Website Service Agreement And Terms Of Use


Our User Agreement has been updated; click here for a summary of the changes.


1. Acceptance Of Terms

The services that Swiss QualityTM Group Inc. (hereinafter referred to as "SQG") provides to USER is subject to the following Terms of Use (hereinafter referred to as "TOU"). SQG reserves the right to update the TOU at any time without notice to USER. The most current version of the TOU can be reviewed by clicking on the "Terms" hypertext link located at the bottom of our Web pages.

A. This Agreement, which incorporates by reference other provisions applicable to use of https://www.sqbs.ca (hereinafter referred to as "WEBSITE"), including, but not limited to, supplemental terms and conditions set forth hereof (hereinafter referred to as "SUPPLEMENTAL TERMS") governing the use of certain specific material contained in WEBSITE, sets forth the terms and conditions that apply to use of WEBSITE by USER. By using WEBSITE (other than to read this Agreement for the first time), USER agrees to comply with all of the terms and conditions hereof. The right to use WEBSITE is personal to USER and is not transferable to any other person or entity. USER is responsible for all use of USER's Account (under any screen name or password) and for ensuring that all use of USER's Account complies fully with the provisions of this Agreement. USER shall be responsible for protecting the confidentiality of USER's password.

B. SQG shall have the right at any time to change or discontinue any aspect or feature of WEBSITE, including, but not limited to, content, and hours ofavailability.


2. Changed Terms

SQG shall have the right at any time to change or modify the terms and conditions applicable to USER's use of WEBSITE, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on WEBSITE. Any use of WEBSITE by USER after such notice shall be deemed to constitute acceptance by USER of such changes, modifications or additions.


3. Description Of Services

Through its Web property, SQG provides USER with access to a variety of resources, including download areas, communication forums and product information (hereinafter referred to collectively as "SERVICES"). The SERVICES, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.


4. Equipment

USER shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of WEBSITE and all charges related thereto.


5. User Conduct

A. USER shall use WEBSITE for lawful purposes only. USER shall not post or transmit through WEBSITE any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SQG's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a USER that in SQG's discretion restricts or inhibits any other USER from using or enjoying WEBSITE will not be permitted. USER shall not use WEBSITE to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of USERs to become subscribers of other on-line information services competitive with SQG.

B. WEBSITE contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of WEBSITE are copyrighted as a collective work under the Canada copyright laws. SQG owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. USER may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. USER may download copyrighted material for USER's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SQG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. USER acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. USER shall not upload, post or otherwise make available on WEBSITE any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with USER. USER shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any area of WEBSITE, USER automatically grants, or warrants that the owner of such material has expressly granted SQG the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. USER also permits any other USER to access, view, store or reproduce the material for that USER's personal use. USER hereby grants SQG the right to edit, copy, publish and distribute any material made available on WEBSITE by USER.

D. The foregoing provisions of Section 5 are for the benefit of SQG, its subsidiaries affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

E. Notwithstanding the forgoing provisions of Section 5A through 5D, for any organization registered through WEBSITE (hereinafter referred to as "ORGANIZATION"), USER who is an active organization administrator of ORGANIZATION (hereinafter referred to as "ORGANIZATION ADMINISTRATOR") may modify, copy, redistribute, publish or transmit information submitted by members of ORGANIZATION through the survey engine of the Employee Connect(TM) tool (hereinafter referred to as "EMPLOYEE CONNECT").


