Website Terms of Use
The Wisq website (the “Website”) is located at https://wisq.com and is operated by Wisq Inc. (“Wisq”). Access to the Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. The Website is distinct from Wisq’s Platform Service, and the terms for the use of Wisq’s Platform Service are available separately.
For information about Wisq’s policies regarding personal information, please read Wisq’s Privacy Policy, which is hereby incorporated into this Agreement.
Modification of these Terms of Use
Wisq reserves the right to change the terms, conditions, and notices under which the Website is offered.
Links to Third Party Sites
The Website may contain links to other websites ("Linked Sites") operated by Wisq or third parties. Any Linked Sites operated by third parties are not under the control of Wisq, and Wisq is not responsible for the contents of any such Linked Site, including without limitation any link contained in a Linked Site. Wisq is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wisq of the Linked Site or any association with its operators. Your use of any Linked Site operated by Wisq is subject to the terms and conditions provided by Wisq for such Linked Site.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Wisq that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
Content
The Website and all content made available in the Website (“Wisq Content”) are the property of Wisq. You may use the Wisq Content on the Website solely for your personal, noncommercial use. You are not permitted to reproduce Wisq Content in any online website or distribution method (e.g., online fora, mailing lists or newsgroups) if for any reason (including any third party technical or legal restrictions) you do not provide a link back to the specific URL of the Wisq Content. For the avoidance of doubt, this license shall not include any right to attempt to reproduce material portions of the Website, regardless of the means used. All other uses require written permission from Wisq. All rights not expressly granted herein are reserved.
Materials Provided to Wisq or Posted at The Website
Wisq appreciates hearing from our users and welcomes your comments regarding our services and the Website. Please be advised, however, that Wisq does not as a matter of policy solicit or desire to receive any creative ideas, suggestions, inventions or materials other than those we have specifically requested. While Wisq does value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials to us. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively, "Submissions"), you grant Wisq a world-wide perpetual, irrevocable, sublicensable (to any number of tiers) nonexclusive right and license to exploit your Submissions in any way Wisq sees fit, including, without limitation, the rights to incorporate your Submission in any Wisq product or service or base a product or service on your Submission, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions, and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submissions. Wisq is under no obligation to use any Submissions you may provide. No part of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions.
Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL WISQ CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WISQ AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND WISQ CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE WEBSITE AND ANY WISQ CONTENT IS ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WISQ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE OR THE WISQ CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WISQ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Termination/Access Restriction
Wisq and/or its suppliers may make improvements and/or changes to the Website at any time. Wisq reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice.
General
To the maximum extent permitted by law, these terms and conditions are governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Santa Clara County, California, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wisq as a result of these terms and conditions or use of the Wisq Website. There are no third party beneficiaries to these terms and conditions.
Nothing contained in these terms and conditions is in derogation of Wisq's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Wisq with respect to such use.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms and conditions shall continue in effect.
Unless otherwise specified herein, these terms and conditions constitute the entire agreement between the user and Wisq with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wisq with respect to the Website. No amendment to these terms and conditions shall be binding on Wisq unless it is in a published version of these terms and conditions or in a writing signed by an officer of Wisq. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these terms and conditions and all related documents be drawn up in English.