(updated February 17,2021)
In addition, you and Company shall be subject to any additional terms, guidelines, or rules applicable to the Site/Services, which may be posted from time to time on the Site/Services. All such additional terms, guidelines, and rules are hereby fully incorporated by reference into this Agreement. Also, Company may offer other Services from time to time that are governed by different terms.
Disclaimers, Limitations of Liability, and Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE/SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS OR GOODWILL; (III) DAMAGES FOR LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR PERSONAL INJURY, OR FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE; AND (IV) ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOUR USE OF THE SITE/SERVICES IS AT YOUR SOLE RISK. THE SITE/SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTY THAT (I) THE SITE/SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE/SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR CORRESPOND TO ANY CONDITION, (III) RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE/SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF THE SITE/SERVICES OR RESULTS ACHIEVED THROUGH ANY OF THEM, WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE/SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE/SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR SERVICES, OR TWENTY U.S. DOLLARS ($20).
COMPANY DOES NOT WARRANT THAT THE SITE/SERVICES ARE APPROPRIATE FOR EVERYONE, OR THAT THEY MEET YOUR PARTICULAR NEEDS. Company does not guarantee that information or content provided through the Site/Services is accurate, complete, or up-to-date. You agree and acknowledge that Company is not responsible for verifying or guaranteeing information or content provided by third parties through the Site/Services. You agree and acknowledge that you will not attempt to hold us or our affiliates, vendors, or agents liable for any inaccuracies or incomplete information.
All intellectual property rights associated with vendor services referenced on or offered through the Site/Services are owned by the respective entities offering such services (collectively, “Third Parties”). As between you and Company, Company owns all intellectual property rights, including all copyrights, patents, trademarks, and trade dress associated with the Site/Services, including all associated software, logos, text, and graphics. You agree not to use any Third Parties’ intellectual property or any Company intellectual property without prior written permission from such Third Parties or Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as such link is not related to any portrayal of Company or the Site/Services in any false, misleading, derogatory, or otherwise offensive manner.
Please be aware that when you provide content to us or the Site/Services, you are doing the following: (a) you grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to exercise any and all intellectual property rights you have in that content in connection with our provision and/or promotion of the Site/Services, in any media known now or developed in the future; (b) you waive any right to enforce your intellectual property rights, if any, in that content against Company, or our sublicensees or other agents, in connection with any use of that content in connection with the Site/Services or promotion thereof.
LINKS IN THE SITE/SERVICES MAY LET YOU LEAVE THE SITE/SERVICES. SUCH THIRD-PARTY SITES ARE NOT CONTROLLED OR OPERATED BY COMPANY AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH SITE, OR ANY LINK CONTAINED IN SUCH SITE, OR ANY FORM OF TRANSMISSION RECEIVED FROM ANY SUCH SITE. LINKING DOES NOT IMPLY ENDORSEMENT BY COMPANY OF ANY SITE. Company is not responsible or liable in any way for, and makes no representations or warranties about, the privacy, security, data policies, practices, quality, accuracy, timeliness, reliability of any third-party sites or their content, advertisements, functionality, and links.
We currently use third party subprocessors to provide infrastructure services and to provide customer support.
