Terms of Service

Introduction

Thank you for using SqueezeMetrics. These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Prior Analytics LLC d/b/a Squeeze Metrics (“Company,” “we,” “our,” or “us”). These Terms apply to individuals who access, use, and/or interact with our products, services, websites, platforms, software, and applications which relate to SqueezeMetrics, including, without limitation, your subscription to our weekly newsletter (collectively, the “Platform”). If you are entering into this agreement on behalf of a legal entity, you hereby represent that you have the requisite authority to bind such entity by these Terms; and, in such case, the terms “you” or “your” shall refer to such entity where the context requires.

By using the Platform, you are hereby agreeing to be legally bound by the Terms, so read them carefully. We may change these Terms from time to time without notice to you, so be sure to check this page regularly. If you do not agree to these Terms, you should not use the Platform. By continuing to interact with our Platform, you are hereby consenting to the practices described in these Terms.

Your use of the Platform and of any content, information or data accessed on or through the Platform is at your own risk. We do not guarantee or make any representations or warranties about the accuracy or completeness of any content, information or data accessed on or through the Platform. Some content, information or data accessed on or through the Platform may be inaccurate, incomplete or unfit for a particular purpose.

Term and Termination

These Terms shall be binding on you beginning the date on which you begin use of the Platform and, unless terminated earlier in accordance with these Terms, will continue in effect for a period of one (1) year thereafter. These Terms, and your subscription to the Platform will automatically renew for consecutive one (1) year terms unless you cancel your subscription in accordance with these Terms. You may terminate your subscription with us at any time upon thirty (30) days written notice of your intention delivered to support@sqzme.co. We may cancel your subscription with us at any time without notice as further specified by these Terms, or upon your breach of these Terms, including, without limitation, your failure to pay any monthly fees owed in connection with your use of the Platform.

Monthly Subscription

You can find a description of the subscription-based options offered by the Company on website https://squeezemetrics.com/monitor/plans (the description of each listed plan, a “Service Plan Description”). When you sign up for our services, you will select a subscription option when you create an account on the Platform, all of which require payment (the “Paid Subscription”). Paid Subscriptions may be divided into multiple tiers, with a higher subscription fee being charged for higher-tier Paid Subscriptions. We reserve the right to modify, terminate or otherwise amend our offered services and/or Service Plan Descriptions at any time in accordance with these Terms of Service. Full details of the pricing and benefits of each of the service options can be found in the Service Plan Descriptions
When you elect to participate in a Paid Service Plan, you shall be charged the amount ascribed to such Paid Service Plan in the applicable Service Plan Description (such fee, the “Subscription Fee”). The Subscription Fee shall be charged to you on the terms described in the Service Plan Description or as may otherwise be agreed to by you and the Company in writing. If at any time you fails to make any payment (or any portion of any payment) of your Subscription Fee, the Company may, in its sole discretion, terminate your account with the Company.
In the event the Company is offering multiple Subscription Plans, you may, at any time, upgrade the Subscription Plan it has selected. You may not, however, downgrade its Subscription Plan without the prior written consent of the Company Any change in your Service Plan selected by must be made through the Platform and will be effective immediately upon the Company’s confirmation of receipt of such change.

Changes to Our Site

We may update our website on which the Platform is available to you from time to time, and may change the content at any time without notice to you.

Third Parties

The Platform displays links to other websites, content, information and data obtained from other websites. You agree that we are not responsible or liable for any actions or inactions of other websites. You understand that we may use third-party vendors to provide necessary hardware, software, networking, storage, and related technology to run the Platform. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third-parties.

Intellectual Property

Using the Platform does not give you ownership or license of any intellectual property rights in the Platform or in any content, information or data accessed on or through the Platform, including, without limitation, any content, information or data obtained from a third-party website. Unless otherwise indicated, the Platform is proprietary and all source code, databases, functionality, software, website designs, audio, video, text, and graphics relating to the Platform, along with the trademarks, service marks, copyrights, and logos contained therein, are owned, controlled or licensed to us, and are protected by various intellectual property laws of the United States.

