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You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this Site. In connection with your use of and/or access to Content contained in certain areas of this Site, it may be necessary for you to consent to policies or other terms and conditions in addition to the Terms set forth herein.
Our Site is provided to you without charge as a convenience and for your information only. By merely providing access to our Site content, we do not warrant or represent that:
We do not assume any liability for these matters. In other words, you use our Site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Site, even if one of our representatives has been advised of the possibility of your damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Our Site, including all content, software and functions made available on or accessed through our Site, is provided “as available” and on an “as is, where is” basis. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our Site, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Site or any linked site. WE AND ANY SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data or profit arising out of the use or the inability to use the content of this website, even if one of our representatives has been advised of the possibility of your damages. WE DO NOT WARRANT THAT ANY CONTENT, SOFTWARE OR THE FUNCTIONS ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND ANY SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
If a third party links to our Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Site. A website that links to our Site:
· May link to, but not replicate, our content;
· May not create a browser, border environment or frame our content;
· May not imply that we are endorsing it or its products;
· Should not misrepresent its relationship with us;
· Should not present false information about our products or services; and
· Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
We do not want to receive confidential or proprietary information from you through our Site. If you transmit to or post on our Site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and EXSQ shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to EXSQ is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity’s proprietary rights. Personal data provided to us will be handled in accordance with our Privacy Policy.
All content included on this Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of EXSQ or its affiliates and suppliers, and is protected by United States and international copyright laws. The compilation of all Content on this Site is the exclusive property of EXSQ and protected by U.S. and international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) without our prior express written permission.
We may at any time revise these Terms and Conditions by updating this posting. By using our Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current terms and conditions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by other legal notices or terms located on parts of our Site.
You hereby jointly and severally agree to indemnify, defend and hold us and our suppliers or affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Site or any breach by you of these Terms and Conditions, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
Some of the provisions of this agreement are for the benefit of EXSQ and its affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Site after you have terminated this agreement. Provisions 2, 3, 6, 7, 8,11, 14 and 15 of these Terms and Conditions shall survive any termination.
These Terms and Conditions shall be construed in accordance with the laws of the State of Massachusetts without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be filed only in the state or federal courts located in the State of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may change, suspend or discontinue any aspect of our Site or service at any time. EXSQ reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.
We welcome your questions and comments regarding these Terms and Conditions and anything else on this Site. Please email us at info@exsquared.com.
LAST UPDATED: July 10, 2024