Legal

Trademark

The following is a non-exhaustive list of Gatekeeper Systems’ and Carttronics’
trademarks and service marks:

• BASKETKEEPER
• BASKETKEEPER+
• CARTCONTROL
• CARTCONTROL+
• CARTKEY
• CARTMANAGER
• DOORMANAGER
• GATEKEEPER
• GATEKEEPER SYSTEMS
• GNET
• GS1
• GS2
• NANOKEY
• PURCHASEMANAGER
• PURCHEK
• SMARTKEY
• SMARTWHEEL
• SMARTWHEEL+
• THE WHEEL
• BASKETTRACK
• BT
• CAPS
• CAPS+
• CARTTRONICS
• CIMS
• INNOVATE.SAVE.PROFIT
• POPS
• STOREPORT

The absence of a trademark, service mark, or logo from this list does not constitute a waiver of Gatekeeper
Systems’ and/or Carttronics’ trademark or other intellectual property rights concerning that mark or logo.

Gatekeepersystems.com website privacy policy

Last Date of Revision: 10/17/2023

Your privacy is important to us at Gatekeeper Systems.We have created this Privacy Policy (“Policy”) to notify you of how we treat personally identifiable information and other information that we collect and store through our Gatekeeper Systems website, www.gatekeepersystems.com (“Site”). This Policy applies only to information collected by and through the Site and does not apply to any information we receive or you provide outside of the Site, or share on third party websites that may be linked to this Site. Any collection, use and sharing of information through other websites is governed by separate terms and policies.

What Information do we collect?
You are not required to provide personal information to simply visit our Site and view information on our Site.We may collect information from you when you visit our Site or provide information to us through the Contact page (including through our Sales contact form or Vendor and Service Company inquiry form), submit your resume through the Careers page or sign up to receive more information through the Learn More and MarketWatch pages.

Personal information we collect through our Site includes your:

• Full Name
• Telephone Number
• Email Address
• Company

We may also collect personal information from you in any free text you provide through the comments feature found on many of our Site’s pages.

Our Site may also collect some technical information that is not personally identifiable.Such information might include the type of web browser you use, what kind of device you are using to view our Site and the operating system of such a device. We use Google Analytics to support our Site, which involves the automatic collection of information such as the web address of our Site and your IP address. For more information about the use of Google Analytics, see Google’s privacy policy.

What do we use your information for?
Our Site collects your personal information primarily for the purposes of providing our services to you and providing information through any request you make through the Site.The most common use of such personal information is to make contact with you and provide you requested information.

Technical information about your device, browser or browsing session will only be used to assist us in personalizing your browsing experience, or improving the functionality and performance of our Site.

We may combine information we collect through the Site with information we receive through other sources, such as tradeshows, sales contacts and marketing lists, for purposes of marketing and promoting our services. This information is collected for our internal use. We do not sell or share your personal information with third parties. Should we communicate with you for any purpose, you will always be presented the option to opt-out of receiving such communications from Gatekeeper Systems.

Are other websites accessible through your website?
Yes.Our Site does have links to the websites of affiliates, including the GNET and StorePort websites. Your use of such sites is strictly governed by those respective sites’ posted terms and conditions and privacy policies.We encourage you to read such terms and policies.

How do we protect your information?
To prevent unauthorized access or use of your information, we have put in place commercially reasonable and appropriate administrative, technical and physical procedures to safeguard the information we collect through the Site.

Do we use Cookies?
Cookies are small text files placed on your computer’s hard drive through your web browser that enable us to personalize your web browsing experience.We may use cookies to compile aggregate data about site traffic and site interaction so that we can offer better Site experiences and tools in the future. Cookies do not contain personal information.The “help” portion of the toolbar on most browsers may tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Do we track information about your online activities?
Our Site does not currently respond to “Do Not Track” signals sent from your browser. However, we do not collect information about your online activities over time, across third party websites or through other online services.As mentioned above, we do use Google Analytics to support our Site, which involves the automatic collection of information such as the web address of our Site and your IP address. For more information about the use of Google Analytics, see Google’s privacy policy.

California Online Privacy Protection Act Compliance
We will not distribute your personal information to third parties for the purposes of marketing or advertising third party products to you without obtaining your consent in advance.

Children’s Online Privacy Protection Act Compliance
We do not intentionally collect information from any individual under 13 years of age. Our Site, products and services are all directed to people who are at least 18 years of age or older.

United States Use Only
Our Site is intended to service U.S. residents only and is not intended to collect, use, or share personal information for any residents of countries other than the U.S. Other websites operated by our affiliates may collect information from non-U.S. residents.Such information collection is subject to the privacy policies and laws applicable to those websites and regions.

