Legal Notices

No Surprises Act Notice

Your Rights and Protections Against Surprise Medical Bills Model Notice 6.28.22

Transparency in Coverage Rule

The Transparency in Coverage Final Rules require certain group health plans to disclose on a public website information regarding in-network provider rates and historical out-of-network allowed amounts and billed charges for covered items and services in two separate machine-readable files (MRFs).  The MRFs for the benefit package options under the  Gainwell Technologies Health & Welfare Plan are linked below:

CareFirst Administrators

Meritain Health

 

 

NASPO ValuePoint

H1-B – LCA Postings

These LCAs are being displayed in accordance with U.S. Department of Labor regulations.

Investors

Thank you for your interest in Gainwell Technologies. This site provides detailed company information, financial news, SEC filings and links to a recent earnings call webcast.

 

 

 

Privacy Policy

This Privacy Statement applies to all Gainwell-owned websites, domains and services and those of our wholly owned subsidiaries (“Gainwell sites or services”), except that a privacy policy or statement specific to a particular Gainwell service or program may supersede or supplement this Privacy Statement. Personal information concerning Gainwell and its customers, including outsourcing and other services clients, business partners, employees, former employees and applicants for employment (“covered individuals”) collected and processed offline is also governed by this Privacy Statement except where the contract with a covered individual defines different requirements which will take precedence over this Privacy Statement.

Collection of Personal Information

Personal information is any information that personally identifies an individual or from which an individual could be identified. This may include a name, address, telephone number, email address and other private personal attributes.

Gainwell collects, uses, stores and transfers (collectively “processes”) personal information to manage its relationship with its customers, employees, business partners and other third parties (“covered individuals”) and better serve covered individuals by personalizing their experience and interaction with Gainwell. Such processing is done in compliance with applicable laws, including appropriate notice and consent, along with required filings with data protection authorities, where required.

Gainwell may collect and process personal information through a variety of means, including, as examples, access to Gainwell sites or services, or other ordering channels, employment processes, during conversations or correspondence with Gainwell representatives, through purchase of goods or services or in the course of an online application.

Use of Personal Information

Fulfilling your Transaction Request

If we receive any requests related to, for example, a product or service, a callback, or specific marketing materials, we will use your personal information to fulfill your request. In this context, we may share information with others, for instance, Gainwell’s group companies and business partners, involved in fulfillment. In connection with a transaction, we may also contact you as part of our customer satisfaction surveys or for market research purposes subject to applicable laws and regulations.

Personalizing your Experience on our Websites

We may use information we collect about you to provide you with a personalized experience on our websites, such as providing you with content in which you may be interested and making navigation on our sites easier. We may use “cookies” to help us improve this website and to track and store some of your preferences. A cookie is a small file created by a website or application to store information on your computer. For more information, please read Gainwell’s Cookie Policy.

We may work with third party service providers who may place third party persistent cookies or similar technologies to collect anonymous information about the use of our websites. This information will be solely used for web usage analysis for a better understanding of how you use our website and/or to customize our content.

Providing Support

We may use your personal information to support Gainwell products or services you have purchased from us, including technical support, where we may sometimes have incidental access to data that you have provided to us or data that is located on your system. This data may contain information about you, your organization’s employees, customers, partners, or suppliers (collectively “customer data”). This Privacy Statement does not apply to our access to or handling of your customer data; the conditions regarding the handling and processing of your customer data is covered by the applicable terms of use or other agreements between you and Gainwell and its group companies.

Marketing

The information you provide to Gainwell, as well as the information we have lawfully collected about you indirectly, may be used by Gainwell for marketing purposes. We will offer you the opportunity to opt-in to Gainwell using your information in this way. You may at any time choose not to receive marketing materials from us by following the unsubscribe instructions included in each e-mail you may receive, or by contacting Gainwell directly at .

Some of our offerings may be co-branded, that is sponsored by both Gainwell and third parties, such as Gainwell partners. If you sign up for these offerings, be aware that your information may also be collected by and shared with those third parties. We encourage you to familiarize yourself with their privacy policies to gain an understanding of the manner in which they will handle information about you. If you would like to review, rectify or request deletion of any Personal Information we have about you, you can submit a request by emailing Gainwell’s privacy office at .

