PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document (“Terms of Use”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between Netgains and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. Netgains reserves the right, at Netgains’s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.
Use of materials limitations
All materials contained in the website are the copyrighted property of Netgains, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Netgains, or its subsidiaries or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from Netgains.
Privacy policy
Netgains respects your desire for privacy. Your information may be stored and processed in India or any other country in which Netgains or Netgains representatives and affiliates maintain facilities. This information is highly protected and is stored in a secure and controlled environment. By using this site, you consent to any such transfer of information outside of your country and you consent to the terms of our Privacy Policy.
Use of software on the website
For your convenience, Netgains may make available as part of the services or in its materials or software products, online free open source software tools and utilities for use and/or download. Netgains does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. You shall respect the intellectual property rights of others when using the tools and utilities made available on the services or in Netgains software products.
Restricted rights legend
The permission to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Netgains.
Except as expressly provided otherwise, Netgains and/or its respective suppliers make no representations about the suitability of the information contained in the documents and publications and related graphics published on the website for any purpose. Except as expressly provided otherwise, all such documents and related graphics are provided “as is” without warranty of any kind. Except as expressly provided otherwise, Netgains and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Netgains and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the website.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Netgains and/or its respective suppliers may make improvements and/or changes in the product’s and/or the program’s described herein at any time without notice.
Disclaimers and other notices on the user of the website
Except as expressly provided otherwise, all information, software, documentation, materials, services and publication are provided “as-is” without warranty of any kind and Netgains hereby disclaims all warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. In addition, except as expressly provided otherwise, Netgains disclaims any warranties of non-infringement, title, or quiet enjoyment. In no event shall Netgains and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use of this website, use or performance of software, documents, materials, publications, provision of or failure to provide services, or information available from the website.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website, materials, publications and documents. The website, materials, publications and documents may contain technical inaccuracies or typographical errors. Netgains assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in the website, materials, publications and documents and in any other reference.
Netgains may make changes to the website, information, software, website, documents, publications, prices, technical specifications, product offerings and any other information and materials on the website at any time and without notice.
The website contains links to third-party sites which are not under the control of Netgains and Netgains is not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. Netgains is not responsible for web casting or any other form of transmission received from any linked site. Netgains is providing these links to you only as a convenience, and the inclusion of any link does not imply that Netgains endorses or accepts any responsibility for the content on such third-party sites.
No unlawful or prohibited use
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Netgains server, or the network’s connected to any Netgains server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Netgains server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
Spam email and postings
You agree that Netgains would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that Netgains is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Netgains reserves the right to block, filter or delete unsolicited e-mail.
Indemnity
You agree to indemnify, defend and hold Netgains, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any submitted artwork or content, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.
Advertisements and promotions
Netgains may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by Netgains is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Netgains found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Netgains is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Netgains advertisers on the website.
General information
The Terms of Use constitute the entire agreement between you and Netgains and govern your use of the website, superseding any prior agreements between you and Netgains on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and Netgains in effect as of the date of your use of the website and specifically regarding your use of the website (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other Netgains services, third-party content or third-party software. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.
Netgains controls and operates this website from its headquarters in various locations in India and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The failure of Netgains to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
