Terms & Conditions

GainOps  Terms of Use and Conditions

The GainOps website (“Website”) is a hosted service operated by GainOps, LLC (“GainOps”).  Any use of the Website is subject to the following Terms and Conditions of Use (“Terms and Conditions”), as well as to GainOps’s Privacy Policy, all of which are incorporated by reference into these Terms of Use. Your use of the Website will constitute your acceptance of these terms and conditions.

Responsibility of Contributors

If you comment via the article comment boxes, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other format in which GainOps stores data. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by GainOps or otherwise.

By submitting Content to GainOps for inclusion on the Website, for example posting a comment, you grant GainOps a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content.  If you request to delete Content, GainOps will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.  Without limiting any of those representations or warranties, GainOps has the right (though not the obligation) to, in GainOps’s sole discretion (i) refuse or remove any content, such as a comment, that, in GainOps’s reasonable opinion, violates any GainOps policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in GainOps’s sole discretion.

Responsibility of Website Visitors

GainOps has not reviewed, and cannot review all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, GainOps does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GainOps disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which GainOps links, and that link to GainOps. GainOps does not have any control over those non-GainOps websites and webpages, and is not responsible for their contents or their use. By linking to a non-GainOps website or webpage, GainOps does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GainOps disclaims any responsibility for any harm resulting from your use of non-GainOps websites and webpages.

Copyright Infringement and DMCA Policy

As GainOps asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GainOps violates your copyright, you are encouraged to notify GainOps in accordance with GainOps’s Digital Millennium Copyright Act (“DMCA”) Policy. GainOps will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of GainOps or others, GainOps may, in its discretion, terminate or deny access to and use of the Website.

Changes

The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of GainOps and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

Limitation of warranties of GainOps, its suppliers and its licensors

Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and GainOps, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that GainOps, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

Limitation of liability of GainOps, its suppliers and its licensors

Except as otherwise expressly stated, in no event will GainOps, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if GainOps, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against GainOps, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to GainOps during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk. General Representation and Warranty.

You represent and warrant that your use of the Website will be in accordance with the GainOps Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.

Indemnification

You agree to defend, indemnify and hold harmless GainOps, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

Miscellaneous

These Terms and Conditions constitute the entire agreement between GainOps and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GainOps, or by the posting by GainOps of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Alameda County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; GainOps may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.