Recruitment

In connection with a job application or inquiry, whether advertised on a Gainwell website or otherwise, you may provide us with information about yourself, such as a resume. We may use this information throughout Gainwell and its group companies in order to address your inquiry or consider you for employment purposes.

Monitoring or Recording of Calls, Chats and Other Interactions

Certain online transactions may involve you calling us or us calling you. They may also involve online chats. Please be aware that it is Gainwell’s general practice to monitor and in some cases record such interactions for staff training or quality assurance purposes or to retain evidence of a particular transaction or interaction.

Mobile Applications and Use of Information in the Social Computing Environment

Gainwell makes available mobile applications for download from various mobile application marketplaces. Gainwell also provides social computing tools on some of its websites to enable collaboration among members who have registered to use them. These include forums, wikis, blogs and other social media platforms.

When downloading and using these applications or registering to use these social computing tools, you may be asked to provide certain personal information. These applications and tools may also include supplemental privacy statements with specific information about collection and handling practices. We encourage you to read those supplemental statements to understand how the tools and applications may process your data.

Any other content you post, such as pictures, information, opinions or any other type of personal information that you make available to other participants on these social platforms or applications, is not subject to this Privacy Statement. Rather, such content is subject to the terms of use of those applications or platforms, and any additional guidelines and privacy information provided in relation to their use, as well as the process by which you can remove your content from such tools. You should be aware that the content you post on any such social computing platforms may be made broadly available to others inside and outside Gainwell.

Protect the Rights and Property

We may also use or share your information to protect the rights or property of Gainwell, our business partners, suppliers, clients, or others when we have reasonable grounds to believe that such rights or property have been or could be affected. In addition, we reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights, or the rights of others, or to comply with a judicial proceeding, court order, law enforcement or legal process.

Sharing of Personal Data

Gainwell will not sell, rent or lease your personal information to others.

As a global organization with business processes, management structures and technical systems that cross borders, Gainwell may share information about you within Gainwell and transfer it to countries in the world where we do business in connection with the uses identified above and in accordance with this Privacy Statement. Our Privacy Statement and our internal policies and practices are designed to provide a globally consistent level of protection for personal information all over the world. Even in countries whose laws provide for less protection for your information, Gainwell will still handle and protect your information in the manner described in this Privacy Statement.

Gainwell retains service providers, suppliers, and other alliance partners located in various countries to manage or support its business operations, provide professional services, deliver customer services and solutions, and otherwise process information on Gainwell’s behalf. It is Gainwell’s practice to require such service providers, suppliers and alliance partners to handle personal data and other confidential information in a manner consistent with Gainwell’s policies.

Circumstances may arise where, whether for strategic or other business reasons, Gainwell decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of such information from sellers. It is Gainwell’s practice to seek appropriate protection for information in these types of transactions.

Please be aware that in certain circumstances, personal information may be subject to disclosure to government agencies pursuant to judicial proceeding, court order, law enforcement or legal process. We may also share your information to protect the rights or property of Gainwell, our business partners, suppliers or clients, and others when we have reasonable grounds to believe that such rights or property have been or could be affected.

California Consumer Privacy Act – CCPA

Gainwell is committed to the lawful treatment and confidential handling of sensitive information, including personal information about California residents, and has adopted a set of global information management policies including privacy and data protection, security, system access, information classification, and other relevant policies governing the collection, use, disclosure, transfer, retention, and deletion of information.

Gainwell as a “Service Provider” (as defined in the CCPA) confirms that it will process personal information which it retains, uses, or discloses in connection with its performance under any contract: (1) only on behalf of and for the benefit of the “Business” (as defined in the CCPA) from which it has received the personal information; (2) only in accordance with the contract and Business’s prior written instructions, if any; unless (3) as otherwise required by the CCPA. Gainwell confirms that it will not process personal information for any purpose other than for the specific purpose of performing the services specified in the contract.

Information Security, Accuracy and Retention

Security is a high priority for Gainwell and to protect the personal data and other confidential information and maintain its accuracy and integrity we have implemented appropriate administrative, technical and physical safeguards to prevent unauthorized access, use or disclosure. We require the same high standard of information security and information management of any third parties we share your data with.