Your Consent
By using our Site you consent to this Policy. If you do not consent to this Policy, please discontinue any use of this Site.

Changes to our Privacy Policy
If we decide to change our Policy we will post those changes on this Site. Each posted Privacy Policy will include the latest date of revision.

Contact

This Site is owned and operated by Gatekeeper Systems.If you have any questions concerning this Policy and our Site’s use of your information, please contact us at:info@gatekeepersystems.com or 888.808.9433.

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General Terms and Conditions of Supply of Gatekeeper Systems GmbH

Section 1 Scope, form

(1) These General Terms and Conditions of Supply (GTCS) apply to all business relationships between Gatekeeper Systems GmbH with its registered office in Eislingen, entered in the commercial register of Ulm District Court under HRB 534102, as the seller (“Seller”) and its clients as the buyer (“Buyer”). The GTCS shall only apply if the Buyer is an entrepreneur (Section 14 of German Civil Code [BGB]), a legal person under public law or a public fund.

(2) The GTCS shall apply in particular to contracts on the sale and/or supply of movable items (“Goods”), irrespective of whether the Seller manufactures the Goods itself or has purchased them from suppliers (Sections 433, 650 BGB). Unless otherwise agreed, the GTCS shall apply in the version applicable at the time of the placing of the order by the Buyer or in any event last communicated in text form as a master agreement also covering similar future contracts, without the need for the Seller to refer to them again in each individual case.

(3) The GTCS shall apply exclusively. Differing, conflicting or supplementary General Terms and Conditions of the Buyer shall only become part of the agreement if and to the extent that the Seller has expressly consented to them as valid. This consent requirement shall apply in every case, for example including if the Buyer refers to its GTC in connection with its order and the Seller does not expressly object to them.

(4) Individual agreements (e.g. master supply contracts, dealer contracts, quality assurance agreements) and particulars in the order confirmation shall take precedence over the GTCS. In cases of doubt, trade terms shall be interpreted in accordance with the Incoterms(r) issued by the International Chamber of Commerce (ICC) in Paris based on the version applicable at the time the contract is concluded.

(5) Legally relevant declarations and notices by the Seller in respect of the contract (e.g. setting of deadlines, notice of defects, withdrawal or reduction) shall be submitted in writing. The written form within the meaning of these GTCS shall include the written or text form (e.g. letter, email, telefax). Statutory formal requirements and further evidence in particular in cases of doubt concerning the legitimacy of the declarer remain unaffected.

(6) References to the validity of statutory provisions shall have only clarifying significance. The statutory provisions shall apply even without such clarification insofar as they are not directly amended or explicitly excluded in these GTCS.

Section 2 Conclusion of contract

(1) The offers of the Seller are subject to change and non-binding. This remains the case if the Buyer has been entrusted with catalogs, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents – including in electronic form – to which the Seller retains intellectual property rights and copyrights.

(2) The ordering of the Goods by the Buyer shall constitute a binding offer of contract. Unless otherwise indicated in the order, the Seller shall be entitled to accept this offer of contract within two (2) weeks of its receipt by the Seller.

(3) Acceptance may be declared either in writing (e.g. through confirmation of order) or by delivery of the Goods to the Buyer.

Section 3 Delivery period and late delivery

(1) The delivery period shall be agreed individually or indicated by the Seller upon acceptance of the order. In the absence of the above, the delivery period shall be six (6) weeks from conclusion of the contract.

(2) If the Seller is unable to meet binding delivery deadlines for reasons beyond its control (non-availability of performance), it shall inform the Buyer of this without delay and at the same time give notice of the prospective new delivery period. If performance remains unavailable within the new delivery period, the Seller shall be entitled to withdraw wholly or in part from the contract; the Seller shall without delay refund any consideration already paid by the Buyer. Non-availability of performance shall apply for example if the Seller is itself not supplied punctually by suppliers, the Seller has concluded a congruent covering transaction, other disruptions occur in the supply chain for example due to force majeure or the Seller is in individual cases not obliged to procure.

(3) Late delivery by the Seller shall be determined as specified in the statutory provisions. However a reminder by the Buyer shall always be required.

(4) The rights of the Buyer pursuant to Section 8 of these GTCS and the statutory rights of the Seller, in particular in the event of an exclusion of the obligation to perform (e.g. if it is impossible or unreasonable to perform and/or render subsequent performance), remain unaffected.

Section 4 Delivery, passage of risk, acceptance, default of acceptance

(1) Delivery shall be made ex store, which shall also be the place of performance for delivery and for any subsequent performance. The Goods shall be shipped to a different destination (sales shipment) at the request and expense of the Buyer. Unless otherwise agreed, the Seller shall be entitled to determine the type of shipping (in particular carrier, method of shipping, packaging) itself.