6. Use Of Services

The Services may contain email services: bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable USER to communicate with others (hereinafter referred to individually as "COMMUNICATION SERVICE" and collectively as "COMMUNICATION SERVICES"), USER agrees to use the COMMUNICATION SERVICES only to post, send and receive messages and material that are proper and, when applicable, related to the particular COMMUNICATION SERVICE. By way of example, and not as a limitation, USER agrees that when using the COMMUNICATION SERVICES, USER will not:

  • Use the COMMUNICATION SERVICES in connection with surveys (except EMPLOYEE CONNECT surveys SQG specifically composes and distributes to USERs), contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless USER own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the SERVICES in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such COMMUNICATION SERVICES specifically allows such messages.
  • Download any file posted by another USER of a COMMUNICATION SERVICE that USER know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other USER from using and enjoying the COMMUNICATION SERVICES.
  • Violate any code of conduct or other guidelines which may be applicable for any particular COMMUNICATION SERVICE.
  • Harvest or otherwise collect information about others, including email addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of USERs of the SERVICES or other USER or usage information or any portion thereof. SQG has no obligation to monitor COMMUNICATION SERVICES. However, SQG reserves the right to review materials posted to COMMUNICATION SERVICES and to remove any materials in its sole discretion. SQG reserves the right to terminate USER's access to any or all of the COMMUNICATION SERVICES at any time, without notice, for any reason whatsoever. SQG reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SQG's sole discretion. Materials uploaded to the COMMUNICATION SERVICES may be subject to posted limitations on usage, reproduction and/or dissemination; USER is responsible for adhering to such limitations if USER downloads the materials.

Always use caution when giving out any personally identifiable information in any COMMUNICATION SERVICES. SQG does not control or endorse the content, messages or information found in any COMMUNICATION SERVICES and, therefore, SQG specifically disclaims any liability with regard to the COMMUNICATION SERVICES and any actions resulting from USER's participation in any COMMUNICATION SERVICES. Managers and hosts are not authorized SQG spokespersons, and their views do not necessarily reflect those of SQG.


7. Member Account, Password, And Security

If any of the SERVICES requires USER to open an account, USER must complete the registration process by providing SQG with current, complete and accurate information as prompted by the applicable registration form. USER also will choose a password and a username. USER is entirely responsible for maintaining the confidentiality of USER's password and account. Furthermore, USER is entirely responsible for any and all activities that occur under USER's account. USER agrees to notify SQG immediately of any unauthorized use of USER's account or any other breach of security. SQG will not be liable for any loss that USER may incur as a result of someone else using USER's password or account, either with or without USER's knowledge. However, USER could be held liable for losses incurred by SQG or another party due to someone else using USER's account or password. USER may not use anyone else's account at any time, without the permission of the account holder


8. Notice Specific To Documents Available On This Website

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the SERVICES is granted, provided that

A. The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,

B. Use of such Documents from the SERVICES is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and

C. No modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Notwithstanding the forgoing provisions of Section 8A through 8C, ORGANIZATION ADMINISTRATOR may modify, copy, redistribute, publish or transmit information submitted by members of ORGANIZATION through the survey engine of EMPLOYEE CONNECT.

SQG AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SQG AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


9. Notices Regarding Software, Documents And Services Available On This Site

IN NO EVENT SHALL SQG AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SQG AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.


10. Materials Provided To SQG Or Posted At Any Of Its Websites

SQG does not claim ownership of the materials USER provide to SQG (including feedback and suggestions) or post, upload, input or submit to any SERVICES or its associated services for review by the general public, or by the members of any public or private community, (hereinafter referred to individually as "SUBMISSION" and collectively as "SUBMISSIONS"). However, by posting, uploading, inputting, providing or submitting (hereinafter referred to as "POSTING") USER's Submission, USER is granting SQG, its affiliated companies and necessary sub-licensee’s permission to use USER's Submission in connection with the operation of their Internet businesses (including, without limitation, all SQG Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat USER's Submission; to publish USER's name in connection with USER's Submission (USER's name may or may not be published in connection with USER's Submission at the sole discretion of SQG) and the right to sublicense such rights to any supplier of the SERVICES. No compensation will be paid with respect to the use of USER's Submission, as provided herein. SQG is under no obligation to post or use any Submission USER may provide and SQG may remove any Submission at any time in its sole discretion. By Posting a Submission USER warrants and represents to own or otherwise control all of the rights to USER's Submission as described in these Terms of Use including, without limitation, all the rights necessary for USER to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (hereinafter referred to as "IMAGES"), USER warrant and represent that