We will retain personal information only for as long as legally required or permitted and in accordance with Gainwell records and information management policies. We respect your right to privacy and upon your request Gainwell will no longer use your personal information unless required to provide you services or as necessary to comply with Gainwell’s legal obligations, resolve complaints and disputes and enforce our agreements.

Explanation of Benefits

For questions on Medicaid, please note that Gainwell provides Medicaid Provider services for various states. For the Explanation of Benefits (EOB) associated with payments you may have received, you must contact your state Medicaid offices for more information.

For your reference, the state assistance centers we work with can be contacted at the following numbers:

Alabama XIX
Provider Assistance Center
1-800-688-7989

Alabama XIX
Electronic Media Claims Help Desk
1-800-456-1242

Arkansas XIX
Provider Assistance Center
1-800-457-4454

California XIX
Telephone Service Center
1-800-541-5555 (in state providers)
1-916-636-1200 (border providers and out of state billers billing for in-state providers)
1-916-636-1960 (out of state providers)

Connecticut XIX
Provider Assistance Center
1-800-842-8440

Colorado XIX
Provider Assistance Center
1-844-235-2387

Delaware XIX
Provider Assistance Center
1-800-999-3371

Florida XIX
Provider Assistance Center
1-800-289-7799, option 7

Georgia XIX
Provider Assistance
1-800-766-4456

Georgia XIX
EDI Services
1-877-261-8785

Idaho
Provider Services
1-866-686-4272

Indiana
Provider Assistance
1-800-457-4584

Kansas XIX
Provider Assistance Center
1-800-933-6593

Kentucky
Electronic Data Interchange (EDI)
1-800-805-4696

Louisiana XIX
Provider Relations
1-800-473-2783

Nevada XIX
Provider Assistance Center
1-877-638-3472

Nevada XIX
Authorization Department
1-800-525-2395

Oklahoma XIX
Provider Assistance Center
1-800-522-0114

Pennsylvania
Provider Assistance Center
1-800-537-8862

Rhode Island XIX
Provider Assistance Center
1-800-964-6211

Texas MEHIS
Provider Portal Help Desk (GOV HEALTH)
1-855-827-3747

Texas MEHIS
Texas Provider Contact
1-800-925-9126

Vermont XIX
Provider Assistance Center
1-800-925-1706

West Virginia XIX
Provider Services 
1-888-483-0793

Wisconsin XIX
Provider Assistance Center
1-800-947-9627

Legal

This site located at “www.gainwelltechnologies.com” is a website (site) owned and operated by Gainwell and/or its affiliates (Gainwell or Our or We or Us) and is intended to provide information that might be of interest to users.

Your access to, and use of the Site hosted at “www.gainwelltechnologies.com” and any other websites controlled by Gainwell (together Our Sites) and all the content of them that Gainwell and its subsidiaries and affiliated companies may make available to you, as well as any services We may provide through any of Our Sites, are governed by and subject to these Gainwell Site Terms (Terms) and all applicable laws. Please read them carefully.

By accessing and browsing Our Site, you accept, without limitation or qualification, these Terms and acknowledge that Other Agreements between you and Gainwell are, subject to section 12 (Other Agreements; Access to Software and Services) of these Terms, superseded and of no force or effect.

1. Copyright

All content of Our Sites, including but not limited to the text, graphics, logos, button icons, audio clips, video clips, data compilations, Software, and images, and their arrangement or compilation on Our Site (Content), unless otherwise noted, are the copyrighted material of Gainwell or its content providers and are protected by United States and international copyright laws. Copyright © 2020 Gainwell. All rights reserved.

2. Trademarks

“Gainwell Technologies”, “Gainwell”, and the Gainwell logo and other Gainwell graphics, logos and service names are trademarks, registered trademarks, or trade dress of Gainwell in the United States and/or other countries. Gainwell’s trademarks or trade dress many not be used in connection with any other product or service that is not Gainwell’s, or in any manner that is likely to cause confusion among existing or future customers, or in any manner which denigrates or discredits Gainwell. All other trademarks and logos or registered trademarks and logos found on Our Sites or mentioned in them belong to their respective owners. Nothing contained on Our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Our Sites without the written permission of Gainwell or such third party that owns the trademarks. Gainwell will enforce its intellectual property rights to the fullest extent permitted by law. You may not use the name, logo, proprietary Content or any trademark of Gainwell without Gainwell’s express written permission.