(2) The risk of accidental loss and accidental deterioration of the Goods shall pass to the Buyer upon handover at the latest. However in the case of sales shipment the risk of accidental loss and accidental deterioration of the Goods as well as the risk of delay shall already pass upon delivery of the Goods to the forwarding agent, carrier or other person or organization appointed to handle the shipment. If acceptance has been agreed, it shall be the definitive point of the passage of risk. The statutory provisions of contract law for work and labor shall otherwise apply correspondingly to an agreement on acceptance. If the Buyer defaults on acceptance, handover or acceptance shall still be deemed to have taken place.

(3) If the Buyer defaults on acceptance, fails in a duty to cooperate or delivery or installation is delayed for other reasons within the control of the Buyer, the Seller shall be entitled to demand compensation for the loss incurred as a result of the above, including additional expenditure (e.g. due to unnecessary travel, waiting times or storage costs). The Seller shall charge flat-rate compensation for this amounting to EUR 350 for the deployment of one (1) engineer, or EUR 495 for the deployment of two (2) engineers, per delivery or installation date.

Proof of higher losses and the statutory entitlements (in particular compensation for additional expenditure, appropriate remuneration, termination) remain unaffected; however the flat rate shall be included in further monetary claims. The Buyer reserves the right to demonstrate that the Seller has incurred no losses whatsoever or only substantially lower losses than the above flat rate.

Section 5 Prices and terms of payment

(1) Unless otherwise agreed in individual cases, the current prices of the Seller that apply at the time the contract is concluded shall apply, ex store, plus the statutory sales tax.

(2) In the case of sales shipment (Section 4 (1)) the Buyer shall bear the shipping costs ex store and the costs of any transport insurance requested by the Buyer. If the Seller does not bill the actual shipping costs arising in any specific instance, flat-rate shipping costs (excluding transport insurance) amounting to 12% of the net value of the Goods shall be deemed agreed. Any customs duties, fees, taxes and other public levies shall be met by the Buyer.

(3) The purchase price shall be due and payable within 14 calendar days of invoicing and delivery or acceptance of the Goods, unless otherwise agreed. However the Seller shall at any time be entitled to make delivery wholly or in part against prepayment, including within an ongoing business relationship. The Seller shall declare such a reservation upon order confirmation at the latest.

(4) The Buyer shall be in default with the expiry of the above payment period. The purchase price shall incur interest at the prevailing statutory default interest rate for the period in default. The Seller reserves the right to demand compensation for higher losses due to default. The entitlement to charge merchants commercial interest after the due date (Section 353 of German Commercial Code [HGB]) remains unaffected.

(5) The Buyer shall have a right to offset or retention only to the extent that its claim is undisputed or final and absolute. In the event of defective performance the opposing rights of the Buyer in particular pursuant to Section 7 (6) second sentence of these GTCS remain unaffected.

(6) If, after conclusion of the contract, it becomes evident (e.g. through the filing of an application to open insolvency proceedings) that the entitlement to the purchase price is under threat due to the Buyer’s lack of solvency, according to the statutory provisions the Seller shall be entitled to refuse performance and – after setting a deadline as appropriate – withdraw from the contract (Section 321 BGB). For contracts involving the manufacture of custom items (single-unit production) the Seller may declare withdrawal with immediate effect; the statutory provisions governing the dispensability of setting a deadline remain unaffected.

Section 6 Retention of title

(1) Until payment has been made in full of all current and future receivables under the purchase contract and an ongoing business relationship (secured receivables) the Seller shall retain title to the Goods sold.

(2) The Goods subject to retention of title may neither be pledged to third parties nor assigned as security until the secured receivables have been paid in full. The Buyer shall notify the Seller without delay if an application to open insolvency proceedings is filed or to the extent that third parties have access (e.g. attachment) to the Goods of the Seller.

(3) If the Buyer acts in breach of contract, in particular through non-payment of the purchase price due, in accordance with the statutory provisions the Seller shall be entitled to withdraw from the contract and/or to demand surrender of the Goods on the basis of retention of title. A demand for surrender shall not constitute a declaration of withdrawal; rather, the Seller shall be entitled merely to demand surrender of the goods while reserving the right of withdrawal. If the Buyer does not pay the purchase price due, the Seller may only exercise these rights if it has previously set the Buyer a suitable period for payment to no avail or such setting of a deadline is dispensable under the statutory provisions.

(4) Except in the event of revocation pursuant to Section 6 (4) (c), the Buyer shall be entitled to resell and/or process the Goods that are subject to retention of title within the ordinary course of business. In this case the following provisions shall additionally apply.

