Terms and Conditions

RAMSET AUTOMATIC GATE SYSTEMS, INC.

TERMS OF USE AGREEMENT

1. Introduction.

This Terms of Use Agreement (referred to as the “Terms”) controls Your use of Website and App (as defined below) provided by Ramset Automatic Gate Systems, Inc. (referred to as “Ramset”, “Company”, “us”, or “we”) to you Ramset’s user (“You” or “Your”). Ramset provides the www.ramsetinc.com website (referred to as the “Site”), as well as the Ramset mobile platform application (referred to as “App”). Collectively, Site and App, including the material provided on each, are referred to as “Offerings,” and each an “Offering.” Offerings are provided to You subject to Your compliance with the these Terms, the Privacy Policy (which includes our Cookies Policy), and Beta Agreement (for the App). In cases where the Beta Agreement conflicts with these Terms, the Beta Agreement controls.

As used in these Terms, references to our “Affiliates” include our owners, officers, directors, employees, agents, licensees, assigns, subsidiaries, affiliated companies, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Offerings.

2. Acceptance of Terms.

We reserve the right to change these Terms from time to time with or without notice to You. You acknowledge and agree that it is Your responsibility to periodically review these Terms. Your continued use of the Offering, or each of them, after modification of these Terms will constitute acceptance of the modified Terms.

BY USING THE OFFERING(S), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE/APP, AND/OR DELETE THE APP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE OFFERINGS OR THESE TERMS IS TO CEASE USING THE OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.

3. Financial Responsibility for Access Equipment and Services.

You are solely responsible for providing, at Your sole expense, all equipment and other services necessary to use the Offerings, a computer, modem, cellphone or other portable device; and Your own Internet access (including payment of service fees associated with such access).

4. No Guarantee for Performance of Website and App.

Although Ramset works hard to provide quality digital Offerings, You understand that Ramset cannot promise or guarantee specific results from using the Offerings.

However, the products we sell through our distributors ARE subject to their standard limited manufacturer’s warranty. The full text of Ramset's limited warranty is available from Ramset's authorized dealers and distributors, or directly from Ramset Automatic Gate Systems Inc. at 9116 DeGarmo Avenue, Sun Valley, CA 91352 or at www.ramsetinc.com. Please see the specific warranty related to Your device for the full terms.

You understand and agree that temporary interruptions of the Offerings may occur as normal events that are out of our control or due to technical or other difficulties. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide You with Offerings, or the third-party networks or services You use to access the Offerings. You agree that all material provided on the Offerings, and each of them, is provided “AS IS,” and that we assume no responsibility for the timeliness, functionality, performance, ease of use, deletion, malfunction, mis-delivery, typographical errors, or failure to store any user data, communications or personalization settings.

5. Third-Party Sites, Information and Advertisements.

5.1. Links to Third-Party Sites. Our Offerings may redirect or link to other websites, platforms or applications on the Internet, or may otherwise include references to information, commentary, products or services made available by unaffiliated third parties. While we always try to work with trusted, reputable providers, from time to time such third-party sites or links may contain information, material or policies that some may find incorrect, inappropriate or personally objectionable. By agreeing to these Terms, You understand and agree that we are not responsible for the accuracy, completeness, safety, decency or legality of content hosted by third party websites and/or other linked material, nor are we responsible for errors or omissions in any references made or information posted on those websites/links. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the third party or third-party website by us, or any warranty of any kind, either express or implied.

5.2. Advertisements. From time to time, Offerings may include advertisements offered by third parties. You may correspond with or participate in promotions of the advertisers showing their products on the Offerings. Any such correspondence or promotions are solely between You and the advertiser, including delivery of and payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated therewith. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

6. Content.

6.1. Definition of Content. For purposes of these Terms, “Content” is defined as any information, communication, software, published work, photo, video, graphic, music, sound, or other material that can be viewed by You on our Offering(s). “Company Content” refers specifically to Content created, published, or owned by Ramset or its Affiliates. Subject to our Privacy Policy, any communication or material that You transmit on or through an Offering, or to us via any means, will be treated as non-confidential and non-proprietary user Content (“User Content”). “User Info” is information collected by Ramset in registering or processing account(s) for You, registering Your automatic gate device(s), providing services for You, metadata and personal information collected during Your use of the Offerings, location information, and product use information.

