Terms and Conditions
By using GAIN-Online.org, or its GAIN Wiki, you are agreeing to be bound by and follow the most recent version of these Terms and Conditions (the "Terms") including GAIN's Privacy Policy (the "Privacy Policy") which is incorporated by reference into these Terms.
In these Terms, "GAIN" refers to the owner of the domain name, Gain-Online.org (including its administrators, managers, shareholders, directors, officers, subsidiaries, employees, agents, partners, affiliates, licensees, licensors, suppliers and distributors), the Web Sites located at www.GAIN-Online.org (the "Sites"), the Public Areas (as defined below), the GAIN Wiki (as defined below), online groups at LinkedIn (or other GAIN-Online.org online activities) or any other goods or services provided by GAIN (collectively, the "GAIN Service" or "GAIN Sites" or the "Sites".).
By using the GAIN Service, you (the "User") signify that you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms, please do not view, access, contribute to, use, or download content from the GAIN Sites. Different parts of the Sites or Wiki may have different terms posted. If there is a disagreement between these Terms and the terms posted for a specific area, the terms for the specific area will have priority for your use of that area.
Information on GAIN Sites is not Legal, Financial or Management Advice
The information on GAIN Sites, whether in the GAIN Wiki or the Public Areas, including text, images, video, graphics, communications and other information (collectively, the "Content"), whether provided by GAIN or by its users (collectively the "Members") does not constitute legal, financial or management advice of any kind, and is not intended to be, and should not be, used to assess or handle a particular matter. The Content should never be used in place of the advice of an attorney or a knowledgeable professional, and your use of the GAIN Service indicates your agreement not to do so. Nothing on the Sites or included as part of any project of GAIN, should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. Always seek the advice of your legal counsel or other qualified professional with any questions you may have. Never disregard professional legal advice or delay in seeking it because of something you have read on the Sites.
GAIN is intended as an educational resource for you to learn about international technology transfer issues. There is absolutely no assurance that any statement contained or cited in the Content touching on legal or other matters is true, correct, precise, or up-to-date. Even if a statement made about a law is accurate, it may not apply to your circumstances.
GAIN does not recommend or endorse any institution, university, research center, professional, opinion or other information that may be mentioned on GAIN. By using the GAIN Service, you understand and agree that the Content is written and monitored in a collaborative effort by a large community of people that are neither employees of GAIN nor controlled by GAIN and the Content is constantly changing. GAIN does not validate or otherwise endorse the Content, nor can it guarantee the validity of the credentials of the people contributing to the Sites. The Content and the use of the Content by you DOES NOT create an attorney-client relationship or other business relationship between you and any of the Members of GAIN. Information and statements regarding innovations regulated by the Food and Drug Administration or other regulatory agency do not mean that the innovation is in any way, or would be approvable by such agency.
The Sites may contain materials that are offensive to some individuals. If you find these materials offensive, you may not want to use our Sites.
General Disclaimer
GAIN MAKES NO GUARANTEE OF VALIDITY
The "GAIN Wiki" is an online open-content collaborative encyclopedia, that is, a voluntary association of individuals and groups working to develop a common resource of human knowledge. The structure of the project allows anyone with an Internet connection to alter its content. Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.
That is not to say that you will not find valuable and accurate information on GAIN Sites, including the GAIN Wiki and the Public Areas; much of the time you will. However, GAIN cannot guarantee the validity of the information found here. The content of any given article may recently have been changed, vandalized or altered by someone whose opinion does not correspond with the state of knowledge in the relevant fields.
No Formal Peer Review
GAIN Sites are not uniformly peer reviewed. While Members may correct errors or engage in casual peer review, they have no legal duty to do so and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever. Even articles that have been vetted by informal peer review or featured by GAIN may later have been edited inappropriately.
None of the Members, sponsors, administrators, or anyone else connected with GAIN in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.
GAIN is not responsible should someone change, edit, modify or remove any information that you may post on GAIN or any of its associated projects.
Trademarks
Trademarks or similar rights that are mentioned, used or cited in the articles on GAIN Sites are the property of their respective owners. Their use here does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by the original authors of these GAIN articles. Unless otherwise stated the Sites and GAIN are neither endorsed nor affiliated with any of the holders of any such rights and as such GAIN cannot grant any rights to use any otherwise protected materials. Your use of any such property is at your own risk.
Personality Rights
GAIN Sites may contain material which may portray an identifiable person who is alive or deceased recently. The use of images of living or recently deceased individuals is, in some jurisdictions, restricted by laws pertaining to personality rights, independent from their copyright status. Before using these types of content, please ensure that you have the right to use it under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's personality rights.