(a) Retention of title shall apply to the products arising through the processing, mixing or combining of the Goods at their full value, in which case the Seller shall be considered the manufacturer. If third-party rights of ownership are preserved upon the processing, mixing or combining with their goods, the Seller shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined Goods. The same shall moreover apply to the product arising as for the Goods supplied under retention of title.

(b) Pursuant to the above section, the Buyer shall immediately assign the receivables from third parties arising from the resale of the Goods or product to the Seller in entirety or in proportion to any co-ownership, by way of collateral. The Seller shall accept assignment. The obligations of the Buyer stated in (2) shall also apply with regard to the assigned receivables.

(c) The Buyer shall remain authorized to collect the receivable in addition to the Seller. The Seller undertakes not to collect the receivable provided the Buyer meets its payment obligations towards the Seller, is not suffering from a lack of solvency and the Seller does not assert retention of title by exercising a right pursuant to (3). However if that is the case, the Seller may demand that the Buyer disclose the assigned receivables and its debtors, provide all the information required for collection, hand over the relevant documents and notify the debtors (third parties) of assignment. In this case the Seller shall additionally be entitled to revoke the authorization of the Buyer to resell and process the Goods that are subject to retention of title.

(d) If the realizable value of the collateral exceeds the receivables of the Seller by more than 10%, at the request of the Buyer the Seller shall release collateral of its choice.

Section 7 Claims for defects by the Buyer

(1) The rights of the Buyer in the event of material defects and defects of title (including incorrect and short delivery as well as incorrect assembly/installation or defective instructions) shall be subject to the statutory provisions, unless specified to the contrary in the following.

(2) The basis for the Seller’s liability for defects shall above all be the agreement on characteristics and the suitability for use of the Goods (including accessories and instructions). The agreement on characteristics within this meaning shall constitute all product descriptions and manufacturer’s specifications that are the subject matter of the individual contract or were made public by the Seller (in particular in catalogs or on its website) at the time the contract was concluded. If the characteristic has not been agreed, the statutory provisions are to be applied in assessing whether or not there is a defect (Section 434 (3) BGB). Public statements by the manufacturer or on its behalf, in particular in advertising or on the label of the Goods, shall take precedence over statements by other third parties.

(3) If the Goods have digital elements or other digital content, the Seller shall only have to provide and, as necessary, update the digital content to the extent that this is expressly required according to an agreement on characteristics pursuant to (2). The Seller shall accept no liability in that respect for public statements by the manufacturer and other third parties.

(4) The Seller shall fundamentally not accept liability for defects of which the Buyer is aware at the time the contract is concluded or is unaware due to gross negligence (Section 442 BGB). Claims for defects by the Buyer shall furthermore be subject to it having met its statutory duties of inspection and disclosure (Sections 377, 381 HGB). Until the installation or other processing of certain goods, an inspection must always take place immediately before processing. If a defect comes to light upon delivery, inspection or at any later point in time, the Seller must be notified in writing without delay. Notice of obvious defects must always be given in writing within five (5) working days of delivery, and of defects that are not identifiable in the inspection within the same period from their discovery. If the Buyer fails to conduct the inspection properly and/or give notice of defects, under the statutory provisions the Seller’s liability for the defect not notified in good time or not notified in the proper manner shall be excluded. If the Goods are intended for incorporation, attachment or installation, the above shall apply even if the defect only came to light after such processing if there was dereliction of one of these duties; in this instance the Buyer shall in particular not have any entitlement to compensation for such costs (“Removal and installation costs”).

(5) If the delivered article is defective, the Seller may initially choose whether to provide subsequent performance by removal of the defect (rectification) or to supply a non-defective article (replacement delivery). If the specific form of subsequent performance chosen is unacceptable to the Buyer, it may decline it. The Seller’s right to refuse subsequent performance under the statutory provisions remains unaffected.

(6) The Seller shall be entitled to make the subsequent performance owed dependent on payment of the due purchase price by the Buyer. The Buyer shall however be entitled to retain an appropriate portion of the purchase price relative to the defect.

(7) The Buyer shall give the Seller the necessary time and opportunity for the subsequent performance owed, and in particular hand over the defective Goods for purposes of examination. In the event of replacement delivery the Buyer shall, on demand, return the defective article to the Seller, subject to the statutory provisions; however the Buyer shall have no entitlement to return it. Subsequent performance shall involve neither the dismantling, removal or uninstallation of the defective article nor the incorporation, attachment or installation of a non-defective article if the Seller did not originally have any obligation to such performance; the Buyer’s entitlements to compensation for such costs “Removal and installation”) remain unaffected.

(8) The expenditure necessitated by examination and subsequent performance, in particular shipping, delivery, labor and material costs as well as any removal and installation costs, shall be met or refunded by the Seller in accordance with the relevant statutory provisions and these GTCS if there is genuinely a defect. Otherwise the Seller may demand reimbursement for costs arisen through the unjustified request for rectification of a defect if the Buyer knew or was negligently unaware that there was genuinely no defect.

