GateHawk End User License Agreement

Last modified: May 9, 2022

This GateHawk End User License Agreement (“EULA”) is a binding agreement between you (“End User”, “you”, or “your”) and Level Up Holding Co., Inc. d/b/a GateHawk (“GateHawk,” “we” or “us”) This EULA governs your access and use of GateHawk® products and services, including the GateHawk® web-portal and related GateHawk® mobile App (including all related documentation, collectively, the “Portal”).

The Portal provides an electronic platform in support of a residential community entry access points and related video intercom systems, including, without limitation, tools to generate telephone and/or QR entry access codes for residential communities. The Portal is only available to End Users who obtain the right to use GateHawk products and services in connection with (i) residential construction management distributors who contract directly with GateHawk to resell GateHawk products and services; (ii) residential construction management dealers who obtain GateHawk products and services from distributors; (iii) residential communities and management companies who obtain GateHawk products and services from dealers; and (iv) residents of residential communities who obtain GateHawk products and services from residential communities and management companies.

GateHawk does not own, make available, market, provide and/or sell residential communities. GateHawk assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you or any individual takes based on the Portal or any other information available through or in connection with the Portal. YOU HEREBY ACKNOWLEDGE AND AGREE THAT GATEHAWK IS NOT ENGAGED IN AND MAKES NO REPRESENTATION AS TO THE SECURITY OF ANY RESIDENTIAL COMMUNITY CONNECTED TO THE PORTAL, AND GATEHAWK DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY ACCESS AND/OR USE OF SUCH RESIDENTIAL COMMUNITY.

GATEHAWK IS WILLING TO PROVIDE ACCESS AND USE OF THE PORTAL TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS IN THIS EULA. BY ACCESSING AND/OR USING THE PORTAL, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT MEET ANY OF THE FOREGOING REQUIREMENTS AND/OR DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PORTAL.

1. Grant. Subject to the terms of this EULA, GateHawk grants you a limited, revocable, non-exclusive, and nontransferable right to access and use the Portal strictly in accordance with the Portal’s then-current user documentation set forth at https://www.GateHawk.com/, as the same may be modified from time to time.

2. Usage Guidelines. All interactions conducted through the Portal are solely between you and the applicable residential community where access is granted. End User is and remains solely responsible and liable for securing any and all permissions, consents and/or other requirements required by any residential community. If you are using the Portal on behalf of a residential community, you represent and warrant that you own and/or control all rights necessary to the residential community where access will be provided. If you are entitled to grant rights to additional end users of the Portal, you attest that you have obtain all rights to the GateHawk products and services necessary to add such additional end users. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH RESIDENTIAL COMMUNITIES CONNECTED TO THE PORTAL. NOTWITHSTANDING ANYTHING ELSE HEREIN, GATEHAWK HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE CONDUCT OF AND YOUR INTERACTIONS WITH ANY END USERS THROUGH AND/OR IN CONNECTION WITH YOUR USE OF THE PORTAL. GATEHAWK ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER END USER SENDS OR RECEIVES THROUGH THE PORTAL, AND ANY SUCH CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

3. Fees. You may be required to pay fees to access certain features of the Portal. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Portal, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Portal to you. GateHawk’s authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Portal features. You authorize us to charge all fees as described in this EULA for Portal features you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Further, the Portal may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. If you fail to make any undisputed payment when due, without limiting GateHawk’s other rights and remedies: (i) GateHawk may charge interest on the past due amount at the rate of 1.5% per month or, if lower, the highest rate permitted under applicable law; (ii) you shall reimburse GateHawk for all reasonable costs incurred by GateHawk in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees; and (iii) if such failure continues for ten (10) days or more, GateHawk may suspend your access to any portion or all of the Site and Content until such amounts are paid in full. All fees and other amounts payable under this Agreement are exclusive of taxes and similar assessments, and you are responsible for all such taxes, other than any taxes imposed on GateHawk’s income.

4. Restrictions. End User shall not:
(a) Use the Portal in any way that fails to comply with applicable law or this EULA;
(b) Spam or solicit money or other items of value from another end user, whether as a gift, loan, or other form of compensation, or otherwise defraud any other end users;
(c) Identify and/or seek to identify any other End User;
(d) impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
(e) Copy the Portal;
(f) Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Portal;
(g) Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Portal or any part thereof;
(h) Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Portal, including any copy thereof;
(i) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Portal, or any features or functionality of the Portal, to any third party for any reason, including by making the Portal available on a network where it is capable of being accessed by more than one device at any time;
(j) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Portal; or
(k) Use the Portal in any situation where such use could lead to death or serious bodily injury of any person, or to severe physical, environmental, or financial damage (collectively, “High Risk Activities”).

