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StreetYap.com Terms of Service (TOS)

  1. Welcome!

    2. StreetYap is a website operated by General Technologies LLC (“GT”) through which you as a user (“you”) can access and use the instant rating service (the “Service”). The Service enables you to search for ratings on terms of interest through multiple transport mediums offered by third party providers based on search criteria that you provide. Upon receipt of your request, StreetYap.com obtains results that meet your criteria, displays to you results that the Service finds, and sends the results through a variety of third party service providers. GT provides users with access to a rich collection of resources, including various communications tools, forums, services, query services, and personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for GT to provide the Service. You also understand and agree that the Service may include certain communications from GT, such as service announcements, administrative messages, and that these communications are considered part of GT membership and you will not be able to opt out of receiving them. The Service is offered to you conditioned on your acceptance without modification of these terms of service (“Terms”). Your access, use of the Service and any content made available through the Service constitutes your binding agreement to these Terms. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GT properties, shall be subject to the TOS. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are agreeing on behalf of your employer, you represent and warrant that you have the legal right and authority to, and you hereby do, bind your employer to the terms and conditions of this Terms of Service. You can review the most current version of the TOS at any time at: http://docs.generaltechnologies.com/info/terms/. In addition, when using particular GT owned or operated services, you and GT shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GT has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). When you create a GT Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the GT Account.

  2. Limitations on Use

    3. You agree that you will use the Service solely for your own personal, non-commercial, lawful purposes, and in accordance with these Terms. You may not use GT to sell a product or service, or to increase traffic to your Web site/mobile device for commercial reasons, such as advertising sales. You may not take the results from a GT search and reformat and display them, or mirror the GT home page or results pages on your Web site. You may not "meta-search" GT. If you want to make commercial use of the GT Services, you must enter into an agreement with GT to do so in advance. Please contact us for more information. If you are interested in adding a GT search box to your web site or your company's web site, please contact us. You agree that you will only use the Service to make legitimate inquiries, and will not use the Service for any purpose that is unlawful or prohibited by these Terms, including without limitation, to make any speculative, false or fraudulent messages. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service and will not send automated queries of any sort to the Service. All use by you of the GT Services (including any goodwill associated therewith) will inure to the benefit of GT. At no time will you challenge or assist others to challenge the trademarks or servicemarks of GT or the registration thereof by GT, or form any combination marks with GT, nor will you attempt to register any GT Features or domain names that are confusingly similar to those of GT.

  3. Changes

    4. GT reserves the right to modify or terminate the Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. GT reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you will be aware of any changes. A copy of the current Terms will be readily accessible at our web site at www.StreetYap.com. Your continued use of the Service following any change will be subject the Terms in effect at the time of your use. Except as expressly described in this Section 3, you and GT can only modify these Terms in a written document signed or otherwise accepted by you and by us.

  4. Disclaimer of Warranty

    5. GT disclaims any responsibility for any harm resulting from the deletion, failure to store, misdelivery of any information or material, downloading, failure to store any user communications or personalization settings, or accessing any information or material through GT SERVICES. THIS SERVICE IS PROVIDED BY GT AND ITS SUBSIDIARIES, LICENSORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS "AS IS" AND "AS AVAILABLE" AND YOU USE IT AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. GT, ITS SUBSIDIARIES AND LICENSORS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, CONTENT, ERROR-FREE ACCURACY, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. GT, IT’S SUBSIDIARIES AND LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH GT SERVICES. GT, IT’S SUBSIDIARIES AND LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON GT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY GT SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN GT SERVICES. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN MATERIAL OR DATA THROUGH THE USE OF GT SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Some states and jurisdictions do not allow the disclaimer of warranties. In such states and jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by law. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

  5. Limitation of Liability

    6. UNDER NO CIRCUMSTANCES WILL GT OR ITS LICENSORS OR AGENTS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON GT SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL GT OR ITS LICENSORS OR AGENTS BE LIABLE FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE. SUCH LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF GT SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, GT SERVICES. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF GT OR ITS AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law. Without limiting the foregoing, under no circumstances shall GT or its agents or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  6. Indemnification

    7. You agree to defend and indemnify GT, and its subsidiaries, affiliates, and/or their respective suppliers and any of their officers, directors, agents, partners, licensors, employees and affiliates from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your use of the Service arising out of Content you submit, post, transmit or otherwise make available through the Service.