(9) In urgent cases, e.g. if there is a risk to operational safety from a fire or to avert disproportionate damage, the Buyer shall have the right to rectify the defect itself and demand compensation from the Seller for the expenditure objectively necessitated by such action. The Seller shall be notified without delay, and preferably in advance, of any such self-help. The right to self-help shall not apply if the Seller would be entitled to refuse the relevant supplementary performance under the statutory provisions.

(10) If an appropriate deadline to be set by the Buyer for subsequent performance has passed without a solution or can be dispensed with under the statutory provisions, the Buyer may under the statutory provisions withdraw from the purchase contract or reduce the purchase price. However there shall be no right of withdrawal for an insignificant defect.

(11) Even in the case of defects the Buyer’s entitlement to compensation or reimbursement of unnecessary expenditure shall be limited to the meaning of Section 8 and shall otherwise be excluded.

Section 8 Other liability

(1) Unless otherwise indicated in these GTCS including in the following provisions, the Seller shall bear liability in accordance with the statutory provisions in the case of a breach of contractual and non-contractual obligations.

(2) In the case of intent and gross negligence the Seller shall be liable for compensation – on whatever legal grounds – under liability for fault. In the case of ordinary negligence the Seller shall, subject to statutory limitations of liability (e.g. diligence in own affairs; immaterial breach of duty), bear liability only

a) for damages arising from injury to life, limb or health,

b) for damages from a breach of a material contractual obligation (obligation the fulfillment of which makes the proper execution of the contract possible in the first place and the compliance with which the contractual partner regularly relies and may rely on); however in this case liability shall be limited to compensation for the foreseeable losses that typically occur.

(3) The limitations of liability arising from subsection 2 shall also apply in respect of third parties as well as to derelictions of duty by persons (including to their benefit) for which the Seller is accountable in accordance with the statutory provisions. They shall not apply where a defect was fraudulently concealed or a guarantee for the characteristics of the Goods was assumed, and for claims of the Buyer under product liability law.

(4) In a case of dereliction of duty that does not involve a defect, the Buyer may only withdraw or terminate if the Seller is responsible for the dereliction of duty. A free right of termination of the Buyer (in particular pursuant to Sections 650, 648 BGB) is excluded. The statutory prerequisites and consequences shall otherwise apply.

Section 9 Limitation

(1) In a departure from Section 438 (1) No. 3 BGB, the general limitation period for claims for material defects and defects of title shall be one (1) year from delivery. If acceptance is agreed, limitation shall commence with acceptance. Special statutory provisions on limitation (in particular Section 438 (1) Nos. 1 and 2, (3), Sections 444, 445b BGB) remain unaffected.

(2) The aforementioned limitation periods of commercial law shall also apply to contractual and non-contractual compensation claims of the Buyer based on a defect in the Goods, unless application of the regular statutory limitation period (Sections 195, 199 BGB) would in individual cases lead to a longer limitation period. Compensation claims of the Buyer pursuant to Section 8 (2) first sentence and second sentence (a) as well as under product liability law shall become time-barred exclusively according to the statutory limitation periods.

Section 10 Choice of law and place of jurisdiction

(1) The law of the Federal Republic of Germany, excluding unified international law, in particular the UN Sales Convention, shall apply to these GTCS and the contractual relationship between the Seller and the Buyer.

(2) If the Buyer is a merchant within the meaning of the German Commercial Code, a legal person under public law or a public fund, the exclusive – and international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Ulm. The same shall apply if the Buyer is an entrepreneur within the meaning of Section 14 BGB. In all cases, however, the Seller shall also be entitled to bring an action at the place of fulfillment of the performance obligation pursuant to these GTCS or an overriding individual agreement, or at the general place of jurisdiction of the Buyer. Overriding statutory provisions, in particular on sole jurisdiction, remain unaffected.

GDoc End User License Agreement

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS GDOC PORTAL WEB SITE.

Terms of Service Acceptance

Welcome to the Gatekeeper Systems, Inc. (“Gatekeeper”) GDoc Portal (“GDoc Portal”) web site (the “Site”). You can visit this Site to, among other things, get information about our products and your use of our products, use our online tools and access Gatekeeper support and maintenance information.

All use of this Site is subject to the following terms and conditions (“Terms”). By using this Site, you are agreeing to be bound by these Terms. Furthermore, you represent and warrant that you are at least 18 years of age and that you possess the legal right to use this Site in accordance with these Terms. We reserve the right to change these Terms and our policies at any time in our sole discretion. Such changes shall become effective immediately upon the posting thereof. Your continued use of this Site following the posting of such changes will mean that you accept such changes and agree to be bound thereby. We encourage you to visit this page regularly to review the then-current Terms to which you will be bound. If you do not agree with these Terms, including any changes, you may not use this Site. Certain features and services made available through this Site from time to time may be governed by additional or separate terms and conditions, rules or policies.

