Terms of Service

This website (the “Site”) and the tools accessible through this website (the “Services”) belong to and are maintained and operated by GAIN Power, LLC, a Massachusetts limited liability company (“GAIN Power”, “we” or “us”). By logging into this website and signing up to use the Services, you (and if you are a corporation, partnership, company, association or other entity, your members, directors officer and employees (collectively “you”), agree to be bound to by these Terms of Service with respect to the provision by GAIN Power of the Services and your use of this website. You also agree to be bound by other legal notices that may be posted on this Site from time to time; and by GAIN Power ‘s Privacy Policy below.

1. Services Provided

By signing up to use the Services, you will be provided with the opportunity to message and communicate with other individuals signed up to use the Services (“Users”) and form and participate in groups with other Users.

If you signed up to list an organization or company, and have paid the applicable fee for such a listing, individual Users will be able to identify your organization and company through search tools and to communicate their interest to you, through Services. Your organization or company will be able, for a fee, to expand your listing and optimize your placement in any search undertaken by Users using the Services.

2. Violation of Terms of Use

GAIN Power will have the right to delete your listing from the Site and prevent you from further use of the Services, without advance notice, if you violate these Terms of Use.

3. Intellectual Property Rights

You acknowledge and agree that all copyright and other rights in and to the computer programs, computer applications, web applications, database programs, web content files and all written, graphic, audio and audiovisual works constituting the Services and/or, incorporated into and/or utilized on this Site or in providing the Services, shall be and remain the sole and exclusive property of GAIN Power (the “GAIN Power Intellectual Property”). You agree not to contest GAIN Power ‘s ownership of any and all such rights.

You agree that you will not copy, modify, publish, transmit, distribute, perform, display, or sell any of the GAIN Power Intellectual Property. You agree not to remove, obscure, or alter any copyright notice or trademark notice whether of GAIN Power or third parties, appearing in or on the Site or in any results or content generated by your use of the Site or Services.

4. Rights in Data

You acknowledge and agree that all information and data appearing on or accessible through the site, or through use of the Services, and all databases maintained by GAIN Power including all database elements and fields, are the sole and exclusive property of GAIN Power. You agree that you will not, will not attempt to, and will not permit any third party to, copy, distribute sell, disclose, lend, transfer or, convey information or records obtained from any such database or relating to any User or any list of Users, in any form, written, electronic or otherwise;

5. Payment

  1. You will be responsible at the time of ordering any Services for which a fee is charged, for paying GAIN Power the amount shown for your order.
  2. You must pay by credit card at the time of ordering. GAIN Power collects credit card information from you, which information is used solely for processing your payment; is not maintained by RM; and is never disclosed to anyone, for any other purpose other than for processing your payment, under any circumstances.
  3. GAIN Power uses industry-standard security measures to protect against the loss, misuse or alteration of the information under our control. Our server is located in a locked, secure environment. All supplied credit card information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment processing provider’s database. Permission to access your information is granted only to you and the GAIN Power employees or contractors who need to know that information to provide services to you and who are required to keep the information confidential. Although we make good faith efforts to store information collected by this website in a secure operating environment, we cannot guarantee complete security.

6. Limitation of Liability

GAIN Power makes no representation or warranty, express or implied, with respect to the accuracy or quality of any information listed on the Site. You agree that GAIN Power will not be liable for any inaccuracy in any information or record listed on or obtained through the Site or through Use of the Services; or for any act or omission of any User including the content of any communication or message sent to you by or in the name of any User.

You hereby agree to release GAIN Power and its respective officers, directors, agents and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Site or the Services, or the listing of your information on the Site or for any act or omission of any User including the content of any communication or message sent to you by or in the name of any User, through the Site or using the Services, or otherwise. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

You agree to release and forever discharge GAIN Power, its members, directors, officers, employees, consultants and agents from any claim for death, injury to person, injury or damage to property or other damages, costs, losses or expenses of whatsoever nature, arising out of or based upon the posting of any information on the Site, your use of or reliance on any such information, or GAIN Power’s sponsorship of this Site or any content posted on this Website.

GAIN Power assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. GAIN Power is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users of the Website or to any other person’s computer related to or resulting from participating or downloading materials.

Except where restricted or prohibited, in no event will GAIN Power be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website even if GAIN Power has been advised of the possibility of such damages.

If you have listed your company or organization, you agree to indemnify and hold GAIN Power harmless from and against all costs, damages, penalties and fines (including reasonable attorneys fees) incurred by GAIN Power as a result of any suit, claim, investigation or proceeding based upon or arising out of the listing of your company or organization on the Site.

7. Indemnification

You agree to indemnify and hold GAIN Power harmless from and against any damages or losses incurred by reason of or resulting from any claim, action, suit, proceeding or investigation asserted or initiated by a third party, based upon or arising out of the breach by you of any warranty, representation or covenant of you set forth in these terms and conditions.

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