Terms of Use

Terms and Conditions of Use

Effective: 10.15.2016

Welcome! This website or service is owned and operated by Euclid Discoveries, LLC. (together with our affiliates and assigns, “EuclidIQ“, “we”, “our” or “us”). By using our websites (collectively the “Site”) you agree to these Terms and Conditions of Use (“Terms of Use“).

These Terms of Use describe the conditions under which you are authorized to use our Site and the services we provide on the Site (the Site and the services are collectively referred to as the “Service(s)”). Below is a brief summary of these Terms of Use. The full text of the Terms of Use follows the summary.

  1. Your consent: By using this Service, you are agreeing to all of these Terms of Use. You must be at least 13 to use our Service.
  2. Third party services: Our Service may contain links to websites owned by third parties, and we are not responsible for them.
  3. Modifications and interruptions: We may occasionally have outages in our Services or we may modify or suspend the Services at any time.
  4. Ownership and license: We own the Service and all rights in the Service, but we grant you limited rights to use the Service. If you provide us any feedback about the Service, we may use that feedback without any compensation to you. You may only use the Service as described in these Terms of Use.
  5. User-submitted content: Information provided by users of our Service or other third parties may not be accurate, and we are not responsible for this content. You may not post content on our Service unless you have the rights to do so.
  6. Content complaints: Please email complaints to support@EuclidIQ.com.
  7. Copyright infringement: If you believe your content is on our Service without your permission, please notify us at DMCA@EuclidIQ.com.
  8. Restricted activities: When you use our Service you are not allowed to do certain things as listed in Restricted activities section, below.
  9. Mobile devices: If you access the Service from a mobile device, you are responsible for any cellular data charges by your carrier.
  10. Disclaimers and Limitation of Liability: We don’t provide any warranties for the Service and your use of the Service is at your own risk. The Service is offered “as-is”.
  11. Law and disputes: These Terms of Use are governed by laws of the Commonwealth of Massachusetts and the U.S. Any disputes will only be heard in a court in or near Concord, Massachusetts.
  12. Indemnification: If we get sued or face liability because of something you have done, you will agree to defend the matter and pay any settlements or damages.
  13. Statute of Limitations: You may not bring claims against us regarding the Service more than 1 year after the claim arose.

YOUR CONSENT & REPRESENTATIONS

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SERVICE, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OUR SERVICE. Our Services may not allow you to register and use the Service unless you are 13 years of age or older (or the applicable age of majority in your jurisdiction). However some of our Services may allow use by minors. Users who are under 13 years of age are not permitted to create or use an account. You may not use our Service if you do not meet the applicable age requirements.

LINKS TO THIRD PARTY SERVICES

The Site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of EuclidIQ and EuclidIQ is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EuclidIQ is not responsible for webcasting or any other form of transmission received from any Linked Site. EuclidIQ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EuclidIQ of the site or any association with its operators.

MODIFICATIONS AND INTERRUPTION TO THE SERVICE

We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service, or that operation of our Service will be error free.

OWNERSHIP AND LICENSE OF THIS SERVICE AND ITS CONTENT

Ownership of this Service. Our Service, including all of the software and code comprising or used to operate this Service and all content are protected under applicable intellectual property
and other proprietary laws, including without limitation those of the United States. All content and intellectual property rights therein are the property of EuclidIQ or of third parties who have
licensed their rights to EuclidIQ.

The presence of any content on this Service does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content viewed through this Service. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Copyrights and trademarks. With the exception of any User Content you may provide through the Service (as described below), as between you and EuclidIQ, EuclidIQ and its licensors own and reserve the copyrights in this Service, including all of its content. All trade names, trademarks and service marks displayed on this Service are the registered or unregistered trademarks of EuclidIQ, its licensors, or other third parties (collectively, the “Trademarks“) and are protected by U.S. and international trademark laws and treaties.

License and limitations. We hereby grant you a limited license to access and use this Service and to download and print, save, or use copies of any content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such content. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any content, in whole or in part, by any means, except as expressly set forth in these Terms of Use, unless you first obtain our written permission. You may not link to the Service, frame the Service, load any interstitial pages or pop-ups, or charge for access to any portion of the Service without our express written consent. When the link is clicked, the applicable page within our Service must be displayed in full. You may not copy portions of the Service to a server, except as part of an Internet service provider’s incidental caching of pages.

Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Service (collectively, “Feedback“). By submitting Feedback, however, please note that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not make a claim that Feedback constitutes your confidential information, that any limits apply to EuclidIQ’s right to use the Feedback, or that you are entitled to compensation or recognition for EuclidIQ’s use of Feedback.