5. Intellectual Property. You acknowledge and agree that the right to access and use the Portal is provided as a services offering, and not sold, to you. You do not acquire any ownership interest in the Portal under this EULA, or any other rights thereto other than to use the Portal in accordance with the rights granted, and subject to all terms, conditions, and restrictions, under this EULA. GateHawk and its licensors, vendors, and service providers reserve and retain their entire right, title, and interest in and to the Portal, including all copyrights, trademarks, and all other intellectual property rights therein or relating thereto. The Portal and its entire contents, features, and functionalities, including without limitation, all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof, are owned by GateHawk, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and/or other intellectual property or proprietary rights laws. The Portal and its content are copyrighted, and any unauthorized use of the Portal may violate copyright, trademark, and other laws, in addition to constituting a material breach of this EULA. There are several proprietary logos, service marks, trademarks, slogans, and product designations (collectively, “Marks”) found on the Portal. By making these Marks available on the Portal, GateHawk is not granting you any rights to use the Marks in any fashion. Access and use of the Portal does not confer upon you any rights under any of GateHawk’s or any third party’s intellectual property rights, including, without limitation, to the Marks. GateHawk’s trademarks may be used publicly only with prior written permission from GateHawk.

6. Collection and Use of Your Information. You understand and agree that the Portal may include advertisements, and to help make the advertisements relevant and useful to you, GateHawk may serve advertisements based on the information we collect through the Portal. You further acknowledge that when you access or use the Portal, GateHawk may use various means (including, for example, embedded analytics tools) to collect information about your use of the Portal. You also may be required to provide certain information about yourself as a condition to accessing or using the Portal or certain of its features or functionality. All information we collect through or in connection with this Portal is subject to our Privacy Policy, available at https://gatehawk.com/legal/privacy-policy.html. By using, and providing information to or through this Portal, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. Consent to Use Data. You expressly acknowledge and agree that the Portal, including, without limitation, the content and services provided in connection therewith, are provided for your use on behalf of GateHawk. You hereby agree that GateHawk may collect and use technical information gathered in connection with your use of the Portal and any support services that may be provided to you, if any, to improve GateHawk’s products, including the Portal, or to provide customized services or technologies to you. You hereby agree that all general, anonymized or otherwise aggregated information from your use of the Portal are and will remain the property of GateHawk and that GateHawk may use and make such data publicly available in the manner permitted under applicable law.

8. Requirements. The Portal is provided for access and use only by persons who are of legal age to enter into a binding EULA in their jurisdiction of residence. If you are located outside of the United States, you acknowledge that you may not be able to access all or some of the Portal’s content and services, and that access thereto may not be legal by certain persons or in certain jurisdictions. If you access the Portal from outside the United States, you are responsible for compliance with local laws.

9. Updates. GateHawk may from time to time in its sole discretion develop and provide Portal updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that GateHawk has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, or accessibility of the Portal. If you wish to use the Portal after GateHawk releases one(1) or more Updates, you agree that all Updates will be deemed part of the Portal, and your continued access and use of the Portal indicates your express consent to all terms and conditions of this EULA.

10. Third-Party Materials and Products. The Portal may display, include, or make available third-party content (including data, information, Apps, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that GateHawk is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. GateHawk does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

11. Term and Termination. The term of this EULA commences when you first access and/or use the Portal and will continue in effect until terminated by you or GateHawk as set forth in this Section 11. You may terminate this EULA by terminating all access and use of the Portal. GateHawk may terminate this EULA at any time without notice if it ceases to support the Portal, which GateHawk may do in its sole discretion. GateHawk may terminate your access and use of the Portal in its sole discretion. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA. Upon termination:

(a) All rights granted to you under this EULA will also terminate; and
(b) You must cease all use of the Portal and delete all copies of the Portal from your computer or other electronic devices.

Termination will not limit any of GateHawk’s rights or remedies at law or in equity. Sections 2, 3, 4, 5, 6, 12, 13, 14, 15, 16, 19, 20, 21, 22 and 23 shall survive after termination.

12. Disclaimer of Warranties. YOUR USE OF THE PORTAL IS ENTIRELY AT YOUR OWN RISK. THE PORTAL, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GATEHAWK, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PORTAL, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GATEHAWK PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PORTAL WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE OPERATION OF THE PORTAL WILL NOT AFFECT OR HARM YOUR MOBILE DEVICE OR OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; GATEHAWK PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE THIRD PARTIES ADVERTISING AND PARTICIPATING ON THE PORTAL HAVE COMPLIED WITH FEDERAL, STATE, OR LOCAL LAWS.

13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GATEHAWK OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “RELEASEES”) HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS EULA OR YOUR USE OF OR INABILITY TO USE THE PORTAL FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMMERCIAL DAMAGES OR LOSSES, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES; AND
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PORTAL (COLLECTIVELY, “DAMAGES”).

THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GATEHAWK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

14. Waiver and Release. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ACCESSING AND/OR USING THE PORTAL, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES PROVIDED IN CONNECTION THEREWITH, AND AGREE TO:
(a) ACCEPT AND ASSUME ANY AND ALL RISKS OF DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF GATEHAWK OR OTHERWISE; AND
(b) EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST GATEHAWK AND ALL OTHER RELEASEES ARISING OUT OF OR ATTRIBUTABLE TO THE ACCESS AND/OR USE OF THE PORTAL. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST GATEHAWK OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE GATEHAWK AND ALL OTHER RELEASEES FROM LIABLITY UNDER SUCH CLAIMS.