Not Professional Advice
If you need specific advice (for example, legal, financial, or management) please seek a professional who is licensed or knowledgeable in that area.
To Contribute to the GAIN Wiki You Will Need to Register
In order to contribute to the GAIN Wiki, you must be a member of the GAIN group who has created a profile and been approved by GAIN to contribute to the GAIN Wiki (an "Editor"). In order to become an Editor, you must follow the registration instructions on the Sites and create a profile with a unique username and password (your "Editor Profile"), so that users will know who you are. You are fully responsible for all activities conducted using your username and password, including your interactions with other Members, whether within the GAIN Service or independently, and for any Content contributed to the Sites using your Editor Profile. Once created, you may not delete your Editor Profile. You are prohibited from disclosing your password to another person, and from using the password or username of another Member at any time. It is your sole responsibility to promptly inform GAIN of any need to deactivate a password. You grant GAIN and all other persons or entities involved in the operation of the Sites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Sites. GAIN cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using GAIN tools and services.
Public Areas of GAIN
The Sites may include public areas, such as discussion pages and communities, where you may post Content and communicate with other Members (the "Public Areas"). You are solely responsible for such communications and other Content and your use of any communications or other Content provided by other Members is at your own risk. You agree not to impersonate any other person, or to communicate with other Members in a manner which may imply that you are anyone other than yourself. GAIN has no obligation to mediate any disputes between you and any other party, including any parties you communicate with on the Sites.
Content You Contribute to Any Area of the Sites
GAIN reserves the right to terminate any accounts and to remove any of Your Content at any time, at its sole discretion, without notice and for any reason or no reason. You understand and agree that GAIN is under no obligation to display, reproduce, or distribute the Content that you post.
Submissions to GAIN
You agree that you will not upload or transmit any communications or content of any type to the Sites or to GAIN that infringe or violate any rights of any party. By submitting communications or content to the Sites or to GAIN by email or otherwise, you agree that such submission is non-confidential for all purposes.
If you make any submission to the Sites or if you submit any business information, idea, concept or invention to GAIN by email or otherwise, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-GAIN a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. GAIN may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the GAIN Sites or to GAIN by email or otherwise.
Please Respect the Copyrights of Others
You represent and warrant that: (a) you own the content posted by you on the Sites or otherwise have the right to grant the license set forth in these Terms, and (b) Your Content does not violate the privacy rights, publicity rights, Intellectual Property Rights (as defined below) or other rights of any person and (c) the Content you contribute is not used for the primary purpose of promoting your business.
Note that copyright protection covers the expression of ideas, not the ideas or information themselves. That means you are allowed to read a magazine article, encyclopedia or other work, recast the ideas in your own words, and submit it to GAIN. In those cases, however, you should still cite the original source as a reference. Note that content on GAIN must be both verifiable and previously published so source references are welcome and highly encouraged.
Your License to GAIN
While GAIN makes no claim of ownership with respect to Content you contribute to the GAIN Service ("Your Content"), by providing Your Content you grant to GAIN a worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, publicly perform and publicly display Your Content.
User Submissions - Image, Video, Audio files
You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
Uploading media, images or video of other people without their permission is strictly prohibited.
By uploading any media on the Sites, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain Content that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms or the Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or Web Sites.
By uploading any media like a photo or video, (a) you grant to GAIN a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes GAIN to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify GAIN and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
GAIN reserves the right to review all media prior to submission to the Sites and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
GAIN Content
The Content, the Sites and any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of GAIN and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content except as expressly provided herein.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Content.
GAIN's License to You
Subject to your compliance with these Terms, GAIN grants free access to the Content in the Wiki section of GAIN. The Content may be copied, modified and redistributed so long as the new version grants the same freedoms to others and acknowledges GAIN Wiki as the source of the article. A prominent direct link back to GAIN satisfies this requirement.
Some "Authorized" Content that accompanies some articles on GAIN Sites may not be editable by the broad GAIN community. Sometimes, this "Authorized" content may be reprinted on the Sites. They are there to allow for the case when organizations and Members want to contribute to the GAIN Wiki but either want to retain their copyright and/or do not want their content edited by others (other than being deleted altogether). Therefore, content on "Authorized" pages is not part of the license of GAIN and the copyright is solely held by the authors of that content, whose name appears on that page. Those pages are clearly marked at the top and bottom of the article as protected by the authors' copyright.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Links to GAIN Content
Subject to your compliance with these Terms, GAIN hereby grants you a restricted, non-exclusive, and revocable license to use hyperlinks or otherwise refer to the Content (collectively, a "Link"), provided that (a) Links may not suggest or imply in any way that GAIN promotes, sanctions or otherwise approves any Web Sites, organization, individual, product, service or information; (b) you do not misrepresent the GAIN Service or your relationship with GAIN; and (c) you may not include a Link on any Web Sites that that could be construed as, or that a reasonable person may consider obscene, offensive, or inappropriate. GAIN reserves the right to require you to remove any Link at any time in its sole discretion.
