The following terms and conditions govern your use of this web site and all content, services and products available on or through the website (taken together, the “Site”). The Site is owned and operated by Gambiste Research Systems Inc. and its affiliates (together, “Gambiste”) as a service to its clients and investors and may be used for informational purposes only. Access to and use of the Site is subject to your acceptance without modification of all the terms and conditions contained herein, and all other operating rules, policies, and terms on this Site and any applicable written agreements with Gambiste (which, in the event of a conflict with this terms and conditions, shall govern). Single copies of material contained on this Site may be downloaded for non-commercial, personal use subject to the provisions below and provided that you also retain all copyright and other proprietary notices contained on the materials. If you do not agree to these terms, do not use the Site or download any materials from it. If you do not agree to the terms, or if you cannot remain in compliance with such terms, you may not access or use the Site.
Gambiste may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
ACCOUNT RESPONSIBILITY: You are responsible for maintaining the security and confidentiality of your account and password, and you are fully responsible for all activities that occur under your account, whether by you or anyone else. You may not create or use an account for anyone other than yourself. You must immediately notify Gambiste of any unauthorized uses of your account or any other breaches of security. Gambiste will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Gambiste will not be liable for any loss that you or any other third party may incur as a result of someone else’s use of your account or password, either with or without your knowledge. Gambiste may hold you liable for any losses incurred by Gambiste or any other party due to someone else’s use of your account or password.
INTELLECTUAL PROPERTY INFORMATION: Unless otherwise noted, product names, designs, logos, titles, text, images, audio, video and other content within this Site are the trademarks, service marks, trade names, copyrights or other property of Gambiste (“Gambiste’s Intellectual Property”) or its third party content providers (“Third Party Intellectual Property”). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Gambiste’s Intellectual Property or Third Party Intellectual Property displayed on the Site without the written permission of Gambiste. All rights in and to the Site and its content are retained by Gambiste. To obtain permission, send an e-mail to marketing@Gambiste.com. COPYRIGHT NOTICE: Please refer to the copyright notice in the website (www.Gambiste.com) footer.
You acknowledge and agree that the contents of this Site, including Gambiste’s Intellectual Property and Third Party Intellectual Property, are protected by the copyright laws of the United States and other foreign jurisdictions.
No portion may be reproduced in any form, or by any means, without the prior written consent of Gambiste.
As Gambiste asks others to respect its intellectual property rights, it respects the intellectual property rights of others (please see Acceptable Use Policy below). If you believe that material located on the Site violates your copyright, you are encouraged to notify Gambiste at compliance@Gambiste.com. Gambiste will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Gambiste will, to the extent it is able, terminate a user’s access to and use of the Site if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Gambiste or others.
DISCLAIMER AND LIMITATION OF LIABILITY: USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE CASE OF DISASTISFACTION WITH THIS SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUANCE OF ACCESS TO OR USE OF THE SITE.
IN NO EVENT SHALL Gambiste OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Gambiste assumes no responsibility, and shall not be liable for, any such damages to or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. Gambiste and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the materials posted, set forth, downloadable or linked to this Site. Gambiste may make changes to or discontinue any or all of these materials, or the products described therein, at any time without notice. Gambiste makes no commitment to update the information on this Site.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APLICABLE LAW.
USER SUBMISSIONS: Any content, material, information or other communication, including, without limitation, data, questions, comments, feedback, suggestions or the like (collectively, the “Communications”), that you transmit or post to this Site will be considered non-confidential and non-proprietary. If you transmit or post any Communications to this Site, you hereby grant Gambiste a world-wide, royalty free, fully paid, perpetual, irrevocable, and fully assignable, transferable and sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display and otherwise exploit such Communications throughout the world in any form, media or technology, whether now known or hereafter devised or developed. Gambiste will have no obligations in connection with any of the Communications, including but not limited to any obligation to retain or provide you with copies of your Communications or to guarantee any confidentiality with respect to your Communications. Gambiste cannot prevent the “harvesting” of information from this Site, and you may be contacted by Gambiste or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, at the sole discretion of Gambiste, the Communications, including all data, images, sounds, text and other things embodied therein, may be edited by or on behalf of Gambiste, may or may not be posted to this Site and may be used by Gambiste for any purpose, including, reproduction, disclosure, distribution, transmission, publication, broadcast and posting. The Communications may be used by Gambiste for any and all commercial or non-commercial purposes including, but not limited to, developing, manufacturing and marketing products using such information.
