You agree not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree to abide by all applicable local, state, national and international laws and regulations. You also agree not to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Services, that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates the Terms of Service; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (iv) imposes an unreasonable or disproportionately (in the sole judgment of General Sentiment) large load on General Sentiment’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of General Sentiment or any third party; or (vi) impersonates any person or entity, including any employee or representative of General Sentiment. You will also not use any robot, spider, scraper or other automated means to access the Services for any purpose. Additionally, You will not: (i) interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on the Site; or (ii) bypass any measures General Sentiment uses to prevent or restrict access to the Site or Services.CONTENT
You agree that the Site and Service contains Content specifically provided by General Sentiment or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by General Sentiment in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. General Sentiment may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. The Site or Services may permit You to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under General Sentiment’s control, and You acknowledge that General Sentiment is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by General Sentiment or any association with its operators. Any dealings that You have with third parties, merchants or advertisers found on the Site are between You and the third party, merchant or advertiser and You acknowledge and agree that General Sentiment is not liable for any loss or claim You may have against a third party, merchant or advertiser. In no event shall General Sentiment be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party’s web site, or the information or material accessed through such web sites. You further acknowledge and agree that General Sentiment shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.PROVISION OF SERVICES
You expressly understand and agree that: The use of the site and services is at your own risk, and you acknowledge and agree that the site, content and services are provided on an “as is” and “as available” basis. Except as otherwise specifically set forth in this agreement, General Sentiment, its officers, directors, employees, parent, subsidiaries, agents, affiliates, and third party licensors and suppliers disclaim any and all warranties and conditions for the site, content, and services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. A) General Sentiment does not warrant that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, error-free, secure, or free of viruses, worms, disabling code or conditions, or the like, and (iii) the results that may be obtained from the use of the services will be accurate or reliable. B) General Sentiment will not be liable for loss of your data.LIMITATION OF LIABILITY
You expressly understand and agree that in no event shall General Sentiment (or its officers, directors, employees, parent, subsidiaries, agents or affiliates) or its third party licensors, providers or suppliers, be liable for any direct, indirect, punitive, special, consequential or incidental damages, including without limitation, lost profits, loss of revenue, or loss of data, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if General Sentiment has been advised of the possibility of such claim or damages. The remedies expressly set forth in this agreement are your sole and exclusive remedies. You may have additional rights under certain laws (such as consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, these exclusions or limitations may not apply.INDEMNIFICATION
You agree to defend, indemnify and hold harmless General Sentiment from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by You; (b) the use of the Site or Services by You; (c) negligent acts, errors, or omissions by You; (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of General Sentiment; or (e) third party claims for infringement of any intellectual property rights arising from Your use of the Services or Site.MISCELLANEOUS
General Sentiment may choose to change the terms, conditions and operation of this Agreement anytime, such modifications to be effective upon posting on the Site.
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