Website Terms of Use

Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and Owner Gateways, LLC, a Florida Limited Liability Company (“Company,” “We,” or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern Your access to and use of OWNERGATEWAYS.COM, including any content, functionality, know-how and use of information disclosed on through or in connection with OWNERGATEWAYS.COM (the “Website”). You and Company may from time to time be collectively referred to herein as the “Parties”.

Please read the Terms of Use carefully before You access or use the Website.

In consideration of and as a condition of the Company sharing the Confidential Information with You in addition to other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows: By clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use, incorporated herein by reference.

The Parties understand and agree that by You using and accessing the Website, the Company is providing You with access, or limited access, to the Website and all of the information contained therein, for the purpose of continuing discussions regarding the potential for a future business arrangement between the Parties to include royalties paid by you to the Company (the “Purpose”).

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, You represent and warrant that You are of legal age to form a biding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website.

The Parties understand and agree that if You do not want to agree to these Terms of Use or the Privacy Policy, You will not and shall not access the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in

Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this Terms of Use page from time to time/frequently/each time You access this Website so You are aware of any changes, as they are binding on You.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website.

If You choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must NOT disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree NOT to provide any other person with access to this Website or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.

Confidentiality and Nondisclosure

In connection with Your use of the Website, the Company may disclose to You, or You may otherwise receive access to, Confidential Information (as defined below). You shall use the Confidential Information solely for the Purpose and You shall not disclose or permit access to Confidential Information to any third party without the express written consent of the Company. The Company, may, at its own discretion, grant such express written consent in furtherance of the Purpose. You shall safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree of care You use to protect Your most sensitive information and no less than a reasonable degree of care. You shall promptly notify the Company of any unauthorized use or disclosure of Confidential Information and take all reasonable steps to prevent further use or disclosure. You will be responsible for any breach of this Section caused by You or any third party to whom You disclosed the Confidential Information.

“Confidential Information” means all of the Company’s non-public, proprietary, or confidential information, including all information made available to You on the Website or in furtherance of the Purpose, in oral, visual, written, electronic, or other tangible or intangible form, whether or not marked or designated as “confidential.” Confidential Information also includes (a) the facts that the parties are in discussions regarding the Purpose and that Confidential Information has been disclosed; and (b) any terms, conditions or arrangements discussed. Confidential Information shall not include the following information:

1. Information that is generally known in the Company’s industry;
2. Information that is now or subsequently becomes generally available to the public through no wrongful act of You or Your representatives;
3. Information rightly in the possession of You prior to receiving the Confidential Information from the Company;
4. Information that is independently created by You prior to receiving the disclosed Confidential Information; or
5. Information that You rightfully obtain from a third party who has the right to transfer or disclose it.

   If You or any of Your representatives are required by law to disclose any Confidential Information, You shall, before such disclosure, notify the Company of such requirements so that the Company may seek a protective order or other remedy, and You shall reasonably assist the Company therewith. If You remain legally compelled to make such disclosure, You shall: (a) only disclose that portion of the Confidential Information that, in the written opinion of Your legal counsel, You are required to disclose; and (b) use reasonable efforts to ensure that such Confidential Information is afforded confidential treatment.

   On the expiration of this Agreement or otherwise at the Company’s request, You shall, at the Company’s option, either return to the Company or destroy all Confidential Information in Your possession.

   The Company has no obligation under this Agreement to (a) disclose any Confidential Information or (b) negotiate for, enter into, or otherwise pursue the Purpose. The Company provides all Confidential Information without any representation or warranty, express or implied, as to the accuracy or completeness thereof, and the Company will have no liability to You or any other person relating to Your use of any of the Confidential Information or any errors therein or omissions therefrom.

   The Company retains its entire right, title, and interest in and to all Confidential Information, and no disclosure of Confidential Information hereunder will be construed as a license, assignment, or other transfer of any such right, title, and interest to You or any other person.

   The rights and obligations of the parties under this Agreement expire 2 years after the Effective Date provided that with respect to Confidential Information that is a trade secret under the laws of any jurisdiction, such rights and obligations will survive such expiration until, if ever, such Confidential Information loses its trade secret protection other than due to an act or omission of You or Your representatives.

   You acknowledge and agree that any breach of the Confidentiality and Nondisclosure section of this Agreement will cause injury to the Company for which money damages would be an inadequate remedy and that, in addition to remedies at law, the Company is entitled to equitable relief as a remedy for any such breach.

