This site located at “www.gainwelltechnologies.com” is a website (site) owned and operated by Gainwell and/or its affiliates (Gainwell or Our or We or Us) and is intended to provide information that might be of interest to users.
Your access to, and use of the Site hosted at “www.gainwelltechnologies.com” and any other websites controlled by Gainwell (together Our Sites) and all the content of them that Gainwell and its subsidiaries and affiliated companies may make available to you, as well as any services We may provide through any of Our Sites, are governed by and subject to these Gainwell Site Terms (Terms) and all applicable laws. Please read them carefully.
By accessing and browsing Our Site, you accept, without limitation or qualification, these Terms and acknowledge that Other Agreements between you and Gainwell are, subject to section 12 (Other Agreements; Access to Software and Services) of these Terms, superseded and of no force or effect.
All content of Our Sites, including but not limited to the text, graphics, logos, button icons, audio clips, video clips, data compilations, Software, and images, and their arrangement or compilation on Our Site (Content), unless otherwise noted, are the copyrighted material of Gainwell or its content providers and are protected by United States and international copyright laws. Copyright © 2020 Gainwell. All rights reserved.
“Gainwell Technologies”, “Gainwell”, and the Gainwell logo and other Gainwell graphics, logos and service names are trademarks, registered trademarks, or trade dress of Gainwell in the United States and/or other countries. Gainwell’s trademarks or trade dress many not be used in connection with any other product or service that is not Gainwell’s, or in any manner that is likely to cause confusion among existing or future customers, or in any manner which denigrates or discredits Gainwell. All other trademarks and logos or registered trademarks and logos found on Our Sites or mentioned in them belong to their respective owners. Nothing contained on Our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Our Sites without the written permission of Gainwell or such third party that owns the trademarks. Gainwell will enforce its intellectual property rights to the fullest extent permitted by law. You may not use the name, logo, proprietary Content or any trademark of Gainwell without Gainwell’s express written permission.
3. Limited License
Gainwell grants you a limited, revocable, non-exclusive license to access and make personal use of Our Sites (License), and not to download (except for page caching) or modify any portion of it without Gainwell’s express written consent. This License is for online access only and does not allow you to commercially exploit Our Sites or any of their Content. This License does not allow you to make derivatives of Our Site or use any data mining or other data extraction or gathering tools on Our Sites. Unless otherwise specified by Gainwell in a separate license or Other Agreement your right to use any Software, data, documentation or other Content that you access or download from Our Sites is subject to these Terms. You may create a hyperlink to Our Site homepage subject to strict compliance with these Terms. Any unauthorized use of Our Sites in contravention of these Terms or a breach of this License terminates the permissions granted under this License with immediate effect.
4. Access to Our Sites
When you access Our Sites, you are responsible for complying with these Terms as well as any and all use of Our Sites through any account that you may setup through or on Our Sites. Some Content will only be available to you if you have created an account.
Whenever you access Our Sites or create or maintain any account on Our Sites you agree to provide true, accurate, current, and complete information. It is your responsibility to obtain and maintain all equipment, services and Software needed for access to and use of Our Sites as well as paying any related charges. It is also your responsibility to maintain the confidentiality of your login credentials and password(s) and to restrict access to your computing device used to access your account. Should you believe your password or other security information for any of Our Sites has been breached in any way, you must immediately notify Us. Gainwell reserves the right to refuse you access to Our Sites and to terminate accounts in Our sole discretion.
5. Professional Services and Advice
In accessing any of Our Sites, no client, advisory, fiduciary or professional relationship is implicated or established and neither Gainwell nor any other person is, in connection with Our Sites, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice.
6. Liability and Warranties
OUR SITES AND ALL CONTENT IN THEM HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND OUR SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EVERYTHING ON OUR SITES (INCLUDING SOFTWARE) IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF OUR SITES IS ENTIRELY AT YOUR OWN RISK.
GAINWELL DOES NOT WARRANT THAT OUR SITES, VARIOUS SERVICES PROVIDED THROUGH OUR SITES, AND ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM OUR SITES, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GAINWELL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON OUR SITES. GAINWELL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES. GAINWELL USES ALL REASONABLE EFFORT TO ENSURE THE ACCURACY OF THE CONTENT ON OUR SITES BUT RESERVES THE RIGHT TO CHANGE IN ITS SOLE DISCRETION OUR SITES, IN ANY WAY AND/OR AT ANY TIME, WITHOUT NOTICE.
UNLESS SPECIFIED IN AN OTHER AGREEMENT BETWEEN YOU AND US, AND TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, GAINWELL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR SITES OR FROM YOUR USE OF ANY CONTENT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH OUR SITES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, OR THIRD PARTY CLAIMS, EVEN IF GAINWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANOTHER PARTY.
7. External Links
Links on Our Sites may lead to servers maintained by individuals or organizations other than Gainwell. Gainwell has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.
8. Submission of Personal Information
Images of people or places displayed on Our Sites are either the property of, or used with permission by, Gainwell. Your use of these images is strictly prohibited unless specifically permitted by these Terms, specific permission provided elsewhere on Our Sites or you write directly to and obtain permission from Gainwell. Please contact “” for permission.
10. Revisions to Content
Gainwell may at any time revise these Terms by updating this posting. You are bound by the most current Terms every time you visit Our Sites, therefore you should periodically and carefully review these Terms to which you are bound.
11. Other Agreements; Access to Software and Services
Gainwell may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via Our Sites under the terms of a separate agreement between You and Gainwell, such as a license agreement or separate terms of sale and warranty terms (each, an Other Agreement). Gainwell’s obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and these Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms and any Other Agreement, the terms of the Other Agreement will control.
For example, the use of any software that is made available to download from Our Sites (Software) is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (License Agreement). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement. If there is no License Agreement, then these Terms will govern your use of that Software.
12. Choice of Law, Jurisdiction and Severability
The contents of Our Sites are governed by the laws of the state of Virginia in the United States, and any claims rising directly or indirectly out of any materials contained on Our Sites are subject to these same laws without regard to any conflict of law principles.
Any dispute that arises out of your use of Our Sites or to services provided by Gainwell where the aggregated amount of such claim is greater than $10,000 shall be heard in a state or federal court in the state of Virginia, and you consent to the exclusive jurisdiction of such courts.
If any clause of these Terms shall be deemed to be invalid, void or unenforceable for any reason, that clause shall be deemed severable and shall not affect the enforceability of the remainder of these Terms.