It is your responsibility to comply with any copyright or other intellectual property laws that govern the content, information or data accessed on or through the Platform. Neither these Terms nor your use of the Platform grant you any right to use any trademark or service-mark accessed on or through the Platform. By making a query on the Platform, you agree that we can store the query in log files, and use it to generate the results given back to you. You also agree that we may use your queries to evaluate and enhance performance of the Platform and to study usage patterns.

Copyright Owners

The Platform is an index used as a conduit to data published on various locations on the internet. Like any search engine, the Platform makes no claim to own the data it indexes or caches. The Platform endeavors to respect copyright. If you believe this site is indexing your copyright data and you would rather it not do so, you may submit a take-down request to support@sqzme.co.

Privacy

The Platform collects some personal information from its users, which we may use to operate the Platform, to evaluate and enhance performance of the Platform, and to study usage patterns. By using the Platform, you agree to be bound by our Privacy Policy, which is hereby incorporated into these Terms by reference. More information about our Privacy Policy can be found here.

Use of the Platform

You may not access or use the Platform for any purpose other than those for which we make the Platform available. If we reasonably suspect that your account has been used for an unauthorized or illegal purpose, you give us express authorization to share information about you, your account, and any of your transactions with appropriate law enforcement.

As a user of the Platform, you agree not to:

modify, adapt or violate the security of the Platform;
reverse engineer the algorithms used by the Platform or probe the Platform for vulnerabilities;
systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein;
engage in unauthorized framing of or linking to the Platform;
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct;
interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
attempt to impersonate another user or person or use the username of another user;
sell or otherwise transfer your profile or any rights granted to you under these Terms;
use any information obtained from the Platform in order to harass, abuse, or harm another person;
use the Platform as part of any effort to compete with us;
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you;
copy, reproduce, alter, modify or adapt the Platform’s software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform; and
use the Platform in a manner inconsistent with these Terms or any applicable laws or regulations.

We may suspend or terminate your access to the Platform (or any portion thereof) at any time and for any reason, including, without limitation, for operational, regulatory, legal or other reasons, or if you breach any of the terms contained herein.

Forward Looking Statements

The Platform may contain certain statements that are forward looking, based on certain assumptions and reflect our current expectations. As a result, such statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional advice before taking, or refraining from, any action on the basis of the Platform.

Electronic Communications

You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and the Platform, satisfy any legal requirement that such communication be delivered to you in writing. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU HEREBY AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE, INABILITY TO USE, PERFORMANCE OR NONPERFORMANCE OF THE PLATFORM OR ANY CONTENT, INFORMATION OR DATA ACCESSED ON OR THROUGH THE PLATFORM. WE PROVIDE THE PLATFORM ON AN “AS IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM WILL BE AT YOUR SOLE RISK. YOU FURTHER AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING ATTORNEYS’ FEES, RESULTING FROM: (1) YOUR VIOLATION OF THESE TERMS, (2) YOUR USE OF THE PLATFORM OR ANY CONTENT, INFORMATION OR DATA ACCESSED ON OR THROUGH THE PLATFORM, AND/OR (3) YOUR INFRINGEMENT OR VIOLATION OF ANY THIRD-PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

General Terms

These Terms and any policies or operating rules referenced herein or in respect to the Platform constitute the entire agreement and understanding between you and us and supersede any prior agreements and understandings. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. No waiver by us of any provision of these Terms will be deemed as further or continuing waiver of such provisions or any others. We may assign any or all of our rights and obligations to others at any time without notice. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. The laws of New York, USA will apply to any disputes arising out of or relating to these Terms or the Platform. All claims arising out of or relating to these Terms or the Platform will be litigated exclusively in the federal or state courts of Erie County, New York, USA, and you consent to personal jurisdiction in those courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect. In any event, such an invalid or unenforceable provision shall have no effect on the validity or enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or the Platform. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

General Terms

If you have any questions or concerns about the Terms or the Platform, please do not hesitate to contact us by email at support@sqzme.co.