  7. Copyright and Tradmark Notices

    8. All contents of this website are: ©2005 and 2006 General Technologies, 1500 Weston Parkway, Ste 101, Cary, NC 27511 USA. All rights reserved. StreetYap®, "Ratings and reviews on topics you choose"™ and the StreetYap logo are trademarks of General Technologies LLC. Other product and company names mentioned herein may be the trademarks of their respective owners. Unauthorized use of the Service and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.

    You are responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content")that you submit, post, and display on StreetYap, and must not violate any laws in your jurisdiction (including but not limited to copyright laws).

    NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    GT respects others intellectual property rights, and request users to also abide with copyright laws. In appropriate circumstances and at its discretion, GT may disable and/or terminate the user accounts that may be repeat infringers. Please provide GT's Copyright Agent the following information if you think your work has been copied in a way that constitutes copyright infringement, or if your intellectual property rights have been violated:
    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • a description of the copyrighted work or other intellectual property that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the site;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    GT's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
    • By mail:
      Copyright Agent
      c/o General Technologies LLC.
      1500 Weston Parkway, Ste 101, Cary, NC 27511 USA
    • By email: copyright@GenTechLLC.com

  8. Third-party Providers and Sites

    9. The third parties offering advertisements that are accessible through the Service are independent contractors and are not agents or employees of GT or its affiliates. The search results that appear from GT's indices are indexed by GT's automated machinery and computers, and GT cannot and does not screen the results before including them in the indices from which such automated search results are gathered. A search using GT Services may produce search results and links that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a GT search will provide in unintended or objectionable result and assume no responsibility for the results included in any search results or otherwise linked to by GT. You understand the mere fact that the Service displays advertisements of certain third parties does not in any way imply, suggest, or constitute any sponsorship or approval of GT by any such provider or any affiliation between any such provider and GT. Unless otherwise expressly stated, GT's display of advertisements does not suggest a recommendation by GT of the providers. You agree that GT is in no way responsible for the accuracy, timeliness or completeness of information it may obtain on your behalf from these transport providers. Your interaction with any provider accessed through the Service is at your own risk, and GT shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Furthermore, the Service may contain links or references to websites operated by parties other than GT. GT does not control such websites and is not responsible for their contents. GT 's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. You may not send automated queries of any sort to GT's system without express permission in advance from GT. Note that "sending automated queries" includes, among other things: using any software which sends queries to GT to determine results on GT for various queries; "meta-searching" GT; and performing "offline" searches on GT. Please do not write to GT to request permission to "meta-search" GT for a research project, as such requests will not be granted.

  9. Requests for Removal of Feedback Materials

    10. GT occasionally receives requests from people to remove terms from its feedback indices. Although GT reserves the right to address such requests individually, the general approach that GT takes reflects the following principles: GT’s indices consist of information that has been identified, indexed and compiled through an automated process. Given the enormous volume of terms and information added, deleted, and changed on a frequent basis, GT cannot and does not screen everything made available through its indices. For each term reflected in GT’s indices, GT would consider on a case-by-case basis requests to remove the term from its indices. However, if the operator, holder, or owner of the term does not take steps to prevent it, the automatic facilities used to create the indices are likely to include that term and index it again in a relatively short amount of time. GT stores many terms in its cache to retrieve for users as a back-up. Term owners may also request immediate removal of cached terms from the GT Feedback Service. GT evaluates such requests for the immediate removal of content on a case-by-case basis and does not guarantee that every request will be granted.

  10. Implementation

    11. You will implement any and all identifiers and other programming and/or technological elements that we ask that you implement in connection with GT Services. In addition, you will promptly notify us if your volume for GT Service queries for any month exceeds 1,000 queries.

