TERMS OF USE

Welcome to the Squag Inc. website.  Squag Inc. (“Squag.com” or “we”) offers the use of the www.squag.com website (the “Squag website” or the “Site”) to you on the following terms (“Terms”).  Your use of the Site shall constitute your agreement to the Terms as set out below.  If you do not agree with the Terms, please do not use this Site.  If you have any questions regarding the Terms, please contact info@squag.com.

When used herein, “user”, “you” and “your” include both the actual user of the Squag application (being that individual diagnosed with a condition identified within the autism spectrum disorder) (the “Actual User”), as well as any parent or legal guardian who has authorized the use of this Site by the Actual User (a “Guardian”).  Both Actual Users and Guardians must comply with these Terms, and Guardians must ensure compliance with these Terms by Actual Users.

General Use Restrictions:

Squag Inc. or third parties granting rights to Squag Inc.hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of Squag Inc. or such third parties. Squag Inc.grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with the Squag website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited licence terminates automatically, without notice to you, if you breach any of these Terms or if your membership expires or is terminated. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of Squag.Org Inc.

Squag Inc routinely monitors postings to the Site and messaging between Site users, and reserves the right so to do to ensure compliance with these Terms (in both spirit and letter). In addition, in our efforts to promote good citizenship within the Internet community, if Squag Inc.becomes aware of inappropriate use of the Site or any of its services, Squag Inc. will respond in any way that, in its sole discretion, Squag Inc.deems appropriate. You acknowledge that Squag Inc.will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Squag Inc. will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Privacy:

Your privacy is very important to Squag Inc.  We encourage you to read our Privacy Policy.

Safety

While we do our best to keep the Squag website safe and secure, we cannot guarantee safety and security. Accordingly, we require the assistance of users in promoting a safe and secure environment, and this means that by continued use of the Site:

  1. You will not send or post spam.
  2. You will not use the Site for any commercial purpose.
  3. You will not collect users’ content or information, or otherwise access the Squag website, using automated means.
  4. You will not upload viruses or other malicious code.
  5. You will not access (or attempt to access) an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user, nor will you post (or message) any hateful, threatening, pornographic, defamatory or otherwise questionable content (as determined by Squag.Org in its discretion).
  7. You will not use this Site to do anything that is unlawful, or may be considered misleading, malicious, defamatory or discriminatory.

Account Security

The security of your account is very important to us.  While we do our part to maintain account security, users must do their part as well.  As such, users, and those wishing to register as users (as applicable), must abide by the following:

1. The information you provide to Squag Inc must be accurate and complete.

2. You will not register as a user if you are under sixteen (16) years of age without the consent of a parent or other legal guardian, and only to the extent that that parent or legal guardian assists in the registration process and provides all required information.

3. You will not use this Site unless you are an individual who has been diagnosed as falling within the “autism spectrum”, or other neurodevelopmental disorder or mental health condition, unless you are the parent or sibling of a child who identifies with one of these conditions.

4. You will not use this Site if you have ever been convicted of a sexual, violent or otherwise questionable offence (as determined by Squag Inc. in its discretion) against children.

5. You will not share your account information with anyone, nor will you let anyone else access your account.

6. You will not engage in any activity which jeopardizes, or may jeopardize, your account security or the security of the accounts of other users.

Payment:

All membership fees are non-refundable.

For all credit card payments, your billing address must match your credit card billing address (i.e. the address your statements are sent to).

Third Party Interaction and Links to Third Party Sites

In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Squag Inc has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

This Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by Squag Inc. Such links do not constitute an endorsement by Squag Inc of any such sites. You acknowledge that Squag Inc is providing these links to you only as a convenience, and you agree that Squag Inc is not responsible for the content or links displayed on such sites to which you may be linked.

Disclaimer of Warranties:

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Squag Inc.

Squag Inc. does not warrant the accuracy or timeliness of the materials. Squag Inc. has no liability for any errors or omissions in the materials, whether provided by Squag Inc. or third parties.

