Terms of Service


(Last Modified: June 29, 2009)


The following are the terms and conditions for use of the General Sentiment services or Site described herein (the “Service” or “Services”). Please read these terms and conditions carefully before using this service. By using this Service you signify your assent to these terms of use and agree to comply with all applicable laws and regulations. By using the Service, you agree that you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”) are eligible for an account and you agree to abide by all of these terms and conditions of the Service (the “Terms of Service” or “Agreement”). The Service is offered to you on the condition that you accept the Terms of Service without modification. Violation of these Terms of Service may result in the immediate termination of your account. If you do not agree to these terms of use, please do not use this Service. General Sentiment may offer new Services at a later date and such new services will be subject to these Terms of Service. By continuing to use these Services after the introduction of new Services, You agree to abide by the Terms of Service for the new Services “Content” includes, without limitation, any information or data, text, software, scripts, graphics, photos, and interactive features provided by General Sentiment through the Services. “Site” means the www.generalsentiment.com website and its respective content and Services available from the site.


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.


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.


General Sentiment may terminate Your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately. General Sentiment will treat Your personal information in accordance with its current Privacy Policy, subject to change from time to time, which is posted on the Site. You agree to the terms of the Privacy Policy, which describes General Sentiment’s use and disclosure of information about your account and your use of the Site or Services. General Sentiment or its suppliers may, at any time, without notice or liability, restrict the use of the Site or Services or limit the availability in order to perform maintenance activities and to maintain session control. General Sentiment automatically measures and monitors network performance. General Sentiment does not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of General Sentiment or its authorized vendors, contractors and agents.


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.


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.


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.


All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement shall survive such termination, cancellation or expiration. General Sentiment will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services You agree not to assign or otherwise transfer, this Agreement in whole or in part, and any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and You agree to make all subsequent payments as directed. General Sentiment’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. This Agreement, including the Privacy Policy and all other policies posted on the Site, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between You and General Sentiment with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by You to this Agreement without General Sentiment’s written consent are void.


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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