Terms of Use

Overview

The following is a legal agreement between you and G&S Quotient, LLC. By accessing web sites located at gnsquotient.com, gnsquotient.org and gnsquotient.net, which are owned and operated by G&S Quotient, collectively the "Site", you are indicating that you have read, acknowledge and assent to be bound by these terms of use. If you do not agree to these terms of use, do not access this web site. G&S Quotient reserves the right to change these terms of use and you are responsible for regularly reviewing these terms of use. Your continued use of this web site constitutes your agreement to all such terms of use.

General Tenets

Unauthorized use of the Site and systems, including, but not limited to, unauthorized entry into G&S Quotient's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any G&S Quotient web site or service or interfere with any other party's use and utilization of any G&S Quotient site or service. You may not attempt to gain unauthorized access to any G&S Quotient site or service, computer systems or networks connected to any G&S Quotient site or service, through hacking, password mining or any other means.

Intellectual Property Rights and Unlawful Use

All the content of the Site is the property of G&S Quotient or its providers, and is protected by copyright and other intellectual property laws. The Site may also contain references to other companies' trademarks and service marks. Such references are for identification purposes only, and G&S Quotient claims no ownership in, nor any affiliation with, any third party trademarks or service marks appearing on the Site. All trade names, trademarks, service marks and other product and service names and logos on the Site are proprietary to their respective owners ("Owner") and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Site may be registered or unregistered marks of G&S Quotient or others. Nothing contained on this Site should be construed as granting any license or right to use any of the Marks displayed on the Site without the express written permission of G&S Quotient or a third party owner of such Marks. You shall honor all reasonable requests by G&S Quotient to protect G&S Quotient's proprietary interests in the Site and all the content on the Site. Illegal and unauthorized uses of the Marks or any other content on the Site are strictly prohibited.

Third Party Notice

This Site and certain G&S Quotient products include references of certain third party indexes. Such third-party indexes are proprietary to their respective Owners. If such third party indexes, whether directly or indirectly, through a derivation process, are used by you to construct your proprietary indexes, you shall be wholly responsible for compliance with appropriate license agreement with the respective Owner related to such use. The Owner is not responsible for the formatting or configuration of content or for any inaccuracy in G&S Quotient's reference thereof.

Your Representations and Warranties

You represent and warrant that: (a) the information you provided to G&S Quotient is true and accurate; (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Site; (c) you will not use the Site to infringe, misappropriate or violate the rights of G&S Quotient or third parties; (d) you will not knowingly introduce to or through the Site any viruses or other items of a destructive nature; and (e) you will comply at all times with the terms of use, as amended, and all terms incorporated herein by reference.

Indemnification by You

You agree to indemnify and hold harmless G&S Quotient, its partners, agents, affiliates, officers, directors, employees, subcontractors, successors and assignees harmless from any and all third party claims, demands, expenses, causes of action, including reasonable attorney's fees, judgments, settlements, penalties, expenses, or costs arising out of or related to: (a) any breach by you, of this terms of use or any terms incorporated herein by reference; (b) any use of the Site by you; (c) any infringement, misappropriation or violation by you of any copyrights or other intellectual property rights of any third party.

Access to Passwords

Access to and use of secure areas of the Site is restricted to authorized users of the Site. You will ensure that your access to the Site cannot be used by anyone other than you. You will not share or exchange your password or identification credentials with anyone. You are solely responsible for maintaining the security of Site access credentials, including your user identification and password. You are responsible for all access to the Site under your user identification and password, whether or not you have any knowledge of such access or use.

Disclaimer

By the act of your accessing the Site, you agree that your use of the Site is entirely at your own risk. The Site is provided on an "as is", "as available" basis and G&S Quotient, expressly disclaims all warranties, express or implied, with respect to any aspect of the Site.

G&S Quotient makes no warranty or representation that the Site is appropriate for use in any particular jurisdiction or for any purpose, whatsoever.

G&S Quotient specifically disclaims any and all representations and warranties relating to the following: (i) the warranties of merchantability or fitness for a particular purpose; (ii) any warranties concerning the availability, accuracy, completeness, content selection, timeliness, reliability or appropriateness of the Site; (iii) any warranties of title; (iv) non-infringement of any third party's proprietary rights; or (v) the security of the Site.

You acknowledge that the Site entails the likelihood of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of data.

Exclusion of Consequential Damages

Neither G&S Quotient, nor any of its partners, agents, affiliates, officers, directors, employees, subcontractors, successors or assignees shall be liable for any consequential, punitive, special, coincidental or indirect damages arising out of any use of the Site, any information contained on the Site, or any inability to gain access or to use the Site.

Limitation of Liability

The aggregate liability of any claim arising out of or relating to the Site shall not exceed the amount paid by user to G&S Quotient for access to and use of the Site during the twelve month period immediately prior to the accrual of the claim.

This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, loss of profits or lost savings, communication line failure, unauthorized access, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, in any way due to, resulting from, or arising in connection with the Site. You specifically acknowledge that G&S Quotient is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely on you. You acknowledge that this section shall apply to all content on the Site.