The jodange.com website ("ToMs" or "Service") is an online automated sentiment discovery system for general information, and an online information service focused on the rapidly expanding online content available on the web or through premium information providers. ToMs is a service of Jodange LLC. ToMs applies Jodanges' machine-learning and natural-language processing techniques to discover sentiment (e.g., attitudes, beliefs, emotions, opinions) expressed within online content available on the web or through premium information providers.
ToMs is offered to You subject to Your acceptance of and compliance with these terms and conditions as stated herein (the "Agreement"), which may be updated from time to time without notice to You. By accessing or using the Service, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to be bound by these terms and conditions, You may not access or use the Service. As used in this Agreement "We", "Us" or "Our" refers collectively to Jodange LLC, and "You" and "Your" refers to You, the user of the Service.
Usage Rules
1. Evaluation Use Only
ToMs is made available for Your evaluation only, subject to the terms and conditions of this Agreement. You may not use ToMs for any illegal purpose or in any manner inconsistent with, or prohibited by, this Agreement. We reserve the right to deny You access to any part of the Service at Our sole discretion.
2. Permission Required for Use of Any Other ToMs Content
All content provided by ToMs, such as text, graphics, logos, and information, and any compilation (arrangement or assembly) or use thereof ("Content"), is the property of Jodange LLC or its licensors, and is protected by applicable copyright laws. Permission to reprint or electronically reproduce any Content, in whole or in part, for any purpose not expressly permitted in this Agreement is expressly prohibited without Jodange's prior written consent. For example, You may not take the results from a ToMs search and reformat and display them on a commercial website, or mirror the ToMs website (including its results pages, or any other pages) on Your website, unless Jodange's prior written consent is obtained. Please Contact Us for more information.
3. Commercial Use Prohibited
You may not use ToMs to sell a product or service, or to increase traffic to Your website for commercial reasons. If You want to make any commercial use of the Service, You must enter into an agreement with Jodange to do so in advance. Please Contact Us for more information.
4. Other Prohibited Uses
You agree not:
to use the Service for any unlawful purposes;
to communicate, transmit, upload, or use the Service in connection with any content or material that is obscene, pornographic, unlawful, abusive, harmful, invasive to privacy or publicity rights, illegal or otherwise objectionable;
to communicate, transmit, upload, or use the Service in connection with any content or material that you do not have a right to access, use, communicate, transmit or upload, under any contractual or fiduciary relationship, or which infringes any copyright, trademark, trade secret, patent or other intellectual property right or any moral right of any party including, but not limited to, Jodange, LLC.
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted or displayed via the Service;
to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent;
to interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
to disseminate, introduce, communicate, or transmit any content or code that causes disruption of, or damage to, the property of other users, or to the property of Jodange, LLC and its affiliated companies, licensors, and suppliers, through the use of any virus, malware, spyware, adware, or any other form of malicious or unauthorized file or code, now known, or hereinafter developed;
to copy or analyze any content or information provided by the Service for the purpose of re-engineering any patented or non-patented information processing algorithms in use by the Service; or
to provide any information to Jodange LLC that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
Third-Party Web Sites and Links
The Service may contain links to websites operated by other parties. The links are provided for Your convenience only. Neither We nor Our suppliers control such websites and We are not responsible for the content and performance of these sites or for Your transactions with them. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. This Service does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.
Third-Party Products and Services
The Service may contain mention, or serve as a conduit to third party products or services. We do not control such products and services, and We are not responsible for the content and performance of these products and services, or for Your transactions with them. We make no recommendations or endorsements about third party products and services. Any reference to a third party product or service made via the Service is made "as is", without warranty of any kind, either express or implied.
Compliance with Export Control Laws
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any content or materials (including Software) to countries or persons prohibited under the export control laws. By downloading content and materials (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Disclaimer of Warranties
Jodange disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the ToMs results or elsewhere on ToMs, to include content, information and material provided by third parties. Jodange further disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material, or for any harm resulting from downloading or accessing any information or material on the Internet through ToMs.
THE TOMS SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN TOMS, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITH NO WARRANTIES WHATSOEVER. JODANGE AND ITS LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, (1) ALL EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; (2) ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND/OR PERFORMANCE OF TOMS; (3) ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH TOMS; (4) ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON TOMS OR RECEIVED THROUGH ANY LINKS PROVIDED BY TOMS, AS WELL AS FOR ANY AND ALL INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN TOMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF TOMS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL JODANGE OR ITS LICENSORS BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF YOUR OR THAT USER'S USE OR MISUSE OF OR RELIANCE ON TOMS, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF JODANGE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON TOMS, FROM INABILITY TO USE TOMS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TOMS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON TOMS OR RECEIVED THROUGH ANY LINKS PROVIDED IN TOMS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON TOMS OR RECEIVED THROUGH ANY LINKS PROVIDED IN TOMS. 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 TOMS OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, TOMS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Changes to ToMs or Terms of this Agreement
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Jodange shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. We also reserve the right to modify the terms and conditions of this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement to ToMs. You agree to review this Agreement periodically to be aware of such modifications and Your continued access or use of the Service shall be deemed Your conclusive acceptance of the modified Agreement. You agree that these standards for notice of changes are reasonable.
Non-waiver and Severability
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and enforce it to the maximum extent permissible , and the other provisions of this Agreement shall remain in full force and effect.
Indemnification
You agree to indemnify, defend and hold Us (including our directors, officers, management, employees, consultants, representatives and agents) harmless from any claims and expenses, including attorneys' fees, arising from or related to any breach by You of any terms of this Agreement.
New York Law and Forum and One Year Statute of Limitations
This Agreement shall be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York, but excluding its choice of law provisions. You agree that any legal action or proceeding between Us and You for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York, and You agree to the personal jurisdiction of such courts. In addition, any cause of action or claim You may have with respect to the Service or this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between Us and You relating to this Service, should we prevail, We shall be entitled to attorneys' fees, costs and expenses.
Entire Agreement
This Agreement, and any other more specific terms and conditions of service posted on http://www.jodange.com, constitute the entire agreement between You and Us and govern Your use of the Service.