Gamma Force, and its affiliates (collectively, “Gamma Force,” “we,” “our” and “us”) provide the websites and products or services offered by or through one or more of them (“Services”) subject to these Terms of Use (“Terms”). These Terms apply to websites, products, and services where posted by us.
Please read these Terms carefully before you access or use our Services. When you access or use our Services, you are agreeing to be bound by these Terms, as amended from time to time, as well as the Gamma Force Privacy Policy, which is incorporated by reference into these Terms. If you do not wish to agree to these Terms, do not access or use our Services.
We may change these Terms at any time by posting changes to the Services, or on a website that replaces them, prior to the change becoming effective, or by notifying you by email prior to the effective date of the change. You agree to be bound by any changes to these Terms thirty days after they are revised or when you use the Services after any such change is posted, whichever is sooner. We may revise the Services at any time without notice.
You grant to us an irrevocable, worldwide, royalty-free license to any information you provide through the Services. You authorize us to use this information, content, or other information to provide the Services, or for other permissible business purposes, at no cost to us.
You represent that you have the power and authority to enter into these Terms; all information you provide to us is accurate and complete; if you access our Services on behalf of an organization, your organization is bound by and liable under these Terms; you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; you are not listed on any U.S. Government list of prohibited or restricted parties.
The Services are provided as is or as available. We, including any person associated with us, disclaim all warranties of any kind about our Services, including relating to their quality, accuracy, or availability.
We disclaim all warranties of any kind, either expressed or implied. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy with regard to any website owned by a third party to which or from which the site is linked (“Linked Website”). We do not endorse and are not responsible for the capabilities, quality, content, or reliability of any product or service obtained from a Linked Website. Your use of Linked Websites is at your own risk and subject to the terms for such websites.
Without limiting the foregoing, neither we nor anyone associated with us warrants or represents that the Services will be accurate, reliable, error-free, timely, secure, complete, available, or uninterrupted or meet your requirements; that defects will be corrected; that the Services or the server that makes them available are free of viruses or other harmful components; that the Services, including the quality of any products, services, information, or other material, will otherwise meet your needs or expectations; or that any errors will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.
To the extent permitted by law, in no event will we or our licensors, service providers, employees, officers, directors, or contractors be liable for any damages of any kind, under any theory or law or equity, arising out of or in connection with your use of, or inability to use our Services or any Linked Website, including any direct, indirect, incidental, special, consequential, exemplary, or punitive damages.
This limitation of liability includes, without limitation, personal injury, lost profits, goodwill, data, or other losses, costs of obtaining substitute service or lost opportunity, or damages resulting from delay, interruption in service, mechanic or electronic equipment failure, failure of communication lines, telephone, or other interconnects, unauthorized use or access to or alteration of your transmission of data, theft, operational errors, strikes or other labor problems, statements or conduct of anyone on the site, any force majeure event, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in Services, whether or not we have been negligent or been advised of the possibility of any such damages.
Regardless of the limitation of liability disclaimers in this section, if we are found to be liable, our liability to you or any third party is limited to $100.
Some jurisdictions do not allow the exclusion of certain liabilities; therefore, some of the above exclusions may not apply to you.
You agree not to do any of the following:
a. anything illegal or that violates a contractual obligation;
b. attempt to derive or use source code from the Services;
c. take any action to circumvent or defeat the Product’s security or content usage rules or that permits unauthorized entry or access to computer systems;
d. engage in activity that infringes upon the rights of others, including our or any third party’s intellectual property rights or rights pertaining to privileged, confidential, proprietary, or trade-secret information;
e. engage in activity that violates the privacy of others;
f. engage in activity that is fraudulent, false, misleading, or involves the sale of counterfeit or stolen items;
g. use the Services in a way that creates liability for us or causes us to lose the services of our service providers;
h. use any automatic device, program, algorithm, or methodology to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Services;
i. use the Services in any way that interferes with their normal operation; or
j. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.
Accessing the Services from territories where their contents are illegal or unlawful is prohibited.