3. Limited License

Gainwell grants you a limited, revocable, non-exclusive license to access and make personal use of Our Sites (License), and not to download (except for page caching) or modify any portion of it without Gainwell’s express written consent. This License is for online access only and does not allow you to commercially exploit Our Sites or any of their Content. This License does not allow you to make derivatives of Our Site or use any data mining or other data extraction or gathering tools on Our Sites. Unless otherwise specified by Gainwell in a separate license or Other Agreement your right to use any Software, data, documentation or other Content that you access or download from Our Sites is subject to these Terms. You may create a hyperlink to Our Site homepage subject to strict compliance with these Terms. Any unauthorized use of Our Sites in contravention of these Terms or a breach of this License terminates the permissions granted under this License with immediate effect.

4. Access to Our Sites

When you access Our Sites, you are responsible for complying with these Terms as well as any and all use of Our Sites through any account that you may setup through or on Our Sites. Some Content will only be available to you if you have created an account.

Whenever you access Our Sites or create or maintain any account on Our Sites you agree to provide true, accurate, current, and complete information. It is your responsibility to obtain and maintain all equipment, services and Software needed for access to and use of Our Sites as well as paying any related charges. It is also your responsibility to maintain the confidentiality of your login credentials and password(s) and to restrict access to your computing device used to access your account. Should you believe your password or other security information for any of Our Sites has been breached in any way, you must immediately notify Us. Gainwell reserves the right to refuse you access to Our Sites and to terminate accounts in Our sole discretion.

5. Professional Services and Advice

In accessing any of Our Sites, no client, advisory, fiduciary or professional relationship is implicated or established and neither Gainwell nor any other person is, in connection with Our Sites, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice.

6. Liability and Warranties

OUR SITES AND ALL CONTENT IN THEM HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND OUR SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EVERYTHING ON OUR SITES (INCLUDING SOFTWARE) IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF OUR SITES IS ENTIRELY AT YOUR OWN RISK.

GAINWELL DOES NOT WARRANT THAT OUR SITES, VARIOUS SERVICES PROVIDED THROUGH OUR SITES, AND ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM OUR SITES, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GAINWELL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON OUR SITES. GAINWELL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES. GAINWELL USES ALL REASONABLE EFFORT TO ENSURE THE ACCURACY OF THE CONTENT ON OUR SITES BUT RESERVES THE RIGHT TO CHANGE IN ITS SOLE DISCRETION OUR SITES, IN ANY WAY AND/OR AT ANY TIME, WITHOUT NOTICE.

UNLESS SPECIFIED IN AN OTHER AGREEMENT BETWEEN YOU AND US, AND TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, GAINWELL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR SITES OR FROM YOUR USE OF ANY CONTENT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH OUR SITES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, OR THIRD PARTY CLAIMS, EVEN IF GAINWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANOTHER PARTY.

7. External Links

Links on Our Sites may lead to servers maintained by individuals or organizations other than Gainwell. Gainwell has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.

8. Submission of Personal Information

Please read our Privacy Policy. These Terms are deemed to incorporate, and should be read together with, Gainwell’s Privacy Policy.

9. Images

Images of people or places displayed on Our Sites are either the property of, or used with permission by, Gainwell. Your use of these images is strictly prohibited unless specifically permitted by these Terms, specific permission provided elsewhere on Our Sites or you write directly to and obtain permission from Gainwell. Please contact “” for permission.

10. Revisions to Content

Gainwell may at any time revise these Terms by updating this posting. You are bound by the most current Terms every time you visit Our Sites, therefore you should periodically and carefully review these Terms to which you are bound.

11. Other Agreements; Access to Software and Services

Gainwell may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via Our Sites under the terms of a separate agreement between You and Gainwell, such as a license agreement or separate terms of sale and warranty terms (each, an Other Agreement). Gainwell’s obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and these Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms and any Other Agreement, the terms of the Other Agreement will control.

For example, the use of any software that is made available to download from Our Sites (Software) is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (License Agreement). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement. If there is no License Agreement, then these Terms will govern your use of that Software.