  11. Privacy Policy

    12. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://privacy.generaltechnologies.com/. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by GT and its affiliates.

  12. Member Account, Password, and Security

    13. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GT cannot and will not be liable for any loss or damage arising from your failure to comply with this TOA.

  13. Conduct

    14. You understand that all information, data, text, messages or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not GT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree to not use the Service to:
    -upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    -upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    - upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    - upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    -interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    -intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    -provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    You acknowledge that GT may or may not pre-screen queries, but that GT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any queries that is available via the Service. Without limiting the foregoing, GT and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You acknowledge, consent and agree that GT may access, preserve and disclose your queries if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GT, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  14. Special Admonitions for International Use

    15. Recognizing the global nature of the Internet and mobile devices, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  15. Content Submitted or Made Available for Inclusion on the Service

    16. GT claims ownership of all ratings you submit, but does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant GT the following worldwide, royalty-free and non-exclusive license(s), as applicable:
    With respect to Content you submit or make available for inclusion on publicly accessible areas of GT Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting GT to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or GT removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the GT properties that are intended by GT to be available to the general public. By way of example, publicly accessible areas of the Service would include GT Service websites. However, publicly accessible areas of the Service would not include portions of GT Services that are limited to members, GT Services intended for private communication, or areas off of GT properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by GT.

  16. No Resale of Service

    17. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, content of the Service, or access to the Service.

  17. General Practices Regarding use and Storage

    18. You acknowledge that GT may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that queries or other uploaded Content will be retained by the Service, the maximum number of queries that may be sent from, the maximum size of any query that may be sent from or received on the Service, the maximum disk space that will be allotted on GT's servers, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GT has no responsibility or liability for the deletion or failure to store any queries and other communications or other Content maintained or transmitted by the Service. You acknowledge that GT reserves the right to block access to the Service. You further acknowledge that GT reserves the right to modify these general practices and limits from time to time.

  18. Termination

    19. You agree that GT may, under certain circumstances and without prior notice, immediately terminate any associated identifying information, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your GT account includes (a) removal of access to all offerings within the Service and (b) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in GT's sole discretion and that GT shall not be liable to you or any third party for any termination of your account or access to the Service.

  19. Dealings With Advertisers

    20. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  20. GT's Proprietary Rights

    21. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GT or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. GT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or mobile device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by GT for use in accessing the Service.

  21. Special Admonition for Services Relating to Financial Matters

    22. If you intend to utilize the Service, including but not limited to receiving or requesting any messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 4 and 5. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. GT and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

  22. No Third-Party Beneficiaries

    23. You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

  23. General Information

    24. Entire Agreement. The TOS constitutes the entire agreement between you and GT and governs your use of the Service, superseding any prior agreements between you and GT with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GT services, affiliate services, third-party content or third-party software. Waiver and Severability of Terms. The failure of GT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your use of the Service is non-transferable and any rights to the Service terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

  24. Violation

    25. Please report any violations of the TOS to our Customer Care group.

  25. Customer Comments

    26. GT welcomes the submission of Customer Service comments, information or technical feedback to GT; however, GT does not want to receive confidential or proprietary information from you. By submitting information through this site you agree that the information shall not be considered confidential and shall become the property of GT, including an assignment of all rights and titles to such information. GT shall have the unrestricted right to use such information for any purpose and without compensation to the submitting party.

  26. Miscellaneous

    27. You may not assign, delegate or transfer your rights or obligations under these Terms. You will review these Terms periodically. If GT fails to act with respect to your breach of these Terms or anyone else’s breach on any occasion, GT is not waiving our right to act with respect to future or similar breaches. These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States of America without reference to its choice of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in Wake County, North Carolina, USA, in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms are shall continue in full force and effect. These Terms (and the Privacy Policy referenced herein) constitute the entire agreement between you and GT with respect to the Service and it supersedes and replaces all prior or contemporaneous understandings, agreements, communications and proposals, whether electronic, oral, or written, between you and GT with respect to the Service. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by GT.

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