Material Breach
In consideration of being allowed to use the Sites, you agree that the following actions shall constitute a material breach of these Terms:
Using the Sites for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by GAIN in its sole discretion;
Posting advertisements or solicitations of business unless by GAIN;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
Allowing any other person or entity to use your identification for posting or viewing comments
Posting the same note more than once or "spamming"; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying any or all Public Areas, the GAIN Wiki and/or the Sites, or which, in the judgment of GAIN, exposes GAIN or any of its customers or suppliers to any liability or detriment of any type.
GAIN reserves the right (but is not obligated) to do any or all of the following:
Record the dialogue in online discussions.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas, the GAIN Wiki and/or the Sites upon any breach of these Terms, including the above restrictions.
GAIN has no liability or responsibility to users of the GAIN Service or any other person or entity for performance or nonperformance of the aforementioned activities
Geographic Disclaimer
Publication of information found in GAIN Sites may be in violation of the laws of the country or jurisdiction from where you are viewing this information. The GAIN Sites are stored on servers in the United States of America, and are maintained in reference to the protections afforded under local and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of speech or distribution. GAIN does not encourage the violation of any laws; and cannot be responsible for any violations of such laws, should you link to this domain or use, reproduce, or republish the information contained herein.
Access to the Sites and content may not be legal for some persons or in some countries outside the United States. If you access and use GAIN and the Content from outside of the United States, you do so at your own risk and are solely responsible for obeying the applicable laws and regulations in your location.
Third Party Web Sites
The Sites may contain links or other references to third party Web Sites that are not owned or controlled by GAIN. GAIN also may select certain Sites as priority responses to search terms you enter and GAIN may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. GAIN does not endorse any product, service, or treatment advertised on the Sites. GAIN does not recommend and does not endorse the content on any third-party webSites. GAIN assumes no responsibility for the content or privacy policies of any such Web Sites and does not make any representations regarding their content or accuracy. Your use of third-party webSites is at your own risk and subject to the terms and conditions of use for such Sites. By using the Sites, you expressly relieve GAIN from any and all liability arising from your use of any third-party webSites.
Prohibited Content on GAIN
Prohibited Content includes content that: (i) is offensive or promotes racism, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming," (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) infringes another person's content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from Users; (x) except as expressly in writing by GAIN, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xii) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (xiii) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Sites, or which, in the judgment of GAIN, exposes or may expose GAIN, any of its licensors, Members or suppliers, or any visitors to the Sites to any liability or detriment of any type.
Violations of these Terms
Any use of the GAIN Service in violation of these Terms may result in, among other things, termination of your rights to use the Sites and the licenses granted in these Terms. To cooperate with legitimate legal requests, subpoenas or court orders, GAIN may access and disclose any information and content GAIN considers necessary, including any and all information such as full names, e-mail addresses, content, IP address, use history, etc.
GAIN has the right (but not the obligation) to review any content and delete or change content that violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any other person, or create liability for GAIN, as determined by GAIN in its sole discretion. GAIN reserves the right (but has no obligation) to investigate and take appropriate action if you violate these Terms, including without limitation removing or modifying Content, terminating your account, reporting you to law enforcement authorities or taking legal action against you.
Copyright Violations
GAIN will respond to notices of alleged copyright infringement that comply with the requirements of the Digital Millennium Copyright Act. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated by any GAIN Content and you want GAIN to remove such Content from the Sites, you must provide GAIN with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
Information reasonably sufficient to permit GAIN to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to GAIN's designated agent at:
Global Academic Innovation Network (GAIN), Attn: Richard Litman, P.O. Box 5035, Arlington, VA 22215, rlitman@GAIN-Online.org
In an effort to protect the rights of copyright owners, GAIN maintains a policy for the termination, in appropriate circumstances, of Members of the Sites who are repeat infringers.
Risk Disclaimer
USE GAIN AT YOUR OWN RISK
PLEASE BE AWARE THAT ANY INFORMATION YOU MAY FIND IN GAIN MAY BE INACCURATE, MISLEADING, DANGEROUS OR ILLEGAL.