6.2. Company Content and Our Intellectual Property. You agree that all Company Content presented on the Offerings is protected by any and all intellectual property and other proprietary rights available within the United States and internationally and is the sole property of Ramset and/or its Affiliates.

The following list, which is not intended to be exhaustive, are trademarks (registered or not) or service marks of Ramset or its Affiliates:

Ramset

Ramset Automatic Gate Systems

Ramset Automatic Gate Openers

Ramset Automatic Gate Operators

GateConnect

All custom graphics, icons, logos, and service names within the Offerings and our goods, are trademarks (registered or unregistered) and/or service marks of Ramset and/or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants You any right or license to use any trademark, service mark, name or logo of us or our Affiliates. Neither we nor our Affiliates warrant or represent that Your use of materials displayed on, or obtained through, the Offering(s) will not infringe the rights of third parties.

6.3. Limitations on Use of Content. Except for a single copy for personal use, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Company Content, or portion thereof, from any Offering in any form or by any means whatsoever without prior written permission from Ramset. Any unauthorized use or distribution of Company Content violates Ramset’s intellectual property rights and interests and could result in criminal and/or civil penalties.

6.4. User Content Rights. While You retain all rights to Your User Content, You grant us (including our Affiliates), a non-exclusive, fully paid, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, or otherwise use User Content for any purpose whatsoever regardless of the form or medium in which it is used. This is except for User Info, which shall be treated in accordance with statute and as specified in our Privacy Policy, with the acknowledgement that sharing User Info with us or our Affiliates disables certain data privacy protections.

6.5. Confidential Information. As stated above, all communications sent by You to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions, or business proposals) unless we have mutually agreed in writing otherwise. Any unsolicited ideas received will be treated as property owned by the Ramset and will not be returned to You.

6.6. This Section Intentionally Left Blank

7. Privacy & Security.

7.1. Login Required. In order to use the Offering(s), or portions thereof, You may be asked to set up an account and password. Our account registration page requests certain personal information from You and/or Your automatic gate device(s) (“Registration Info”). You will have the ability to maintain and periodically update Your Registration Info as You see fit. By registering for an account and/or by registering an automatic gate device on an Offering, You agree that all Registration Info provided by You is true and accurate and that You will maintain and update this information as required in order to keep it current, accurate and complete.

7.2. Password Security. If You register for an account on the Offering(s), You agree that You are responsible for maintaining the security and confidentiality of Your password, and that You are fully responsible for all activities or charges that are incurred under Your account. Therefore, You must take reasonable steps to ensure that others do not gain access to Your password and account. Our Affiliates will never ask You for Your password.

7.3. Disclosure to Third Party Affiliates. You hereby grant us the right to disclose to third parties certain Registration Info about You. All User Info we obtain through Your use of Offering(s), including Your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms.

8. Disclaimers.

ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

Offerings may include technical or other mistakes, inaccuracies, and/or typographical errors. We may make changes to the Content and Offerings, including the prices and descriptions of any products or offerings listed therein, at any time with or without notice to You. The Content, information, products or services available on Offerings may be out of date, and we make no commitment to update such Content or products.

YOUR USE OF THE OFFERING(S) AND YOUR DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH OFFERING(S) IS DONE AT YOUR OWN VOLITION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE PLATFORM, AND ANY LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through Your use of the Offerings, You may have the opportunity to engage in commercial transactions with other vendors. You acknowledge that all transactions relating to any good or service provided by any third party, including but not limited to purchase terms, payment terms, warranties, and/or guarantees relating to such transactions, are agreed to solely between the seller of such good/service and You.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS OR ACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE OFFERING(S), AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS OR ACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY PROVIDED IN CONNECTION WITH ANY OFFERING(S) OR CONTENT AVAILABLE ON OR THROUGH OFFERING(S) FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