ACCEPTABLE USE POLICY: You are prohibited from:
posting or transmitting to this Site any Communications that are unlawful, threatening, libelous, defamatory, obscene or pornographic or that would otherwise violate any law;
posting or transmitting any Communications that could constitute or encourage conduct that would be considered harmful, fraudulent, infringing, offensive, illegal or give rise to civil liability;
posting or transmitting any Communications that contain any viruses, worms, malware, Trojan horses or other harmful, destructive or contaminating content;
posting or transmitting any unsolicited messages, promotions, advertising, or solicitations (like “spam”) or that is machine- or randomly-generated;
copying, modifying, publishing, transmitting, distributing, transferring, selling, creating derivatives of, or in any way exploiting, any material accessible through the website not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated gathering or extraction tools, program, algorithm or methodology, unless you obtain Gambiste’s prior written consent;
using the Site to advertise, market, sell or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly;
using this Site in any way to violate the security or integrity of any network, computer or communications system, software application, or network or computing device or otherwise attempt to disrupt or tamper with Gambiste servers;
attempting to gain unauthorized access to any of the Site or other accounts through hacking, password mining or other means; or
using or encouraging, promoting, facilitating or instructing others to use the Site in any matter not explicitly permitted under these terms.
Gambiste has the right (but not the obligation) to monitor activity on the Site and investigate any violation of this Agreement or misuse of the Site. If you become aware of any violation of this Agreement or misuse of the Site, you must immediately notify us and provide us with assistance, as requested, to stop or remedy such violation. Gambiste hereby notifies you that it will cooperate fully with any law enforcement authorities or court order requesting or directing Gambiste to disclose the identity of or help identify or locate anyone posting any such information or materials. Gambiste further has the right (but not the obligation) to refuse or remove any Communications from this Site or terminate or deny access to and use of the Site for any reason. Gambiste is under no obligation to enforce these terms on your behalf against another user. Gambiste reserves the right to take appropriate action in its sole discretion.
You hereby represent and warrant that (a) your use of the Site will not infringe the proprietary rights of any third party; (b) your use of the Site will be in strict accordance with these and any other applicable terms and with all applicable laws and regulations; (c) that any Communication you post or transmit to the Site is accurate.
USER RESPONSIBILITY: Gambiste has not reviewed, and cannot review, all of the Communications and material posted to the Site, and therefore cannot be responsible for its content, use or effects. By operating the Site, Gambiste does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, lawful or non-harmful. Neither Gambiste nor any of this third party suppliers guarantees, endorses, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or usefulness of any Communications and material accessible through the Site. The information provided on this Site by Gambiste speaks only as of the respective dates on which the information was first created. This information can become out-of-date. Gambiste makes no commitment, and disclaims any duty, to update any of this information, except as expressly stated on this Site. You use this Site at your own risk and are responsible for taking precautions as necessary to protect yourself and your computer systems.
LINKS TO OTHER MATERIALS: The linked sites are not under the control of Gambiste, and Gambiste is not responsible for the content, including, without limitation, the truthfulness or accuracy of any statement or other content, of any linked site or any link contained in a linked site. Gambiste reserves the right to terminate any link or linking program at any time. Gambiste has not reviewed all the information contained in the linked sites and does not endorse the companies, products or sites to which it links and reserves the right to note as such throughout the Site. If you decide to access any of the third-party sites linked to our Site, you do this entirely at your own risk.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless Gambiste, its contractors, and its third-party suppliers, and their respective directors, officers, employees and agents from and against any and all claims, costs, liabilities and expenses (including attorneys’ fees) arising out of your use of the Site, including but not limited to your violation of these terms. Gambiste reserves the right, at your expense, to control the defense of these claims. You agree not to settle any claims without Gambiste’s written consent. You agree to notify Gambiste immediately in writing of any such claims.
TERMINATION: Gambiste may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effectively immediately. If you wish to terminate these terms, or your user account (if you have one), you may simply discontinue using the Site. All provisions of these terms which by their nature should survive termination shall survive, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
APPLICABLE LAWS: This site is controlled by Gambiste from its offices located in the State of Connecticut within the United States of America. Gambiste does not make any representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where the content of this Site is illegal is prohibited. While this Site may be viewed internationally and may contain references to products and services not available in all countries, such references do not imply that Gambiste intends to make such products or services available in such countries. You may neither use, export or re-export the materials at this Site, nor may you use any copy or adaptation of such materials, in each case, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. Except to the extent applicable law provides otherwise, these terms, any access to or use of the Site, will be governed by the laws of the State of Connecticut within the United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal course located in Connecticut.
GENERAL: If any part of these terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer your rights under this Agreement to any party, including by operation of law. Gambiste may assign or otherwise transfer its rights under this Agreement without condition. This Agreement will be binding upon and will inure the benefit of the parties, their successors and permitted assigns.
These terms were last updated October 16, 2018.