Effective date: May 31, 2008

Welcome, and thank you for visiting Sensenetworks.com. This website (this "Site") is owned and operated by Sense Networks, Inc. ("Sense Networks" or "we"). www.sensenetworks.com provides general information regarding the MACROSENSE and CITYSENSE mobile device applications (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). Please read these Terms carefully before using this Site. Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site.

Acceptance of Terms

By using and or visiting this Site, you signify your assent to both these Terms and the terms and conditions of Sense Networks Privacy Policy, which are published at www.sensenetworks.com and which are incorporated herein by reference. If you do not agree to these terms, do not use this Site.

Sense Networks reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Persons who visit this Site ("you") thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

Our Intellectual Property Rights

The content on www.sensenetworks.com, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively "Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sense Networks, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Use of Our Content 

No Materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may use information on Sense Networks products and services (such as brochures, knowledge based articles, and similar materials) purposely made available by Sense Networks for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. You agree not to circumvent, disable, or otherwise interfere with security related features of www.sensenetworks.com or features that prevent or restrict use or copying of any Materials or content.

Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of Sense Networks, or other entities or persons where so indicated, unless Sense Networks or the copyright owner has provided said Material for such express purpose. Permission for all other uses of Materials contained herein, including reproducing and distributing multiple copies or using Materials on any other website or networked computer, or linking to any page at this Site except the "home page" www.sensenetworks.com must be obtained from Sense Networks or the appropriate copyright owner in advance; otherwise, such use is prohibited. Requests for such authorization from Sense Networks should be submitted via an email to legal@sensenetworks.com. All design rights, databases and compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill are proprietary to Sense Networks.

Sense Networks may now or in the future permit the submission of commentary, feedback or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. Any commentary, feedback or other communication you provide at this site shall be deemed to be non-confidential. Sense Networks shall be free to use such information on an unrestricted basis.

Your Obligations

You must exercise caution, good sense and sound judgment in using this Site. You, and not Sense Networks, are responsible and liable for any User Submissions you transmit to or through the Site or to us through email. You agree, represent and warrant that any User Submissions you transmit to or through the Site or to us through email are 1) truthful, accurate, and not misleading 2) offered in good faith, and 3) that you have the right to transmit such information. We reserve the right to screen, refuse to post, remove or edit any User Submissions at any time and for any or no reason in our absolute and sole discretion without prior notice; however, we have no obligation to monitor, screen, remove or edit any User Submissions, and we do not endorse or guarantee the accuracy or reliability of any User Submissions. Certain information submitted by you, or otherwise collected from you, is subject to Sense Networks' privacy policy, available at http://www.sensenetworks.com/privacy.php and in the footer of this Site.

Confidentiality

You acknowledge that anything you submit to this Site may be routed through our servers, the servers of one or more third parties on our behalf and the Internet and that although we endeavor to provide substantial security measures to protect the integrity and security of your personal information, we cannot ensure or warrant the security of any information you transmit to Sense Networks. We cannot guarantee the confidentiality or privacy of any submission and are not liable for any damages resulting from the disclosure of such submissions. Sense Networks is not liable for any damages resulting from the loss of, or the loss of access to, any Material submitted by you to our Site due to problems with our software or computers used by us; however, we will use our best efforts to recover any Materials lost in such fashion.

Unsolicited Ideas

Sense Networks does not accept or consider unsolicited ideas, including ideas for new promotions, products, product enhancements, technologies, or processes. You must not transmit any Material to or through this Site or to us by email that you consider to be confidential or proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. If, despite this warning you submit your ideas, then the following terms apply: (1) except as expressly provided in Sense Networks' privacy policy, you agree to give Sense Networks an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any submitted communications and Materials; (2) you further agree that Sense Networks has the right to use, without payment or accounting to you or others, any concepts, know-how or ideas that you (and those that act on your behalf) transmit to or through the Service and/or Site or to us through e-mail; (3) Sense Networks is under no obligation to review the submission or to keep said submission confidential.

Site Security

You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Sense Networks will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Other Prohibited Activities

 In using this Site, you agree not to:

• Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Misrepresent your identity or affiliation in any way;
• Restrict, discourage, or inhibit any person from using this Site, disclose personal information on this Site or obtained from this Site, or collect information about users of this Site;
• Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
• Gain unauthorized access to this Site or other computers or websites connected or linked to this Site;
• Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
• Post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
• Violate any applicable laws or regulations or these Terms; or
• Assist or permit any persons in engaging in any of the activities described above.

Links to Other Websites

As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of Sense Networks proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Sense Networks. Sense Networks is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Sense Networks of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Jurisdictional Issues

Unless otherwise specifies, the material in the Site are presented solely for the purpose of sharing information with regards to the MACROSENSE and CITYSENSE products. This Site is controlled and operated by Sense Networks from its offices within the State of New York, United States of America. Sense Networks makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.

Violation of Terms of Use

Sense Networks may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

Disclaimer

The Materials in this Site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SENSE NETWORKS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SENSE NETWORKS does not make any representations or warranties regarding the use or the results of the use of the Materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall SENSE NETWORKS be liable for any compensatory, punitive, special or consequential damages that result from 1) the use of THIS SITE OR the materials ON IT, 2) the inability to use THIS SITE OR the materials ON IT, 3) THE MISAPPROPRIATION OF MATERIALS, or 4) THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, even if Sense Networks or a SENSE NETWORKS authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

Indemnity

You agree to indemnify, defend and hold Sense Networks and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.

Children

This Site is not intended for children under the age of 13. If you are under 13 years of age, please do not use or access this Site at any time or any manner. By using this Site, you affirm that you are over the age of 13. Sense Networks does not seek through this website to gather personal information from or about persons under the age of 13.

Privacy

Use of this Site is also governed by Sense Networks' privacy policy, available at http://www.sensenetworks.com/privacy.php and in the footer of this Site.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Other

If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to legal@sensenetworks.com. We will endeavor to respond to you promptly.