Registration

In order to access the GDoc Portal, you must be a current Gatekeeper employee, representative, distributor, or preferred vendor, with a valid contract in force between you or your organization and Gatekeeper. In addition, to access the GDoc Portal, you must have a Non-Disclosure Agreement in force between you or your organization and Gatekeeper.

We will require you to have a unique user ID/password combination in order to use this Site. Your user ID and password are personal to you, and you may not allow any others to use your user ID or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your user ID and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for any use of this Site or any other activity or conduct in connection with this Site by any others who use your user ID or password, unless and until you notify us that your user ID or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user ID or password or any other need to deactivate your user ID or password due to security concerns.

During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to complete the registration process and to use certain features and functions of this Site. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our Privacy Policy, which describes how we collect and use your personal information.

You may deactivate your registration (if any) on this Site, at any time and for any reason, by contacting Gatekeeper customer support at 1 (888) 808-9433 or emailing: gdoc@gatekeepersystems.com. We may terminate your use of and registration on this Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

External Site Links

For your convenience, this Site may provide hyperlinks to Web sites and servers maintained by third parties. Gatekeeper does not control, evaluate, endorse or guarantee content found in such other Web sites. Gatekeeper does not assume any responsibility or liability for the actions, products, services or content of such other Web sites or the parties that operate them. You should carefully review their privacy statements and other conditions of use. Your use of such other Web sites is entirely at your own risk.

Content Copyright

Unless otherwise stated, this Site and its contents including, but not limited to, all text, images, audio, video, HTML & ASP code, buttons and other materials contained herein, and their compilation and arrangement are the property of Gatekeeper and are protected by United States and international copyright laws. All trademarks used or referred to in this Site are the property of their respective owners.

Nothing contained in this site shall be construed as conferring by implication or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Gatekeeper or any third party. Neither this Site nor any of its contents may be copied, reproduced, republished, uploaded, posted, transmitted, framed or distributed in any way, without the prior written consent of Gatekeeper, except that you may download, display, and print one copy of the materials on any single computer solely for your internal business purposes, and further provided that you do not modify the material in any way and you keep intact all copyright, trademark and other proprietary notices. You may not modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof without the prior written consent of Gatekeeper. Use of data mining, robots and similar data gathering and extraction tools is expressly prohibited. Any rights not expressly granted herein are reserved.

Trademark Notice

All trademarks displayed on this site are subject to the trademark rights of Gatekeeper Systems, Inc. (commonly referred to as Gatekeeper) or are used under agreement by Gatekeeper Systems, Inc. These trademarks include, but are not limited to, product brand names, slogans, logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

No Rendering of Advice

The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, design or other professional advice of any kind. Your use of this Site does not give rise to a customer, advisory, fiduciary or professional services relationship between you and Gatekeeper.

Accuracy of Information

While we use reasonable efforts to furnish accurate and up-to-date information, Gatekeeper does not warrant that any information contained in or made available through this Site is accurate, complete, reliable, current or error-free. Gatekeeper assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications. It is your responsibility to evaluate the accuracy, completeness, reliability, timeliness and/or usefulness of any information, opinion, advice or other content available through this Site.

As-Is Warranty Disclaimer and Limitations of Liability

THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND GATEKEEPER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR ANY SITE, MATERIALS, PRODUCT OR SERVICE ACCESSIBLE THROUGH THIS SITE. GATEKEEPER EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GATEKEEPER DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL GATEKEEPER BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE, OR ANY COPYING, DISPLAYING OR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DAMAGE TO GOODWILL, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Feedback and Other Submissions

All comments, feedback, suggestions, ideas and similar submissions furnished to Gatekeeper in connection with your use of this Site shall be deemed assigned to and shall remain the property of Gatekeeper. No such submissions shall be subject to any obligation of confidence on the part of Gatekeeper, and Gatekeeper shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure. You represent that you have the lawful right to furnish such submissions to Gatekeeper and agree that you will not submit any information unless you are legally entitled to do so.

Termination or Suspension of Access; Modifications to Site

Gatekeeper reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of these Terms or any inappropriate or unlawful behavior on your part. In addition, Gatekeeper reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. Gatekeeper shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance. In addition, if for any reason your contractual relationship with Gatekeeper is no longer in force, your registration will be deactivated.

