Terms & Conditions

LAST UPDATED: December 1, 2016

Welcome to the iGain Website (the “Site” and “iGain”), owned and operated by massfinity, located at 300 Trade Center, Suite 3590, Woburn, MA 01801. The Website Terms and Conditions listed herein (the “Website Terms and Conditions”) govern your access and general use of the Site. In these Website Terms and Conditions, the term “you” or “your” refers to the person accessing the Site and the entity you represent.

By accessing and using this Site and/or by agreeing to become a Publisher or Advertiser, you signify your acceptance of these Website Terms and Conditions and the Website Privacy Policy, and upon your acceptance by iGain as a Publisher or Advertiser, you also signify your acceptance of the Publishers and Advertisers Terms of Use.

By accessing this Site you acknowledge and agree that this Site, and these Website Terms and Conditions, will be construed and evaluated according to the laws of the State of Connecticut and the United States. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws. If you provide personally identifiable information (“Personal Information”) and are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States, in particular, the U.S. may not provide the same level of protections as those in your own country. By providing information to iGain, you are transferring that Personal Information to the United States, and you consent to that transfer and to the processing of the Personal Information in the United States.

Our Website Terms and Conditions may be updated or revised from time to time without notice to you. If you do not agree with any of the terms of these Website Terms and Conditions, you may not access or use the Site. By using this Site, you are agreeing to be legally bound by and to comply with each of the terms of these Website Terms and Conditions.

USE OF THE SITE

Access to, and use of the Site is subject to these Website Terms and Conditions. Any access and use of the Site in violation of these Website Terms and Conditions is strictly prohibited. Use of the Site is open to persons who are eighteen (18) years of age or older. This Site is directed not directed at persons under the age of thirteen (13). If you are not thirteen (13) years of age, you may not access or use the Site. iGain reserves the right to refuse services to anyone, at anytime, in its sole discretion.

PRIVACY

iGain’s use of Personal Information and your use of the Site are governed by our Privacy Policy which is incorporated herein and subject to these Website Terms and Conditions. For more information about our privacy practices, please review iGain’s Privacy Policy.

REGISTRATION

In order to become a Publisher or Advertiser of iGain (together, Partner), you will be required to register with the Site and to provide information in connection with the registration. As a condition of registration, if you provide any information to iGain that is untrue, inaccurate, not current, or incomplete, or if iGain has reasonable grounds to suspect such information is untrue, inaccurate, not current, or incomplete, iGain reserves the right to terminate your participation and to prevent you from any current or future access to or use of the Site.

ACCOUNT AND PASSWORDS

If you register for participation on the Site, iGain, at its sole discretion, may permit you to create a username and password to access your account (“Account”). You are solely responsible for the security of your username and password and you are solely liable and responsible for any use or unauthorized use of your Account. You may never use another account without permission. You are solely responsible for the activity that occurs on your Account, and you must keep your Account username and password secure. You must promptly notify iGain of any breach of security or unauthorized use of your Account.

FRAUD PREVENTION

iGain reserves the right at its sole discretion to request further information from you to avoid fraudulent activity and to withhold any payment for any reason. All decisions by iGain regarding fraud or suspected fraud are binding and final.

UNAUTHORIZED USE OF SITE

You are prohibited from taking any action to interfere with the Site or any other individual’s use of the Site. If you do you may not access or use the Site.

You agree not to:

  1. Use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute content available on the Site, or to manipulate the Site or iGain’s Programs or services;
  2. Send to iGain, and/or to or from the Site, any illegal, deceptive, or harmful code, including, without limitation, any virus, spyware, adware, or any other harmful code;
  3. Send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;
  4. Open, use, or maintain more than one account;
  5. Forge or mask your true identity in any email or posting;
  6. Frame a portion(s) of the Site within another website or alter the appearance of the Site;
  7. Establish links from any other website to any page of, on, or located within the Site, without the prior express written permission of iGain;
  8. Post or transmit any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or content or any material or content that could otherwise violate any law(s);
  9. Intentionally or willfully submit falsified data or commit any other fraudulent act(s) or illegal act;
  10. Reverse engineer any aspect of the Site or do or take any act that might reveal or disclose the source code, or bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by applicable laws; or
  11. Encourage and/or advise any individual, including, without limitation, any iGain employee, to commit any act(s) prohibited hereunder.