12. Choice of Law, Jurisdiction and Severability

The contents of Our Sites are governed by the laws of the state of Virginia in the United States, and any claims rising directly or indirectly out of any materials contained on Our Sites are subject to these same laws without regard to any conflict of law principles.

Any dispute that arises out of your use of Our Sites or to services provided by Gainwell where the aggregated amount of such claim is greater than $10,000 shall be heard in a state or federal court in the state of Virginia, and you consent to the exclusive jurisdiction of such courts.

If any clause of these Terms shall be deemed to be invalid, void or unenforceable for any reason, that clause shall be deemed severable and shall not affect the enforceability of the remainder of these Terms.

Cookie Policy

A cookie is a string of information that a website saves on a visitor’s computer and then the visitor’s browser provides to the website operator each time the visitor returns to the information collecting website. Gainwell uses cookies or makes use of a browser’s local storage capabilities to help Gainwell identify visitors, their usage of the website and their website access preferences. Gainwell may also use information derived from cookies or local storage to direct the visitor to information similar to what they visited and thereby market Gainwell products and services by personalizing the experience on the visitor’s web page on Gainwell’s site.

Visitors can control cookie placement when using Gainwell’s website. Visitors who do not wish to have any cookies placed on their computers should set their browsers to refuse cookies before using Gainwell’s website, with the drawback that certain features of the website may not function properly without the aid of cookies. Visitors that want to limit third party advertising cookies can enable their browser’s “Do Not Track” functionality.

Some pages on Gainwell’s website may contain embedded content from third party sites, such as YouTube for videos and Taleo for jobs. Gainwell’s website also allows for content to be shared through social networks but only at your request. Embedding and sharing content may result in as cookies being set by those third party sites. Gainwell does not control the dissemination of those cookies. Please visit these third party sites if you wish to learn more about their use of cookies and similar tools.

Please note that the Gainwell website is being constantly updated and this list will change over time. If you have any additional questions about Gainwell’s use of cookies please do not hesitate to email .

Terms of Use Policy

This site located at “https://www.gainwelltechnologies.com” is a website (Site) owned and operated by Gainwell Technologies LLC (Gainwell or Our or We or Us) and is intended to provide information that might be of interest to users.

Your access to, and use of the Site, all its content and any services We may provide, are governed by and subject to these Gainwell Site Terms (Terms) and all applicable laws. Please read them carefully.

By accessing and browsing Our Site, you accept, without limitation or qualification, these Terms and acknowledge that any other agreements between you and Gainwell are superseded by these Terms and of no force or effect, except as otherwise set forth below in the Other Agreements; Access to Software and Services section of these Terms.

Copyright

All content of Our Site, including but not limited to the text, graphics, logos, button icons, audio clips, video clips, data compilations, software, and images, and their arrangement or compilation on Our Site (Content), unless otherwise noted, are the copyrighted material of Gainwell Technologies or its content providers and are protected by United States and international copyright laws. © 2021 Gainwell. All rights reserved.

Trademarks

“Gainwell Technologies,” “Gainwell,” the Gainwell logo and other Gainwell graphics, logos and service names are trademarks, registered trademarks, or trade dress of Gainwell in the United States and abroad. Gainwell’s trademarks or trade dress many not be used in connection with any other product or service that is not Gainwell’s, or in any manner that is likely to cause confusion among any persons, including existing or future customers, or in any manner which denigrates or discredits Gainwell. All other trademarks and logos or registered trademarks and logos found on Our Site or mentioned in them belong to their respective owners. Nothing contained on Our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Our Site without the prior, written permission of Gainwell or such third party that owns the trademarks. Gainwell will enforce its intellectual property rights to the fullest extent permitted by law. You may not use the name, logo, proprietary Content or any trademark of Gainwell without Gainwell’s prior, written permission.

