCDFI hereby grants you a limited, revocable, non-exclusive, non-transferrable license to create a hyperlink to this Site (“Link“) subject to the following conditions (the “Linking Conditions“). You may not Link to this Site unless you comply with all of these Linking Conditions:
- The Link must resolve to GCDFI’s portal page (www.gatewaycdfi.com);
- The text of the Link must read either “Gateway Community Development Fund Inc.”, “Gateway Community Development Fund”, “Gateway” or “gatewaycdfi”;
- You may not use any GCDFI logo or graphic or any other GCDFI trademark, as part of the Link without GCDFI’s express written permission; and
- The linking site may not:
- misrepresent the relationship of the linking site with GCDFI;
- present false information about GCDFI’s products or services;
- imply that GCDFI is endorsing it or its products or services; or
- contain content that could be construed as distasteful, offensive or controversial, and must contain only content that is appropriate for all age groups.
If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as “deep links”). However, all such deep links must be close in physical proximity to the Link that conforms with the Linking Conditions.
GCDFI does not control and is not responsible for the content of any third-party sites linked to this Site and is not responsible for any changes or updates to such third-party sites.
User Content and License for Use of Same
It has been and remains GCDFI’s policy not to accept or consider ideas, suggestions or materials other than those that GCDFI has specifically requested from you. Accordingly, GCDFI does not want you to, and you should not send, any confidential or proprietary information to GCDFI through the Site unless specifically requested in writing by GCDFI. Please note that any unsolicited information or material sent to GCDFI will be deemed not to be confidential or proprietary.
You are solely responsible for all information, data, content, text, photographs, graphics, images, messages, comments, documents, files, and other materials that you submit, upload, email, transmit or otherwise make available via the Site (“User Content“). By submitting User Content to the Site, you represent and warrant that you own all right, title, and interest in and to the User Content or have the express permission of the owner to copy, use, and license such User Content for all purposes related to the Site. GCDFI does not control and is not responsible for the User Content uploaded via the Site.
By submitting User Content, you automatically grant (or warrant that the owner of such User Content has expressly granted) to GCDFI and its directors, officers, employees, agents, licensors, vendors, and all other affiliates a fully-paid up, royalty free, non-exclusive, transferrable, worldwide, perpetual, irrevocable, and sublicensable right and license to use, store, modify, adapt, translate, publish, display, broadcast, transmit, perform, disclose, distribute, sell, reproduce, create derivate works from, and otherwise exploit such User Content, in whole or in part, in any medium or technology now known or developed in the future throughout the world. For the avoidance of doubt, this license applies to any inventions, concepts, technologies, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content and allows the use and exploitation by GCDFI for any purpose in its sole discretion, without the requirement of any permission from, notice, approval, review, or compensation and without liability to you or any third party. GCDFI shall exclusively own all right, title, and interest in and to the User Content and any derivative works or inventions created by or on behalf of GCDFI that incorporate or otherwise make use of any User Content, without any permission from, notice or compensation to, or additional documentation and without any liability to you or any third party.
Disclaimer and Limitation of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THE SITE. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SITE IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACTY, OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGE, INJURY, LOSS, OR EXPENSE, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES, ARISING IN CONNECTION WITH THIS SITE AND YOUR USE HEREOF WHETHER CAUSED BY (1) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OR USE OF RECORDS, OR (2) ERRORS, INACCURACIES, OMISSIONS, OTHER DEFECTS IN, UNTIMELINESS, OR UNAUTHENTICITY OF INFORMATION OR CONTENT PROVIDED BY, CONTAINED WITHIN, OR OBTAINED THROUGH THE SITE, OR (3) ANY OTHER FAILURE, ACTION, OR OMISSION, AND REGARDLESS OF WHETHER ARISING UNDER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. GCDFI DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, GCDFI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF GATEWAY COMMUNITY DEVELOPMENT FUND, INC.
The foregoing disclaimer of warranties and limitation of remedies does not apply to any product warranties, warranty exclusions, statements of remedy or limitation of remedy set forth on product labels for products which may be displayed on this Site.
Limitation Of GCDFI’s Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GCDFI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE SITE OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF GCDFI OR A GCDFI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your Indemnification Obligation
You agree to defend, indemnify and hold harmless GCDFI, its directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys’ fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or content on the Site. You agree to such indemnification and hold harmless even if such damages, claims and expenses arise, in whole or in part, from the negligence or alleged negligence of GCDFI.
Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than GCDFI appears on this Site, GCDFI does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Governing Law, Jurisdiction and Venue
These Terms shall be governed by the laws of the State of Missouri, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between GCDFI and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
In the event of any dispute arising out of or relating to the Site, your access to the site, or your use of the site, you agree that the exclusive venue for litigating disputes shall be in the Missouri State Court for the County of St. Louis, Missouri or the Federal United States District Court, Eastern District of Missouri. You agree that personal jurisdiction over you is proper in such Courts, and waive any defense based upon lack or insufficiency of personal jurisdiction or venue.
These Terms were last revised on the date noted below and govern your access of this Site from this date forward until a later revision is posted.
Last Updated on June 6, 2013