   Agreement Not to Compete

   Other than with the express written consent of the Company, which consent may not be unreasonably withheld, You shall not, for two (2) years following the date the Parties entered into this Agreement, be directly or indirectly involved with conducting business which is in direct competition with the Company, or its business partners that conduct business in the residential construction market, such as the construction of residential vehicle entryways, including but not limited to residential garage spaces, containing any of the following aspects or any combination thereof (the “Company’s Proprietary Design Concept”):

   1. An interior design of a garage space, which utilizes a plurality of interior and exterior architectural design features of the home, including one or more exterior architectural design features with each exterior architectural design feature being formed of at least one exterior surface material, and one or more interior architectural design features with each interior architectural design feature being formed of at least one interior surface material;
   2. A skylight located in the garage that is substantially centrally positioned relative to the location of the entryway separating the garage space from the interior of the home;
   3. A section of recessed wall cabinetry located within one or more garage walls; and
   4. One or more “island” of cabinetry with countertops located within the garage space.

For the avoidance of any doubt, the Parties agree and understand that the Confidentiality and Nondisclosure provisions and Agreement Not to Compete provisions specified herein are each respectively independent of, and do not in any way limit, nor can they be construed to limit, any of the Company’s intellectual property rights that it has obtained and/or is pursuing.

Intellectual Property Rights

You agree, understand and acknowledge the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States copyright, trademark, patent, and trade secret laws.

These Terms of Use permit You to access the Website to fulfill the Purpose of this agreement only. You must not reproduce, distribute, modify, create derivative works of, display, perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
• You may store files that are automatically cached by Your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non- commercial use, provided You agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, You may take such actions as are enabled by such features.

  You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

  If You wish to make any use of material on the Website other than that set out in this section, please address Your request to: mi*****@ow***********.com.

  If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website shall be considered revoked immediately and You must, at the Company’s option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, patent and other laws.

  Patents

  You agree, understand and acknowledge that the Company’s Proprietary Design Concept and the method of creating such are patent pending before the United States Patent and Trademark Office. In the event You use any of Company’s Proprietary Design Concept for commercial gain without authorization from the Company, You will be in breach of these Terms of Use and agree that such use may constitute patent infringement.

  Trademarks

  You agree, understand and acknowledge, the Company name, the terms OWNER GATEWAY, OWNER GATEWAYS, the Company logo, as well as any and all-related names, logos, product and service names, designs, and slogans are the exclusive trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  In the event You use any of Company’s exclusive trademarks for commercial gain without authorization from the Company, You will be in breach of these Terms of Use and agree that such use may constitute trademark infringement.

  Trade Dress

  You agree, understand and acknowledge that the concepts and ideas accessible on the Website, including but not limited to, Company’s Proprietary Design Concept, constitutes the Company’s Trade Dress or Company’s bona fide intent to use the Trade Dress. You further acknowledge and agree that due to the well-known reputation of the Company, the unique and novel designs, the

  Company’s Proprietary Design Concept is recognized by industry leaders and consumers as being a distinctive source identifying trade dress of the Company.

  In the event You use the Company’s Proprietary Design Concept for commercial gain without authorization from the Company, You will be in breach of these Terms of Use and agree that such use may constitute infringement of the Company’s trade dress rights.

  Copyrights

  You agree, understand and acknowledge that the creative works displayed on the Website, including, but not limited to, Company’s graphics, illustrations, and audio-visual works are exclusively owned by the Company and are protected under US Copyright laws. As such, any unauthorized reproduction, distribution, performance, public display, or creation of a derivative work without the permission of the Company by You shall be an infringement of the Company’s copyrights and breach of these Terms of Use.

  Prohibited Uses of Website

  You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, ay harm the Company or users of the Website, or expose them to Liability.

  Additionally, You agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
  

  Reliance on Information Posted

  The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

  This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

  Changes to the Website

  We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  Information About You and Your Visits to the Website

  All information we collect on this Website is subject to our Privacy Policy. By using the Website You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

  Online Purchases and Other Terms and Conditions

  All purchases through the Website or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by You, are governed by our Terms of Sale.

  Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.

  Linking to the Website and Social Media Features

  You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

  This Website may provide certain social media features that enable You to:

• Link from Your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites.

  You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not:

• Establish a link from any website that is not owned by You.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR

COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,

INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Saint Augustine and County of St Johns, although we retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding

arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE

(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between You and Owner Gateways, LLC regarding use of the Confidential Information disclosed by Your accessing of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Owner Gateways, LLC. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: mi*****@ow***********.com