A. USER is the copyright owner of such Images, or that the copyright owner of such Images has granted USER permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of USER's use and as otherwise permitted by these Terms of Use and the Services,

B. USER have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and

C. That each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, USER is granting (a) to all members of USER's private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the SERVICES, other than a private community), permission to use USER's Images in connection with the use, as permitted by these Terms of Use, of any of the SERVICES, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat USER's Images without having USER's name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time USER completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time USER completely remove such Images. No compensation will be paid with respect to the use of USER's Images.


11. Disclaimer Of Warranty; Limitation Of Liability

A. USER EXPRESSLY AGREES THAT USE OF WEBSITE IS AT USER'S SOLE RISK. NEITHER SQG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WEBSITE.

B. WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, USER SPECIFICALLY ACKNOWLEDGES THAT SQG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN NO EVENT WILL SQG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WEBSITE OR THE SQG SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WEBSITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SQG, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.


12. Links To Third Party Sites

Some links on WEBSITE may let USER leave WEBSITE. The linked sites are not under the control of SQG and SQG is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SQG is not responsible for webcasting or any other form of transmission received from any linked site. SQG is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by SQG of the site. SQG is a distributor (and not a publisher) of content supplied by third parties and USERs. Accordingly, SQG has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, USERs or any other USER of WEBSITE, are those of the respective author(s) or distributor(s) and not of SQG. Neither SQG nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through WEBSITE represents the opinion and judgments of the respective information provider, USER, or other USER not under contract with SQG. SQG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on WEBSITE by anyone other than authorized SQG employee spokespersons while acting in their official capacities. Under no circumstances will SQG be liable for any loss or damage caused by a USER's reliance on information obtained through WEBSITE. It is the responsibility of USER to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SQG. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.


13. Unsolicited Idea Submission Policy

SQG OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING BUT NOT LIMITED TO IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SQG'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SQG. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SQG OR ANYONE AT SQG. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SQG MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.


14. Monitoring

SQG shall have the right, but not the obligation, to monitor the content of WEBSITE, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SQG and to satisfy any law, regulation or authorized government request. SQG shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on WEBSITE. Without limiting the foregoing, SQG shall have the right to remove any material that SQG, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


15. Indemnification

USER agrees to defend, indemnify and hold harmless SQG, its affiliates and their - respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of WEBSITE by USER or USER's Account.


16. Termination

Either SQG or USER may terminate this Agreement at any time. Without limiting the foregoing, SQG shall have the right to immediately terminate USER's Account in the event of any conduct by USER which SQG, in its sole discretion, considers to be unacceptable, or in the event of any breach by USER of this Agreement.


17. Miscellaneous

This Agreement and any operating rules for WEBSITE established by SQG constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of New Brunswick, Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.


18. Copyright Notice

SQG its logos are trademarks of SQG. All rights reserved. All other trademarks appearing on WEBSITE are the property of their respective owners.


19. Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.


20. Confidentiality

Although SQG makes every reasonable effort to protect any personal information provided by USER, SQG does not accept responsibility if USER's personal information becomes available to others by mistake, omission or otherwise. By way of example, but not limiting it, an organization's records of a USER has the built-in feature to show when information is out of synchronization with actual USER's information. Although personal information is not shared, someone could keep changing the organization's records until the "outdated" message disappears, in which case they could discover the USER's personal information.


21. CASL

ORGANIZATION ADMINISTRATORS or administrators of teams (herein after referred to as "TEAM ADMINISTRATORS") agree to be bound by and act in accordance with CASL and give SQG express permissions to send out email communications on behalf of individual organizations to their members including but not limiting

  • Notification of new surveys
  • Reminders to fill out weekly surveys
  • Information about organization membership
  • Notices of changes to personal information

22. Dormant Accounts

SQG reserves the right to perform maintenance task on inactive personal accounts, organizations, teams, members or similar objects or information when SQG at its sole discretion believes such information has become inactive or dormant. No notice or warning shall be given prior to such maintenance task (including but not limited to deletion of such accounts, organizations, teams, members or similar objects or information).