WE RESERVE THE SOLE RIGHT TO MODIFY OR DISCONTINUE THE OFFERINGS, OR EACH OF THEM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO: CHANGES IN THE PRICING STRUCTURE, PRODUCTS AND SERVICES; THE ADDITION OF FREE OR FEE-BASED SERVICES; CHANGES TO FILE SIZES OR FILE TYPES; AND MODIFICATIONS TO THESE TERMS AND OUR OTHER POLICIES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE OFFERINGS SHALL ALSO BE SUBJECT TO THESE TERMS.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to You. Please consult the laws in Your jurisdiction. All remaining warranties and disclaimers shall apply to their maximum extent.

9. Limitation of Liability.

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and/or Your use of the Offerings, or each of them, shall be limited to the amount You paid us for the Offering(s) during the six (6) month period before the act or omission giving rise to the liability.

IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFIT, USE, OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE OFFERING(S) OR ANY WEBSITE OR APPLICATION REFERENCED TO OR LINKED FROM THE OFFERING(S).

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY ACTS OR OMISSIONS IN CONNECTION WITH CONTENT OR OFFERING(S) OR RELATING TO ANY WEBSITE OR APPLICATION REFERENCED TO OR LINKED FROM THE OFFERING(S), INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction. All remaining limitations shall apply to their maximum extent.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO WAIVE, WITH RESPECT TO ANY DISPUTE: (1) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (2) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR ENTITY.

10. Indemnification.

Your agreement to these Terms includes Your agreement that, to the maximum extent permitted by applicable law, You will personally, fully indemnify, defend, and hold harmless Ramset and our Affiliates, including our respective officers, directors, employees, independent contractors and agents (collectively, “Indemnitees”), from and against any and all actions, demands, damages, claims, losses, expenses, costs, obligations and liabilities (including without limitation legal, court, arbitration, attorney and accounting fees) suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) Your breach of these Terms, (ii) your use, or misuse, or inability to use the Offerings or Content contained therein, including any unauthorized use, misuse or access to Your account or Your App by a third party, (iii) any litigation, proceeding or claim by a third party relating in any way to Your use of the Offerings, including any misuse of Your account or App, (iv) any claim alleging that Your use or misuse of the Offerings infringes any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. We shall promptly notify you by electronic mail of any such claim or suit, and You agree to cooperate fully (at Your sole expense) in the defense of any such claim or suit. We reserve the right to participate in the defense of such claim or defense at Your expense, however, we have the right to retain our own legal counsel at our expense, but are not obligated to do so. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of these Terms by Ramset or its Affiliates. The indemnity obligations within this section shall survive the expiration or termination of these Terms for four (4) years.

11. Termination of Use.

11.1. Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend Your access to all or part of the Offering(s) with or without notice and for any reason, including, without limitation, Your breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for us barring Your access to Content or the Offering(s), and reporting You to the proper authorities, if necessary.

11.2. No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, Your right to use the Offerings, or each of them, will immediately cease. We shall not be liable to You or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1-2 and 5-13 of these Terms, as well as Your liability for any unpaid fees, shall survive any termination.

12. Using the App to Operate Ramset Automatic Gate Openers.

The App can be downloaded from several sources and is compatible with IOS and Android devices. The App’s usage is subject to our Beta Agreement in addition to these Terms and other policies/agreements we provide to You. The App features the following:

a) Your ability to create an account and associate that account with an automatic gate device;

b) Your ability to open or close an automatic gate device;

c) Your ability to keep a device open (pause the action) for longer than programed (“Hold Open” feature);

d) Your ability to track the account(s) that previously opened or closed the gate device;

e) Our ability to collect User Info, including without limitation the name, email, zip code of each user of the App.

The App’s use is subject to all limitations of liability stated in these Terms and other product-related agreements. By downloading and using the App, You assume all risks associated with its use.