Limited License

Gainwell grants you a limited, revocable, non-exclusive license to access and make personal use of Our Site (License), and not to download (except for page caching) or modify any portion of it without Gainwell’s express written consent. This License is for online access only and does not allow you to commercially exploit Our Site or any of the Content. This License does not allow you to make derivatives of Our Site or use any data mining or other data extraction or gathering tools on Our Site. Unless otherwise specified by Gainwell in a separate license or Other Agreement your right to use any software, data, documentation or other Content that you access or download from Our Site is subject to these Terms. You may create a hyperlink to Our Site homepage subject to strict compliance with these Terms. Any use of Our Sites in contravention of these Terms or a breach of this License terminates the permissions granted under this License with immediate effect.

Access to Our Sites

When you access Our Site, you are responsible for complying with these Terms as well as any and all use of Our Site through any account that you may setup through or on Our Site. Some Content will only be available to you if you have created an account.

Whenever you access Our Site or create or maintain any account on Our Site you agree to provide true, accurate, current, and complete information. It is your responsibility to obtain and maintain all equipment, services and software needed for access to and use of Our Site as well as paying any related charges. It is also your responsibility to maintain the confidentiality of your login credentials and password(s) and to restrict access to your computing device used to access your account. Should you believe your password or other security information for any of Our Site has been breached in any way, you must immediately notify Us. Gainwell reserves the right to refuse you access to Our Site and to terminate accounts in Our sole discretion.

Professional Services and Advice

In accessing any of Our Site, no client, advisory, fiduciary or professional relationship is implicated or established and neither Gainwell nor any other person is, in connection with Our Site, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice.

Liability and Warranties

OUR SITE AND ALL CONTENT IN IT HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EVERYTHING ON OUR SITE (INCLUDING SOFTWARE) IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK.

GAINWELL DOES NOT WARRANT THAT OUR SITE, VARIOUS SERVICES PROVIDED THROUGH OUR SITE, AND ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM OUR SITE, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GAINWELL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON OUR SITE. GAINWELL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITE. GAINWELL USES ALL REASONABLE EFFORT TO ENSURE THE ACCURACY OF THE CONTENT ON OUR SITE BUT RESERVES THE RIGHT TO CHANGE IN ITS SOLE DISCRETION OUR SITE AND ITS CONTENT, IN ANY WAY AND/OR AT ANY TIME, WITHOUT NOTICE.

UNLESS SPECIFIED IN AN OTHER AGREEMENT BETWEEN YOU AND US, AND TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, GAINWELL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR SITE OR FROM YOUR USE OF ANY CONTENT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH OUR SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, OR THIRD PARTY CLAIMS, EVEN IF GAINWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANOTHER PARTY.

External Links

Links on Our Site may lead to servers maintained by individuals or organizations other than Gainwell. Gainwell has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.

Submission of Personal Information

Please read Gainwell’s Privacy Policy. These Terms are deemed to incorporate, and should be read together with, Gainwell’s Privacy Policy.

Images

Images of people or places displayed on Our Site are either the property of, or used with permission by, Gainwell. Your use of these images is strictly prohibited unless specifically permitted by these Terms, specific permission provided elsewhere on Our Site or you write directly to and obtain written permission from Gainwell. Please contact “” for permission.

Revisions to Content

Gainwell may at any time revise these Terms by updating this posting. You are bound by the most current Terms every time you visit Our Site, therefore you should periodically and carefully review these Terms to which you are bound.

Other Agreements; Access to Software and Services

Gainwell may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via Our Site under the terms of a separate agreement between You and Gainwell, such as a license agreement or separate terms of sale and warranty terms (each, an Other Agreement). Gainwell’s obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and these Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms and any Other Agreement, the terms of the Other Agreement will control.

For example, the use of any software that is made available to download from Our Site (Software) is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (License Agreement). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement. If there is no License Agreement, then these Terms will govern your use of that Software.

Choice of Law, Jurisdiction and Severability

The contents of Our Site are governed by the laws of the state of Virginia in the United States, and any claims rising directly or indirectly out of any materials contained on Our Site are subject to these same laws without regard to any conflict of law principles.

Any dispute that arises out of your use of Our Site or to services provided by Gainwell where the aggregated amount of such claim is greater than $10,000 shall be heard in a state or federal court in the state of Virginia, and you consent to the exclusive jurisdiction of such courts.

If any clause of these Terms shall be deemed to be invalid, void or unenforceable for any reason, that clause shall be deemed severable and shall not affect the enforceability of the remainder of these Terms.