15. Indemnification. You agree to indemnify, defend, and hold harmless GateHawk and all other Releasees from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and expenses, arising from or relating to your use or misuse of the Portal or your breach of this EULA, including, without limitation, the content you submit or make available through this Portal and/or any products sold and/or fulfilled by GateHawk’s customers to you in accordance with your instructions.

16. Export Regulation. The Portal may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Portal to, or make the Portal accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Portal available outside the US.

17. Modifications to this EULA. GateHawk reserves the right to modify this EULA and to add new or additional terms or conditions on your use of the Portal from time to time in its sole discretion. Such modifications and additional terms and conditions will be effective immediately and incorporated into this EULA. Your continued use of the Portal will be deemed acceptance thereof.

18. Force Majeure. You acknowledge that GateHawk relies on third-party providers in the delivery of the Portal and the content and services provided in connection therewith, including, without limitation, wireless data network providers, and that Internet service is subject to transmissions limitations and dropped or interrupted transmissions. Internet may be temporarily refused, limited, interrupted, or curtailed because of government regulations or orders, atmospheric and/or topographical conditions, and Internet system modifications, repairs, and upgrades. You agree that GateHawk shall not be liable for, and to hold GateHawk harmless for any losses, damages, or interruptions sustained as a result of interruptions caused by Internet providers or any other third-party data network provider.

19. Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision(s) will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.

20. Governing Law. This EULA is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. Except as otherwise provided in Section 21, the exclusive forum for the resolution of any dispute relating to this EULA shall be in the state courts in Arizona, U.S.A., or the United States District Court for Arizona, and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to the EULA, and you agree to service of process on you by e-mail to the address you have submitted on the Portal, if any, and by any other means permitted by law.

21. Arbitration and Class Action Waiver. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GATEHAWK AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND GATEHAWK AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS EULA OR THE PORTAL SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under the EULA that a court can award under the EULA. You and GateHawk agree that any in-person arbitral hearing would occur in the United States in the same county and state or province as your billing address. GateHawk further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to the EULA, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and GateHawk are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the EULA and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND GATEHAWK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GateHawk agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
22. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE PORTAL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Remedies. Except as provided in in this EULA, the parties’ rights and remedies under this EULA are cumulative. You acknowledge that the Portal contains valuable trade secrets and proprietary information of GateHawk, that any actual or threatened breach of Sections 1 – 5 will constitute immediate, irreparable harm to GateHawk for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. In any action or other proceeding brought under this EULA, the prevailing party shall be entitled to recover from the non-prevailing party, and the non-prevailing party shall pay the prevailing party’s reasonable attorneys’ fees, costs, and expenses, in each of the foregoing cases, that are incurred in connection with such action, arbitration, or proceeding.

24. DMCA. GateHawk respects the intellectual property rights of others and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). If you believe that content hosted on the Portal infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

Level Up Holding Co Inc.
Attn: Danette Sosna, DMCA-1038502
6020 N. 55th Ave.
Glendale, AZ 85301
dsosna@levelupsystem.com

Your notice must contain the following information:

(a) Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that We can locate the material.

(b) Identify the URL or other specific location on our website that contains the material that you claim infringes your copyright described above.

(c) Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

(d) Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

(e) Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

(f) Include your name, mailing address, telephone number and email address.

25. Entire Agreement. This EULA, our Website Terms of Use located at https://GateHawk.com/legal/terms-of-use.html, and our Privacy Policy located at https://www.GateHawk.com/legal/privacy-policy.html constitute the entire agreement between you and GateHawk with respect to the Portal and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Portal.

26. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.

27. App Marketplaces. The GateHawk App shall be majority deployed via the Apple App Store and Android Marketplace. Use of the App is subject to terms and conditions imposed by the host environment, Apple Inc., and/or Google LLC, respectively. End User shall reasonably cooperate with GateHawk’s efforts to comply with such terms. This EULA conforms to Apple’s App Store Terms of Service as of the effective date. This EULA is concluded between GateHawk and End User only, and not with Apple. Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and upon the End User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End User as a third party beneficiary thereof. GateHawk, not Apple, is solely responsible for the GateHawk App and the content thereof, and GateHawk shall be responsible for addressing any claims of the End User or any third party relating to the GateHawk App or End User’s possession and/or use of the GateHawk App, including, but not limited to: (i) product liability claims; (ii) any claim that the GateHawk App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the GateHawk App or End User’s access and/or use of the GateHawk App infringes that third party’s intellectual property rights, GateHawk, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. End User represents and warrants that: (a) it is 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 “terrorist supporting” country; and (b) it is not listed on any U.S. Government list of prohibited or restricted parties. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the GateHawk App. In the event of any failure of the GateHawk App to conform to any Applicable warranty, End User may notify Apple, and Apple will refund the purchase price for the GateHawk App to End User; and, to the maximum extent permitted by Applicable law, Apple will have no other warranty obligation whatsoever with respect to the GateHawk App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GateHawk’s sole responsibility.

28. Contact. If you have any questions regarding this EULA or the Portal, please contact: info@GateHawk.com.