By using this website, (www.sqad.com) (the “Site”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these terms of use shall constitute a binding and enforceable contract between you and SQAD, INC. (“SQAD”). These Terms of Use set forth the terms and conditions under which you may access and use the Site. If you do not agree to these Terms of Use, you may not use this Site.

Modifications

SQAD may, in its sole discretion and at any time, modify these Terms of Use, in whole or in part, by posting a modified Terms of Use on the Site. Your continued use of the Site following the posting of changes will operate as an acknowledgement of your acceptance of the then current Terms of Use. The Terms of Use will include the date SQAD last updated the Terms of Use.

Use Of The Site

You agree and acknowledge that the Site and the content, including, but not limited to, graphics, text, video, and the like, including the newsletters which are posted on the Site from time to time, any third party content, and other information provided on the Site (the “Site Content”), is the sole and exclusive intellectual property of SQAD or is licensed by SQAD for use on the Site and shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express prior written consent of SQAD or its licensors. SQAD hereby grants you a license to view the Site and the Site Content solely in accordance with the terms and conditions of these Terms of Use. Exclusive of any third party content and subject to the above limitations, you may print a single copy of limited portions of the Site Content solely for your personal, non-commercial use.

Indemnity

You agree to defend, indemnify and hold harmless SQAD, its subsidiaries, affiliates, partners, employees, officers, directors, agents, licensors, licensees or content providers (the “SQAD Indemnities”) from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees), arising out of or relating to your use of the Site.

Jurisdictional Disclaimer

SQAD intends that the Site will be viewed by U.S. persons for informational purposes only. This should not be viewed as a solicitation or offer of services in any jurisdiction in which SQAD is not qualified to do business. It is provided for informational purposes only.

Privacy

The Privacy Policy contains additional information about how your information (including information that will not be publicly viewable) will and will not be used.

Representations & Warranties

(a) Disclaimer of Warranties: THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SQAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SQAD MAKES NO WARRANTY THAT (i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.

(b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SQAD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE SITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT SQAD IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SITE CONTENT, OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM SQAD OR ITS SUBSIDIARIES AND AFFILIATES. NOTWITHSTANDING THE FOREGOING, ANY LIABILITY RESULTING FROM YOUR USE OF THE SITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST SQAD AND SQAD INDEMNITIES.

© Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Third Party Links

The Site may contain hyperlinks (“Links”) to other websites, or advertising or sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Links and Advertising may be made available to assist you, the user. SQAD does not control such Links or Advertising. SQAD MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links or Advertising does not imply any endorsement by SQAD, including but not limited to opinions, statements, information, individuals or entities referred to on such Links or Advertising or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other web sites may also have a Link to this Site; SQAD is not, and you agree that SQAD is not, responsible for the content of any such web site or the actions of any operator of any such web site.

Warning Against Hackers

It is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Site, you assume the risk of such occurrences.

Miscellaneous Terms

(a) Governing Law. By accessing the Site, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SQAD or its affiliates. In addition, you agree to submit to the jurisdiction of the courts of the State of New York, and that any action pursued concerning these Terms of Use or your use of the Site shall be within the exclusive jurisdiction of the courts of the State of New York.

(b) Construction. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

© No Waiver. The failure by either you or SQAD to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.

(d) Survival and Severability. Each provision in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use and if otherwise legally unenforceable due to its breadth, shall be interpreted in such a manner as to preserve its enforceability, while maintaining with the least change in scope.

(e) Headings. The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms of Use.

Contacting SQAD

To contact us about this Privacy Policy or this Site, you can use the contact page.