23. Personal Information Shared With Organization

Any personal information USER shares with or submits to ORGANIZATION (hereinafter referred to as "ORGANIZATIONAL DATA") becomes the property of ORGANIZATION and as such will not be deleted when USER's account is deleted. ORGANIZATIONAL DATA is governed by the sole discretion of ORGANIZATION and in accordance with ORGANIZATION, data retention and/or privacy policies.


24. Subscription Charges & Payments

To make use of one or more of WEBSITE's various business tools (hereinafter referred to individually as "TOOL" or collectively as "TOOLS") beyond any free trial period, ORGANIZATION requires a paid subscription to each individual TOOL with either monthly or yearly renewal terms as chosen by ORGANIZATION ADMINISTRATOR (hereinafter referred to as "SUBSCRIPTION"). At the end of the term, SUBSCRIPTION will automatically renew at the then-current subscription price on a month-to-month or on a year-to year basis (in accordance with the SUBSCRIPTION's renewal terms) until your Subscription is cancelled or terminated.

ORGANIZATION ADMINISTRATOR must agree to provide current, complete, and accurate purchase and account information to maintain SUBSCRIPTION. ORGANIZATION ADMINISTRATOR must agree to promptly update account and other information, including email address and credit card numbers and expiration dates, so that we can complete transactions as needed.

SQG reserves the right to suspend or cancel SUBSCRIPTION and access to a TOOL if SQG dos not receive an on time, full payment of the required subscription fee.

All funds are in US Dollars.

Subscription changes are automatically prorated. For example, if you sign up on May 1 for a $30 plan, you'll be billed $30 immediately. If you then switch to a $40 plan on May 15, once June 1 comes around, you'll be billed $45 ($40 for a renewal of your subscription and a $5 prorating adjustment from the previous month). Similarly, a downgrade will generate a credit to be applied to the next invoice. Switching plans does not change the billing date or generate an immediate charge unless you're switching between different intervals (e.g. monthly to yearly), in which case we apply a credit for the time unused on the old plan and charge for the new plan starting right away, resetting the billing date. (Note that if we charge for the new plan, and that payment fails, the plan change will not go into effect).

Refunds are generally not issued except for exceptional circumstances (must be applied for within 7 days of payment). Please Contact Us for more information.

Cancelling a SUBSCRIPTION will result in the immediate termination of the SUBSCRIPTION and no credit will be applied towards any future SUBSCRIPTIONS. This applies even if the same SUBSCRIPTION is started up again at a later date.

Each SUBSCRIPTION is based on the specific TOOL that you subscribe to. Therefore, any credits you may have with one TOOL (for example because of downgrades), can only be applied towards the SUBSCRIPTION it was originally credited for.


25. Policy Changes

SQG may update this privacy policy in its sole discretion. When updated, we will revise the "Last update" date at the bottom of this page. Your continued use of the website and service constitutes your agreement to this privacy policy and any updates.


26. Covenant Not to Sue

USER hereby covenants not to sue SQG, its affiliates nor any of their respective employees, agents, third party content providers or licensors on account of any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of SQG, USER, ORGANIZATION or otherwise, that arise out of or relate in any way to USER's or ORGANIZATION's use of WEBSITE, and any claims for costs, expenses and attorneys' fees associated therewith.

ORGANIZATION hereby covenants not to sue SQG, its affiliates nor any of their respective employees, agents, third party content providers or licensors on account of any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of SQG, USER, ORGANIZATION or otherwise, that arise out of or relate in any way to USER's or ORGANIZATION's use of WEBSITE, and any claims for costs, expenses and attorneys' fees associated therewith.


Summary of Changes

January 16, 2017 - Added section 26. Covenant Not to Sue