PROFILE UPDATES & CONTACT INFORMATION

You agree to promptly notify iGain of any changes in or to information contained in your Account. You may update, correct, and/or delete information contained in your profile by accessing your Account. You are solely responsible for maintaining accurate and complete contact information and promptly updating such information.

INTELLECTUAL PROPERTY RIGHTS

You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Site or iGain Programs in whole or in part, unless you have obtained the prior written consent of iGain. All pages and content within the Site and iGain Programs, including but not limited to, text, graphics, audio, video, photographs, logos or other materials are the intellectual property of iGain and/or its clients, licensors, partners, and/or representatives. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the content available on the Site, without the prior written consent of iGain.

By submitting or transmitting any information, communication, and/or material to iGain, by electronic mail or otherwise, including, without limitation, any data, questions, comments, responses, suggestions or other similar information, communication, or material, on or through the Site (“Submitted Content”), you hereby grant to iGain a sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.

SECURITY

You shall not violate or attempt to violate the security of the Site or iGain Programs. Violations of Programs, system or network security may result in civil or criminal liability. iGain reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

THIRD PARTY LINKS

From time-to-time iGain may provide you with the ability to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). iGain neither endorses the Third Party Websites nor the products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with the Third Party Websites. iGain is not responsible for the policies and/or practices of the Third Party Websites or the information collected by the Third Party Websites or any Third Parties. Please review all policies and terms and conditions applicable to the Third Party Websites.

COMMUNICATION WITH IGAIN

Any Submitted Content you submit or transmit to iGain, by electronic mail or otherwise, is and will be treated as non-confidential and nonproprietary information, unless specifically indicated as otherwise by you. You acknowledge and agree that any Submitted Content submitted or transmitted to iGain by you is submitted or transmitted on a non-confidential basis and that iGain may use such Submitted Content for any legal purpose(s).

WARRANTY DISCLAIMER

Your use of the Site is at your sole risk. All Site information, Programs, and services are provided on an “as is” and “as available” basis, without warranties of any kind, express, statutory or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. iGain does not warrant that the Site will be available or operate in an uninterrupted, error free or completely secure manner or that errors or defects will be corrected.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless iGain, its parents, affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents (“Indemnified Parties”) from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Website Terms and Conditions or use of the Site.

LIMITATION OF LIABILITY

Under no circumstances shall iGain or any of its partners, agents, affiliates, or licensors or Indemnified Parties be liable to you or any other person for any indirect, direct, incidental, special or consequential and/or punitive damages arising out of or relating to these Website Terms and Conditions, or use or attempted use of the Site. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site. You and iGain agree that any cause of action arising out of or related to the Site or any information or services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. In any event for any reason under any theory, iGain’s liability shall not exceed $1,000.

COMPLIANCE WITH APPLICABLE LAWS

You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements regarding your use of, and/or access to the Site and iGain Programs.

SEVERABILITY

If any provision of these Website Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Website Terms and Conditions. The remaining provisions of these Website Terms and Conditions shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Website Terms and Conditions.

SUSPENSION AND TERMINATION

iGain reserves the right to, without any notice and at its sole discretion, terminate these Website Terms and Conditions and your participation and use of the Site immediately if it has reason to believe that you are in breach of these Website Terms and Conditions at any time.

MISCELLANEOUS TERMS

The headings contained in these Website Terms and Conditions are for reference only and shall have no effect on the interpretation and/or application of these Website Terms and Conditions. iGain’s failure to enforce a breach by you of these Website Terms and Conditions shall not waive or release you from such breach and shall not waive, release or prevent iGain from enforcing any subsequent breach by you of these Website Terms and Conditions. These Website Terms and Conditions, any policy or policies incorporated herein by reference represent the entire understanding and Website Terms and Conditions between iGain and you with respect to the subject matter hereof.

CHANGES TO THESE WEBSITE TERMS AND CONDITIONS

iGain shall have the right at any time to (a) change these Website Terms and Conditions, and to (b) change the Site, including eliminating or discontinuing any content or feature of the Site or iGain Programs, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Website Terms and Conditions periodically to ensure familiarity with the most current version.

QUESTIONS regarding these Website Terms and Conditions should be directed to:

iGain

53 Riverside Avenue

Westport, Connecticut 06880

Attn: Legal Department