|Entity Name||Subprocessing Activities||Entity Country|
|Microsoft Azure||Cloud Service Provider||United States|
|Twilio Video||Video Service Provider||United States|
|Zendesk||Cloud-based Customer Support Services||United States|
|Typeform||Survey Service Provider||United States|
Representations & Warranties
You represent and warrant that:
- you are 16 years of age or older,
- you are fully able, competent, and authorized to enter into this binding Agreement,
- you will abide by and comply with this Agreement, and your access and use of the Site/Services are for your personal use,
- your access and use of the Site/Services shall comply with all applicable laws, rules, and regulations, and not violate any intellectual property rights or other rights of any party,
- you will not post, upload, link, or transmit to the Site/Services any content or information that is false or inaccurate, or any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment,
- you will not frame or apply framing techniques to the Site/Services,
- you will not use data mining, robots, or similar data gathering and extraction tools on the Site/Services,
- you will not reverse engineer, decompile, disassemble, revise, modify, or violate the security of this Site/Services or attempt to do so,
- you will not use, copy, modify, create derivative works of, distribute, sell, deliver or otherwise transfer, directly or indirectly, any part or content of this Site/Services unless expressly permitted in writing in advance by Company,
- you will not post false, inaccurate, misleading, deceptive, defamatory, or libelous content,
- you own any and all content you provide to, send to, or post on the Site/Services, or you expressly (in writing) own or otherwise control all necessary rights to do so,
- you will not provide to, send to, or post on the Site/Services any content that infringes the intellectual property, privacy, publicity, or any other rights of any third party.
Company will not be liable for non-performance or delay in performance caused by any event beyond the reasonable control of Company, including, but not limited to, war, hostilities, revolutions, riots, civil commotion, terrorist activity or threat, national or state emergency, epidemic, pandemic, fire, flood, earthquake, force of nature, explosion, embargo, any act of God, or any other event of a similar nature.
Indemnification and Release
You hereby agree to indemnify and hold harmless, and upon Company’s request, defend, Company and its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding made by a third party arising from: (i) actual or alleged breach of any warranty, representation, covenant, or obligation of yours under this Agreement or applicable law, including but not limited to your agreements, acceptance, representations, and warranties set forth above; or (ii) actual or alleged infringement or violation by you of any intellectual property or privacy or other right of any other. Company shall have the right, at its expense, to participate in its defense with counsel of its choosing.
You hereby expressly and perpetually release Company and its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns (collectively, “Releasees”), from any and all claims of any kind related to or arising out of access, attempted access, or use of the Site/Services, including but not limited to any injury, loss, or damage arising out of or attributable to such access, attempted access, or use of the Site/Services. You expressly and perpetually waive, and covenant not to make or bring, any such claim against Company or any other Releasee, and forever release and discharge Company and all other Releasees from liability under such claims.
This Agreement and the relationship between you and Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Any dispute arising in connection with this Agreement or the Site/Services shall be submitted to arbitration conducted in New York, New York, by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Arbitration Rules (as applicable). Three arbitrators will be selected for the proceeding: one selected by you, one selected by Company, and one selected by those two arbitrators within seven (7) days of the appointment of the first two. The arbitrators will decide the substance of all claims in accordance with applicable law. The arbitrators’ award shall be final and binding and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit as to any claim or dispute you may have against Company and/or its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or remove you as a participant in the suit. You agree to pay the attorneys’ fees and costs that Company incurs in seeking such relief. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.
Except as explicitly stated otherwise, any notices to Company shall be sent by overnight courier or certified mail, return receipt requested, to SQQ, LLC, 2388 28th Street, Astoria, NY 11105, Attn: Legal.
This Agreement along with any additional terms, policies, rules, or regulations posted on the Site/Services constitute the entire agreement between you and Company and govern your use of the Site/Services, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer your rights or obligations under this Agreement, in whole or in part. Company may assign or transfer its rights and obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon the respective heirs, successors, and permitted assigns of you and Company.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be curtailed only to the extent necessary to bring it within legal and enforceable requirements and all other provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are for convenience only and shall not affect the meaning of any provisions of this Agreement.
Without limiting other remedies, Company may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and/or use of the Site/Services if: (i) you breach this Agreement or the documents it incorporates by reference, or breach any other agreement between you and Company; (ii) we are unable to verify or authenticate information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us, or other users. Company has no obligation to monitor the Site/Services, but Company reserves the right to review content provided through the Site/Services and to remove any content in Company’s sole discretion. Company reserves the right to refuse, suspend, or terminate access to the Site/Services to anyone for any reason at Company’s sole discretion.