SQUAG INC HAS COMPLETED A RIGOROUS PRIVACY CERTIFICATION PROCESS TO COMPLY WITH COPPA STANDARDS BUT THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE SQUAG WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND SQUAG INC. ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE SQUAG WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

NO CONTENT ON THE SQUAG WEBSITE SHOULD BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, TEST, USE OR COURSE OF ACTION. THE CONTENT ON THE SQUAG WEBSITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR ANY KIND OF PROFESSIONAL ADVICE (INCLUDING MEDICAL ADVICE). IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE (INCLUDING MEDICAL ADVICE) FROM A QUALIFIED PROFESSIONAL TO MEET YOUR NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.

THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. SQUAG INC, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. SQUAG.ORG INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF SQUAG.ORG INC. HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SQUAG INC. IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.

IN NO CASE WILL SQUAG INC, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU TO SQUAG INC. TO ACCESS THE SQUAG WEBSITE, IN THE YEAR IN WHICH THE CLAIM AROSE.

Indemnity

You agree at all times to indemnify, defend and hold harmless Squag Inc, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Squag Inc. directly or indirectly in respect of:

(i) Any information or other content You provide on or through the Squag website; or

(ii) Your use or misuse of the Squag website.

Inaccuracies or Errors

The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. Squag.Org Inc. does not make any warranty or representation with respect to the accuracy or completeness of any such information.

Furthermore, the prices and availability of services on this site may change without notice to you at any time in Squag Inc.’s sole discretion.

Squag Inc.shall have the right to refuse or cancel any orders placed and listed at incorrect price(s). Squag Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Squag.Org Inc.shall promptly issue a credit to your credit card account in the amount of the charge.

Suspension and Termination:

If you violate the letter or spirit of these Terms, or otherwise create possible legal exposure for Squag.Org Inc., we can stop providing all or part of access to the Squag website to you, or we may terminate your account altogether (for which there shall be no refund).   Upon termination, you must cease use of the Squag website and destroy all materials obtained from the Squag website and all copies thereof, whether made under these terms of use or otherwise.  You agree that Squag Inc.shall not be liable to you or to any other person as a result of any such termination.

Provision of these Terms intended to continue to apply post-termination of a user’s membership continue to apply (including, without limitation, those sections pertaining to disclaimer of warranties and limitation of liabilities).

Local Laws:

Squag Inc. controls and operates this Site from its Canadian head office and makes no representation that the materials are appropriate or will be available for use in other locations.  Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in Canada. If you use this Site from outside Canada, you are entirely responsible for compliance with applicable local laws.

Trademarks:

Squag™, SquagPad™and SquaggerTM are trademarks of Squag Inc.

Applicable Law:

Any action related to these Terms will be governed by the law of the province of Ontario, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the province of Ontario, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

Unauthorized Activities:

Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Squag Inc. and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

General

Interpretation: The division of these Terms into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms.

Site Changes: We may change the Squag website or features at any time, in any way, for any reason.

Entire Agreement: These Terms, as it may be amended from time to time in accordance with the provisions herein, and any and all other legal notices and policies on this website, constitute the entire agreement between You and Squag.Org with respect to the use of the Squag website.

Amendment and Waiver: Squag Inc.reserves the right, in its discretion, to amend these Terms at any time by posting amendments on the Squag website. You are responsible for periodically reviewing the amendments on the Squag website and You are deemed to be aware of such amendments. If You do not agree to the amended Terms, You shall immediately stop using the Squag website. Access to the Squag website or use of the Squag website after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended Terms. No supplement, modification or amendment to these Terms and no waiver of any provision of these Terms shall be binding on Squag.Org unless executed by Squag Inc in writing. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Severability: Any provision of these Terms which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

Enurement: These Terms shall enure to the benefit of and be binding upon each of Squag Inc and our respective successors and permitted assigns. You acknowledge having read these Terms before accepting it, having the authority to accept these Terms.