Terms of Use
Effective as of May 22, 2023
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 LLC and its affiliated companies (“SQAD”, “We”, “Us”, or “Our”). These Terms of Use set forth the terms and conditions under which you may access and use the Site. Please read these Terms of Use carefully. 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. We recommend that you re-visit the Site on occasion to learn of revised terms or policies. The Terms of Use will include the date SQAD last updated the Terms of Use.
Use Of The Site
The information contained in this Site is for general information purposes only. Without limiting the foregoing, as a condition of your right to access the Site under these Terms of Use, you acknowledge and agree that you shall not directly or indirectly:
- use the Site for any commercial purpose or the benefit of any third party;
- frame or hyperlink the Site or any portion thereof;
- remove any proprietary notices from the Site or any copy thereof;
- attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by SQAD with respect to the Site and/or data transmitted, processed or stored by SQAD;
- use the Site for any illegal or fraudulent purpose;
- use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.
Ownership
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, "Marks") found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to SQAD or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of SQAD or others. You may not use any Mark or Content without the express prior written permission of the owner (whether SQAD or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.
Risks you assume
While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. To the extent permitted by applicable law, you agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.
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 websites 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 website or the actions of any operator of any such website.
Limitation of Liability
To the extent permitted under applicable laws, SQAD is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of these Terms of Use.
Neither SQAD nor any of SQAD, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives will be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive, or exemplary damages, lost revenues, lost profits, loss of business, loss of data or any other damages or losses) arising out of or in connection with these Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.
Indemnity
Except to the extent permitted under applicable law, you agree that you will be solely responsible for, and that you will defend, indemnify and hold SQAD, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of these Terms of Use. SQAD reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify SQAD for all liabilities, losses, or damages. You agree to provide SQAD with whatever cooperation it reasonably requests.
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.
Privacy
Your privacy is very important to us at SQAD. To better protect your rights we have provided the SQAD Privacy Policy to explain our privacy practices in detail.
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
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of SQAD at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms of Use against or relating to SQAD or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in New York and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement or any contemporaneous oral agreement. Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word "including" means "including without limitation."
Contacting SQAD
If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please email [compliance@sqad.com].