You agree, at your own expense, to defend, indemnify and hold us, our third party-service providers, and their officers, directors, and employees, harmless from any claim or demand (including reasonable legal fees) arising out of or relating to your access to, or use of the Services. This includes your breach of these Terms, your violation of applicable laws, your infringement of any intellectual property or other right of anyone, or your violation of any rights of any third party. You are solely responsible for your use or access to the Services.
Your failure to comply with the provisions of this Section may result in the termination of your access to the Services and may expose you to civil or criminal liability.
Services, including prices and descriptions of products or services, may contain errors. We may revise, change, suspend, or discontinue Services, including prices and descriptions of products, all or any portion of the Services.
You will not use the names, logos, colors, trademarks, service marks, photographs, trade dress, or other identifying features of Gamma Force without obtaining our specific prior written approval and respect our intellectual property rights.
Where your interactions with Gamma Force require you to make a payment, you hereby authorize us to bill you using the payment information you provided to us along with any sales, uses, or similar tax and any other applicable, required fees. You represent that you have the legal right to use any credit or debit card or other payment method you provide us. We may place a temporary payment authorization hold on your payment method at the start of, or in preparation for, the delivery for our Services, which may not be the final amount charged to you. Prices, fees, tariffs, or amounts shown on the Services. We may cancel your order, subscription, or Services if we are unable to successfully charge your payment method.
We may use available card information updater services from card associations, payment service providers, or issuers to update any outdated or incorrect credit card or other payment information to continue to bill you under an existing order. You expressly authorize us to: (a) verify your credit card or other payment information either ourselves or through a service provider; (b) receive updated account information from the entities issuing your credit card or otherwise involved in any other forms of payment; (c) charge all amounts for which you are responsible to the credit card you submitted or process the amount due using another payment option you have provided. You remain responsible for any uncollected amounts you owe us.
Where your interactions with Gamma Force require a payment, those payments are final and nonrefundable, unless otherwise required by applicable law or otherwise specifically provided by Gamma Force.
Gamma Force, its service providers, and partners may contact you via email, text, or voice call to provide you with its Services. When you access or use the Services, you agree to communicate with us electronically and consent to receive communications from us electronically.
We hereby grant you a nonexclusive, nontransferable, limited, and revocable-at-any-time license to use the Services solely for your personal, non-public, legitimate use purposes related to your role as a current or prospective customer, service provider, or other authorized user of our Services.
From time to time, we may provide links to Linked Websites from the Services. Linked Websites are controlled and operated by third parties, not us. We do not endorse, authorize, sponsor, or affiliate with respect to Linked Websites, its owners, sponsors, or providers.
You access the Services on your own initiative and own risk. You are responsible for compliance with all applicable laws, including all federal, state, and local laws, and regulations.
We may terminate these Terms or suspend or limit the Services or use of the Services immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these Terms. Upon termination, you will cease use of the Services.
Your access to the Services is permitted at our discretion. We may withdraw, amend, or restrict Services without notice.
With respect to any dispute with Gamma Force or its licensors, service providers, employees, officers, directors, or contractors, arising out of or relating to your Services or these Terms, you hereby (i) give up your right to have a trial by jury; and (ii) give up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving such dispute. Any action against us must be commenced within 1 year after the claim or cause of action arose.
If Gamma Force fails to exercise any of its rights under these Terms, any such failure does not constitute a waiver of such right or any other rights under the Terms.
Provisions that by their nature should survive termination of these Terms must survive termination, including without limitation, sections relating to limitation of liabilities, disclaimer of warranties, and indemnities.
Any rights not expressly granted herein are reserved and retained by Gamma Force or its licensors, suppliers, or other service providers.
These Terms are governed by the laws of the State of Ohio, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms or your use of the Services is in the state or federal courts located in Columbus, Ohio. You submit to the jurisdiction of such courts.
Except to the extent otherwise set forth herein, the Terms set forth the entire understanding between Gamma Force and you with respect to your access to and use of the Services. The Terms replace all prior understandings between us.
If you have any questions or concerns about the Terms, you may contact us at hello@gammaforce.io.