USER-SUBMITTED CONTENT

Any information or content uploaded, posted, submitted, or otherwise made available by individual users of the Service, and any other content which does not originate with EuclidIQ (“User Content“), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will EuclidIQ be liable in any way for any User Content made available through the Service by you or any third party.

Since EuclidIQ does not control the User Content posted on the Service, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such
User Content. EuclidIQ has no responsibility for any User Content, including without limitation any errors or omissions therein. EuclidIQ are not liable for any loss or damage of any kind incurred as a result of any User Content on the Service. EuclidIQ does not claim ownership of User Content you submit or make available for inclusion on the Services.

EuclidIQ reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Service. You agree that the exercise by EuclidIQ of such discretion shall not convert or transform User Content to content owned or provided by EuclidIQ, and the user who made such User Content available on the Service will retain ownership thereof as described below.

CONTENT COMPLAINTS

If you believe that any User Content on our Service violates these Terms of Use or is otherwise
inappropriate, please report the content by sending an email to support@EuclidIQ.com.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

In the event that you find Content posted on our Service which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact EuclidIQ’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):

(1) your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
(2) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
(3) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
(4) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
(5) a description of the infringing material and the URL where such material is located on the Service, or a description of where on our Service you found such material;
(6) your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
(7) a statement that all of the information you have provided is true.

Please send your notice of alleged infringement to us:
By Mail addressed to:
Copyright Agent
Euclid Discoveries, LLC.
30 Monument Square
Ste 212
Concord, MA 01742-1896
Attn: Copyright Agent
E-mail: DMCA@EuclidIQ.com, subject line “DMCA Notice

In accordance with the DMCA, it is the policy of EuclidIQ to terminate use of our Service by repeat infringers in appropriate circumstances.

RESTRICTED ACTIVITIES

You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service), and you agree not to use the Service to:

  1. violate or encourage the violation of any local, state, national, or international law or regulation;
  2. collect or store personal data about other users of our Service or solicit personal information from any individual;
  3. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  4. send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by EuclidIQ in its sole discretion;
  5. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
  6. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
  7. disrupt or interfere with the security or use of the Service or any websites or content linked to them;
  8. interfere with or damage the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
  9. attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) EuclidIQ or create or use a false identity;
  10. attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
  11. use any meta tags or any other “hidden text” utilizing the EuclidIQ name, trademarks, or product names;
  12. attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service;
  13. reproduce, make available, or otherwise use any portion of the Service for any commercial purpose;
  14. engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
  15. assist any third party in engaging in any activity prohibited by these Terms of Use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, EUCLIDIQ, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, SPONSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “EUCLIDIQ PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, RELATED TO OUR SERVICE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EUCLIDIQ PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE EUCLIDIQ PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY EUCLIDIQ PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE EUCLIDIQ PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Use and which if known, might materially affect your consent to these Terms of Use. To the fullest extent permissible under applicable law, you expressly waive all rights you may have under Section 1532 of the California Civil Code (or similar code section in your jurisdiction), which states:

A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $50. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

CHOICE OF LAW, JURISDICTION AND VENUE

These Terms of Use and the relationship between you and EuclidIQ shall be governed by and construed in accordance with the federal laws of the United States of America and the internal
laws of the Commonwealth of Massachusetts, excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SERVICE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN OR NEAR CONCORD, MA, U.S.A. YOU AND EUCLIDIQ IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration under the rules of the American Arbitration Association.

INDEMNIFICATION

You agree to indemnify and hold the EuclidIQ Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on our Service, or other use of our Service in a manner not permitted by these Terms of Use, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Service using your computer, mobile device or account.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

THESE TERMS OF USE MAY CHANGE

We may add new features and functionality to this Service. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use on an accessible page of our Service. Your continued use of this Service after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will strive to alert you by updating the “effective date” at the top of this page.

GENERAL

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers will only be effective if they are made be in writing by EuclidIQ. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use will remain in full force and effect.

These Terms of Use, together with any client agreement to which you may be subject, set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and EuclidIQ with respect to the subject matter hereof.

These Terms of Use may be amended only as set forth above.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of our Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

CONTACT US

If you have any questions or concerns regarding these Terms of Use, please feel free to contact us using our web form or directly at:

support@EuclidIQ.com

or

Euclid Discoveries, LLC
30 Monument Square
Ste 212
Concord, MA 01742-1896

Attn: User Agreement Issues