You accept all risks associated with utilizing the App to operate our automatic gate device(s). You may not use the App, or an automatic gate device, unless the automatic gate device is installed by a qualified installer of Ramset. You are not to use the App or the automatic gate device if proper safety and entrapment protection devices are not installed, or not installed properly. You agree not to use the App or the automatic gate device if You have failed to have your automatic gate device inspected on an annual basis by a qualified inspector, have not had Your device serviced/repaired as necessary by a qualified repairer, or if You suspect Your device is not functioning correctly. As the App requires proper communication between Your mobile device and the automatic gate device, You assume all risks associated with Your connection. By downloading and using the App to operate an automatic gate device, You agree to always use caution when opening and closing Your gate. You must pay attention at all times to the automatic gate device, the gate, the individual(s) and/or vehicles around you, traffic, oncoming pedestrians or vehicles, the circumstances, the environmental conditions and all other relevant factors. Do not use the App if there is any chance of Your automatic gate device and/or gate causing injury or death to You or others, or causing destruction/damage to surrounding property.

Your exclusive remedy and our entire liability, if any, for any claims arising out of Your use or misuse of the App to operate an automatic gate device, shall be limited to the amount You paid us for the App during the six (6) month period prior to the use or misuse giving rise to the liability.

In addition to the provisions of Sections 8-10 of these Terms, all of which are incorporated in full herein, by downloading and/or using the App in connection with an automatic gate device, you expressly acknowledge the following limitations of liability:

IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE APP IN OPERATING AN AUTOMATIC GATE DEVICE, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM INJURY OR DEATH, DESTRUCTION OF OR DAMAGE TO PROPERTY, THEFT, LOSS OF USE, OR EMOTIONAL DISTRESS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY WHATSOEVER.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY ACTS OR OMISSIONS IN CONNECTION WITH YOUR APP AND/OR YOUR AUTOMATIC GATE DEVICE.

13. Miscellaneous Provisions.

13.1. International Use. Although our automatic gate devices and Offering(s) may be accessible worldwide, we make no representation that the Offerings are appropriate or available for use in locations outside the United States. Those who choose to access Offerings from international locations do so on their own initiative and at their own risk. If You choose to access Offering(s) from outside the United States, You are responsible for compliance with local, state and federal laws in Your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with Offering(s) is void where prohibited.

13.2. Governing Law. These Terms, and all matters arising out of or otherwise relating to these Terms and our Offerings (excluding any third-party links, websites, apps, or related offerings) shall be governed by the laws of the State of California, excluding its conflict of laws provisions. You and we hereby agree and submit to the exclusive personal jurisdiction of the state and federal courts of the State of California. The exclusive venue for any litigation or arbitration permitted under these Terms shall be the Superior Court of California, County of Los Angeles.

13.3. Notices. All notices to us shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of customer service at info@ramsetinc.com, AND to our mailing address at Ramset Automatic Gate Systems, Inc., 9116 De Garmo Avenue Sun Valley, CA 91352-2607, postage prepaid and with tracking. You agree to allow us to submit notices to You either through the User Info and/or Registration Info You provided us, or to the address we have on record in connection with Your specific gate opening device. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the latter of:

(1) on the delivery date if delivered personally to the party;

(2) two business days after deposit with a commercial overnight carrier, with written verification of receipt;

(3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or

(4) on the delivery date if transmitted by confirmed email.

13.4. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any Content or any Offering(s), or portion thereof, or use or access to Offerings, beyond the limited rights granted to You under these Terms.

13.5. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery/transmission of products and Offerings arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond our reasonable control, whether or not similar to those which are listed above.

13.6. Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect.

13.7. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

13.8. Entire Agreement. These Terms constitute the entire agreement and understanding between the parties concerning the Offerings and supersede all prior agreements and understandings of the parties with respect thereto. These Terms shall be read in conjunction with (a) the other agreements and policies provided to You on or through the Offerings, and (b) our limited manufacturer’s warranty for any automatic gate openers You use in connection with the App. To the extent that any policy or agreement associated with the Offering(s) is in conflict or inconsistent with these Terms, these Terms shall control.