IMPORTANT: YOUR USE OF THE Gainfront WEBSITE AND SERVICES (THE "SERVICES") IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
Definitions. As used herein, "you," and "your," means the person, and company or organization that registers on this website, and "we," "our," "us," and Gainfront, refers to Gainfront SDS Inc, and its subsidiaries and affiliates.
2. PROPERTY RIGHTS. The trademarks, trade names, logos and service marks ("Marks") displayed on the Site and the features and functionality of the Site are the property of Gainfront or its affiliates or licensors and are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you may not copy, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Marks, Services or Information in any manner (including electronic, print or other media now known or hereafter developed) without the prior written consent of Gainfront. Without limiting the foregoing, you also agree not to use the Marks, Services, or Information for any unlawful purpose, and you shall comply with any request of Gainfront or its affiliates or licensors to protect their respective rights in the Marks, Services and Information.
3. LINKS. The Site contains links to other World Wide Web sites, Internet locations and sources of information of persons, companies, organizations and other entities ("Third Party Sites") that are not under the control of Gainfront. Gainfront makes no representations whatsoever about any Third Party Site to which you may have access through this Site. When you access a Third Party Site, you do so at your own risk and Gainfront is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these Third Party Sites or for the quality of any products or services available on these Third Party Sites. Gainfront provides such links only as a convenience and the inclusion of such links does not imply that Gainfront endorses or accepts any responsibility for the content or uses of such Third Party Sites. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Site.
4. PROHIBITED COMMUNICATIONS. Gainfront may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post communications or communicate solely with each other, and (ii) the content of any such communications. Gainfront, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.
5. WARRANTIES AND LIMITATION OF LIABILITY. Except as expressly set forth in this agreement, all information and services on this site are provided "as is" without any warranty of any kind and gainfront and its related parties hereby expressly disclaim all express and implied warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and the warranty of non-infringement or title. Without limiting the foregoing, gainfront and its related parties make no warranty that (i) the information and services will meet your requirements, (ii) the services and information will be uninterrupted, timely, secure, complete or error-free, (iii) the results that may be obtained from the use of the service or information will be accurate or reliable, and (iv) the quality of any services or information purchased or obtained by you from the site will meet your expectations. The site could include technical or other mistakes, inaccuracies or typographical errors. Gainfront and its related parties may make changes to the information and services at this site, at any time and for any reason without notice. The information and services at this site may be out of date, and gainfront and its related parties make no commitment to update such information or services. Gainfront and its related parties make no representations and assume no liability regarding the quality, safety, accuracy, or suitability of any information, documents, materials, services or software which are referenced by or linked to this site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied. Gainfront and its related parties shall not be liable for any harm caused by the transmission, through the services or information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the site or any of your software, hardware, data or property. Except as otherwise provided by law, gainfront and its related parties shall have no liability for losses caused by the negligence, actions or failure to act of any third party provider, and to the extent permitted by law, neither gainfront, its related parties, nor any of gainfront providers shall be liable to you for any indirect, special, incidental or consequential damages of any kind, or any damages whatsoever (regardless of whether such damages are reasonably foreseeable), and on any theory of liability, arising out of or in connection with the use of this site or of any third party site referenced or linked to from this site. Without limiting the foregoing, gainfront and its related parties shall not have any responsibility for direct, indirect, consequential, special, or other damages you may incur for any reliance by you on the information or services or for the reliability, accuracy, completeness, sequence or timeliness thereof, or for any delays or errors in the transmission or delivery of any part of the information or services, or for any unauthorized use by you of e-mail. Any information or documents downloaded or otherwise obtained through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer of loss of data that results from the download of any such information or documents. If you are dissatisfied with this site, or any portion thereof, your exclusive remedy shall be to cease using the site.
6. YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that you are of the age of majority and that all information provided by you during the registration process is true, correct and complete.
7. CONFIDENTIALITY. You hereby acknowledge and agree that any and all User Information may be accessed through the Internet, and hereby acknowledge and agree that there can be no assurance that the User Information, or any Information provided to you through the Services, or any communication through E-mail will remain secure. In addition, Gainfront may disclose, sell, license or otherwise commercially exploit User Information to its Related Parties, as well as any governmental entity, or other third party (a) for any purpose related to the conduct of Gainfront's business or to offering, providing or maintaining the Information or Services, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or official requesting such information, or (c) for any other business purpose.
8. GOVERNING LAW AND JURISDICTION. By accessing this Site, you and Gainfront agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the State of California, without regard to conflicts of laws principles thereof. Gainfront makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.