Jurisdiction

Gatekeeper maintains this site in California, U.S.A. You agree that these Terms and any legal action or proceeding relating to this Site shall be governed by the laws of the State of California without reference to its choice of law rules. If you attempt to bring any legal proceedings against Gatekeeper you specifically acknowledge that Gatekeeper is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this Site to choose the laws of the State of California to govern any such proceedings, we will probably choose to defend any such action in California and we can make this decision entirely as it suits us, without regard to where in the world you are located or from where in the world you visited this Site.

Privacy Policy

Certain information we may collect about you is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information.

Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writin .

Miscellaneous

These Terms contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If there is a determination that any provision of these Terms is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms, and these Terms shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of Gatekeeper to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action against Gatekeeper arising out of or related to use of this Site or under these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Privacy Policy

This Privacy Policy is incorporated by reference into the Gatekeeper GDoc Portal Terms of Service, which is also referred to as the Terms. All capitalized terms not defined herein shall have the meaning ascribed to such terms in the Terms. Users of the Site may submit comments or questions about our products and services and request information or to be added to our mailing list. The types of personally identifiable information that may be collected at the Site include: name, title, organization name, address, e-mail address, telephone number, and information about your interest in and use of our products and services.

We also may collect certain non-personally identifiable information when you visit many of the Site web pages such as the type of browser you are using (e.g., Chrome, Internet Explorer), the type of operating system you are using, (e.g., Windows XP or Mac OS) and the domain name of your Internet service provider.

We use the information you provide about yourself to fulfill your requests for our products and services, and to respond to your inquiries about our products. We also use this information to communicate with you, such as to notify you about updates, support and maintenance of products and services, or to assist you with any questions you have about our products and services or your use of products or services.

From time to time, we may use the personally identifiable information that we collect to offer you other products or services that we believe may be of interest to you.

We use the non-personally identifiable information that we collect to improve the design and content of the Site. We also may use this information in the aggregate to analyze the Site usage, as well as to offer you products or services.

We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. In addition, we may transfer information about you if we are acquired by or merged with another company.

We may use “cookies” to enhance your experience with our site. Cookies are text files we place in your computer’s browser to store your preferences. We use cookies to understand the Site usage and to improve the content and offerings on the Site. We also may use cookies to offer you products, programs, or services.

If you have any questions about the privacy policy for this Site, you may contact us at: GDoc@gatekeepersystems.com.

Terms and Conditions

GATEKEEPER SYSTEMS, INC. (“Gatekeeper”) will not proceed with any activity beyond the scope of the purchase
order without the amendments being approved by the corporate office.

1. LOADING & UNLOADING CARTS:
Gatekeeper not responsible for the unloading of carts. Carts that
are delivered to the store are to be unloaded by the store personnel. If carts are not staged for
installation upon arrival, installation will be rescheduled. Gatekeeper is not responsible for the removal
of store merchandise from carts. Any carts to be equipped with the Wheel should be emptied and made
available to the installation crew by store personnel.
2. PERIMETER CLEARING:
Gatekeeper is not
responsible for the removal of objects from the designated perimeter agreed upon by the Store and
Gatekeeper. Any vehicles or objects in the way of the saw cutter shall be removed before work is to start,
by store personnel.
3. ELECTRICAL:
Under normal circumstances, the agreed upon location of the
transmitter will be in reach of an electrical outlet. However, if there is no outlet available, the store
will be required to provide an outlet. This is to be coordinated with the installation crew at the store’s
expense. If it is necessary for Gatekeeper to arrange installation of the electrical outlet the cost will be
charged to the customer.
4. ENVIRONMENTAL:
Gatekeeper is not responsible for any local environmental
ordinances. Gatekeeper’ installation crew will act professional in the cleanup of the installation area.
However, if local ordinances require the transport and disposal of the saw residue, this will be done at the
expense of the store.
5. DELAYS:
Any unforeseen delays, including delays caused by weather conditions,
in the installation of the system may result in the Canceling or rescheduling of installation at Gatekeeper’
discretion. Delayed or rescheduled installations ay result in additional charges to the customer.
6.
PERMITS AND FEES:
Permits and fees are the responsibility of the customer. If installation is on property
other than that which is owned by the store, the customer must acquire an ENCROACHMENT PERMIT before any
work begins.

7. SYSTEMS COMPONENTS:

GATEKEEPER SYSTEMS, INC. components consist of:

Cart Containment System: Transmitter, Locking Wheel/Caster, Perimeter Antenna, Anti-Tilt
Bar,
CartKey/Controller, Customer Awareness Inserts, Cart Signs, Parking Lot Signs, and Perimeter
Striping.

Loss Prevention System: Transmitter, Locking Wheel/Caster, Strobes, CartKey/Controller, and Antenna.