Some information on GAIN may create an unreasonable risk for those users who choose to apply or use the information in their own activities or to promote the information for use by third parties.
None of the authors, Editors and Members, sponsors, administrators, vandals, or anyone else connected with GAIN, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages.
Please take all steps necessary to ascertain that any information you receive from GAIN is correct and has been verified. Double-check information with independent sources.
If an article contains suggestions regarding dangerous, illegal or unethical activities, remember that anyone can post this information on GAIN. The authors may not be qualified to provide you with complete information or to inform you about adequate precautions or steps you can take to prevent damages to person, property or reputation. If you need specific advice (for example, legal, financial, management) please seek a professional licensed or knowledgeable in that area.
GAIN is not uniformly peer reviewed; while users may correct errors or remove erroneous suggestions, they have no legal duty to do so, and thus all information read here is without any implied warranty of fitness for any purpose or use whatsoever.
DO NOT RELY UPON ANY INFORMATION FOUND IN GAIN WITHOUT INDEPENDENT VERIFICATION.
Release; Indemnification; Disclaimer of Warranties; Limitation of Liabilities and Sole Remedy
Release
As a condition of access to the GAIN Service, you release GAIN (and GAIN's stockholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors) from claims, demands and damages (actual and consequential) of every kind and nature (including but not limited to those arising out of bodily injury or death), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with (i) any communication with any third party on the Sites, (ii) your use of any Content, including any incorrect, misleading or inaccurate Content, or (ii) the conduct of any Member or visitor to the Sites.
Indemnification
You agree to indemnify and hold GAIN and its parent, subsidiaries, affiliates, suppliers, partners and licensors, and their employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GAIN Service, any content you submit or otherwise make available through the GAIN Service, your use or distribution of any GAIN Content, or your violation of these Terms or of any rights of a third party.
Disclaimer of Warranties
When using the GAIN Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of GAIN and its suppliers. Accordingly, GAIN assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the GAIN Service.
USE of the GAIN Service is at your discretion and at your own risk. The GAIN Service, content, other information and software ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, and without representation or warranties of any kind, whether express, implied or statutory, INCLUDING without limitation any IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GAIN and its licensors do not warrant that the GAIN Service will meet your requirements; that the quality of any content will be acceptable; that the results from the use of the GAIN Service will be accurate or reliable; or that the Sites will be available on a regular ongoing basis. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
GAIN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, INFORMATION OR ADVICE RECEIVED THROUGH, ADVERTISED OR OFFERED BY ANY PARTY THROUGH THE GAIN SERVICE OR ANY LINKS INCLUDED IN THE GAIN SERVICE.
Without limiting the foregoing, GAIN, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the GAIN Service or GAIN.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Sites.
Limitation of Liability
IN NO EVENT SHALL GAIN, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR USE, MISUSE OR RELIANCE UPON ANY GAIN SERVICE OR DAMAGES RELATED TO OTHER SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH THE GAIN SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GAIN, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE GAIN SERVICE OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE GAIN SERVICE.
Termination
You acknowledge and agree that GAIN may, without notice and for any reason, including but not limited to any violation of these Terms, terminate your GAIN account, any related email address, and your access to the GAIN Service.
Miscellaneous Provisions
You agree that:
these Terms and the GAIN Privacy Policy will be governed by and construed in accordance with the laws of Virginia, without giving effect to its conflict of laws provisions;
all matters regarding to your access to and use of GAIN and these Terms are governed by U.S. federal law and the laws of Virginia;
you expressly agree that exclusive jurisdiction for any dispute with GAIN, or in any way relating to your use of the GAIN Service, resides in the courts located within the county of Arlington, Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts located within the county of Arlington, Virginia in connection with any such dispute including any claim involving GAIN or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
these Terms constitute the entire agreement between you and GAIN with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter;
the Sites shall be deemed a passive Web Sites that is solely based in Virginia, U.S.A. and that your use thereof does not give rise to personal jurisdiction over GAIN, either specific or general, in jurisdictions other than Virginia;
if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect; and
no waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and GAIN's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Changes to these Terms or the GAIN Service
GAIN may modify these Terms at any time and without notice, so please review them periodically so that you are aware of any such modification. Your continued use of the GAIN Service will mean you accept those changes.
GAIN reserves the right to modify or terminate the GAIN Service or any user account, or change or remove any Content at any time and for any or no reason, without notice and with no liability to you.
If you have questions regarding these Terms, please contact GAIN at admin@GAIN-Online.org.