GATEKEEPER SYSTEMS, INC. assumes no responsibility or liability of any kind whatsoever for any personal
injury, property damage, claims, or any other assumption of risk for alterations, removal, changes made by
or requested by the customer which deviate from Gatekeeper’ recommended placement, installment and standards
for its complete systems consisting of all components as listed above.

Sales Terms & Conditions

Purchase Order Terms & Conditions

California Transparency in Supply Chains Act of 2010

This describes Gatekeeper Systems (the “Company”) efforts to reduce the risk for modern slavery and human trafficking in our Company’s direct supply chain for tangible goods offered for sale.

The Company is working to deploy a “Supplier Manual” in 2021 which describes the business practices and employment standards applicable to the Company’s worldwide direct suppliers. Direct suppliers will receive copies of the Supplier Manual annually will be expected to post these policies on site at their various locations.

The Company uses significant efforts to verify the absence of forced labor and child labor in its supply chain, including the following:

Direct Supply Chain Verifications

The Company evaluates actual and potential suppliers according to a risk-based strategy. New supplier screens are conducted by Company personnel.

Direct Supply Chain Audits

The Company has a multi-faceted program to audit suppliers’ compliance with its policies. Supplier compliance is monitored by supplier self-assessments, Company questionnaire requirements, Company personnel visits and third-party audits. Many suppliers are required to report their compliance (via detailed questionnaire-based reports) either annually or bi-annually, depending on their risk profile. Various types of audits are conducted, including onsite visits by Company personnel. Periodic unannounced third-party on-site audits for suppliers may be conducted on each of the categories listed in the Supplier audit.

Internal Accountability

If concerns are identified over the course of questionnaire and/or audit processes, suppliers must produce corrective action plans describing how they will resolve issues uncovered in audits. The Company will terminate a supplier relationship if serious non-compliance is discovered (such as child or forced labor).

Direct Supply Chain Certifications

The Company requires the supplier to comply with all applicable laws and regulations, including local laws regarding forced and child labor. In addition, the Company requires direct suppliers to certify that materials incorporated into the Company’s products comply with the laws of the countries where the suppliers are doing business via its questionnaires and audit/corrective action programs.

Employee and Management Training

The Company has an extensive team member compliance training program and team members who are responsible for supply chain management have been trained regarding these supply chain issues. All worldwide Company team members must comply with the Company’s Code of Business Conduct and Ethics (v2021), which addresses the principle that child, prison, or forced labor are not permitted at any Company or Company supplier operation. The Company periodically trains team members on these standards, including training for all new team members and refresher training of all Company team members and management, including those who have direct responsibility for supply chain management.

Gatekeeper Systems takes great pride in the integrity of its operations, including those in its direct supply chain. We strive to achieve best practices in everything that we do. Accordingly, we may periodically update this Disclosure to reflect current practices.

The California Safe Drinking Water & Toxic Enforcement Act of 1986 (Prop 65)

History

In 1986, California voters approved an initiative to address concerns about exposure to toxic chemicals.
That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as
Proposition 65.

Proposition 65 requires the State of California to publish a list of chemicals known to cause cancer, birth
defects, or other reproductive harm. This list, which must be updated at least once a year, has grown to
include over 900 chemicals since it was first published in 1987. Proposition 65 requires businesses to
provide Californians with a clear and reasonable warning about chemicals in the products they purchase, in
their home or workplace, or that are released into the environment. By providing this information,
Proposition 65 enables Californians to make informed decisions about protecting themselves from exposure to
these chemicals. Proposition 65 also prohibits California businesses from knowingly discharging significant
amounts of listed chemicals into sources of drinking water.

The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program. OEHHA,
which is part of the California Environmental Protection Agency (Cal/EPA), also evaluates all currently
available scientific information on substances considered for placement on the Proposition 65 list.

What This Means for You

While the proposition was created to protect drinking water sources from chemical contamination, the scope
of the law has expanded over the years. It now includes over 900 chemicals and also pertains to (but is not
limited to) exposure through touch, inhalation, ingestion, or skin contact.

The Proposition 65 warning can now be found on products that may contain a small amount of over 900
chemicals or ingredients that the OEHHA lists as a carcinogen or reproductive toxicant. This includes vinyl,
coatings, plastics, and much more.

Many of the elements listed under Proposition 65 are common everyday additives found in products like
electrical wire, cable, coated fabrics, steering wheels, shoes, gloves, tonneau covers, bed liners, oil
filter wrenches, brake pads, floor mats, etc.

Because of the vast array of products that might contain one of the chemicals or ingredients on the list, we
must include Proposition 65 warnings in our communications with you. We are required to use exact wording as
specified by the state of California. While the warning sounds alarming, the purpose is to notify you of the
potential risk so that you can make an informed buying decision.

Please follow this link to learn more about
Proposition 65.